ISBA Ethics Opinions on Prosecutors

In any criminal proceeding, a prosecutor may convey a plea offer to a pro se defendant prior to a court proceeding, regardless who initiates the contact. The communication must simply convey the plea offer and not make any recommendations as to the value of the offer. The communication must also identify that the prosecutor is not disinterested, clarify any misconception the person may have about the prosecutor's role and advise the person about the right to secure counsel.

Law firm can properly pay former partner share of contingent fee earned after partner left firm to become State’s Attorney as long as payment is part of separation agreement under Rule 1.5(j) and payment does not violate public policy concerns; former partner’s disqualification from private practice as State’s Attorney does not bar payment to former partner of share of fee earned by firm after partner withdrew when paid as part of separation agreement; former partner sharing fee under Rule 1.5(j) need not retain responsibility for matter, share fee proportionally to service performed, get c