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 lawyer for the petitioning spouse in a divorce send the unrepresented spouse a letter advising on the meaning of court documents and the choice to waive counsel?
The opinion concluded no; the letter improperly gave misleading legal advice to an unrepresented adverse party, downplayed getting counsel, and fostered the impression the lawyer would protect that pa…
When a former public defender becomes a prosecutor in the same county, can the rest of the office handle his old cases if he is screened?
The opinion concluded that proper screening avoids imputing the former public defender's conflict to the whole State's Attorney's office, so other prosecutors may handle his former cases without appoi…
Can a student-legal-services lawyer represent one fee-paying student against another fee-paying student?
The opinion concluded paying the student activity fee that funds the office does not by itself make every student a client, so the director may represent one eligible student against another he has ne…
Can a part-time county public defender represent a private client in a civil suit against the same county?
The opinion concluded a part-time public defender may sue the county for a private client only with the client's consent after full disclosure of the public-defender relationship, because the lawyer h…
If a non-client buys a former client's interest in the matter a lawyer once handled, can that buyer invoke the lawyer's duties to disqualify the lawyer or claim the former client's confidences?
The opinion concluded no; a lawyer's duties of confidentiality and loyalty run to the client, not to a stranger who later succeeds to the client's substantive rights, so the successor cannot disqualif…
Can one lawyer represent both the buyer and the seller in a real estate transaction if both consent after full disclosure?
The opinion concluded that dual representation of an arm's-length buyer and seller is generally improper even with consent, because it is rarely obvious one lawyer can adequately represent both; in th…
Can a lawyer who sits on a not-for-profit association's board also represent the association, including suing fellow members for unpaid dues?
The opinion concluded the lawyer may represent the association if he abstains from any board vote on his own employment, guards the client's confidences, and, because he is also a dues-paying member, …
Can a law firm an insurer hired to defend its insured also bring a separate declaratory-judgment action, for the insurer, to make other insurers cover that same insured?
The opinion concluded yes, with consent; where the insurer will not contest its own coverage so the insured is protected either way, the firm may both defend the insured and pursue the declaratory act…
Can a city's part-time corporation counsel, or the lawyer's firm, defend people charged under state statutes when the conduct is also a city ordinance violation prosecuted with city police support?
The opinion concluded no; the corporation counsel and the lawyer's firm are disqualified from defending such charges, and the city cannot waive the conflict because the matters are substantially relat…
Does representing a police officer in a disciplinary case bar a lawyer from later defending criminal cases investigated by that department or officer?
The opinion concluded no, where the matters are unrelated and the lawyer gained no confidential information usable against the former client; a concluded one-time representation of the officer did not…
Can a lawyer representing one spouse in a divorce draft an appearance for the unrepresented spouse to sign and then file it?
The opinion concluded yes; a lawyer may draft and submit an appearance for the unrepresented opposing spouse, and later file the signed form, so long as the lawyer gives that spouse no advice about th…
Can a lawyer sign a confession of judgment for the defendant when a partner in the same firm represents the plaintiff?
The opinion concluded no; the plaintiff's lawyers have a financial interest in the confession of judgment, so neither they nor their firm may represent the defendant, because one firm cannot adequatel…
Can a lawyer who won property for a divorce client later represent that client's new spouse in a divorce that would strip away the same property?
The opinion concluded no; the lawyer should decline, because attacking the property the firm had earlier secured for the former client would injuriously affect her in the very matter the firm once han…
Can lawyers in a firm defend criminal cases in a county where their partners serve part-time as prosecutors on unrelated juvenile matters, and can the public entity consent?
The opinion concluded yes with informed consent of each client, and held that a public entity is not categorically barred from consenting where partners of a part-time public lawyer take unrelated mat…
Can a part-time assistant state's attorney who handles only civil matters, and the lawyer's firm, defend criminal cases in other counties?
The opinion concluded yes; where the lawyer's public work is confined to civil matters and the firm does no criminal work in that county, the lawyer and partners may defend criminal cases arising in o…
Can two part-time assistant public defenders who share office space and a secretary represent codefendants with conflicting interests in the same case?
The opinion concluded there is no per se bar; the two may represent conflicting codefendants if each discloses the arrangement, obtains consent, and can give undivided loyalty, but they may not use th…
Can a lawyer take an unrelated case against the spouse of a former client, when the spouse was not the lawyer's client?
The opinion concluded yes; nothing bars representing a client against a former client's spouse in an unrelated matter, so long as the lawyer need not use the former client's confidences and the former…
Can a lawyer represent a company as a client while personally owning and running a competing company?
The opinion concluded only with the client's consent after full disclosure; a lawyer who is a principal shareholder and officer of one corporation may not represent a competing corporation absent full…
Can a lawyer who worked on or contributed to a judge's election campaign appear before that judge?
The opinion concluded yes; a lawyer who contributed to or helped run a judge's election campaign is not precluded from later appearing before that judge, and need not disclose the campaign activity to…
Can a lawyer who is also a real estate broker, or his law partner, act as the lawyer in a deal where the lawyer earns a brokerage commission?
The opinion concluded not without informed consent; the lawyer-broker's commission gives him a financial interest that may impair his judgment, so neither he nor his associate may represent a party to…
Can a law firm represent a personal injury plaintiff when one of its lawyers was an assistant state's attorney while related criminal charges against the defendant were pending, but had no role in the prosecution?
