ISBA Ethics Opinions on Confidentiality | Illinois State Bar Association

Opinion 21-02 | Confidentiality
Lawyer's disclosure of client estate planning documents after client's death

The Illinois Rules of Professional Conduct allow a lawyer to provide the executor and trustee named in a deceased client’s estate planning documents with the final executed copies of those documents and whatever portions of the estate planning file may be helpful to the named fiduciary to carry out the deceased client’s intent expressed in those documents.
Opinion 20-05 | Client Fraud | Confidentiality | Withdrawal from Representation
Obligations when lawyer learns of client fraud in nonlitigation matter.
Opinion 20-02 | Confidentiality | Corporate and In-House Counsel
Duties of in-house lawyer when confronted with internal fraud or criminal conduct that could be imputed to the organization.

Rule 1.13 of the Illinois Rules of Professional Conduct governs when and whether an in-house lawyer is required to report possibly fraudulent conduct of the entity’s employees, officers, or other individuals to higher authorities within the organization and to others outside the organization. Even if such reporting is not required, an in-house lawyer may be permitted to disclose such information within the organization, subject to the lawyer’s obligations to maintain client confidences under IRPC 1.6 and 1.9.
Opinion 19-03 | Client Files | Client Funds and Property | Confidentiality
Requests to produce lawyer business records including client trust account information
Opinion 18-01 | Communication with Represented Person | Confidentiality | E-mail
Use of tracking software in emails or other electronic communications
Opinion 17-01 | Confidentiality | Impaired Client
Disclosure of client confidential information to prevent reasonably certain death or substantial bodily harm
Opinion 16-06 | Client Files | Confidentiality | Law Firms
Obligations when using cloud-based services
Opinion 12-16 | Confidentiality | Conflict of Interest
Participation in mentoring programs
Opinion 12-15 | Confidentiality
Use of listservs or online discussion groups
Opinion 12-10 | Confidentiality | Impaired Client | Withdrawal from Representation
Withdrawal from representation and disclosure to court of client's increasingly impaired mental capacity
Opinion 12-08 | Confidentiality | Government Lawyers
Duty to disclose confidential information provided by a client that might reveal possible child sexual abuse by a non-client
Opinion 12-03 | Advertising and Solicitation | Confidentiality | Referral Fees and Arrangements
Lawyer's participation in networking group with nonlawyer professionals
Opinion 10-01 | Confidentiality
Law firm’s use of a third party technology vendor

A law firm’s utilization of an off-site network administrator to assist in the operation of its law practice will not violate the Illinois Rules of Professional Conduct regarding the confidentiality of client information if the law firm makes reasonable efforts to ensure the protection of confidential client information
Opinion 03-07 | Confidentiality | Nonlawyer Assistants
Use of Interpreters

The responsibilities of lawyers regarding nonlawyer assistants extends to interpreters who are employed or retained by, or associated with a lawyer for the purpose of communicating with hearing impaired clients.
Opinion 00-02 | Confidentiality | Fees Paid by Third Party | Impaired Client
Confidentiality of impaired client’s medical report
Opinion 98-04 | Communication with Client | Confidentiality | Inadvertent Receipt and Disclosure of Confidential Materials
Lawyer inadvertently receives confidential information from opposing party
Opinion 97-01 | Confidentiality | Referral Fees and Arrangements
Disclosing client identity
Opinion 96-10 | Advertising and Solicitation | Confidentiality | E-mail
Use of e-mail, Lawyer Websites
Opinion 94-10 | Confidentiality | Fees and Expenses
Disclosure of confidential client information to collect fee or defend against wrongful conduct
Opinion 93-04 | Confidentiality
Disclosure of client billing records to firm’s financial institution
Opinion 93-16 | Client Fraud | Confidentiality
Lawyer knowledge of past tax violations
Opinion 92-12 | Confidentiality | Impaired Lawyer | Reporting Lawyer Misconduct
Duty to report age impaired incompetent lawyer
Opinion 91-24 | Confidentiality | Court Obligations | Guardians and Guardianship
Duty to disclose theft of estate assets by guardian
Opinion 90-27 | Confidentiality
Duties of public defenders to inform clients of unrelated investigations
Opinion 89-13 | Confidentiality | Court Obligations | Deceased or Missing Clients
Disclosure to Court that client is no longer in contact with lawyer
Opinion 88-13 | Client Funds and Property | Confidentiality | Court Obligations
Lawyer advised, or in possession, of client incriminating physical evidence by third person.
Opinion 88-07 | Confidentiality | Former Client
Lawyer representing interests adverse to former client and using confidential, but public, information
Opinion 87-15 | Client Fraud | Confidentiality
Duty to report client’s spouse apparent IRS fraud
Opinion 84-02 | Confidentiality | Court Obligations
Lawyer advising court of knowledge of privileged information affecting guilt/innocence of 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.