ISBA Ethics Opinions on Prospective Clients | Illinois State Bar Association

Opinion 12-18 | Conflict of Interest | Prospective Clients
Taint Shopping

An attorney may not encourage a client to engage in the practice known as “taint shopping,” whereby a prospective client meets with an attorney for the sole purpose of disqualifying the attorney from representing an opponent.
Opinion 12-05 | Conflict of Interest | Prospective Clients
Duties owed to prospective client when considering representing a different individual in the same matter

It would be improper for a lawyer to represent a person adverse to a prospective client who had previously consulted with the lawyer in the same matter and disclosed significantly harmful information during the consultation absent both persons’ informed consent.
Opinion 95-04 | Former Client | Prospective Clients
Brief but substantive discussion with plaintiff in dispute with university does not preclude attorney joining university legal staff

Lawyer may represent university as legal counsel even though faculty member with dispute against the university had previously discussed that dispute with the lawyer; provided, however, that the lawyer take appropriate action to avoid being placed in a conflict of interest situation, and , if such a situation develops, that the lawyer follow Rules regarding conflicts.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.