The Bar News

Bar News Sections

Ethics Question of the Week

  • March 19, 2015 | Practice News
    Ethics Question of the Week: What info can I reveal if I have to sue client?

    Q. If I’m forced to sue my client for a fee, can I disclose in pleadings or in open court the services I rendered to the client or is that breaching a confidence?

    A. Rule 1.6 provides broadly that a lawyer shall not reveal “information relating to the representation of a client.”   However, subpart (b)(5) of the Rule allows a lawyer to reveal such information “to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client.”  Comment [11] to the Rule notes “a lawyer entitled to a fee is permitted by (b)(5) to prove the services rendered in an action to collect it.” 

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

  • March 12, 2015 | Practice News
    Ethics Question of the Week: What can I say to media during trial?

    Q. I’m about to participate in a trial that may receive some publicity. Do any rules govern what I can and cannot say to the press?

  • February 25, 2015 | Practice News
    Ethics Question of the Week: What is my duty when client's desired action isn't in their best interest?

    Q. My client wishes to pursue a course of action that, although it is perfectly legal, may not be in their best interest. Do I have a duty to advise them of this?

    A. Rule 2.1 states: “In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.” Comment 5 to that rule goes further and states: “In general, a lawyer is not expected to give advice until asked by the client.  However, when a lawyer knows that a client proposes a course of action that is likely to result in substantial adverse legal consequences to the client, the lawyer’s duty to the client under Rule 1.4 may require that the lawyer offer advice if the client’s course of action is related to the representation. A lawyer ordinarily has no duty to initiate investigation of a client’s affairs or to give advice that the client has indicated is unwanted, but a lawyer may initiate advice to a client when doing so appears to be in the client’s interest.”

    1 comment (Most recent February 26, 2015)
  • February 18, 2015 | Practice News
    Ethics Question of the Week: Can "Of Counsel" lawyer appear in firm's title?

    Q. Can a lawyer who is “of counsel” to a firm continue to have her name appear in the firm’s title? 

    A. Illinois Rule of Professional Conduct 7.5 governs firm names and letterhead and generally provides that they cannot be false or misleading to the public. ISBA Professional Conduct Advisory Opinion 03-02 interprets RPC 7.5 as allowing the names of “of counsel” firm members to be in the firm title (but also provides that their official status must be identified on other firm communications, such as stationery, to avoid misleading the public). 

    2 comments (Most recent February 23, 2015)
  • February 12, 2015 | Practice News
    Ethics Question of the Week: Think someone in firm is filing frivolous suit? Remember Abe

    Q.  I have reason to believe that another lawyer in my firm is filing a frivolous lawsuit. Do I have an obligation to do anything?

    A. Rule 5.1(a) states that “a partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rule of Professional Conduct.” It might also be important to remember the words of Abraham Lincoln when his law partner filed a plea that was not factually accurate: “Hadn’t we better withdraw that plea? You know it’s a sham, and a sham is very often but another name for a lie. Don’t let it go on record. The cursed thing may come staring us in the face long after the suit has been forgotten.”

  • February 5, 2015 | Practice News
    Ethics Question of the Week: What can I do if client says they are going to harm opposing party?

    Q. My client recently informed me that they would harm the opposing party if they had the opportunity. Do I have any duty to inform anyone of this?

    1 comment (Most recent February 5, 2015)
  • January 28, 2015 | Practice News
    Ethics Question of the Week: Can a lawyer avoid discipline by changing registration status?

    Q. Can a lawyer avoid disciplinary proceedings by changing his or her registration status to inactive or retired?

    A. Supreme Court Rule 756(i) provides that changing registration status will have no effect on disciplinary proceedings.  However, in some cases and with the consent of the ARDC, a lawyer facing certain disciplinary charges can seek to be placed on “permanent retired status” under Supreme Court Rule 756(a)(8) resulting in the closure of any pending disciplinary investigation or dismissal of any pending disciplinary proceeding.  

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

  • January 22, 2015 | Practice News
    Ethics Question of the Week: Can I wear a shirt with my firm’s logo during a TV appearance?

    Q.  May I wear a shirt with my firm’s logo on it during a television appearance?

  • January 15, 2015 | Practice News
    Ethics Question of the Week: Can I give media interviews on cases I'm not involved in?

    Q.  Although I’m not involved in it in any way, a local news media outlet wants to interview me on air about a very contentious case in my community. Can I?

  • December 18, 2014 | Practice News
    Ethics Question of the Week: What should I do if supervising attorney assigns task that may violate conduct rules?

    Q. What should I do if believe my supervising attorney has given me a task that I think violates the Illinois Rules of Professional Conduct?

    A. Rule 5.2(a) states that “a lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.” However, the comments to that rule provide some limited protection for a subordinate lawyer in certain circumstances such as when the subordinate attorney files a frivolous motion at the request of a supervising attorney or the “lawyer is acting in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.” For more information, see IRPC 5.2.

    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.]