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 list nonlawyer employees, such as paralegals, office managers, and legal assistants, on its letterhead?
The opinion concluded yes; nonlawyer employees may be named on firm letterhead as long as it is not misleading and the person's nonlawyer status is clearly indicated.
Can a law firm invite local judges to a firm golf outing and pay their expenses along with clients and prospective clients?
The opinion concluded no; a firm may not bear the expense of judges attending a firm outing, because it both creates an appearance of impropriety and amounts to giving a judge something of value barre…
Can a bar association pay the expenses of sitting judges who attend its luncheons and annual dinner as invited guests?
The opinion concluded yes; a bar association may bear the cost of having judges attend its functions as guests, because open exchanges between an organized bar and the judiciary do not raise the undue…
If a non-client buys a former client's interest in the matter a lawyer once handled, can that buyer invoke the lawyer's duties to disqualify the lawyer or claim the former client's confidences?
The opinion concluded no; a lawyer's duties of confidentiality and loyalty run to the client, not to a stranger who later succeeds to the client's substantive rights, so the successor cannot disqualif…
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 one lawyer represent both the buyer and the seller in a real estate transaction if both consent after full disclosure?
The opinion concluded that dual representation of an arm's-length buyer and seller is generally improper even with consent, because it is rarely obvious one lawyer can adequately represent both; in th…
Can a lawyer who sits on a not-for-profit association's board also represent the association, including suing fellow members for unpaid dues?
The opinion concluded the lawyer may represent the association if he abstains from any board vote on his own employment, guards the client's confidences, and, because he is also a dues-paying member, …
Can a lawyer routinely file collection suits in a county where the lawyer knows venue does not properly lie?
The opinion concluded no; knowingly filing actions in a county where the lawyer knows venue is improper, with no argument to support it, violated the Code's bars on false statements of law or fact and…
Can a lawyer threaten to file a disciplinary complaint against an opposing party who is a lawyer in order to coerce a favorable settlement of a civil case?
The opinion concluded that a lawyer should not threaten disciplinary action against a party who is a lawyer to gain an advantage in a civil matter; doing so subverts both the disciplinary system and t…
Can a law firm an insurer hired to defend its insured also bring a separate declaratory-judgment action, for the insurer, to make other insurers cover that same insured?
The opinion concluded yes, with consent; where the insurer will not contest its own coverage so the insured is protected either way, the firm may both defend the insured and pursue the declaratory act…
Can a city's part-time corporation counsel, or the lawyer's firm, defend people charged under state statutes when the conduct is also a city ordinance violation prosecuted with city police support?
The opinion concluded no; the corporation counsel and the lawyer's firm are disqualified from defending such charges, and the city cannot waive the conflict because the matters are substantially relat…
Does representing a police officer in a disciplinary case bar a lawyer from later defending criminal cases investigated by that department or officer?
The opinion concluded no, where the matters are unrelated and the lawyer gained no confidential information usable against the former client; a concluded one-time representation of the officer did not…
Can a lawyer representing one spouse in a divorce draft an appearance for the unrepresented spouse to sign and then file it?
The opinion concluded yes; a lawyer may draft and submit an appearance for the unrepresented opposing spouse, and later file the signed form, so long as the lawyer gives that spouse no advice about th…
After suing to collect on a bounced check, can the lawyer refer it to the prosecutor or threaten criminal charges to pressure the debtor into paying?
The opinion concluded the lawyer may return the check and tell the client of the client's own right to file a criminal complaint, but may not present or participate in presenting criminal charges to g…
Can a collection lawyer have the client or its billing vendor type a demand letter on the lawyer's letterhead, where the lawyer writes, reviews, and personally signs it?
The opinion concluded there is no per se impropriety; because the lawyer writes the letter, checks it for accuracy, and personally signs it, having the client or a vendor type it on the letterhead is …
Can a lawyer sign a confession of judgment for the defendant when a partner in the same firm represents the plaintiff?
The opinion concluded no; the plaintiff's lawyers have a financial interest in the confession of judgment, so neither they nor their firm may represent the defendant, because one firm cannot adequatel…
Can a lawyer who won property for a divorce client later represent that client's new spouse in a divorce that would strip away the same property?
The opinion concluded no; the lawyer should decline, because attacking the property the firm had earlier secured for the former client would injuriously affect her in the very matter the firm once han…
Can lawyers in a firm defend criminal cases in a county where their partners serve part-time as prosecutors on unrelated juvenile matters, and can the public entity consent?
The opinion concluded yes with informed consent of each client, and held that a public entity is not categorically barred from consenting where partners of a part-time public lawyer take unrelated mat…
Can a lawyer hire, or have a client hire, a witness-finder agency whose fee is contingent on the case outcome, even though the expert's own fee is fixed?
The opinion concluded no; paying a witness-finder agency a fee contingent on the outcome is an improper circumvention of the bar on outcome-contingent witness compensation, even though the expert's ow…
Can a part-time assistant state's attorney who handles only civil matters, and the lawyer's firm, defend criminal cases in other counties?
