Can a lawyer sign a confession of judgment for the defendant when a partner in the same firm represents the plaintiff?
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This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
The inquiry asked whether an attorney could sign a confession of judgment on behalf of a defendant when the plaintiff's attorney was a member of the same firm.
The committee found a conflict. When a lawyer is receiving fees for one client that will be paid pursuant to a confession of judgment signed by a lawyer in the same firm, the firm cannot adequately represent both interests. It applied former Rule 5-105(a), under which a lawyer must decline employment likely to adversely affect his independent judgment, except as permitted by Rule 5-105(c), and the imputation provision under which, if one lawyer must decline or withdraw under Rule 5-105, no partner, associate, or affiliated lawyer may accept or continue the employment.
Because the plaintiff's attorneys had a financial interest by virtue of the confession of judgment, the committee concluded they could not undertake the representation of the defendant.
Currency note
This opinion was issued in August 1986, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 1990 (and later 2010) Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in July 2010 as generally consistent with the 2010 Rules (Rules 1.7 and 1.10), while cautioning that the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a lawyer sign a confession of judgment for the defendant when the firm also represents the plaintiff?
A: The opinion concluded no; the firm has a financial interest in the judgment and cannot adequately represent both the plaintiff and the defendant.
Q: Why does the conflict extend to the whole firm?
A: Per the opinion, under the imputation provision of former Rule 5-105, if one lawyer must decline because of the conflict, no partner, associate, or affiliated lawyer may accept or continue the employment.
Background and rules framework
The opinion applied former Illinois Code Rule 5-101(a) (personal-interest conflicts) and Rule 5-105(a), (c), and (d) (declining conflicting employment and imputation to the firm). The Board's 2010 affirmation maps the analysis to current Illinois Rules of Professional Conduct 1.7 (concurrent conflicts) and 1.10 (imputation), corresponding to ABA Model Rules 1.7 and 1.10.
Citations and references
Rules of Professional Conduct:
- Illinois Code Rule 5-101(a) (personal-interest conflicts, applied in the opinion)
- Illinois Code Rule 5-105(a), (c), (d) (conflicting employment and imputation)
- Illinois RPC 1.7 and 1.10 (2010 equivalents per the Board's affirmation)
- MR 1.7 (concurrent conflicts); MR 1.10 (imputation of conflicts)
See also
- ISBA Ethics Op. 13-02: One Partner Suing Another
- ISBA Ethics Op. 85-14: PDs Sharing an Office and Staff
- ISBA Ethics Op. 86-04: Firm's Prosecutors and Defense Work
Source
- Landing page: https://www.isba.org/ethics/opinions/8607
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