ISBA Ethics Opinions on Appearance of Impropriety | Illinois State Bar Association

Opinion 12-12 | Appearance of Impropriety | Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
Defending government entity in matter brought by law firm partner and availability of government entity's informed consent to allow representation in other matters

A lawyer may not continue to represent a school district against which the lawyer’s partner has initiated an adverse proceeding. Recusal from consideration of the partner’s adverse proceeding will not remove the conflict of interest. However, the school board may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest. The notion of avoiding the “appearance of impropriety” is no longer a standard of lawyer professional conduct in Illinois.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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