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…
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 a lawyer not licensed in Illinois represent an Illinois business on transactional and IP matters, and does associating with an Illinois lawyer cure any UPL concern?
The opinion concludes that a non-Illinois lawyer may advise an Illinois business under Rule 5.5(c) if one of its temporary-practice exceptions applies (notably 5.5(c)(1)'s association with an actively…
When an Illinois lawyer moves from partner to a continuing relationship with the firm, may the firm use 'senior counsel,' 'special counsel,' or 'counsel' instead of 'of counsel' to describe the lawyer?
The opinion concludes yes. Illinois Rule 7.5(a) (read with Rule 7.1) permits any of those terms to describe a lawyer who has a close, regular, and continuing relationship with the firm. The opinion wa…
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…
May an Illinois law firm's shareholder agreement require a departing partner (or that partner's new firm) to share 15% of fees generated at the new firm from clients originated by a retired partner of the old firm?
The opinion concludes no. Such a provision would violate both Rule 1.5(e) (the conditions for fee-sharing across firms cannot be met because the retired partner is providing no legal services and ther…
May a Florida-admitted lawyer with no Illinois bar admission send a demand letter to an Illinois business on behalf of an Illinois-resident friend in an employment matter?
Per the opinion, no on these facts. The committee concludes that sending a demand letter to resolve an Illinois dispute is the practice of law in Illinois, and none of the temporary-practice exception…
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 self-represented lawyer contact an opposing party who is represented in the case but unrepresented in one role within it?
No. Rule 4.2's no-contact rule applies to a lawyer appearing pro se, and once a party is represented in a matter the lawyer may not contact them about anything in that matter, including a role for whi…
Can a lawyer take a referral fee from an investment advisor for sending the lawyer's clients to that advisor?
Not per se prohibited, but it creates a Rule 1.7 personal-interest conflict and is a business transaction with a client under Rule 1.8(a). The lawyer may proceed only after a case-by-case conflict ana…
Can a firm restructuring as a PLLC keep deceased and retired partners' names in its name, and who can be 'of counsel'?
Yes. After restructuring as a PLLC the firm may keep the deceased and retired partners' names where there has been a continuing succession in the firm's identity and the public is not misled; an 'of c…
Can an Illinois lawyer practice Illinois law, including appearing virtually in Illinois courts, while physically located in another state?
Yes. The Illinois Rules do not bar an Illinois-licensed lawyer from practicing Illinois law from a location outside Illinois, including virtual appearances in Illinois matters; the lawyer should check…
Can an Illinois lawyer pay to join a for-profit online service that matches consumers with lawyers?
Yes, on these facts, if the matches are automated without the service's discretion, the service does not endorse the lawyer, it stays out of any resulting representation, and the lawyer's fee is reaso…
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 …
Can an Illinois lawyer share fees with and pay a referral fee to an out-of-state lawyer who refers a personal-injury case?
Yes. An Illinois lawyer may enter a fee-sharing agreement with, and pay a referral fee to, an out-of-state referring lawyer in a personal-injury matter, so long as the agreement complies with Illinois…
Can a firm that is suing a company in one matter also take that company's referrals to represent its employees in unrelated immigration cases?
Only if the firm can satisfy Rule 1.7 and obtains informed consent from all affected clients. The unrelated-but-adverse posture creates a Rule 1.7(a)(2) conflict that is waivable only if the firm reas…
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…
Can a lawyer represent a surviving spouse both as estate administrator and individually in renouncing the will and claiming a spousal award?
Only with informed consent. A concurrent conflict exists under Rule 1.7(a)(2) because the spouse's individual claims are adverse to the beneficiaries the spouse owes fiduciary duties to; it is waivabl…
Can an out-of-state lawyer at an Illinois firm, awaiting Illinois admission, work from an Illinois office on her existing cases and on Illinois matters?
Yes. She may work from an Illinois office on cases in courts where she is admitted if those jurisdictions allow it (Rule 5.5(d)(2)), and may support the firm's Illinois matters under Illinois-lawyer s…
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…
When a client and a prior lawyer with a perfected lien both claim part of a settlement, what must the lawyer holding the funds do?
The lawyer must keep the disputed portion segregated in trust until the dispute is resolved by agreement or court order, distribute the undisputed shares, and may file an interpleader action to let a …
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 a named partner stops practicing law for a non-legal career, must the firm drop their name, and can it list them as 'Of Counsel'?
The firm may not hold the two out as a partnership once one stops practicing, and may not label that lawyer 'Of Counsel' without a continuing, regular relationship; a retired partner's name may stay i…
Can an Illinois lawyer's demand letter cite a statute's criminal penalties, and can it offer to drop criminal prosecution if the civil demand is paid?
Yes to accurately citing or attaching a statute that carries both civil and criminal liability; no to threatening criminal prosecution, or offering to forgo it, to gain an advantage in the civil matte…
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 a law firm give an unlicensed law school graduate first-year associate work before they pass the bar?
