What must a newly appointed Illinois judge do with former clients’ files and unearned fees?
Apply this to your situation
This page answers the general question as of 1994. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A sole practitioner appointed as an associate judge was winding up the law practice and asked about client files, a yearly retainer, and fees earned before taking the bench.
The Committee applied former Illinois lawyer Rule 1.16(d) to require delivery of client files and property to the client or a designee. If the client could not be located, the file could be held only as a custodian until contact was made.
Under Rule 1.16(e), the judge had to refund the unearned part of a yearly retainer for service that could no longer be provided. The Committee also said the judge could receive later payment for work completed and billed before judicial service, despite the former Code’s restrictions on practicing law as a judge.
Currency note
This opinion was issued in 1994 under the 1993 Illinois Code of Judicial Conduct. The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code. Treat this page as historical context and verify the current Code before relying on its analysis.
Common questions
Q: Who received former clients’ files?
A: The client or the client’s designee; if unlocatable, the file could be held as custodian until the client was found.
Q: Could the judge keep a full yearly retainer?
A: No. The Committee required refund of the unearned part.
Q: Could the judge collect an old bill after taking the bench?
A: Yes, for legal work already completed and billed as a lawyer.
Background and rules framework
The opinion applied then-current Illinois Rules of Professional Conduct 1.16(d) and (e) to withdrawal and return of property and fees. It considered former judicial Rules 65F and 66 in distinguishing previously earned fees from new legal work.
Citations and references
- Illinois Rules of Professional Conduct 1.16(d) and (e); Illinois Supreme Court Rules 65F and 66.
- O’Hara v. Ahlgren, 127 Ill.2d 333, 537 N.E.2d 730 (1989).
- IJEC Opinion 94-15.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1994-12
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