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Opinion 16-05 |
Conflict of Interest | Government Representation | Nonlawyer Assistants
A law firm may continue to represent a city in municipal matters even though a paralegal employed by the firm is a member of the city council and the council has authority over the work and whether the firm’s bills get paid.
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Opinion 14-07 |
Advice to Client | Government Representation | Scope of Representation
An Illinois lawyer may provide services to a client on legal matters generated by the Compassionate Use of Medical Cannabis Pilot Program Act.
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Opinion 14-05 |
Conflict of Interest | Conflict of Interest - Personal Interests | Government Representation | Prosecutors
A State’s Attorney may represent his county in union negotiations while simultaneously calling law enforcement personnel as witnesses in criminal cases provided the attorney has completed an analysis of any conflicts of interest pursuant to Rule 1.7 of the Illinois Rules of Professional Conduct.
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Opinion 13-07 |
Conflict of Interest | Government Representation | Prosecutors
A lawyer may not serve concurrently as a municipal prosecutor and as an administrative hearing officer for that same municipality.
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Opinion 12-13 |
Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
A lawyer may not continue to represent a plan commission or city council after the lawyer’s partner has appeared before those bodies to oppose a zoning change. The lawyer’s recusal from the plan commission’s or city council’s consideration of the partner’s zoning matter will not remove the conflict of interest. However, the plan commission and city council may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest. If the lawyer’s partner represents others in the zoning matter before the plan commission or city council, the partner must disclose the representation and conform to the applicable rules regarding candor to a tribunal.
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Opinion 12-12 |
Appearance of Impropriety | Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
A lawyer may not continue to represent a school district against which the lawyer’s partner has initiated an adverse proceeding. Recusal from consideration of the partner’s adverse proceeding will not remove the conflict of interest. However, the school board may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest. The notion of avoiding the “appearance of impropriety” is no longer a standard of lawyer professional conduct in Illinois.
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Opinion 07-01 |
Conflict of Interest | Government Representation
Because state government is not one entity composed of all departments under the jurisdiction of the Governor for purposes of resolving conflict of interest questions, a lawyer may represent one state government agency while representing a private party adverse to another state government agency.
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Opinion 96-07 |
Government Representation
Lawyer who previously worked for DCFS as supervisor and not as lawyer may represent client in juvenile court provided (1) lawyer did not personally and substantially participate in same matter while at DCFS; and (2) lawyer did not acquire relevant confidential information about DCFS or about person adverse to his client that would be used against DCFS or against such person. Under appropriate circumstances DCFS or person adverse to client could waive objection to lawyer's representing client.
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Opinion 95-05 |
Conflict of Interest | Government Representation | Imputed Disqualification
It is not necessarily improper for a lawyer whose firm represents a city in defense of a variety of civil matters to undertake representation in unrelated matters of clients charged with violations of the Human Rights Ordinance of the city before its Human Rights Commission if both clients consent after full disclosure.
Any client of any lawyer in a law firm or of the firm itself is a client of every lawyer in the firm for the purpose of conflict of interest analysis.
Representation of a public body client in defense of various civil matters is directly adverse to the interests of that client in representation of another client before the Human Rights Commission, a creature of the city, empowered to enforce the city’s Human Rights Ordinance.
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Opinion 94-21 |
Conflict of Interest | Government Lawyers | Government Representation
It is not per se improper for a lawyer to sue a current client (a public body) in an unrelated matter if both clients consent after full disclosure.
Whether an attorney "reasonably believes" his dual representation will not adversely affect his relationships is determined by an objective, not subjective, standard based upon what the "reasonable attorney" would believe.
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Opinion 94-16 |
Government Representation | Prosecutors
A lawyer who represents criminal and traffic defendants may accept individual juvenile cases on behalf of the State's Attorney's Office as Special Prosecutor, but only with full disclosure and consent of any affected clients.
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Opinion 94-03 |
Advertising and Solicitation | Government Representation
A law firm may entertain public officials who are officers of a client municipality at events such as a holiday party or a summer picnic. Invitations of such persons to sporting events on an individual basis are not improper per se, but are subject to reasonable limitations.
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Opinion 90-34 |
Conflict of Interest | Government Representation
It is permissible for two attorneys to form a partnership where one is a City Attorney prosecuting ordinance violation and the other is a part-time public defender in the same county. However, neither may defend clients charged with violations of said City's ordinances nor charges initiated or investigated by said City's Police Department.
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Opinion 89-15 |
Conflict of Interest | Government Representation
A city attorney should not participate in pending ordinance adoption where he might benefit from adoption except where he has disclosed his possible interest in the success of the ordinance and has secured a waiver of the city of the conflict.
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Opinion 87-04 |
Conflict of Interest | Government Representation
Part-time public defender may represent private client against county with consent of private client after full disclosure of employment relationship with county.
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Opinion 86-13 |
Government Representation
Neither a City's Corporation Counsel nor members of his firm may, in their private practice, represent clients criminally charged under State statutes where the acts charged may also constitute city ordinance violations and where the charges were initiated or will be supported by City police officers.
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Opinion 86-04 |
Government Representation | Prosecutors
Lawyers of a law firm may act as criminal defense counsel where other lawyers of firm act as Special Assistant State's Attorneys in the same county where the nature of the latters' work is unrelated to that of the former and if both clients consent after full disclosure. A public entity may grant consent to partners or associates of a part-time public lawyer to work on unrelated matters.
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Opinion 84-05 |
Government Representation | Imputed Disqualification | Prosecutors
It is professionally proper for a law firm to represent a claimant in a personal injury case where the defendant has criminal charges pending arising from the same factual situation and a member of the law firm representing the Plaintiff was a member of the State's Attorney's Office at the time the criminal charges were pending, but was not involved with prosecution or disposition.
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Opinion 852 |
Government Representation | Prosecutors
A part-time municipal attorney who prosecutes state traffic charges for violations alleged to have occurred within the municipality may represent defendants charged with violations of the State Traffic and Criminal Codes where the violations did not occur within the municipality which the attorney represents.
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Opinion 748 |
Government Representation
It is professionally improper for a salaried City Attorney, or the members of his firm, to accept employment for criminal defense in cases where the alleged crime occurred within the city.
