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Ethics

  • March 9, 2016 | CLE
    CLE: Legal Issues Surrounding Social Media: Trademark, Employment Law, Trial Issues, and Ethics – LIVE WEBCAST

    Don’t miss this live webcast on March 24, 2016 that discussion on the legal issues surrounding social media, including common intellectual property, discovery, and ethical concerns that can arise from your client’s use of social media. Attorneys with basic practice experience who attend this live webcast will better understand: trademark issues and risks that clients face when using social media; how to respond to the unauthorized use of trademarks on social media; how to advise your business client on social media policies in the workplace; how the National Labor Relations Board treats social media discussions, especially between employees; how to identify and avoid ethical pitfalls that may arise when using social media in your practice, including issues with advertising and communication with court personnel, opposing parties, or potential clients; the evidentiary and practical issues encountered when using social media at trial; how the Cable Communications Act and Stored Communications Act have affected providers’ reluctance to turn over information and discovery obtain from social media accounts; and much more!

  • July 16, 2015 | Practice News
    Ethics Question of the Week: What should I do with unidentified funds in IOLTA account?

    Q. I have recently discovered some unidentified funds in my IOLTA account. What do I do with those?

  • July 9, 2015 | Practice News
    Ethics Question of the Week: Does family member affect attorney-client privilege?

    Q. I have a client who, because of a mental impairment, wishes to have a family member sit in on our discussions. Does this affect the attorney-client privilege?

  • June 30, 2015 | ISBA News | Practice News
    ISBA issues 2 ethics opinions

    The Illinois State Bar Association issued two ethics opinions June 30, 2015:

    • Ethics Opinion 15-01: An in-house lawyer, admitted to the bar of a state other than Illinois but with a permanent office in Illinois, may practice before the United States Patent and Trademark Office on behalf of his or her employer without a limited license under Illinois Supreme Court Rule 716. Such a lawyer’s practice is restricted to those activities that are authorized by 37 C.F.R. 11.5(b).
    • Ethics Opinion 15-02: A lawyer may deposit his own funds into a client trust account to pay bank service charges on that account, and should pay himself back such funds when they are no longer necessary for that purpose. Unidentified funds contained in a client trust account must, after one (1) year from the discovery of the unidentified funds, be remitted to the Lawyers Trust Fund of Illinois. Unclaimed funds contained in a client trust account should, after five (5) years, be remitted to the State as abandoned property.

    View our full database of ethics questions on our ethics page at www.isba.org/ethics

  • June 25, 2015 | Practice News
    Ethics Question of the Week: Can I use a lien to secure my fees?

    Q. I know I can’t take a proprietary interest in the subject matter of litigation but does that prevent me from using a lien to secure my fees?

    A. IRPC 1.8(i)(1) states that a lawyer “shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: acquire a lien authorized by law to secure the lawyer’s fee or expenses.”  Comment [16] to that rule reminds a lawyer to check which liens are authorized by law in their jurisdiction. 

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

    [Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]

  • June 9, 2015 | Practice News
    Ethics Question of the Week: Were there ethics standards when the Magna Carta was written?

    Q. As we zero in on the 800th Anniversary of Magna Carta, were there professional ethics standards for lawyers at that time?

  • June 4, 2015 | Practice News
    Ethics Question of the Week: Do I need to formally notify client to end attorney-client relationship?

    Q.  In the past I represented a client on a number of different matters. I never sent a formal letter ending the attorney-client relationship. Am I still the client’s attorney?

  • May 15, 2015 | CLE
    CLE: The Ethical Adventures of Sam Seedy

    Eek! It has happened again. Attorney Sam Seedy has lost his copy of the Rules of Professional Conduct while engaging in all types of social media activity – both in his personal and professional life – and needs help! Join us in Chicago on May 28, 2015 for a series of skits performed by high-energy and talented actors as they transport us to the fictional town of Nirvana City and showcase Sam’s ethical breaches. James Grogan, a renowned ethics expert, shows how the exercise of professional and moral judgment is well-guided by the basic principles underlying the Illinois Rules of Professional Conduct – which could’ve saved Sam from a wealth of ethical trouble!

    The program is presented by the ISBA Energy, Utilities, Telecommunications, and Transportation Section and co-sponsored by Chicago Bar Association Committee on Energy, Telecommunications, and Water. It qualifies for 2.25 hours MCLE credit, including 2.25 hours Professional Responsibility MCLE credit (subject to approval).

    Click here for more information and to register.

  • May 13, 2015 | Practice News
    Ethics Question of the Week: Do I have to notify opposing party when I receive documents inadvertently?

    Q. Do I have a duty to notify the opposing party when I receive documents that were inadvertently sent to me in discovery?

    A. IRPC 4.4(b) states that a “lawyer who receives a document relating to the representation of the lawyer’s client and knows that the document was inadvertently sent shall promptly notify the sender.”  Comment [2] to that rule says any additional steps, such as returning the original document, are beyond the scope of these Rules. 

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

    [Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]

  • May 7, 2015 | CLE
    Free CLE webcast: 15 Tips for an Ethical Law Practice

    You are invited to attend ISBA’s upcoming Free Live CLE Webcast as part of our Member Appreciation Month.

    Seating is limited so register today!

    Learn how to evaluate and address risk in your law practice with this one-hour live webcast!

    Join us as legal ethics lawyer, litigator and law firm practice professor, Michael Downey, shows you 15 areas of your practice that are in need of immediate assessment, including employee engagement and compensation, client intake, client communication, handling of client funds and property, marketing your practice and developing new business, dealing with unhappy and dangerous clients – and much more!

    Michael Downey of the Downey Law Group, LLC has represented lawyers on disciplinary and malpractice matters in Missouri and Illinois, and has taught legal ethics and law firm practice to thousands of lawyers, as well as to law students as an adjunct professor at both Washington University and St. Louis University.

    The program closes as a representative from ISBA Mutual Insurance Company provides a brief overview of the claims process and answers your questions.

    *Professional Responsibility MCLE credit subject to approval

    PROGRAM SPEAKERS:

    Michael P. Downey, Downey Law Group LLC, St. Louis

    Representative, ISBA Mutual Insurance Company, Chicago