Illinois State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Illinois State Bar Association, with full citations and source links on every page.
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Can a firm that defends a city in one case also sue that same city for a different client in an unrelated matter?
The opinion concluded it is not per se improper for a firm to sue a current client, including a public body, in an unrelated matter if both clients consent after full disclosure and a disinterested la…
Can my firm sue a city if one of my law partners works full-time as a police officer for that same city?
The opinion concluded that a firm should not represent a client in a claim against a municipality that employs one of the firm's partners as a full-time police officer, because the partner holds publi…
Can a lawyer who defends criminal and traffic clients also serve as a part-time special prosecutor for juvenile cases in the same county?
The opinion concluded the lawyer may accept case-by-case appointment as a special prosecutor in juvenile matters, but only with full disclosure to and consent of any affected clients, and never in a c…
Can a lawyer who handled a client's divorce and real estate deals later represent that client's new spouse in a divorce against her?
The opinion concluded the lawyer had a conflict under Rule 1.9: because the prior divorce and real estate work for the former client was substantially related to the new divorce involving the same pro…
Can a law firm staff a for-profit car-phone legal-advice hotline run and advertised by a nonlawyer company?
The opinion concluded that a firm's participation in a for-profit cellular legal-advice hotline run by nonlawyers is professionally improper, because the promotion is misleading and omits a responsibl…
Can a lawyer who used to be the judge on a case advise the lawyers still litigating it, and does that disqualify their firm?
The opinion concluded that a former judge may not participate, even informally and without compensation, in a matter in which he was personally and substantially involved as a judge, and that a firm t…
Does a lawyer have to report another lawyer to disciplinary authorities for working a case despite a conflict of interest?
The opinion concluded that a conflict of interest does not normally rise to the level of misconduct that must be reported under Rules 8.3(a) and 8.4(a)(3)-(4); because the supervising lawyer's stock c…
Can a lawyer represent new clients in the same matter as a former client when the new clients' interests line up with the former client's?
The opinion concluded that representing a client in the same or a related matter as a former client is not improper under Rule 1.9 unless the clients' interests are materially adverse; where the forme…
Can one lawyer represent both the driver and a passenger of the same car in a crash case where fault is disputed?
The opinion concluded that representing both the driver and passenger of one vehicle in a contested-liability collision is a classic conflict of interest that an attorney should generally not undertak…
Can a State's Attorney keep a shared building investment with former partners who will appear against the office in criminal cases?
The opinion concluded a State's Attorney may keep a beneficial interest in a land trust that leases office space to former partners who become courtroom adversaries, provided each lawyer discloses the…
Can a lawyer try the case if the lawyer will also testify about a conversation with the opposing party?
The opinion concluded that a lawyer who knew well before filing suit that he would testify about his own conversation with the opposing party is likely disqualified as advocate under Rule 3.7, because…
Can a real estate lawyer also act as a title insurance agent and keep the title insurance commissions?
The opinion concluded a lawyer may provide legal services and also conduct title insurance business as an agent, and that Rules 1.5 and 5.4 do not govern the title insurance payments themselves, but t…
Can a collection lawyer garnish a bank's account for one client when the lawyer also represents that bank in other collection matters?
The opinion concluded that a collection lawyer who garnishes the account of a bank he also represents in unrelated matters has at most a potential conflict; he may proceed if he reasonably believes th…
Can a part-time prosecutor take private civil clients in matters that grow out of criminal cases he prosecuted?
The opinion concluded that it is improper for a part-time assistant state's attorney to simultaneously or later represent civil litigants in matters arising out of the same facts as criminal cases he …
If a firm represents prosecutors in a private civil case, can the firm's lawyers still defend criminal cases against those same prosecutors?
The opinion concluded that a firm representing prosecutors in an unrelated civil matter is not per se disqualified from opposing them in criminal cases; because criminal defense is not directly advers…
Can a lawyer who practices before the IRS give a tax agent's family discounted fees in exchange for the agent helping the lawyer's career?
