Q. Many years ago I represented a husband in a divorce. The ex-wife just came to me and wants me to represent her in a personal injury matter. Can I?

A. RPC 1.9 prohibits a lawyer from representing someone in a matter that is the same or substantially related to a matter in which the lawyer previously represented a client. Although there are many facets of this rule when applying it to specific situations, one of the major concerns is to protect confidential information that may have been gained in the prior representation that could be used to the detriment of the former client.

For a discussion of this point see In re Estate of Klehm, 363 Ill.App.3d 373, 299 Ill.Dec. 825 (1st Dist. 2006). View the case on Fastcase

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. Our firm is a five attorney personal injury plaintiff law firm located in San Francisco. We have 2 equity partners, one non-equity partner and two associates. One hundred percent of our fees are contingency fees. Our attorneys work on some cases together. We do not keep time sheets.

The two equity partners are compensated based upon their ownership interests and this has worked well. We are looking to improve our compensation for the non-equity partner and the two associates. Currently they are paid salaries and a percentage of firm collected fee revenue over a certain threshold. We feel that they have not been profitable and we have been overpaying them. We would appreciate your thoughts.

By Judge Barb Crowder, Edwardsville

The Third Judicial Circuit Pro Bono Committee continues to expand its services to veterans in honor of their service to this country. Madison County has a large number of veterans, many of whom are in reduced circumstances or homeless. Madison County started the first Veterans’ Court in the State of Illinois to help veterans navigate the criminal justice by connecting them with volunteers and with social services to assist with the problems that led many of the veterans to criminal court. The Pro Bono committee has focused on legal advice for civil court problems being experienced by veterans and has provided legal advice to veterans near each Veterans Day. For 2014, the Third Circuit Pro Bono Committee and the Madison County Veterans Assistance Commission are excited to announce the creation of the Third Circuit Veterans Legal Assistance Project (VLAP). The circuit’s programs for veterans have grown since the pro bono committee started in 2011. It provides:

Chief Justice Rita B. Garman announced Tuesday the Illinois Supreme Court's appointment of DeWitt County State's Atty. Karle Eric Koritz to fill the judicial vacancy of Resident Circuit Judge of DeWitt County in the Sixth Judicial Circuit.

The appointment is effective December 5, 2014, and will terminate December 5, 2016. He will fill the vacancy created by the death of the Honorable Garry W. Bryan.

Chief Justice Garman recommended to the Supreme Court that Mr. Koritz be appointed after an application and review process that included evaluation by a specially selected screening committee.

"This is a tremendous and humbling honor for me and I would like to thank Chief Justice Garman and the Illinois Supreme Court for the confidence they have placed in me with this appointment," said Mr. Koritz. "It has been a privilege to serve as state's attorney of DeWitt County and it will be a privilege to follow Judge Bryan to the bench."

Mr. Koritz graduated from the University of Illinois College of Law in 2005, attending law school after teaching high school history and government for one year in the mountains of northeast Tennessee.

Following his admission to the Illinois bar in November 2005, Mr. Koritz joined the Peoria law firm of Quinn, Johnston, Henderson & Pretorius with an emphasis on defending medical malpractice cases. He joined the McLean County state's attorney's office in 2007 where he obtained extensive jury trial experience in cases ranging from simple traffic and DUIs to Class X felonies, including homicide.

In 2008, he was named "Hero of the Highway" by Mothers Against Drunk Driving.

He was elected state's attorney in November 2012.

New attorneys will be admitted to practice in Illinois on Thursday, November 6, with Justices of the Illinois Supreme Court presiding and administering the attorney's oath at five separate locations to a total of 1,874 candidates.

Supreme Court Justices Anne M. Burke and Mary Jane Theis will preside over and administer the attorney's oath at bar admission ceremonies in the First Judicial District on November 6.

A group of 1,489 will be admitted in the First Judicial District during two ceremonies Thursday, both being held at the Arie Crown Theater, 2301 Lake Shore Drive. The first ceremony will begin at 9:45 a.m.; the second ceremony will start at 12:45 p.m.

The candidates being sworn in have passed the Illinois state bar examination and an ethics examination, and have been certified by the Supreme Court Committee on Character and Fitness.

Justice Burke will preside and administer the attorney's oath during the morning ceremony. Guests for the 9:45 a.m. ceremony include: James R. Carroll, of the Illinois Board of Admissions to the Bar; Celestia L. Mays, president of the Cook County Bar Association; and Spiridoula Mavrothalastis, president of the Hispanic Lawyers Association. Attorney Bruce M. Kohen of Highland Park will make the motion to admit the class.

Results from 1st Circuit judicial elections and retentions for the General Election on Tuesday, Nov. 4, 2014. All Cook County Judges were retained. John J. Mahoney won the 4th Subcircuit vacancy and James Paul Pieczonka won the 12th Subcircuit vacancy.

Here are the Supreme, Appellate and Circuit results for Tuesday's judicial elections for all circuits outside of Cook. Supreme Court Justice Lloyd Karmeier was retained with a 60.7% yes vote in his retention race, according to results in The Southern Illinoisan.

View the 1st District results

The Illinois JusticeCorps is an AmeriCorps program which places volunteers in courthouses to provide legal information and navigation to vulnerable and unrepresented members of our communities.

The Illinois JusticeCorps, as a result of ongoing statewide expansion, is recruiting Illinois JusticeCorps Fellows for new sites in Champaign, Galesburg, and Macomb. Each JusticeCorps Fellow commits to a year of service, and is responsible for taking a leadership role for the student JusticeCorps volunteers, as well as assist in coordinating the role of the JusticeCorps in their county. JusticeCorps Fellows are the daily face of the JusticeCorps in their courthouse, and provide leadership and guidance to the staff of student volunteers serving with them.

Fellows have traditionally been recent graduates, of undergrad or law school, looking for a way to spend a transition year doing community service while they work towards their next step in life. This, however, is not the only type of person who could be successful in the role of JusticeCorps Fellow. It could be a great position for a retired attorney looking to provide service but stay out of practice. It could be a person looking to start a second career, or even someone who wants to make the most out of retirement. One of the many exciting aspects of the Illinois JusticeCorps program is that people from all backgrounds and types of experience can bring great things to the program, and do great things for the legal community.

Illinois Supreme Court Chief Justice Rita B. Garman announced Friday the formation of a judicial screening committee for the Eleventh Judicial Circuit.

Chief Justice Garman established the screening committee to assess the qualifications of those persons who have applied for appointment to the at-large Circuit Court vacancy created by the announced retirement of Judge Elizabeth A. Robb on December 31, 2014. Under the Illinois Constitution, the Supreme Court holds the authority to fill interim judicial vacancies until the next General Election.