ISBA Development Site
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Opinion 24-01 |
Court Obligations | Scope of Representation
An Illinois lawyer acting as local counsel for an out-of-state lawyer shares the same duties to the client as the lawyer acting as lead counsel. While local counsel and the client may agree to limit the role of local counsel upon informed consent, that lawyer remains subject to the Illinois Rules of Professional Conduct. A lawyer may only enter a general appearance in an Illinois state court criminal matter and is subject to the rules and orders of the court, including any orders requiring local counsel’s appearance at any or all court proceedings.
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Opinion 16-02 |
Court Obligations | Frivolous Arguments | Reporting Lawyer Misconduct
A lawyer may not withhold controlling legal authority from a tribunal as a trial strategy to insure reversible error on appeal. Lawyers reading about the contemplated strategy on an online discussion group have no duty to report the posting lawyer.
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Opinion 13-05 |
Client Fraud | Court Obligations | Withdrawal from Representation
When a lawyer discovers that his or her client in an administrative hearing has previously submitted false material evidence to the tribunal, the lawyer must attempt to persuade the client to correct or withdraw the false evidence, but if that fails and if the effect of the false evidence cannot otherwise be undone, the lawyer must disclose the false evidence.
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Opinion 13-01 |
Court Obligations | Fees and Expenses
It is not ethically permissible for a lawyer for a representative of a decedent’s estate to enter into a fee agreement, or to collect a fee, for an amount in excess of the amount of fees allowed by a probate court as reasonable.
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Opinion 12-07 |
Court Obligations
Attorney does not have an obligation under R.P.C. Rule 3.3 to tell the court that the unrepresented adversary has a defense based on a written agreement that the attorney’s client signed with the adversary and which the attorney now believes in good faith is unenforceable.
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Opinion 95-14 |
Client Fraud | Court Obligations
Under facts presented by inquiry, lawyer may disclose to court client's fraud upon the court if lawyer's efforts to persuade client to rectify fraud fail.
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Opinion 91-24 |
Confidentiality | Court Obligations | Guardians and Guardianship
Attorney for disabled adult's estate should report the taking of money from the estate by a guardian to the probate court even though taken under a claim of right by the guardian where the attorney did not represent the guardian personally in connection with the estate.
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Opinion 89-13 |
Confidentiality | Court Obligations | Deceased or Missing Clients
A defense attorney whose client has disappeared may reveal such confidences or secrets upon requesting a continuance at a status call if required by court order or law to do so, but such attorney may not give a false reason for requesting a continuance.
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Opinion 88-13 |
Client Funds and Property | Confidentiality | Court Obligations
Lawyer has no duty to reveal secret but not privileged information that is incriminating to his client; a lawyer is under no obligation to take possession of physical evidence offered to him by third party; if lawyer takes possession of inculpatory physical evidence from third party he may have to turn it over to the state if it will otherwise likely be destroyed or is contraband or will cause serious injury.
- Opinion 86-10 | Court Obligations | Frivolous Arguments
- Opinion 85-06 | Court Obligations | Scope of Representation
- Opinion 84-02 | Confidentiality | Court Obligations