ISBA Ethics Opinions on Conflict of Interest | Illinois State Bar Association

Opinion 23-03 | Business Transactions with Clients | Conflict of Interest | Referral Fees and Arrangements
Lawyer receiving fee for referring client to investment advisor

A lawyer who receives compensation in exchange for the referral of clients to an investment advisor has a conflict of interest and is involved in a business transaction with a client. Whether a lawyer can engage in such a transaction must be analyzed on a case-by-case basis.
Opinion 21-03 | Conflict of Interest
Firm representing employees of corporate entity in immigration matters at corporate entity's request while suing same corporate entity in unrelated matter

A law firm seeking to represent the employees of an adverse corporate entity in matters unrelated to the current dispute may do so, but only if the firm determines it can comply with Rule 1.7 and the appropriate parties provide informed consent.
Opinion 21-01 | Conflict of Interest
Lawyer representing surviving spouse as both estate administrator and renouncing spouse

A concurrent conflict of interests exists if a lawyer represents the surviving spouse as the administrator of his deceased spouse’s testate estate and also represents the surviving spouse in renouncing the will and in seeking a spousal award.
Opinion 18-02 | Conflict of Interest | Imputed Disqualification | Screening
Availability of screening to insulate existing members of a firm from other firm members potential conflicts
Opinion 17-04 | Conflict of Interest | Conflict of Interest - Transactional Matters
Representing buyer and seller in real estate transaction
Opinion 17-03 | Conflict of Interest | Conflict of Interest - Transactional Matters
Lawyer representing husband and wife in short sale while representing husband in contemplated divorce
Opinion 16-05 | Conflict of Interest | Government Representation | Nonlawyer Assistants
Member of city council employed by law firm as paralegal
Opinion 16-04 | Conflict of Interest | Division of Fees | Fees and Expenses | Of Counsel Designation
Applicability of fee division and conflict of interest rules in of counsel relationship
Opinion 16-03 | Conflict of Interest | Former Client
Seeking child support from the same father on behalf of multiple clients
Opinion 14-05 | Conflict of Interest | Conflict of Interest - Personal Interests | Government Representation | Prosecutors
State's Attorney representing county in labor negotiaitons with county law enforcement personnel
Opinion 14-03 | Conflict of Interest | Corporate and In-House Counsel | Professional Independence of Lawyer | Sharing Fees with Nonlawyers | Unauthorized Practice of Law
In-house corporate lawyer may not provide legal services to the corporate employer's customers
Opinion 13-07 | Conflict of Interest | Government Representation | Prosecutors
Lawyer serving as both a municipal prosecutor and administrative hearing officer for the same municipality
Opinion 13-04 | Business Transactions with Clients | Conflict of Interest | Government Lawyers
Lawyer owner and officer of financial institution serving as counsel to municipality which does business with financial institution
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
Opinion 12-18 | Conflict of Interest | Prospective Clients
Taint Shopping
Opinion 12-16 | Confidentiality | Conflict of Interest
Participation in mentoring programs
Opinion 12-05 | Conflict of Interest | Prospective Clients
Duties owed to prospective client when considering representing a different individual in the same matter
Opinion 11-02 | Conflict of Interest | Restrictions on a Lawyer’s Practice
Agreement limiting lawyer's subsequent use of third party consultant's ideas and advice
Opinion 09-02 | Conflict of Interest | Imputed Disqualification | Multiple Representation
Concurrent representation of physician and co-defendant hospital in unrelated matters
Opinion 07-01 | Conflict of Interest | Government Representation
Concurrent representation of private parties against government entities and as counsel for other government entities in unrelated matters

Because state government is not one entity composed of all departments under the jurisdiction of the Governor for purposes of resolving conflict of interest questions, a lawyer may represent one state government agency while representing a private party adverse to another state government agency.
Opinion 02-01 | Board of Directors | Conflict of Interest
Lawyer serving on Board of Directors of insurance reinsurer and representing its customers

