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Ethics Question of the Week

  • 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 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 26, 2014 | Practice News
    Ethics Question of the Week: Do I have an obligation to report lawyer misconduct when acting as a mediator?

    Q. While acting as a mediator, I know that a lawyer appearing before me has committed acts of misrepresentation. Do I have to report that misconduct?

    A. Illinois Rule of Professional Conduct 8.3(a) states that “(a) lawyer who knows that another lawyer has committed a violation of Rule 8.4(b) or Rule 8.4(c) shall inform the appropriate professional authority.”  Rule 8.4(c) makes engaging in misrepresentation a violation of the Rules. ISBA Advisory Opinion 11-01 further explores this issue and concludes that nothing about a mediator’s role, and particularly the absence of any attorney-client privilege between the mediator and any party, extinguishes a reporting obligation.

    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.    

    2 comments (Most recent March 28, 2014)
  • 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 12, 2014 | Practice News
    Ethics Question of the Week: What ethical issues can arise from using a listserve?

    Q. I am a solo practitioner who sometimes uses a legal listserve to ask questions about cases. What ethical issues may arise when I use a listserve?

    A. Rule 1.6(a) states that “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b) or required by paragraph (c).” ISBA Professional Conduct Advisory Opinion 12-15 (as well as ABA Formal Ethics Opinion 98-411) discusses the use of listservs as a tool to further client interests as long as precautions are met (such as using hypothetical or abstract situations) to protect client confidentiality and identity and to recognize and guard against potential misuse by others.

    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 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