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Opinion 13-03 |
Arbitration and Mediation | Unauthorized Practice of Law
A nonlawyer’s representation of parties to a FINRA arbitration generally constitutes the unauthorized practice of law.
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Opinion 13-02 |
Arbitration and Mediation | Conflict of Interest | Multiple Representation
Representing business parters in same partnership adverse to each other in an arbitration proceeding
A lawyer ordinarily represents a partnership as an entity for conflicts of interest purposes. Where a lawyer has represented a partnership and all individual partners in various matters in a common representation, and one partner subsequently files an arbitration matter against another partner, whether the lawyer may represent the defending partner with informed consent will depend on the circumstances. Similarly, whether the lawyer can continue to represent the partnership or any of the partners in other matters with informed consent will depend on the circumstances.
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Opinion 12-17 |
Advertising and Solicitation | Arbitration and Mediation | Multijurisdictional Practice | Unauthorized Practice of Law
Representation of a party in a grievance arbitration in Illinois may be considered the practice of law, however, a lawyer licensed in another state may serve as representative of a party at a grievance arbitration without being admitted to practice in Illinois so long as the representation is in accordance with Illinois Rules of professional Conduct RPC 5.5(b) and (c). With regard to advertising, nothing in the Rules specifically authorizes lawyers admitted in jurisdictions other than Illinois to advertise in Illinois, therefore, whether and how lawyers may communicate the availability of their services to prospective clients in this jurisdiction is governed by Rules 7.1 to 7.5.
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Opinion 11-01 |
Arbitration and Mediation | Reporting Lawyer Misconduct
When a lawyer-mediator learns that a lawyer representing a party in a mediation has violated Rule 8.4(c), the lawyer-mediator has an obligation to report that lawyer’s misconduct. Provisions in the Uniform Mediation Act or the Not-For-Profit Mediation Center Act generally do not prevent such disclosure.
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Opinion 04-03 |
Arbitration and Mediation | Communication With Unrepresented Person | Scope of Representation
A lawyer who mediated a divorce settlement between unrepresented husband and wife may not prepare a proposed judgment of dissolution of marriage, a marriage separation agreement and joint parenting agreement for husband and wife and allow husband and wife to file said documents as pro se litigants.
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Opinion 01-05 |
Arbitration and Mediation | Division of Fees | Referral Fees and Arrangements
It is professionally improper for a lawyer providing mediation services in a "mediation firm" comprised entirely of lawyers to participate in an arrangement with nonlawyers whereby the "mediation firm" obtains referrals in return for the payment of fees by the "mediation firm" to the nonlawyers.
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Opinion 92-05 |
Arbitration and Mediation | Dual Professions
There is no prohibition against lawyer engaging in divorce mediation business with a non-lawyer and operating the business from the law office where lawyer does not represent either party in the underlying divorce