The opinion concluded yes; where the lawyer's public work is confined to civil matters and the firm does no criminal work in that county, the lawyer and partners may defend criminal cases arising in o…
Can two part-time assistant public defenders who share office space and a secretary represent codefendants with conflicting interests in the same case?
The opinion concluded there is no per se bar; the two may represent conflicting codefendants if each discloses the arrangement, obtains consent, and can give undivided loyalty, but they may not use th…
Can a lawyer take an unrelated case against the spouse of a former client, when the spouse was not the lawyer's client?
The opinion concluded yes; nothing bars representing a client against a former client's spouse in an unrelated matter, so long as the lawyer need not use the former client's confidences and the former…
Can a lawyer bill clients for computerized legal research like Lexis or Westlaw, and may a firm use a cost formula to do it?
The opinion concluded a lawyer may charge clients for computerized legal research as an itemized expense using a formula that reasonably reflects the firm's actual cost, or may instead absorb it into …
Can a law firm give a client blank firm letterhead signed by an attorney for the client to use in its own debt collection?
The opinion concluded no; furnishing a client blank or unaddressed letters signed by a firm lawyer for unsupervised use in debt collection assists the unauthorized practice of law, because lay persons…
Can a lawyer advise a client, prepare the pleadings, and file documents while presenting the client as pro se, but refuse to appear in court for them?
The opinion concluded no; advising and ghostwriting for a client cast as pro se to avoid the lawyer's own court appearances, while the lawyer remains of record, falls short of the duties owed to the c…
Can a lawyer send a contractually required notice directly to the opposing party in a real estate deal when that party may be represented by a lawyer?
The opinion concluded yes; the lawyer may send the seller the notice the contract requires directly, because the contract authorizes it, but may not go beyond that notice if the seller is in fact repr…
Can a lawyer who is also a CPA run a law practice and an accounting practice from the same office, sharing a receptionist, clerical worker, and reception area?
The opinion concluded yes; after the 1984 repeal of the Code provision that forced physical separation of dual practices, a lawyer-CPA may practice both from one office and share staff, subject to the…
Can a firm run a separate practice area under a different name, or set up an owned-and-controlled satellite firm, without disclosing that its lawyers belong to the original firm?
The opinion concluded no; lawyers in a firm may not hold themselves out as practicing independently or under a non-existent firm name, because that misleads the public about who they are dealing with.
Can a lawyer sponsor a sports team and have the sponsorship, including the lawyer's name and firm, publicized in connection with the team?
The opinion concluded yes; an attorney may sponsor an athletic team and publicize that sponsorship, including the firm name, as a permitted form of lawyer advertising, modifying an earlier opinion tha…
Can a lawyer represent a company as a client while personally owning and running a competing company?
The opinion concluded only with the client's consent after full disclosure; a lawyer who is a principal shareholder and officer of one corporation may not represent a competing corporation absent full…
Can a lawyer who worked on or contributed to a judge's election campaign appear before that judge?
The opinion concluded yes; a lawyer who contributed to or helped run a judge's election campaign is not precluded from later appearing before that judge, and need not disclose the campaign activity to…
Can a law firm keep showing its former name on letterhead or in ads after a named partner is suspended from practice?
The opinion concluded no; a firm may not show on its letterhead or in a Yellow Pages ad that it was formerly known by a name including a suspended lawyer's name, because the public is likely to be mis…
Can a law firm build a network of independent-contractor attorneys it is contractually bound to feed work, and label them 'of counsel' or 'affiliates'?
The opinion concluded no; a plan contractually committing a firm to obtain and subcontract work to independent attorneys is not sanctioned by the fee-division rule, undermines the affiliates' independ…
Can a law firm require a departing lawyer to share fees later earned from clients who follow that lawyer to a new practice?
The opinion concluded no; a clause forcing a withdrawing lawyer to pay the firm a percentage of fees from former firm clients who later hire that lawyer divides fees without a proportionate division o…
Can a lawyer who is also a real estate broker, or his law partner, act as the lawyer in a deal where the lawyer earns a brokerage commission?
The opinion concluded not without informed consent; the lawyer-broker's commission gives him a financial interest that may impair his judgment, so neither he nor his associate may represent a party to…
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 who was an associate, not a partner, of a now-deceased lawyer name the new firm after both of them?
The opinion concluded no; because the associate and the deceased lawyer were never partners and no such firm existed before the death, a name combining both falsely implies a prior partnership and suc…
Can a criminal defense lawyer agree that the fee for the criminal case will be paid only out of any recovery in a related civil rights case?
The opinion concluded yes; because the criminal fee turned on the outcome of the related civil action rather than on the criminal charge itself, it was not a prohibited contingent fee in a criminal ca…
Can a law firm represent a personal injury plaintiff when one of its lawyers was an assistant state's attorney while related criminal charges against the defendant were pending, but had no role in the prosecution?
The opinion concluded yes; because the former prosecutor had no personal and substantial role in the criminal case, he was not disqualified under the former-government-lawyer rule, and his firm was no…
Is it a conflict of interest for a lawyer who sits on a county board to also represent the State as a special assistant attorney general in condemnation cases in that county?
