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 law firm team up with a health-care organization to market and run seminars on advance directives and then prepare them?
The opinion concluded that a firm may run advance-directive seminars with a health-care organization so long as the firm performs all legal services, any payment to the organization is limited to the …
Can a law firm that represents a municipality entertain the city's officials at parties or sporting events?
The opinion concluded that a firm may entertain officials of a client municipality at events such as holiday parties or picnics as ordinary social hospitality, and that individual sporting-event invit…
Can a lawyer prepare real estate closing documents but leave it to the broker to explain them and resolve legal questions at closing?
The opinion concluded that a lawyer who limits the representation to drafting closing documents and leaves the explanation of those documents and resolution of legal questions to the real estate broke…
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 tell the other side that a win will be highly publicized but a settlement with a confidentiality agreement will keep it quiet?
The opinion concluded that proposing a settlement and confidentiality agreement as an alternative to projected media publicity if a judgment is obtained is not per se professionally improper, and that…
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 a lawyer take attorney's fees out of escrowed funds the lawyer is holding for a client without the client's consent?
The opinion concluded that a lawyer must keep client and third-party funds in a separate trust account and may withdraw fees from them only after notice to and written consent from the client; when th…
Does a lawyer have to report a client's past tax-law violations the lawyer learned about while representing the client?
The opinion concluded that where the lawyer's knowledge of a client's past tax violations is privileged or a 'secret' under Rule 1.6, the lawyer may not voluntarily disclose it to tax authorities or a…
Is it unauthorized practice for a nonlawyer to represent an employer at an Illinois unemployment-benefits hearing, and do lawyers in the same hearing aid it?
The opinion concluded that an employer's use of nonlawyers to prepare and present evidence and examine witnesses at unemployment hearings is the unauthorized practice of law, but that a lawyer who par…
Can a lawyer write directly to an insured opposing party who is dealing through an insurance adjuster but has no lawyer yet?
The opinion concluded that because the insured was not yet represented by counsel, Rule 4.2 did not bar the contact, and a lawyer may communicate with an unrepresented party so long as the lawyer give…
Can a law firm require a lawyer to sign a promissory note that becomes payable only if the lawyer competes with the firm after leaving?
The opinion concluded that an employment agreement requiring a lawyer to sign a promissory note payable only if the lawyer competes with the firm after leaving is an improper restriction on the right …
Can a prosecutor contact a judge ex parte to get an emergency stay of a bail-reduction order?
The opinion concluded that a state's attorney's ex parte communication with a judge to obtain an emergency stay of a bail reduction went to the merits and violated Rule 3.5(i) unless the bail statute'…
Can an Illinois lawyer take a case where a non-lawyer business pays the fee and steers the client to the lawyer?
The opinion concluded a lawyer may be retained and paid by a third party so long as the third party is authorized to retain the lawyer, does not direct the lawyer's judgment, and the lawyer does not s…
Can a lawyer pitch a county board in person to abolish the public defender and hire the lawyer's firm instead?
The opinion concluded that a lawyer's in-person pitch to a county board member to win a public-defense contract is improper solicitation under Rule 7.3, because in-person solicitation for pecuniary ga…
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 lawyer report a client's debtor's bounced check to the prosecutor after already winning a civil judgment?
The opinion concluded that reporting a dishonored check to the State's Attorney does not violate the rule against using criminal charges to gain a civil advantage when the civil judgment has already b…
Can a law firm give its bank a list of client accounts receivable without the clients' consent?
The opinion concluded that client fee and billing information may be a client secret, so a firm should obtain client consent before disclosing accounts-receivable records identifying clients to the fi…
Must a lawyer report another firm's improper client loans, and how should disputed settlement funds be held?
The opinion concluded that reporting is not mandatory under Rule 8.3 unless the lawyer has unprotected actual knowledge of a Rule 8.4(a)(3) or (4) violation; an improper client loan alone is not such …
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 an Illinois lawyer pay to participate in a for-profit telephone or computerized client referral service?
The opinion concluded that a lawyer may not participate in a for-profit computerized telephone referral service, because Rule 7.2(b) permits paying the usual charges only of a not-for-profit referral …
Can a former lawyer use information from the representation, like surveillance photos, against the ex-client in a later proceeding?
The opinion concluded that under Rules 1.9 and 1.6 a lawyer may not use information relating to a former representation to the ex-client's disadvantage, whenever obtained, except to the extent necessa…
Can a lawyer confer with a judge about the case of the judge's spouse, when the judge has no official role in that case?
