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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When an Illinois personal-injury lawyer is appointed under 11 U.S.C. § 327(e) as special counsel to a Chapter 13 trustee to prosecute the lawyer's former client's uninsured-motorist claim, and the former client then fires the lawyer, must the lawyer withdraw?
The opinion concludes no. Because the claim became property of the bankruptcy estate under 11 U.S.C. § 541(a), the former client's interests are not adverse to the estate under Rule 1.9(a), and the la…
May an Illinois lawyer affiliate with a for-profit client referral service that charges clients a fixed fee, splits the fee with the lawyer, offers a money-back guarantee, uses non-attorney actors in ads, and requires lawyer-client communications on its monitored online platform?
The opinion concludes no. The money-back guarantee is a prohibited paid recommendation (Rule 7.2(a)) and misleads about the lawyer's services (Rule 7.1); the lawyer-service fee split violates Rule 5.4…
Can an Illinois corporation ask its in-house lawyer to sign an employment agreement with a non-compete as a condition of employment?
No. Offering or making an in-house employment agreement that restricts a lawyer's right to practice law after termination, such as a non-compete, does not comply with Illinois Rule 5.6. Restrictions l…
Can a lawyer who used to defend a medical group sue one of its physicians for malpractice in a factually unrelated case?
Yes, but only if the new matter is not substantially related to the former representation of the group; if it is substantially related and materially adverse, Rule 1.9(a) requires the former client's …
After a client dies, who can a lawyer give the estate-planning file to: the named executor, the spouse, the disinherited children?
The lawyer may give the named fiduciary the executed documents and file portions needed to carry out the plan (implied consent), may give a beneficiary limited information to enforce her rights or for…
If a lawyer learns their estate-planning client is committing fraud against third parties, can the lawyer disclose it, and must the lawyer withdraw?
The lawyer has discretion, not a duty, to disclose confidential information under Rule 1.6(b) to prevent or rectify a client's fraud, and even without disclosing, will likely have to withdraw under Ru…
When must an in-house lawyer report suspected fraud up the corporate chain, and when may they disclose it outside the company?
Rule 1.13 controls. The lawyer must report up only when they know of conduct that may be imputed to the entity and is likely to cause it substantial injury; outside disclosure is permitted, not requir…
Can an Illinois lawyer outsource legal or support work to lawyers and nonlawyers outside the firm, and is client consent required?
Yes, with conditions. The opinion concludes a lawyer may outsource legal and support services if she reasonably believes they will be competent and ethical, protects client information, and avoids con…
In a lawyer's own divorce, can the lawyer hand over client trust-account and billing records the spouse's attorney requests in discovery?
Not without a court order. The opinion concludes a lawyer may not produce client trust-account, ledger, and billing records in response to a discovery request absent a court order, and even then must …
Can a lawyer help a client obtain third-party litigation financing during a case without violating the ethics rules?
Yes, with limits. The opinion concludes representing or assisting a client who obtains third-party litigation financing is not unethical per se, but the lawyer must preserve independent judgment, prot…
If someone already has a lawyer for a matter contacts a second lawyer about that same matter, can the second lawyer talk to them without notifying the first lawyer?
Yes. The opinion concludes Rule 4.2 does not bar a lawyer with no involvement in the matter from communicating with a represented person who seeks new counsel, and no notice to or consent from the cur…
Can a lawyer use hidden email tracking software ('spymail' or 'web bugs') when emailing other lawyers or clients?
No, not without consent. The opinion concludes the undisclosed use of email tracking software is dishonest and deceitful under Rule 8.4(c) and invades the client-lawyer relationship; the sender must g…
Can an in-house lawyer for one corporate subsidiary also provide legal services to another subsidiary of the same parent?
Yes. The opinion concludes an in-house lawyer may represent multiple subsidiaries of the same parent, including on the unrelated matter presented, while remaining attentive to Rule 1.7 conflicts and R…
Can a lawyer who is helping a husband prepare for divorce also represent both spouses in a short sale of their home?
