ISBA Ethics Opinions on Communication with Unrepresented Person

Opinion 14-02 | Communication with Unrepresented Person | Plea Agreements | Prosecutors
Tendering plea agreements to unrepresented defendants
Opinion 09-01 | Communication with Corporate Employees | Communication with Represented Person | Communication with Unrepresented Person
Communications with current and former corporate constituents

A lawyer may communicate with a current constituent of a represented organization about the subject-matter of the representation without the consent of the organization’s counsel only when the constituent does not (i) supervise, direct or regularly consult with the organization’s lawyer concerning the matter; (ii) have authority to obligate the organization with respect to the matter; or (iii) have acts or omissions in connection with the matter that may be imputed to the organization for purposes of civil or criminal liability. Consent of the organization’s lawyer is not required for
Opinion 04-03 | Arbitration and Mediation | Communication with Unrepresented Person | Scope of Representation
Mediator preparing post-mediation divorce documents for unrepresented spouse to file pro se

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.
Opinion 99-07 | Communication with Unrepresented Person
Lawyer for lender compensated by borrower
Opinion 98-06 | Communication with Unrepresented Person | Conflict of Interest - Litigation Matters
Representing one spouse in divorce and both spouses in bankruptcy
Opinion 93-14 | Communication with Unrepresented Person
Contact with opposing party insured while insured assisted by insurance company adjuster but not an attorney
Opinion 88-03 | Communication with Unrepresented Person
Lawyer for spouse in dissolution matter rendering advice to unrepresented spouse
Opinion 86-11 | Communication with Unrepresented Person
Lawyer representing spouse drafts appearance form for unrepresented spouse

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.