in illinois can a lawyer tell another lawyer who he is representing

Rule 4.2 states “ [i]n representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.”

Full Answer

Can a lawyer go to court for someone else in Illinois?

ISBA Ethics Opinions on Lawyer as Witness. Lawyer likely to be disqualifited as necessary witness at trial may continue to repreesent client up until trial : Opinion # 11-06. Representing plaintiff and testifying to conversations with defendant : Opinion # 93-07. Testimony related to collection of attorney fees : Opinion # 92-13.

Can a lawyer tell a client who he represents?

Rule 1.7(b) of the IRPC prohibits an attorney from representing a client if the representation would be materially limited by the lawyer's responsibilities to other persons or by the lawyer's own interests unless the lawyer reasonably believes the representation would not be adversely affected and the client consents after consultation.

Can a person represent themselves in court without a lawyer?

Nov 28, 2016 · Only lawyers can go to court for someone else. It’s the law. The Illinois Attorney Act says: “No person shall be permitted to practice as an attorney or counselor at law within this State without having previously obtained a license for …

How does the Illinois Attorney Act protect the public?

Tell your lawyer that you want to end the relationship. Once you have made the decision to fire your lawyer, send a letter to your lawyer clearly stating that you are ending the relationship and asking the lawyer to stop work on any of your matters. Send the letter through certified or registered mail so that you have proof that your lawyer ...

Can lawyers talk about their cases with other lawyers?

Can a lawyer contact the other party?

Can two lawyers represent each other?

Can a lawyer mislead their opponent?

When can a lawyer communicate about a legal matter with someone who already has a lawyer?

Can I communicate directly with opposing counsel?

What is a conflict waiver?

Can two lawyers represent the same client?

Can my lawyer friend represent me?

What is the no contact rule for lawyers?

What lawyers should not do?

Can I sue a lawyer for lying?

Can a state attorney prosecute a case if the sister of the state attorney represents the defendant?

It is not per se improper for a state's attorney to prosecute a criminal matter in which the sister of the state's attorney represents the defendant. Illinois has not adopted the ABA Model Rule 1.8 (i), which prohibits the representation unless the client has consented after consultation about the relationship, or ABA Criminal Justice Standard 3-1.3, which prohibits a prosecutor from participating in a case if his parent, child, sibling or spouse represents the defendant. Given the delicacy of the situation, the attorney should follow carefully Rule 1.7 (b) of the IRPC that requires the prosecutor to decline representation if his relationship with the adverse counsel would adversely affect his representation. If the lawyer reasonably believes the representation would not be adversely affected, Rules 1.7 (b) and 1.4 (b) require client consent after careful disclosure.

Can a state attorney communicate with a judge?

It is improper for a state's attorney to communicate ex parte with a judge to obtain an emergency stay of a bail reduction order, except as allowed by law. In the facts presented, after a bail reduction hearing is heard and granted and defendant is in the process of posting bail, the state's attorney learned of further information bearing on the amount of bail, including that the defendant had threatened harm to the victim if released. The state's attorney tells the judge, ex parte, that previously unknown information had been discovered and seeks a stay so that an emergency motion to reconsider can be heard. The stay is granted and the state's attorney is directed to notify the defense counsel. The hearing is held and the original amount of bail was restored.

Is it a per se conflict of interest for a part time assistant state attorney?

It is not a per se impermissible conflict of interest for a part-time assistant state's attorney, who primarily is responsible for civil matters, or members of his firm, to represent defendants in criminal matters where the violations occurred in counties other than the county where the attorney serves as assistant state's attorney.

Is it improper for a state attorney to communicate with a minor under court supervision?

It is improper for a state's attorney to communicate with a person, a minor under court supervision in a juvenile court action, regarding other parties to the incident without prior consent of the minor's attorney. The opinion notes that the matter involving the minor is still pending and rejected the argument that the "matter" which was the subject of the communication was outside the matter concerning the minor because it concerned other defendants.

Can an assistant state attorney prosecute a criminal action against a former employee?

It is improper for an assistant state's attorney to prosecute a criminal action for abuse of patients against a former employee of a county-operated care facility while also representing the county facility in a civil suit filed by a third party for injuries allegedly resulting from the conduct of the former employee, even if the state's attorney's office is not representing the former employee in the civil suit. An impermissible conflict of interest may arise because the state's attorney may have to take inconsistent positions in the two suits: e.g. in the criminal suit, the state's attorney must prove that the former employee committed the abuse, while in the civil suit, the state's attorney may have to argue that the employee did not commit abuse. If the assistant state's attorney has already been involved in both actions, the entire state's attorney's office may have to withdraw from both matters.

Is it improper for a state attorney to offer court supervision on a DUI charge?

It is not improper for a state's attorney to offer court supervision on a DUI charge only if the defendant agrees to dismiss the civil proceeding to rescind a statutory summary suspension (a statutorily based suspension of driver's license related to the DUI). Generally Rule 7-105 of the ICPR (predecessor to Rule 1.2 (d) and (e) and 3.3 (a) (7) of the IRPC) prohibits threats of criminal charges to coerce adjustment of a civil, private, claim. Here the criminal charges are already pending, and the civil proceeding does not involve private claims, but rather the public interest in safety on public streets. In this situation, the conditional plea agreement does not prejudice the administration of justice and is not improper provided the defendant is adequately informed of the consequences of the plea agreement.