The opinion concluded that a lawyer does not violate the ex parte communication rule by conferring with a judge about the case of the judge's spouse, because the judge has only a personal, not an offi…
Can a lawyer take on a client who was first advised and worked up by a nonlawyer claims-investigation firm?
The opinion concluded that a lawyer does not aid the unauthorized practice of law by merely accepting a client previously served by a nonlawyer claims firm, so long as the lawyer independently pursues…
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 pull names of DUI defendants from court files and mail them solicitation letters?
The opinion concluded that a lawyer may send targeted direct-mail solicitations to a group of people already involved in litigation, such as recently charged DUI defendants, so long as the mailing com…
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 suing a former client for unpaid fees act as both advocate and witness, and can a firm colleague handle the case instead?
The opinion concluded that although a lawyer generally should not be both advocate and witness at the same trial, a lawyer's suit to collect fees from a former client is an express exception under Rul…
A lawyer learns from a doctor-client that another lawyer is too senile to practice; can or must the lawyer report it?
The opinion concluded that a lawyer who learns through a privileged communication from a doctor-client that another lawyer is senile and incompetent may not use or reveal that information and has no m…
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 law firm hire outside solo attorneys hourly to cover court calls and depositions, and must it tell the client?
The opinion concluded that a firm may hire unaffiliated lawyers on an hourly basis to cover motions and depositions if it obtains the client's informed consent to the delegation under Rules 1.1(c) and…
Can a lawyer run a divorce mediation business with a nonlawyer out of the law office?
The opinion concluded that a lawyer may operate a divorce mediation business with a nonlawyer and run part of it from the law office, provided the lawyer does not represent either party in the underly…
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 …
Can a lawyer send litigation correspondence directly to a city's mayor and council members when the city is represented by counsel?
The opinion concluded that a lawyer whose client is being sued by a city would violate Rule 4.2 by communicating directly with the city's represented elected officials about the litigation; the client…
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…
Is it improper to threaten criminal prosecution to gain leverage in a civil case, and must opposing counsel report it to the disciplinary commission?
The opinion concluded that a lawyer who, during civil settlement negotiations, threatens to pursue criminal prosecution to gain an advantage violates Rule 1.2(e), but that opposing counsel has no duty…
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 the lawyer for an estate disclose to the probate court that the guardian took estate money, even under a claim of right?
The opinion concluded that the lawyer for a disabled adult's estate must report to the probate court that the guardian took estate assets, because the guardian (not represented personally) holds no pr…
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 a lawyer tell the opposing party's regular attorney about a settlement offer the insurer's defense lawyer ignored?
The opinion concluded that contacting the adverse party's regular lawyer about the status of the case does not violate Rule 4.2, because that rule bars contacting a represented party, not another lawy…
Can a lawyer tell the press that he reported another lawyer to the disciplinary commission and describe the alleged misconduct?
The opinion concluded that an attorney may tell the news media about reporting another lawyer to the ARDC and describe the alleged misconduct, so long as the statements do not pose a serious and immin…
Can a lawyer take landlord-tenant work referred through a real estate brokers' association?
The opinion concluded that a lawyer may represent property owners (or their agent-managers) through a real estate brokers' association, provided the agents are authorized to employ counsel, there is n…
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 charge a contingent fee for non-litigation work like a securities registration, combine it with hourly fees, and advertise it?
The opinion concluded a contingent fee for non-litigation work such as securities registration is not improper if it meets Rule 1.5(c) and violates no other law, that combining hourly and contingent f…
Can a law firm's employment contract bar a departing lawyer from soliciting or serving the firm's clients for three years after leaving?
The opinion concluded the clause violates Rule 5.6(a), which bars employment agreements that restrict a lawyer's right to practice after leaving (outside retirement benefits or a settlement), and woul…
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, …
If a client tells a lawyer not to report her former attorney's suspected fraud until her claims are resolved, must the lawyer report it anyway?
The opinion concluded that once the lawyer gains unprivileged knowledge that the former attorney violated Rules 8.4(a)(3) or (4), the lawyer must report it to the ARDC under Rule 8.3 despite the clien…
Can a lawyer bill a client for a secretary's overtime as a separate expense in addition to the legal fee?
The opinion concluded that, in limited circumstances, billing a client for a secretary's actual overtime as a separate expense is proper, where an hourly rate is set under Rule 1.5, the overtime is ne…
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 …
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.