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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Illinois Legal Ethics

1.8   Rule 1.8 Conflict of Interest: Prohibited Transactions

1.8:100   Comparative Analysis of Illinois Rule

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8, Other Jurisdictions
Commentary: ABA/BNA Lawyers' Manual on Professional Conduct 01:121-01:123

1.8:101      Model Rule Comparison

IRPC 1.8(a) is Illinois Code 5-104(a), modified as to structure.

IRPC 1.8(b) is Illinois Code 5-104(b), substantially modified.

IRPC 1.8(c) is MR 1.8(c) exactly.

IRPC 1.8(d) is Illinois Code 5-103(b), with substantive modifications. IRPC 1.8(d) represents the traditional view of the bar, prohibiting maintenance; the Illinois Trial Lawyers Association has recommended removal of the prohibition, but as of October 1997 the Supreme Court has not changed the Rule. IRPC 1.8(d)(2) is a new permission with respect to financial assistance.

IRPC 1.8(e) is Illinois Code 5-106(a), modified.

IRPC 1.8(f) is the first portion of MR 1.8(h), modified to cover any liability claim against a lawyer.

IRPC 1.8(g) is the second portion of MR 1.8(h), modified to cover any liability claim against a lawyer.

IRPC 1.8(h) is new language, prohibiting a lawyer from inducing or contracting with a client or former client to prevent the filing of a disciplinary complaint.

IRPC 1.8(i) is Illinois Code 5-103(a), modified.

Most of the parallel ABA language was rejected. The MR in 1.8(a) required that the lawyer-client transaction be "fair and reasonable"; it was felt by the Illinois drafters that this would be a precept difficult to administer.

1.8:102      Model Code Comparison

[The discussion of this topic has not yet been written.]

1.8:200   Lawyer's Personal Interest Affecting Relationship

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(a), Other Jurisdictions
Commentary: ABA/BNA § 51:501 et seq., ALI-LGL § 207, Wolfram §§ 7.6, 8.11

1.8:210      Sexual Relations with Clients

[The discussion of this topic has not yet been written.]

1.8:220      Business Transactions with Clients

[The discussion of this topic has not yet been written.]

1.8:300   Lawyer's Use of Client Information

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(b), Other Jurisdictions
Commentary: ABA/BNA §§ 55:501-55:2001 , ALI-LGL §§ 113-117A, Wolfram § 6.7

1.8:400   Client Gifts to Lawyer

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(c), Other Jurisdictions
Commentary: ABA/BNA § 51:601, ALI-LGL § 208, Wolfram § 8.12

1.8:500   Literary or Media Rights Relating to Representation

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(d), Other Jurisdictions
Commentary: ABA/BNA § 51:701, ALI-LGL § 48, Wolfram § 9.3.3

1.8:600   Financing Litigation

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(e), Other Jurisdictions
Commentary: ABA/BNA § 51:801, ALI-LGL § 48, Wolfram § 9.2.3

1.8:610      Litigation Expenses

[The discussion of this topic has not yet been written.]

1.8:620      Living and Medical Expenses

[The discussion of this topic has not yet been written.]

1.8:700   Payment of Lawyer's Fee by Third Person

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(f), Other Jurisdictions
Commentary: ABA/BNA § 51:901, ALI-LGL §§ 215, 216, Wolfram § 8.8

1.8:710      Compensation and Direction by Third Person

[The discussion of this topic has not yet been written.]

1.8:720      Insured-Insurer Conflicts [see also 1.7:315]

[The discussion of this topic has not yet been written.]

1.8:730      Lawyer with Fiduciary Obligation to Third Persons [see 1.13:520]

[The discussion of this topic has not yet been written.]

1.8:800   Aggregate Settlements

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(g), Other Jurisdictions
Commentary: ABA/BNA § 51:375, ALI-LGL § 209, Wolfram § 8.15

1.8:900   Agreements Involving Lawyer's Malpractice Liability

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(h), Other Jurisdictions
Commentary: ABA/BNA § 51:110l, ALI-LGL § 76, Wolfram § 5.6.7

1.8:910      Prospective Limitation of Malpractice Liability

[The discussion of this topic has not yet been written.]

1.8:920      Settlement of Legal Malpractice Claim

[The discussion of this topic has not yet been written.]

1.8:1000   Opposing a Lawyer Relative

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(i), Other Jurisdictions
Commentary: ABA/BNA § 51:1301, ALI-LGL § 203, Wolfram § 7.6.6

1.8:1100   Lawyer's Proprietary Interest in Subject Matter of Representation

Primary Illinois References: IL Rule 1.8
Background References: ABA Model Rule 1.8(j), Other Jurisdictions
Commentary: ABA/BNA § , ALI-LGL §§ 47, 53, 55, Wolfram §§ 8.13, 9.6.3

1.8:1110      Acquiring an Interest in Subject Matter of Representation

[The discussion of this topic has not yet been written.]

1.8:1120      Contingent Fees [see also 1.5:600]

[The discussion of this topic has not yet been written.]

1.8:1130      Lawyer Liens

[The discussion of this topic has not yet been written.]

1.8:1140      Retention of Files to Collect Fees

[The discussion of this topic has not yet been written.]