Can a state attorney withdraw a plea bargain?

However, a state's attorney cannot withdraw a plea bargain agreement because the defense counsel made critical comments regarding the offer to a third person. The prosecutor's decision to renege on the agreement for personal reasons violates Rule 1.2 (f) of the IRPC, which prohibits a lawyer from asserting a position when such action would serve merely to harass or maliciously injure another; Rule 3.3 (a), which prohibits a lawyer from engaging in conduct in violation of the Rules; and Rule 8.4 (a) (5), which prohibits a lawyer from engaging in conduct prejudicial to the administration of justice.

Can you represent yourself in court?

In court cases, you can either represent yourself or be represented by a lawyer.

What is the Attorney Act?

In 1839, the Illinois Supreme Court said the Attorney Act protects the public “against the practices of those who might seduce their confidence and induce them to trust the latter in the management of important interests.”. The court thought that the public was vulnerable to “the mistakes, the ignorance and unskillfulness of pretenders.”.

What to do before firing a lawyer?

Before you fire your lawyer, you should read the agreement to see if there are any instructions on how to end the relationship with your lawyer. If the agreement contains those instructions, you should follow them. You should also read the agreement to see what kind of fee arrangement you have. Even if you fire your lawyer, you will still owe your ...

How to terminate a relationship with a lawyer?

Tell your lawyer that you want to end the relationship. Once you have made the decision to fire your lawyer, send a letter to your lawyer clearly stating that you are ending the relationship and asking the lawyer to stop work on any of your matters .

What is an engagement letter?

When you hired your lawyer, you likely signed an agreement with him or her. This agreement is called an engagement letter or fee agreement. Before you fire your lawyer, you should read the agreement to see if there are any instructions on how to end the relationship with your lawyer.

Can a lawyer disclose a client's information?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information. But if a client initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud in the future, the attorney-client privilege typically doesn't apply.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

What is attorney client privilege?

The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Can a lawyer communicate with another lawyer?

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Who said "He who represents himself has a fool for a client"?

The well-known old saying often credited to Abraham Lincoln states that “He who represents himself has a fool for a client.”. This article will not comment on the advisability of representing yourself in litigation, but will instead discuss the ethical issues that arise when an attorney is either a pro se litigant (representing him or herself) ...

What is Rule 4.2?

In conclusion, Rule 4.2 (or an analogous rule) likely restricts an attorney who is a pro se litigant from contacting or conversing with an adverse party represented by counsel about the subject matter of a pending litigation.

Do attorneys have to disclose their client's name?

In that case, the attorney doesn't need to disclose the name of the client. However, your situation sounds a little suspicious.

Do attorneys have to disclose anything?

An attorney does not have to disclose anything to you. what makes you think so who, other than Obama goes around forcing people to do things they don't care to do?

Is a lawyer's communication confidential?

Communications between an attorney and the attorney's client are confidential unless the client waives the privilege. There are, however, many exceptions. Since you did not mention having any exceptional legal relationship to the client or the client's attorney, the answer most likely is no. Report Abuse.

Do you have to disclose who your client is?

There is no requirement that an attorney disclose who his client is, under most circumstances. You are right, it is very unusual for an attorney to call and not disclose who his client is. However, it can occur. However, you are under no obligation to answer any questions either.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

What is the obligation of a real attorney?

A "real attorney" has an obligation to maintain client confidentiality and not tell any Tom, Dick or Harry who s/he represents unless the client has specifically authorized them to do so.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

Can an attorney represent you in a lawsuit?

For example, if you want to sue your neighbor, but an attorney also represents your neighbor’s business, the attorney cannot simultaneously represent you in your lawsuit.

Why do clients come to lawyers?

Clients put a great deal of faith in their lawyers. As with doctors, clients come to attorneys for serious problems—problems that they cannot solve on their own, thus putting them in a potentially vulnerable position.

What is attorney-client privilege?

The attorney-client privilege means that generally the attorney (and all personnel in the attorney's office) can't reveal confidential information the client conveys to the attorney in the course of representation or when seeking ...

What is competence in law?

Competence. You are entitled to competent representation by the attorney. Competency requires both intelligence and experience on the part of the attorney. There are ethical rules that prohibit an attorney from taking a case that is frivolous (lacks merit) or is intended to harass another person.

What is competent representation?

You are entitled to competent representation by the attorney. Competency requires both intelligence and experience on the part of the attorney. There are ethical rules that prohibit an attorney from taking a case that is frivolous (lacks merit) or is intended to harass another person.

What is a contingent fee?

Some charge what are called "contingent fees," which means the attorney will get a percentage of any recovery the client receives (and nothing if the client's case is lost, except for expenses such as court filing fees, costs of deposing (interviewing) witnesses, and so on).

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.