The opinion concluded yes; because the former prosecutor had no personal and substantial role in the criminal case, he was not disqualified under the former-government-lawyer rule, and his firm was no…
Is it a conflict of interest for a lawyer who sits on a county board to also represent the State as a special assistant attorney general in condemnation cases in that county?
The opinion concluded there is no per se conflict, so long as the condemnation matters are against private landowners and do not involve the county itself; only if the county were a party would a conf…
Can an assistant state's attorney who handles all of a county's family court matters also represent private divorce clients in that same county?
The opinion concluded no; an Assistant State's Attorney responsible for all of a county's family court matters may not privately represent clients in marriage dissolution cases in that same county, wh…
Can a part-time municipal prosecutor who handles traffic cases in the city also defend traffic and criminal cases arising outside city limits?
The opinion concluded yes; because the municipal attorney's prosecutorial authority is limited to violations occurring within the municipality, he may privately defend traffic and criminal cases for o…
Can a lawyer who represents a corporation in bankruptcy also file a workers' compensation claim for a former employee injured working for that corporation?
The opinion concluded no; a lawyer representing a corporation in bankruptcy may not simultaneously pursue a workers' compensation claim for a former employee arising from the corporation's employment,…
Must a seller's lawyer who is a member of a bar-related title insurer get the buyer's consent before placing the title insurance with that insurer?
The opinion concluded no; the seller's attorney owes the disclosure-and-consent duty only to his own client, the seller, not to the non-client purchaser, so the buyer's consent is not required to plac…
Can one partner represent a corporation's sole shareholder while another partner in the same firm represents someone the corporation is suing?
The opinion concluded no; a firm representing a corporation's sole shareholder may not also represent a defendant the corporation is suing, because the shareholder-client's financial interest in the c…
Can a lawyer represent another lawyer in the other lawyer's own case while the two regularly oppose each other on behalf of their clients?
The opinion concluded yes; one lawyer may represent another, even though they are frequently adverse on behalf of clients, provided both make full disclosure to the affected clients and obtain their c…
Can a lawyer's firm represent a public planning commission on which the lawyer serves as a voting member and committee chair?
The opinion concluded a conflict exists; a lawyer who is a voting member of a public regional planning commission, and his firm, may not also represent the commission as its attorney, and because a pu…
Can a lawyer who represents the executor or administrator of an estate also sign as surety on the personal representative's bond?
The opinion concluded it is improper; a lawyer representing the personal representative of an estate may not act as surety on that representative's bond, because the surety role guarantees the client …
Can a lawyer represent a buyer or seller referred by the lawyer's spouse, who is the real estate broker in the same transaction?
The opinion concluded the spousal relationship is not a per se conflict; the lawyer may take the representation after fully disclosing the relationship and obtaining the client's consent, absent other…
After a former presiding judge enters private practice, which matters from the bench is he disqualified from handling, and does that disqualify his firm?
The opinion concluded a former judge is disqualified from any matter in which he acted judicially on the merits, but not from matters he only assigned in an administrative capacity; he is also barred …
Can a law firm that jointly represented a trade association and its members later sue the association for some members over a matter from that same representation?
The opinion concluded not without a waiver from every affected client; a firm that jointly represented a trade association and individual members may not later sue the association on some members' beh…
Can a part-time assistant state's attorney assigned to civil cases represent private clients on zoning matters before the county board?
The opinion concluded no; a part-time assistant state's attorney who handles civil matters for the county may not represent private clients on zoning matters before the county board, because his duty …
Can a part-time public defender who learns of police misconduct through that work refer the civil case to another lawyer and collect a referral fee?
The opinion concluded it is not improper; a part-time public defender's clients are the accused, not the county, so there is no conflict, and he may refer a police-misconduct case to other counsel and…
Can a lawyer take a case against a former one-time client in a totally unrelated matter that does not involve the former client's confidences?
The opinion concluded it is not per se a conflict to represent a client adverse to a former ad hoc client in a wholly unrelated matter that does not involve the former client's confidences or secrets,…
Can a part-time city attorney who prosecutes ordinance violations, or his firm, defend people charged with crimes committed within the city?
The opinion concluded a part-time salaried city attorney who prosecutes ordinance violations and advises the police may not defend persons charged by the State's Attorney for offenses within the city,…
Can a lawyer defend criminal cases in a county where a partner serves as a part-time Special Assistant State's Attorney handling only civil matters?
The opinion concluded a firm partner may defend a criminal case in the county even though another partner is a Special Assistant State's Attorney for civil matters only, provided that partner has no c…
Can a lawyer oppose another lawyer's client when that other lawyer is the first lawyer's own client or former client?
The opinion concluded that representing a client against a client of Lawyer B is permissible, and needs no consent, where Lawyer A only previously represented Lawyer B in a concluded matter; but if La…
Can a lawyer represent a contract purchaser seeking to amend a contract that the lawyer's firm drafted years earlier for the seller, who was then a firm client?
The opinion concluded the lawyer is vicariously disqualified, even though he joined the firm after the prior representation, unless he rebuts the presumption that firm members share a former client's …
After defending a client on a traffic ticket from an accident, can another lawyer in the same firm later defend the personal-injury claim that the former client brought over the same accident?
The opinion concluded it was professionally improper, and that the firm had to withdraw, because representing a client on the traffic charge and then opposing his injury claim from the same accident w…
Can different lawyers in the same public defender's office represent co-defendants who have an actual conflict, and does a court 'gag order' cure it?
The opinion concluded that separate lawyers in one public defender's office may not represent co-defendants where an actual conflict exists, absent valid consent, and that a court 'gag order' barring …
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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.