The opinion concluded there is no per se conflict, so long as the condemnation matters are against private landowners and do not involve the county itself; only if the county were a party would a conf…
Can a criminal defense lawyer tell the court that privileged information shows the defendant is innocent, when that information is not admissible evidence?
The opinion concluded no; a lawyer may not try to influence a court by disclosing inadmissible privileged client information, and doing so breaches both the duty of confidentiality and the duty not to…
Can an assistant state's attorney who handles all of a county's family court matters also represent private divorce clients in that same county?
The opinion concluded no; an Assistant State's Attorney responsible for all of a county's family court matters may not privately represent clients in marriage dissolution cases in that same county, wh…
Can a lawyer use a paid Welcome Wagon service, or in-person visits, to deliver advertising to new residents and newlyweds?
The opinion concluded that after a 1984 rule amendment a lawyer may mail labeled advertising to the general public, but may not deliver it in person and may not pay a Welcome Wagon service to deliver …
Can a lawyer use a Welcome Wagon service or targeted mailings to solicit newcomers, newlyweds, and new parents?
The opinion concluded that a lawyer may not solicit a targeted group of individuals, in person or by mail, directly or through a Welcome Wagon service, but may place generalized advertising in a newsp…
Can a part-time municipal prosecutor who handles traffic cases in the city also defend traffic and criminal cases arising outside city limits?
The opinion concluded yes; because the municipal attorney's prosecutorial authority is limited to violations occurring within the municipality, he may privately defend traffic and criminal cases for o…
Can a lawyer who represents a corporation in bankruptcy also file a workers' compensation claim for a former employee injured working for that corporation?
The opinion concluded no; a lawyer representing a corporation in bankruptcy may not simultaneously pursue a workers' compensation claim for a former employee arising from the corporation's employment,…
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 …
Must a seller's lawyer who is a member of a bar-related title insurer get the buyer's consent before placing the title insurance with that insurer?
The opinion concluded no; the seller's attorney owes the disclosure-and-consent duty only to his own client, the seller, not to the non-client purchaser, so the buyer's consent is not required to plac…
Can one partner represent a corporation's sole shareholder while another partner in the same firm represents someone the corporation is suing?
The opinion concluded no; a firm representing a corporation's sole shareholder may not also represent a defendant the corporation is suing, because the shareholder-client's financial interest in the c…
Can a lawyer who takes referrals from an organization pay that organization for clerical or paralegal help, or make regular contributions to it?
The opinion concluded no; a lawyer may not, as part of a referral arrangement, pay a referring organization for its clerical or paralegal services, and may not make periodic contributions to it, becau…
Can a lawyer represent another lawyer in the other lawyer's own case while the two regularly oppose each other on behalf of their clients?
The opinion concluded yes; one lawyer may represent another, even though they are frequently adverse on behalf of clients, provided both make full disclosure to the affected clients and obtain their c…
Can a lawyer's firm represent a public planning commission on which the lawyer serves as a voting member and committee chair?
The opinion concluded a conflict exists; a lawyer who is a voting member of a public regional planning commission, and his firm, may not also represent the commission as its attorney, and because a pu…
Can a lawyer who represents the executor or administrator of an estate also sign as surety on the personal representative's bond?
The opinion concluded it is improper; a lawyer representing the personal representative of an estate may not act as surety on that representative's bond, because the surety role guarantees the client …
Can a lawyer represent a buyer or seller referred by the lawyer's spouse, who is the real estate broker in the same transaction?
The opinion concluded the spousal relationship is not a per se conflict; the lawyer may take the representation after fully disclosing the relationship and obtaining the client's consent, absent other…
After a former presiding judge enters private practice, which matters from the bench is he disqualified from handling, and does that disqualify his firm?
The opinion concluded a former judge is disqualified from any matter in which he acted judicially on the merits, but not from matters he only assigned in an administrative capacity; he is also barred …
Can a law firm that jointly represented a trade association and its members later sue the association for some members over a matter from that same representation?
The opinion concluded not without a waiver from every affected client; a firm that jointly represented a trade association and individual members may not later sue the association on some members' beh…
Can a lawyer who serves as a state legislator and works only intermittently with a firm be held out as 'of counsel' to that firm?
The opinion concluded a legislator whose continuing relationship with a firm satisfies the traditional 'of counsel' test may be held out as 'of counsel,' even though he is not 'actively and regularly'…
Can a law firm give clients pens imprinted with the firm name, address, phone number, and practice areas?
The opinion concluded a firm may distribute nominal-value imprinted pens, treating it as permitted advertising, provided an individual lawyer's name appears on the pen; it overruled earlier opinions t…
Can a lawyer keep a small fee a title insurance company pays for furnishing 'back title evidence' when applying for the client's title insurance?
The opinion concluded the lawyer may not keep the commission; it must be disclosed to the client and credited or remitted to the client, because retaining it would be an unreasonable, arbitrary fee, t…
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.