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Ethics

  • April 23, 2014 | Practice News
    Ethics Question of the Week: Can I participate in an Ask A Lawyer Day event?

    Q. Can I participate in a one day non-profit organization sponsored “ask a lawyer” type event?

    A. Illinois Rule of Professional Conduct 6.5 allows lawyers to for participate in certain programs under the auspices of a nonprofit organization or court.  Comment [1] to that rule elaborates further by stating that when participating in a program such as a “legal advice hotline” or “pro se counseling program,” “a client-lawyer relationship is established, but there is no expectation that the lawyer’s representation of the client will continue beyond the limited consultation.”  For more information about these events, consult Rule 6.5.

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

  • April 16, 2014 | Practice News
    Ethics Question of the Week: Can I share a firm name with lawyer I'm sharing space with?

    Q. I want to share office expenses and space with two other lawyers, but we won’t be partners. Can we call ourselves the “X, Y, and Z” law firm? 

    A. Illinois Rule of Professional Conduct 7.5(d) provides that lawyers may only state or imply they practice in a partnership or other organization when that is the fact. Comment [2] to that Rule goes to say that “lawyers sharing office facilities, but who are not in fact associated with each other in a law firm, may not denominate themselves as, for example, “Smith and Jones,” for that title suggests that they are practicing law together in a firm. See also, ISBA Professional Conduct Advisory Opinion 03-02.

    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.

  • April 14, 2014 | CLE
    CLE: New Considerations in Corporate Legal Ethics

    Enhance your understanding of the issues surrounding corporate ethics! Understanding the issues surrounding corporate ethics is vital in today’s climate. This half-day seminar in Normal, Illinois on April 25th offers you the updates you need regarding recent developments in corporate law ethics. The program is designed for a diverse audience with intermediate levels of practice experience, including in-house lawyers, corporate attorneys, and private practitioners. Attorneys attending this seminar will better understand: the ethical considerations for practitioners representing corporate clients; understanding the scope of permissible advice and licensure/practice restrictions in a multijurisdictional practice; the recent developments and future trends in professional responsibility; incorporating the Illinois Rules of Professional Conduct into the in-house counsel’s practice; and the ethical considerations for employers regarding the Affordable Care Act requirements and penalties.

    The program is presented by the ISBA Corporate Law Departments Section and qualifies for 4.0 hours MCLE credit, including 4.0 hours Professional Responsibility MCLE credit (subject to approval).

    Click here for more information and to register.

  • April 8, 2014 | Practice News
    Ethics Question of the Week: Can I represent client if I've met with opposing party in same matter?

    Q. Can I represent a client in a matter after I first met with the opposing party about representing her in the same matter but was not hired?

    A. Illinois Rule of Professional Conduct 1.18(c) prohibits a lawyer from representing a client with interests materially adverse to a prospective client in the same or a substantially related matter if the lawyer received information that could be significantly harmful to that person in that matter unless the conditions of 1.18(d) are met. This rule only applies to individuals who are genuinely seeking legal representation, not those who may be attempting to disqualify a lawyer. For a further discussion of this issue, see ISBA Professional Advisory Opinion 12-18.

    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.

    1 comment (Most recent April 10, 2014)
  • April 2, 2014 | Practice News
    Ethics Question of the Week: Can I get rid of old files when moving offices?

    Q. I’m moving offices and would like to get rid of a bunch of old financial records and billing sheets. Can I?

    A. Supreme Court Rule 769 requires that it is the duty of every lawyer to maintain for a minimum of seven years originals, copies, or computer generated images of: all financial records related to an attorney’s practice including bank statements, time and billing records, checks, check stubs, journals, ledgers, audits, financial statements, tax returns and tax reports. See also ISBA Professional Conduct Advisory Opinion 12-06. That Opinion presents a number of other considerations that might suggest keeping records even longer than seven years.

    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.