Only rarely and only with informed consent. The opinion concludes the short-sale representation is directly adverse to the wife under Rule 1.7(a)(1), and it will be a rare case where the lawyer can re…
How long must an Illinois lawyer keep closed client files, and can the firm destroy them without notifying former clients?
The opinion concludes a ten-year (and generally a seven-year) retention period for ordinary closed files is reasonable; trust and financial records must be kept seven years and client-identity records…
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 an Illinois lawyer store client data with a cloud provider, and is due diligence at signup enough?
Yes, with reasonable safeguards. The opinion concludes a lawyer may use cloud services if she takes reasonable steps to protect client data, and the duty continues; selecting a reputable provider does…
Can a lawyer seek child support from a father when the lawyer already won child support from the same father for a different client?
Only with informed consent. The opinion concludes the new representation is substantially related to the former one and may be materially adverse, so Rule 1.9 requires the first wife's consent and Rul…
Can an Illinois lawyer take a security retainer by credit card, and charge the client a service fee for using a card?
Yes to both, with conditions. A security retainer paid by card must go directly into the trust account, not the business account, and any credit-card service fee must be reasonable and disclosed in ad…
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.
What must an Illinois lawyer do after learning a client submitted false material evidence in an administrative hearing?
The lawyer must try to get the client to correct or withdraw the false evidence, explaining that the lawyer may have to disclose it. If the client refuses, the lawyer should seek to withdraw, but with…
May a new Illinois lawyer discuss a client matter with a mentor from a formal mentoring program who is not in the same firm?
Yes, within limits. A new lawyer may discuss general or abstract questions with a mentor outside the firm as long as the client cannot be identified and no information relating to the representation i…
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 …
Can an Illinois lawyer withdraw from a divorce when an irrational client refuses to sign a favorable settlement, and can the lawyer ask the court to consider a guardian?
Yes on both. Rule 1.16(b) permits withdrawal where the client makes the representation unreasonably difficult or insists on action the lawyer fundamentally disagrees with. Under Rule 1.14(b)-(c), a la…
Must an Illinois lawyer reveal a client's confidential information to prevent a threatened child sexual abuse by a third party?
Yes, where the Rule 1.6(c) test is met. Child sex abuse is 'substantial bodily harm,' so an Illinois lawyer must reveal information relating to the representation to the extent reasonably believed nec…
How long must an Illinois lawyer keep client files, trust-account records, and conflict records, and when can routine case files be destroyed?
Client-identity records under Supreme Court Rule 769(1) must be kept indefinitely; trust-account records (Rule 1.15) and financial records (SCR 769(2)) for at least seven years. Routine case-file mate…
Can an Illinois lawyer who consulted with one spouse about a divorce later represent the other spouse in the same divorce?
Generally no. Under Rule 1.18, the first spouse is a prospective client; if the lawyer received information that could be significantly harmful in the same matter, the lawyer (and the firm) is conflic…
Can an Illinois lawyer join a business networking group that trades client referrals between members, including nonlawyer professionals?
Yes, with conditions: the reciprocal referrals must be non-exclusive, the client must consent before the lawyer shares the client's name and be told the referral arrangement exists, and the arrangemen…
Can a lawyer who is likely to be a necessary trial witness keep representing the client before trial, and can the lawyer represent two clients in the same matter?
Yes to both, with conditions. Rule 3.7 only bars a likely necessary witness from acting as an advocate at trial, so the lawyer may handle pre-trial work and must inform the client of the limit under R…
Must a lawyer serving as a mediator report another lawyer's dishonesty learned during the mediation, despite mediation confidentiality statutes?
Yes. A lawyer who serves as a mediator and comes to know that a party's lawyer violated Rule 8.4(c) must report it under Rule 8.3(a), and the confidentiality provisions of the Uniform Mediation Act an…
Can a law firm let an outside IT vendor access its network and client files without breaking confidentiality rules?
