Could an Illinois judge negotiate with an insurer as legal adviser for an adult son?
Apply this to your situation
This page answers the general question as of 1995. 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 judge’s adult son disputed an insurer’s refusal to provide coverage under a policy tied to former dependent status. The judge wanted to tell the insurer about legal obligations and sanctions.
The Committee said representing the son in negotiations with the insurer would amount to law practice under former Rule 65F, with no family-member exception. Recasting the work as mediation or arbitration did not make it permissible under Rule 65E.
The opinion distinguished incidental legal discussion within a family and negotiation of the judge’s own policy if the son were still a minor and the policy belonged to the judge.
Currency note
This opinion was issued in 1997 under the 1993 Illinois Code of Judicial Conduct. The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Could the judge negotiate with the insurer for an adult son?
A: No. The Committee treated that third-party advocacy as law practice.
Q: Would calling the work mediation change the answer?
A: No. The opinion said that characterization would also be prohibited.
Q: Were ordinary family discussions barred?
A: No. The Committee allowed incidental discussion of legal matters with close family members.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 65D, 65E, and 65F to family fiduciary roles, mediation, and law practice. It cited IJEC Opinion 94-2 for the meaning of law practice.
Citations and references
- Illinois Supreme Court Rules 65D, 65E, and 65F.
- IJEC Opinion 94-2.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1995-19
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