IL ISBA Ethics Opinions

ISBA Advisory Opinion 24-01: Illinois Local Counsel Ethical Duties for Out-of-State Criminal Cases

The Illinois State Bar Association issued Professional Conduct Advisory Opinion No. 24-01 addressing ethical duties of Illinois lawyers serving as local counsel for out-of-state lawyers in Illinois state court criminal matters. The opinion clarifies that while limited scope representation agreements are permitted, lawyers may only enter general appearances in criminal proceedings and remain fully subject to Illinois Rules of Professional Conduct regardless of any scope limitations in their agreement with the client or lead counsel.

Use of Counsel Designation Terms

The ISBA issued Professional Conduct Advisory Opinion No. 24-02, concluding that law firms may use the terms 'senior counsel,' 'special counsel,' 'counsel,' and 'of counsel' to designate lawyers with whom the firm has a close, regular, and personal relationship. The opinion clarifies that when a lawyer holds such a designation at multiple law firms, those firms are generally treated as a single firm for purposes of conflict-of-interest attribution and disqualification.

Opinion 25-02: For-Profit Client Referral Services Unethical

The Illinois State Bar Association issued Ethics Opinion 25-02 addressing whether attorneys violate professional conduct rules by accepting clients from for-profit third-party referral services. The opinion finds violations including money-back guarantees tied to case outcomes, fee-splitting with non-lawyers, failure to disclose non-attorney actors in advertising, and requiring client communication through the referral service's monitored online platform without confidentiality guarantees.

Lawyer May Continue as Special Counsel in Chapter 13 Bankruptcy

The Illinois State Bar Association issued Ethics Opinion No. 25-03 addressing whether a lawyer must withdraw as special counsel in a former client's Chapter 13 bankruptcy after the client terminated the lawyer. The opinion holds that under bankruptcy code and case law, the lawyer may continue representing the bankruptcy estate to pursue the uninsured motorist claim even after termination, as the claim is property of the estate under 11 U.S.C. § 541(a) and the former client's interests are not materially adverse to the estate.

ISBA Opinion on Lawyer Duties After Co-Counsel Removal from Master Roll for MCLE Noncompliance

The ISBA issued Ethics Opinion No. 26-01 addressing a lawyer's ethical duties upon learning that co-counsel has been removed from the Illinois Master Roll of Attorneys for failure to comply with MCLE requirements. The opinion holds that Lawyer 1 must first notify Lawyer 2 of the removal and inability to continue unless reinstated, then inform the client if Lawyer 2 fails to remedy the situation. The opinion clarifies no obligation to report to the ARDC unless Lawyer 2 continues practicing while removed, and no duty to notify the title company.