Yes. A supervised law school graduate awaiting admission may do most first-year associate work, except appearing in a legal proceeding, as long as neither the graduate nor the firm misrepresents the g…
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…
Can class counsel agree to pay the class representative extra out of court-awarded fees if the representative's recovery is less than full damages?
It is risky. The opinion concludes such an agreement creates a substantial risk of an unwaivable Rule 1.7 conflict between the representative and absent class members, and in some circumstances could …
Can a lawyer accept a substantial gift in a client's will if the lawyer does not prepare the will, and refer the client to another lawyer to draft it?
Yes. The opinion concludes Rule 1.8(c) lets a lawyer accept a substantial testamentary gift from an unrelated client so long as the lawyer neither solicits the gift nor prepares the document, and the …
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 firm use screening to avoid imputing one existing partner's conflict to another partner in the same firm?
No. The opinion concludes the Illinois screening rule applies only when a lawyer becomes newly associated with a firm; it cannot insulate existing firm members from each other's conflicts, so the conf…
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 one lawyer represent both the buyer and the seller in a real estate transaction, even if they are related and consent?
Almost never. The opinion concludes that representing a buyer is directly adverse to representing the seller under Rule 1.7, and the rare cases where dual representation could be proper depend entirel…
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…
Does a firm have a conflict representing a city when one of its paralegals is also a member of that city's council?
No. The opinion concludes the firm may keep representing the city; there is no direct adversity and no significant material-limitation risk under Rule 1.7, and the paralegal's council service is not f…
Is an of-counsel lawyer treated as part of the same firm for fee-splitting and conflict-of-interest purposes?
Yes. The opinion concludes an of-counsel lawyer in a close, regular, continuing relationship is in the same firm, so Rule 1.5(e)'s fee-division limits do not apply, but conflicts are imputed under Rul…
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 a lawyer deliberately not tell the court about binding authority so the court commits reversible error on appeal?
No. The opinion concludes that knowingly withholding controlling authority to manufacture reversible error violates Rules 3.3(a)(1) and 8.4(d). Lawyers who only read about the plan in an online discus…
Does an out-of-state law firm organized as a professional corporation have to register in Illinois if one shareholder practices there in the firm's name?
Yes. If an Illinois-admitted shareholder practices law in Illinois in the professional corporation's name, the firm must register with the Illinois Supreme Court under Rule 721 to be considered engage…
Can a law firm put a link to another business on its website?
Yes. The rules do not bar website links, but the lawyer must not link to a site with false or misleading information about the lawyer or the lawyer's services, and a reciprocal-referral arrangement tr…
Can a lawyer pay a referral fee or share fees with a nonprofit that referred a client?
Only court-awarded fees. A lawyer may share any portion of court-awarded fees with a nonprofit that referred the matter under Rule 5.4(a)(4), but may not share other fees or pay a referral fee unless …
What should a lawyer do with original client wills left behind when a trusts-and-estates partner leaves the firm?
The remaining lawyers must safeguard the original wills as client property, and if after a diligent search they cannot locate the testators, they should file the wills with the Illinois Secretary of S…
What does a lawyer do with leftover unidentified or unclaimed client funds in a trust account, and can the firm recover its own bank-fee deposit?
A firm may take back its own deposit once it is no longer needed for bank charges. Unidentified funds go to the Lawyers Trust Fund after one year; unclaimed funds with a known owner escheat to the Sta…
Can an out-of-state in-house patent lawyer practice before the USPTO from an Illinois office without an Illinois license?
Yes. Under Rule 5.5(d)(2)'s federal-practice exception, a USPTO-registered patent lawyer admitted in another state may do USPTO work from an Illinois office without a Rule 716 limited license, but onl…
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 lawyer wear clothing with the firm's logo and practice area during a TV interview?
Yes. Wearing firm-logo apparel on television is lawyer advertising governed by Rules 7.1 and 7.2; it is permitted as long as the information is truthful and not misleading and the firm name and locati…
Can a State's Attorney negotiate a labor contract with county police while also calling those officers as witnesses in criminal cases?
Yes, after a case-by-case Rule 1.7 conflict analysis. The two roles are generally not directly adverse, but the State's Attorney must check whether the criminal-witness relationships would materially …
Can a lawyer licensed only in another state mail solicitations to Illinois accident victims?
Yes, soliciting Illinois clients is not itself unauthorized practice after the 2010 Rule 5.5 changes, but the mailing must follow Illinois advertising rules: disclose the lawyer is not licensed in Ill…
Can a lawyer employed by a non-lawyer company represent the company's customers in their legal matters?
No. A staff attorney for a financial services company may not handle the customers' Social Security appeals: it creates a materially limiting conflict, risks assisting the company's unauthorized pract…
Can a prosecutor offer a plea deal directly to a defendant who has no lawyer?
Yes. A prosecutor may convey a plea offer to a pro se defendant before a court date, regardless of who initiated contact, but may only present the offer, not recommend it, and must disclose the prosec…
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.
Can a lawyer contact a represented government official directly to discuss a matter without the government attorney's consent?
Only for general policy issues. A lawyer may contact a represented government decision-maker about underlying policy without notice or consent, but may not contact them to settle or resolve the specif…
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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.