The opinion concluded that a lawyer practicing before the IRS may not give reduced fees to an IRS agent's family in exchange for the agent furthering the lawyer's career, because the discount is a thi…
Can a lawyer steer a client to a finance company for a loan to pay the lawyer's fee, and discount the fee in return?
The opinion concluded that a lawyer may ethically help a client obtain a third-party loan to pay fees, because the loan runs between client and lender (not prohibited financial assistance under Rule 1…
Can a company recommend its own law firm to its employees and arrange a reduced hourly rate for them?
The opinion concluded that an arrangement in which the employer, not the lawyer, recommends the firm to employees at a guaranteed reduced rate conforms to the Rules, because no attorney solicitation i…
Can a lawyer serve as both general counsel and a board member of the same corporation when shareholders perceive a conflict?
The opinion concluded that a lawyer may serve as both general counsel and board member of a corporation, without violating Rule 1.7(b) or 1.8, where the lawyer fully discloses possible conflicts, the …
What does a lawyer hired by an insurer to defend the insured owe the insured when there is a coverage dispute under a reservation of rights?
The opinion concluded that a lawyer retained by an insurer to defend its insured owes the insured the same duties as if personally retained, including not disclosing to the insurer facts that could pr…
If a third party who benefits from legal work offers to pay the bill, does that make them the lawyer's client?
The opinion concluded that a third party who benefits from, and offers to pay for, legal services rendered for a client does not thereby become the lawyer's client or gain a confidential relationship;…
Can a government lawyer lead a nonprofit that lobbies the legislature for a law change the lawyer's official client opposes?
The opinion concluded that an assistant state's attorney who is president of a genealogical society may urge the legislature to amend a statute even though the county clerk his office represents oppos…
Can a lawyer who advises an insurer on coverage prosecute a subrogation claim against that insurer's policyholder for a different insurer?
The opinion concluded that a lawyer who represents an insurer on coverage questions may prosecute a subrogation claim against that insurer's policyholder on behalf of a different insurer only with the…
Must a lawyer report another lawyer who drafted a will leaving the estate to himself, if the lawyer learned it from a client confidence?
The opinion concluded that the lawyer need not report the other lawyer: information learned through a privileged client confidence is exempt from mandatory reporting, and on these facts the drafting a…
Can a part-time Assistant State's Attorney defend criminal cases in a neighboring county?
The opinion concluded that a part-time Assistant State's Attorney who prosecutes in one county may not represent criminal defendants in a contiguous county where a conflict exists, absent appropriate …
Can two assistant public defenders who share an office, secretary, and investigators represent the opposing parent and child in an abuse case?
The opinion concluded that it is improper for two assistant public defenders who share a common office, secretary, and investigators to be required to represent the directly opposed parent and child i…
Can a lawyer pay a withdrawn prior attorney's lien out of settlement funds when the client objects?
The opinion concluded that a lawyer may not pay settlement proceeds to the client's prior attorney over the client's objection; the disputed amount must be kept separate under Rule 1.15(c) until the d…
Can a lawyer who used to negotiate leases for a developer now represent a tenant negotiating a lease with that same former-client developer?
The opinion concluded the lawyer may not, without the former client's consent. Lease negotiation is a substantially related matter where confidences were likely shared, so Rule 1.9 bars the new repres…
Can a lawyer review and finalize estate planning documents that a financial planning company gathered information for and drafted, then sent to the client's chosen attorney?
The opinion concluded the lawyer may aid the company's unauthorized practice of law under Rule 5.5(b), because the company advises clients on and prepares the documents before the lawyer's review, and…
Does a lawyer who serves on an unpaid, advisory village commission hold 'public office,' barring representation of clients before or against the village?
The opinion concluded that an unpaid, appointed volunteer commissioner with only advisory functions does not hold 'public office' for conflicts purposes, so the lawyer may represent private clients be…
When a lawyer represents both a mother and her minor child in a paternity case, can the lawyer obey the mother's order to dismiss the appeal?