Absent disclosure and consent, a lawyer cannot represent an insurer with regard to a claim where the insurer’s interests are inconsistent with those of a reinsurer on whose Board the lawyer sits.
Opinion 01-07 | Conflict of Interest
Lawyers in same firm representing distinct local units of government
Opinion 99-01 | Conflict of Interest
Concurrent representation of clients with divergent interests in different, but related, matters
Opinion 98-03 | Business Transactions with Clients | Conflict of Interest | Dual Professions
Lawyer paid fees for making referrals between inventor clients and product promoter clients
Opinion 95-05 | Conflict of Interest | Government Representation | Imputed Disqualification
Lawyer representing municipality in various defense matters may bring unrelated claim against municipal agency only with consent of both clients
Opinion 95-03 | Advertising and Solicitation | Conflict of Interest | Guardians and Guardianship
Court appointed guardian ad litem for minor may represent that minor in personal injury litigation arising out of matter in which attorney acted as guardian ad litem
Opinion 94-21 | Conflict of Interest | Government Lawyers | Government Representation
Representation of client adverse to current municipal client in different matters
Opinion 93-02 | Conflict of Interest
Lawyer garnishing bank account on behalf of creditor while representing bank in unrelated matters
Opinion 93-08 | Conflict of Interest | Prosecutors
Prosecutor leases office space to lawyers who may represent clients adverse to prosecutor
Opinion 92-18 | Conflict of Interest | Lawyer Representing Lawyer | Prosecutors
Representation of prosecutors in civil matter unrelated to their office while opposing them on behalf of criminal defendants
Opinion 91-08 | Conflict of Interest | Fees Paid by Third Party
Representation of mother and minor daughter in paternity action
Opinion 91-01 | Conflict of Interest | Prosecutors
Part-time public defender prosecuting appeals on behalf of State Appellate Prosecutors Office in unrelated matters
Opinion 91-28 | Conflict of Interest | Fees Paid by Third Party
Duties of lawyer to client and third party who benefits and may also pay lawyer fees
Opinion 91-17 | Conflict of Interest
Public defenders with shared common office and support staff representing adverse interests in single proceeding
Opinion 90-34 | Conflict of Interest | Government Representation
Law firm representing municipality and criminal defendants charged in municipality
Opinion 90-30 | Conflict of Interest
Continued representation of client where opposing lawyer threatens civil prosecution against lawyer for actions arising out of representation
Opinion 90-26 | Conflict of Interest | Fees and Expenses | Withdrawal from Representation
Entitlement to fee upon determination of conflict and subsequent withdrawal
Opinion 89-11 | Conflict of Interest | Disciplinary Proceedings | Withdrawal from Representation
Continuing representation after client files disciplinary charge against lawyer
Opinion 89-18 | Conflict of Interest
Lawyer employed by university representing terminated university employee in criminal matter unrelated to employment
Opinion 89-15 | Conflict of Interest | Government Representation
Participation of city attorney in ordinance adoption proceeding where city attorney will personally benefit
Opinion 88-16 | Conflict of Interest
Lawyer employed by student funded university student legal services representing individual students against other students
Opinion 88-05 | Board of Directors | Conflict of Interest
Lawyer on board of directors of financial institution representing competing institutions in unrelated matters
Opinion 87-04 | Conflict of Interest | Government Representation
Part-time county public defender representing civil client adverse to county
Opinion 86-17 | Conflict of Interest | Former Client
Lawyers obligations to a client are not transferred to another when client transfers interest in the subject matter of the representation
Opinion 86-12 | Conflict of Interest
Lawyer representing police officer in disciplinary matter and criminal defendants in same jurisdiction
Opinion 86-07 | Conflict of Interest
Confession of judgments
Opinion 85-14 | Conflict of Interest | Nonlawyer Assistants
Part-time public defenders sharing office space and secretary
Opinion 870 | Conflict of Interest
Representation of client when lawyer has financial interest in client’s competitor
Opinion 851 | Conflict of Interest
Lawyer representing corporation in bankruptcy and workers compensation claimant against corporation
Opinion 829 | Conflict of Interest
Law firm representing sole shareholder of corporation and plaintiff against corporation
Opinion 698 | Conflict of Interest
Public defenders from same office represented co-defendants

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.