  • March 20, 2014 | Practice News
    Ethics Question of the Week: Hiring suspended or disbarred lawyers for client intake

    Q. Can I hire a suspended or disbarred lawyer to do simple client intake forms in my office under my supervision?

    A. In In re Discipio, 163 Ill.Dec. 515, 645 N.E.2d 906 (1994), an Illinois lawyer was found to have violated the ethical prohibition on aiding the unauthorized practice of law for hiring a disbarred lawyer to gather information from clients and complete forms on their behalf. The applicable RPC is 5.5(a), which provides that “a lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.”

    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.

    1 comment (Most recent March 21, 2014)
  • March 5, 2014 | Practice News
    Ethics Question of the Week: Can I represent a client in a field of law I'm not familiar with?

    Q. A client has asked me to handle her divorce, but I’ve never done one. Can I ethically represent her?

    A. Lawyer competence to handle any given matter is addressed in RPC 1.1. Comment [2] provides that “a lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar” and that “a lawyer can provide adequate representation in a wholly novel field through necessary study.” In addition, Comment [4] says that “a lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation.”  A novice lawyer could also associate with a lawyer of “established competence” in the field at issue in order to competently represent the client.

    ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics

    3 comments (Most recent March 7, 2014)
  • February 26, 2014 | Practice News
    Ethics Question of the Week: What to do when client hires new lawyer

    Q.  My client recently informed me that he is hiring a different attorney. Do I have an obligation to return my files to him?

    A.  Rule 1.16(d), concerning “Declining or Terminating Representation,” states that a lawyer must take reasonable steps to avoid any unforeseeable prejudice to a client. This includes delivering to the client all papers and property to which the client is entitled.  In addition, ISBA Professional Conduct Advisory Opinions 94-13 and 94-14 discuss what papers a client is entitled to and who pays the expense for copies of files.  Comment [9] to Rule 1.15 provides that “the lawyer may retain papers as security for a fee only to the extent permitted by law.”  The applicability and effectiveness of Illinois’ common law retaining lien is discussed in In re Liquidation of Mile Square Health Plan of Illinois, 218 Ill.App.3d 674, 578 N.E.2d 1075 (1st Dist. 1991). 

    ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics

  • February 19, 2014 | Practice News
    Ethics Question of the Week: Advertising new law firm address

    Q. I want to send an email announcement of my new office address to all the businesses in my community. Do I need to include the words “Advertising Material” on the email?

    A. Rule 7.3, governing “Direct Contact with Prospective Clients,” includes a requirement to include the words “Advertising Material” on envelopes or recorded or electronic communications soliciting professional employment from a prospective client known to be in need of legal services in a particular matter. Comment [7] to that Rule provides that “General announcements by lawyers, including changes in personnel or office location, do not constitute communications soliciting professional employment from a client known to be in need of legal services within the meaning of this Rule.” See also ISBA Professional Conduct Advisory Opinion 12-04.

    ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics

  • November 4, 2013 | Practice News
    New ISBA ethics opinions address immigration practice by non-Illinois lawyers, other issues

    According to ISBA ethics advisory opinions approved last month, a lawyer may not serve as both a municipal prosecutor and administrative hearing officer for the same municipality, an out-of-state lawyer may practice immigration law in Illinois, and more. Here are digests with links to the full text of the four new opinions. 

    Opinion No 13-07. A lawyer may not serve concurrently as a municipal prosecutor and as an administrative hearing officer for that same municipality.

    Opinion No. 13-08. An out-of-state lawyer may practice immigration law in Illinois with the use of a properly supervised nonlawyer in Illinois who collects information to be used by the lawyer in filling out immigration forms.

    Opinion No. 13-09. Direct communications with a government representative regarding a tax assessment dispute in which the representative is represented by counsel are improper without counsel’s consent, subject to an exception for direct communications as are authorized by law.

    Opinion No. 13-10. Under those circumstances identified in Supreme Court Rule 415(c), a lawyer may not provide a copy of discovery materials to a defendant client but nevertheless has an ethical obligation under RPC 1.4 to discuss the content of those materials with the client.