The opinion concluded the lawyer may not dismiss the appeal on the mother's instruction. The minor child is the real party in interest, and dismissing after argument would harass or injure the child, …
Can a lawyer who won a judgment for a creditor later represent an estate when the judgment debtor is a beneficiary and the creditor garnishes the estate?
The opinion concluded the representation is restricted by Rules 1.7 and 1.9: handling the garnishment for the estate is substantially related to the prior creditor representation, so the lawyer needs …
Can a lawyer who serves on the county board defend criminal cases prosecuted by that county's state's attorney?
The opinion concluded it is improper. Under In re Vrdolyak and Rule 1.7(b), a county board member's duty of loyalty to the county conflicts with defending criminal cases the county state's attorney pr…
Can a part-time public defender also take contract work writing appellate briefs for the state's prosecutor's office in other districts?
The opinion concluded that a part-time public defender and criminal defense lawyer may accept individual, case-by-case contracts from the State's Attorneys Appellate Prosecutor's Office to write brief…
Can a city prosecutor and a part-time public defender form a law partnership, and what cases must they avoid?
The opinion concluded the partnership is permissible, but neither partner may defend clients charged with that city's ordinance violations or with state charges initiated or supported by that city's p…
Can a lawyer who also sells insurance and investments sell those products to legal clients, advertise the side business, and have clients waive that any product advice is legal advice?
The opinion concluded a dual-profession lawyer may sell products to legal clients with disclosure and consent, may advertise and accept legal work from product customers, and may be named as a lawyer …
Can one lawyer represent both the buyer/borrower and the lender in a real estate loan, especially if the lawyer is the lender's general or in-house counsel?
The opinion concluded there is no absolute bar to representing both buyer and lender, but consent and continuing disclosure are required and representation must end if a conflict makes it materially l…
Must a lawyer withdraw when opposing counsel threatens to sue the lawyer personally over conduct in the case?
The opinion concluded that a lawyer is not required to withdraw when opposing counsel threatens a claim against the lawyer (here, an alleged Fair Debt Collection Practices Act violation) arising from …
Can a part-time assistant state's attorney represent a prisoner suing law enforcement officers in a neighboring county?
The opinion concluded that a part-time assistant state's attorney who prosecutes felonies should not represent a prisoner in a civil rights action against law enforcement officials of an adjacent coun…
Must a public defender's office warn one client that another of its clients is cooperating in an investigation targeting the first client?
The opinion concluded that where one assistant public defender learns, through representing Client B, that Client A (represented by a different assistant in the same office on an unrelated matter) is …
If a lawyer must withdraw from a case because of a conflict of interest, can the lawyer still share in the fee earned after the conflict arose?
The opinion concluded a lawyer who must withdraw for a conflict is not entitled to share in the fees from that matter, and on a non-contingent matter is not entitled to any fee earned after the date t…
Can a lawyer act as surety on the bond of an estate administrator the lawyer's firm represents, and may a judge appoint a lawyer who contributed to the judge's campaign?
The opinion concluded a firm's lawyers may not act as surety on the bond of an estate administrator the firm represents. It also concluded that campaign contributions do not by themselves bar a judge …
Does a lawyer's marriage to another lawyer disqualify the lawyer from a case where the spouse's firm represents the police agencies whose officers will testify?
The opinion concluded marriage does not per se disqualify spouses from representing differing interests. An assistant public defender may take felony cases involving officers of cities the spouse's fi…
Can a lawyer hired by a company that markets living trusts to consumers prepare or review those trusts and split the fee with the company?
The opinion concluded it is professionally improper. Preparing or reviewing trusts an institution sells to consumers creates a conflict between the lawyer's institution-client and the consumers, assis…
Can a lawyer who serves on a city council, or the lawyer's firm, represent clients before that council?
