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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What must an Illinois lawyer do when they learn that the lawyer who hired them on a matter has been removed from the Master Roll of Attorneys for MCLE noncompliance?
The opinion concludes the lawyer must first notify the hiring lawyer and may not continue working with the hiring lawyer unless reinstatement occurs; if the hiring lawyer is not reinstated, the lawyer…
What are the ethical duties of an Illinois lawyer who serves as local counsel for an out-of-state lawyer in an Illinois state-court criminal matter, and may local counsel limit attendance at court proceedings?
The opinion concludes local counsel owes the client the same duties as lead counsel under the Illinois Rules. Local counsel and the client may agree in writing to limit scope under Rule 1.2(c), but Il…
If a litigation client loses mental capacity mid-case, must the lawyer keep pursuing the strategy the client chose while still competent?
No. The Rules do not require the lawyer to continue the appeal along the lines last discussed when the client had capacity; under Rule 1.14 the lawyer's options include continued advocacy, acting in t…
Must a lawyer disclose a client's drug addiction to the court to prevent reasonably certain death or substantial bodily harm?
Not automatically. The opinion concludes that whether Rule 1.6(c) requires disclosure is intensely fact-sensitive, and a client's addiction alone, without aggravating circumstances, does not make harm…
Can a lawyer advise and represent a medical marijuana business when the activity is legal under state law but a federal crime?
Yes. An Illinois lawyer may advise and provide transactional services to medical cannabis clients under Rule 1.2(d)'s exception for helping a client determine the law's application, and may advise mun…
Can a criminal defense lawyer give the defendant client a copy of the prosecution's discovery materials?
No. Under Illinois Supreme Court Rule 415(c) the lawyer may not give the defendant a copy of discovery, but Rule 1.4 still requires the lawyer to review and discuss the contents with the client.
May an Illinois lawyer post a client's question on a bar association listserv or online discussion group to get advice from other lawyers?
Yes, with limits. A lawyer may consult other lawyers on a listserv if the inquiry is general or abstract and carries no real risk that the client can be identified or that information relating to the …
After an associate leaves an Illinois law firm, may the associate contact firm clients he worked with, tell them they can follow him, and when must the client be notified of the departure?
Yes. A departed associate may contact firm clients with whom he had an attorney-client relationship to report his departure and tell them they may stay with the firm or move the file to him, so long a…
A trustee's lawyer will likely be called as a witness; how far can the lawyer keep representing the trustee?
The lawyer may handle all pre-trial work up to the commencement of trial but may not act as trial counsel at any point during the trial, even before being called. The lawyer may also continue represen…
Can a lawyer sell his law practice to an associate and then keep practicing as 'of counsel' to the buyer's new firm in the same area?
No. Rule 1.17 lets a lawyer sell a practice only if he stops practicing on a fee basis in that geographic area; selling just the tangible assets and staying on as of counsel is allowed, with notice to…
Must a lawyer file suit for a missing, unreachable client to beat the statute of limitations before closing the file?
Generally no. The opinion concludes a firm has no duty to file suit for a missing client it cannot reach, unless the client gave specific authorization to file before disappearing and the firm has eno…
Can a lawyer sit on a reinsurer's board while representing the primary insurers whose policies it reinsures?
Only with consent. The opinion concludes that serving on the reinsurer's board while representing a primary insurer on a reinsured claim creates a Rule 1.7(b) conflict, usually waivable by the client'…
Can a lawyer draft a client's trust that directs the trustee to retain that same lawyer as counsel for the trust?
Yes, with disclosure. The opinion concluded the lawyer may include such a provision at the client's request only if the lawyer reasonably believes the representation will not be adversely affected and…
If a lawyer receives an opposing party's confidential documents that opposing counsel sent by mistake, can the lawyer use them?
It depends on timing. The opinion concluded that a lawyer who receives and reviews inadvertently sent materials without prior notice of the error may use the information, but a lawyer who learns of th…
If I pay a contract or temporary lawyer to help on a case, must I tell the client and get consent?
It depends: paying a contract lawyer an hourly rate under close supervision and not billed as a disbursement needs no disclosure, but delegating without close supervision, or paying a percentage of th…
If I take over a client's matter from a lawyer who stepped away due to illness, must I tell the client when that lawyer returns to practice?
No. The successor lawyer owes no duty to the client or the referring lawyer to report the referring lawyer's recovery and return, though the lawyer must answer the client's direct questions and keep t…
Can an Illinois firm advertise that it 'specializes' in a field, and can it farm work out to outside lawyers without telling the client?
A firm may say it 'concentrates' in a field but may not claim to 'specialize,' and it may not delegate the matter to lawyers outside the firm without the client's disclosure and consent.
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…
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…
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 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…
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 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 send targeted mail soliciting people known to need legal help, such as accident victims named in news reports?
The opinion concluded a lawyer may initiate contact by mail with prospective clients known to be likely to need legal services, provided the envelope and letter are plainly labeled as advertising mate…
Can a lawyer prepare wills for a nonprofit's members when the nonprofit gathers the information and relays all communications between lawyer and member?
The opinion concluded the lawyer aids the unauthorized practice of law under Rule 5.5(b) by working through a nonprofit that collects member information and relays all communications, and the arrangem…
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…
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 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…
Can a lawyer charge a client interest on overdue bills or on litigation expenses the lawyer advanced?
The opinion concluded a lawyer may charge interest on both past-due fees and advanced expenses, provided the client is told in advance, ideally in a written fee agreement, and given a reasonable time …
When an associate leaves a law firm, may both the associate and the firm contact shared clients about continuing representation, and how are the fees divided?
The opinion concluded that both the departing associate and the firm may seek the clients' consent to continue, and that fees earned during employment are divided per the employment agreement, but the…
Can a lawyer privately contact his existing clients to tell them about a lawsuit and represent them as additional plaintiffs?
The opinion concluded yes; the ban on soliciting employment by private communication applies only to prospective clients, not to a lawyer's existing clients, so the lawyer could advise existing client…
Can a lawyer agree in advance to only draft the pleadings in a divorce case and let the client proceed pro se from there?
The opinion concluded yes; a lawyer may, by prior agreement, limit representation to preparing pleadings in a pro se dissolution, provided the client gives fully informed consent and the lawyer takes …
What must a law firm do with client funds in trust when the client, a now-dissolved corporation, cannot be located?
The opinion concluded the firm must keep the funds in its trust account, make reasonable efforts (scaled to the amount) to locate the client, and then proceed under the state's Uniform Disposition of …
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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.