ISBA Ethics Opinions on Deceased or Missing Clients

Opinion 96-03 | Communication With Adverse Person | Deceased or Missing Clients
Disclosure of client’s death

A lawyer must make timely disclosure of a client's death in a pending personal injury matter. Where the lawyer represents a corporation in a claim against a third party, the deaths of principal officers or shareholders need not be disclosed unless the information is material to the matter.
Opinion 89-13 | Confidentiality | Court Obligations | Deceased or Missing Clients
Disclosure to Court that client is no longer in contact with lawyer

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.
Opinion 88-04 | Deceased or Missing Clients
Settling case and recovering fee in matter with missing client

Where client has disappeared or cannot be located it is improper for a lawyer to settle his case, sign a settlement draft, or deduct fee without authority from the client; power of attorney to settle in retainer agreement must be narrowly drawn.
Opinion 845 | Client Funds and Property | Deceased or Missing Clients
Holding funds of missing client

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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