The opinion concluded that a lawyer who serves on a city council generally may not, and the lawyer's firm generally may not, represent clients before the council because the city's and client's intere…
Can a lawyer accept a referral fee in a case where a conflict of interest bars the lawyer from representing that client?
The opinion concluded a lawyer may share fees with a lawyer in another firm only if the Rule 1.5 disclosure and proportionality (or referral) requirements are met, and may not accept a referral fee in…
Can a lawyer who jointly represented a couple on their business and estate matters later represent one spouse in their divorce?
The opinion concluded no: dividing marital assets is materially adverse to the former joint client, the lawyer would misuse shared confidences, and the disqualification is imputed to his partners and …
Can a former judge represent a litigant in a matter the judge once ruled on, years after leaving the bench?
The opinion concluded the 1990 Rules let a former judge represent a party even on a matter he ruled on, but only if all parties consent after disclosure; representation in an unrelated matter is fine,…
Can one lawyer represent buyers and sellers on both ends of a linked chain of real estate deals?
The opinion concluded that multiple representation in a linked 'domino' real estate chain is permitted only with full disclosure to and consent from all parties, and the disclosure must continue throu…
Can a lawyer who is a director of and attorney for a bank insist that an estate-planning client name that bank as fiduciary?
The opinion concluded it was professionally improper to insist: choosing the fiduciary is the client's decision, so after disclosing his relationship the lawyer may recommend the bank but, lacking the…
Does a lawyer's part-time employment by a university bar his firm from defending a former university employee in an unrelated criminal case?
The opinion concluded the representation was proper after disclosure and consent: there was no attorney-client relationship with the university, so the criminal case created no conflict, and a persona…
When an insurance company's salaried staff lawyer defends an insured, who is the client, and can a non-lawyer claims supervisor direct the lawyer's work?
The opinion concluded the insured, not the insurer, is the staff lawyer's client; the lawyer must keep his independent professional judgment free of direction by the company or its non-lawyer claims p…
Can a lawyer keep representing a client who has filed a disciplinary complaint against the lawyer over that same matter?
The opinion concluded the lawyer may continue if the client consents after full disclosure of the potential conflicting loyalties and the lawyer's judgment is not adversely affected; the lawyer may in…
Can a part-time State's Attorney refer a wrongful-death case and take a referral fee when an ordinance he could prosecute is at issue?
The opinion concluded no: where the State's Attorney has discretion to prosecute the ordinance violation tied to the death case, taking a referral fee is ethically no different from taking the case ou…
Can a lawyer hired by a business broker draft the closing documents for both the buyer and seller of a business?
The opinion concluded the arrangement is improper: hired by the broker yet serving both buyer and seller, the lawyer has an unwaivable conflict of undivided loyalty, and preparing documents around a b…
Can a former village attorney sue the village over a matter he worked on, if he says the information he learned is now public?
The opinion concluded it is improper: a lawyer may not take a matter where a former client's confidences could be used against it without consent, and information stays confidential until the client c…
Can a lawyer who serves on a school board take private work opposing a development the board supports?
The opinion concluded the lawyer may not accept private employment opposing the school district's annexation position: it is a direct personal-interest conflict, a public official may not oppose propo…
Can a lawyer who sits on one lending institution's board also represent a competing lending institution in the same community?
The opinion concluded a lawyer may represent two competing institutions in substantially unrelated matters, and may represent a competitor of an institution on whose board he serves only with the info…
Can a city attorney draft and advocate for an ordinance that would financially benefit him without disclosing his interest, and must another lawyer report that conduct?
The opinion concluded a city attorney should not participate in a pending ordinance that could benefit him financially unless he discloses the interest and the city consents or he recuses; on the repo…
Can a lawyer who is also a licensed insurance agent sell insurance to legal clients and collect a referral commission for sending a client to another agent?
The opinion concluded a lawyer who is also an insurance agent may provide both legal and insurance services to the same client, and may refer a client to another agent and receive a commission, provid…
Browse Illinois State Bar Association opinions by topic
Legal ethics opinions from the Illinois State Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.