Yes, on or off site, if the firm makes reasonable efforts to protect client information under Rules 1.6 and 5.3, such as a written confidentiality agreement with the vendor. Whether access is remote o…
Can a lawyer represent a client against a witness who is the lawyer's former client from an unrelated matter, and cross-examine that former client?
Yes to the representation, with limits on cross-examination. The opinion concludes the lawyer may represent the new client in an unrelated matter, but may cross-examine the former client only without …
Is a lawyer responsible for a sign-language interpreter's conduct, and do client communications stay confidential when an interpreter is present?
Yes to both. The opinion concludes a lawyer's Rule 5.3 duties over nonlawyer assistants extend to interpreters retained to communicate with a hearing-impaired client, and that communications made in t…
Must a law firm download a former client's electronic file from its computer system when the client asks for it?
Yes. The opinion concluded that when a client is entitled to file materials, the firm may not refuse to download them to disk if that can be done easily and without disclosing other clients' confidenc…
Can a lawyer give an adult client's psychiatric report to the parent who hired and paid the lawyer?
No, on these facts. The opinion concluded the adult daughter, not the paying father, is the client, so the lawyer may not divulge her psychiatric report to him unless the lawyer believes she is disabl…
What duties does an insurance-appointed defense lawyer owe the insured, and when must the lawyer withdraw?
The opinion concluded that a lawyer the insurer appoints owes the insured the same professional obligations as if personally retained; the insured is the primary client, and conflicts over disclosure …
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…
Can a patent firm charge a royalty-based finder's fee for matching its inventor clients with its product-promoter clients?
Only under strict conditions. The opinion concluded the firm may not take a royalty-type matchmaking fee unless it rebuts the common-law presumption of undue influence and obtains informed written con…
Can a lawyer give a client's name to a bank as a sales lead, and can in-house counsel pressure outside firms into handing over referral lists?
Only with client consent: a lawyer may not pass client names to a bank for marketing without the clients' permission, and in-house counsel may ask outside firms for referral names but may not coerce t…
May an Illinois lawyer email clients without encryption, and do the solicitation rules apply to a law firm web site?
Yes, unencrypted email (including over the Internet) does not violate confidentiality absent unusual circumstances. A passive web site is advertising, not solicitation, but targeted online messages tr…
Can a lawyer who once worked for a state child-welfare agency as a non-lawyer supervisor now represent clients in juvenile court against that agency?
Yes, if the lawyer did not personally and substantially participate in the same matter while at the agency and holds no confidential government information that could be used against the agency or an …
If my client lied on an indigency affidavit to get a public defender, can I tell the court?
Yes, and the lawyer may be required to: under Rule 3.3 the duty of candor to the tribunal can override confidentiality, so if the client will not rectify the fraud on the court, the lawyer may reveal …
If a colleague once confided a legal problem to me as a lawyer, can I later become in-house counsel for the organization on the other side?
The opinion concluded that a lawyer who had a brief but confidential discussion with a faculty member about his dispute with a university may still serve as the university's counsel, provided the lawy…
When a client discharges an Illinois lawyer and demands all the old files, who pays for the copies and what must be returned?
The opinion concluded that on termination the lawyer must return all original papers and property the client provided (active and inactive files), may keep copies at the lawyer's own expense, and may …
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 reveal a former client's confidences to defend against the client's accusations or to collect an unpaid fee?
The opinion concluded that a lawyer may, in the lawyer's discretion, reveal client confidences reasonably necessary to defend against accusations of wrongful conduct or to establish or collect a fee, …
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…
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…
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…
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…
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…
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 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 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…
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 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…
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 …
Does a lawyer hired to represent another lawyer have to report that lawyer's possible misconduct to the disciplinary commission?
The opinion concluded a lawyer retained to represent another lawyer has no duty, and may be prohibited, to report misconduct learned in confidence from that client-lawyer, and the reporting duty does …
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.