ISBA General Counsel Charles Northrup on the New Rules for Lawyers
Illinois State Bar Association General Counsel Charles Northrup highlights two of what he thinks are the most important changes from today's Illinois Supreme Court adoption of the New Rules of Professional Conduct for Lawyers:
- "One of the most significant, if not the most significant, aspect of the adopted Rules is that they contain official comments. The comments give attorneys a readily accessible interpretation and explanation of the intent of the Rules. It will be an additional and important guide for lawyers when they are determining what their ethical obligations are."
- "Another important aspect of the new Rules is the treatment of the Dowling case and the issue of flat or fixed fees. Many practioners were concerned about the treatment of these types of fees under Dowling and whether they fell within the definition of 'advanced payment retainers.' The new Rules clarify that flat or fixed fees are not advanced payment retainers, a position that was advocated by the ISBA."