ISBA Ethics Opinions on Prosecutors | Illinois State Bar Association

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 14-02 | Communication with Unrepresented Person | Plea Agreements | Prosecutors
Tendering plea agreements to unrepresented defendants
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 03-06 | Contingent Fees | Division of Fees | Prosecutors
Fee sharing upon partner becoming government prosecutor

Law firm can properly pay former partner share of contingent fee earned after partner left firm to become State’s Attorney as long as payment is part of separation agreement under Rule 1.5(j) and payment does not violate public policy concerns; former partner’s disqualification from private practice as State’s Attorney does not bar payment to former partner of share of fee earned by firm after partner withdrew when paid as part of separation agreement; former partner sharing fee under Rule 1.5(j) need not retain responsibility for matter, share fee proportionally to service performed,
Opinion 94-16 | Government Representation | Prosecutors
Concurrent representation of civil and criminal defendants while acting as special prosecutor in same jurisdiction
Opinion 93-12 | Ex Parte Communications | Prosecutors
Ex parte communication to obtain emergency relief
Opinion 93-08 | Conflict of Interest | Prosecutors
Prosecutor leases office space to lawyers who may represent clients adverse to prosecutor
Opinion 92-19 | Prosecutors
Representation of defendant in civil litigation after prosecution of same defendant in same or related matter
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 91-01 | Conflict of Interest | Prosecutors
Part-time public defender prosecuting appeals on behalf of State Appellate Prosecutors Office in unrelated matters
Opinion 91-27 | Board of Directors | Law Reform Activities | Prosecutors
Lawyer non-profit organization board member support of legislative initiative adverse to client
Opinion 91-22 | Prosecutors
Part-time county prosecutor representing criminal defendants in adjacent counties
Opinion 90-29 | Prosecutors
Part-time county prosecutor representing prisoners in civil rights cases against law enforcement officers in adjacent counties
Opinion 89-04 | Communication with Represented Person | Prosecutors
Prosecutor’s communication with, and initiated by, defendant without consent of defendants lawyer
Opinion 89-02 | Prosecutors | Referral Fees and Arrangements
Prosecutor’s acceptance of referral fee for violation of county ordinance
Opinion 88-10 | Communication with Represented Person | Prosecutors
State’s Attorney communication with represented defendant
Opinion 86-04 | Government Representation | Prosecutors
Lawyers within same firm acting as criminal defense counsel and part-time county prosecutors in unrelated matters
Opinion 86-02 | Prosecutors
Part-time prosecutor primarily in civil matters representing criminal defendants in adjacent counties
Opinion 871 | Prosecutors
County prosecutor responsible for family court matters representing private clients in same county
Opinion 84-05 | Government Representation | Imputed Disqualification | Prosecutors
Representation of client in personal injury matter by firm that includes former county prosecutors of same client arising out of same facts
Opinion 852 | Government Representation | Prosecutors
Part-time municipal prosecutor representing criminal defendants in same county
Opinion 789 | Prosecutors
Part-time prosecutor representing clients in matters before county board
Opinion 729 | Imputed Disqualification | Prosecutors
Partner of part-time county prosecutor in civil matter representing criminal defendant

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.