Can a law firm that represents a municipality entertain the city's officials at parties or sporting events?

Plain-English summary

A firm serving as village counsel traditionally held social events, such as holiday parties and summer picnics, for clients and friends, and individual lawyers also invited clients to sporting events at firm expense. The inquiry asked whether the firm could invite the client municipality's elected and appointed officials to those firm events and to individual sporting events.

The opinion concluded that Illinois lawyers may not give judges or tribunal officials anything of value beyond ordinary social hospitality under Rule 3.5(h), which incorporates the gift limits a judge may accept under the Code of Judicial Conduct. It noted that no specific statute or rule addresses gifts to non-judicial public officials, but that in In re D'Angelo the Supreme Court disbarred a lawyer who paid over $10,000 in car-rental charges for judges and public officials, holding that such payments were not "ordinary social hospitality." Because the Court applied the same standard to non-judicial officials, the opinion concluded prudent lawyers should evaluate gifts and entertainment of public officials under the same general rules.

The opinion concluded that invitations to holiday parties and summer picnics, if not extravagant and not involving expensive gifts, reasonably constitute ordinary social hospitality and are not improper. As to individual sporting-event invitations, it concluded there is no per se prohibition absent a local ordinance, but that prudence requires reasonable limits, applying the four D'Angelo/Corboy factors (the value of the gift, the relationship between official and donor, social practices and customs, and the particular circumstances). It concluded that entertainment amounting to "ordinary business hospitality" in the community is not improper, while unduly extravagant entertainment (such as an entire season ticket or a "Super Bowl Weekend" excursion) would not be. It also noted that lawyers for local-government entities should check for local ordinances regulating such gifts.

Currency note

This opinion was issued in 1994, before Illinois adopted the 2010 Illinois Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in May 2010 as generally consistent with the 2010 Rules (referring to Rule 3.5(f)), while noting 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 firm invite a client municipality's officials to its holiday party or picnic?

A: The opinion concluded that such invitations, if not extravagant and without expensive gifts, reasonably constitute ordinary social hospitality and are not improper.

Q: Can a lawyer take a city official to a sporting event?

A: The opinion concluded there is no per se prohibition absent a local ordinance, but that such entertainment must stay within reasonable limits judged by the D'Angelo/Corboy factors.

Q: Where is the line for what counts as ordinary hospitality?

A: The opinion concluded that entertainment amounting to ordinary business hospitality in the community is acceptable, while unduly extravagant entertainment such as a season ticket or a "Super Bowl Weekend" excursion is not.

Background and rules framework

The opinion interpreted Rule 3.5(h) (a lawyer may not give anything of value to a judge or tribunal official beyond what a judge may accept under the Code of Judicial Conduct's "ordinary social hospitality" allowance; Model Rule 3.5), and extended its reasoning to non-judicial public officials by analogy to In re D'Angelo. It also referenced the Corrupt Practices Act, 50 ILCS 105/3, which it found inapplicable to client entertainment.

Citations and references

Rules of Professional Conduct:

• Model Rule 3.5 (impartiality and decorum; gifts to tribunal officials) / Illinois Rule 3.5(h)

Statutes:

• 50 ILCS 105/3 (Corrupt Practices Act; conflicts of interest in public business)

Cases:

• In re D'Angelo, 126 Ill. 2d 45, 533 N.E.2d 861 (1988), payments to officials not "ordinary social hospitality"
• In re Corboy, 124 Ill. 2d 29, 528 N.E.2d 694 (1988), four-factor hospitality analysis

Other opinions cited:

• ISBA Opinions Nos. 86-18 and 86-19: gifts to judges and the ordinary-social-hospitality limit

See also

• ISBA Ethics Op. 12-13: Representing a Municipality in a Non-Adjudicative Zoning Matter
• ISBA Ethics Op. 13-09: Direct Communication With Government Representatives
• ISBA Ethics Op. 13-07: Lawyer Serving as Both Municipal Prosecutor and Administrator

Source

• Landing page: https://www.isba.org/ethics/opinions/9403