MCLE
CREDIT
Total General: .50 Total Professional Responsibility: .50
It is important for Illinois lawyers to know the Rules related to personal interest conflicts as such conflicts undermine the attorney-client relationship and could result in malpractice liability or professional discipline. This
module will help you identify personal conflicts of interest, including material limitation conflicts pursuant to Rule 1.7(a)(2) and recurring personal interest conflicts pursuant to Rule 1.8. Additionally, this module will help you determine if informed consent can cure such conflicts.
In this module, you will:
In this module, you will:
- Learn the ethics rules that govern personal interest conflicts and whether informed consent can cure such conflicts;
- Apply these rules to different scenarios; and
- Reflect on how you identify and address personal interest conflicts.
RESOURCES:
Sample Forms
ISBA Advisory Opinions
Available at https://www.isba.org/ethics.
These opinions are based on the ABA Model Rules. The laws, court rules, regulations, rules of professional conduct, and opinions promulgated in individual jurisdictions are controlling. See ABA Jurisdictional Rules Comparison Charts (comparing each jurisdiction's rules with the ABA Model Rules).
Sample Forms
- Conflicts of Interest Self-Assessment
- Conflict of Interest Search Form
- Sample Conflict of Interest Waiver – Waiver Letter to Former Client
- Non-Engagement Letter – Conflict of Interest
- Waivers/Consents from Freivogel on Conflicts
ISBA Advisory Opinions
Available at https://www.isba.org/ethics.
ISBA Advisory Opinions on Professional Conduct do not have the weight of law and do not constitute legal advice.
- Ethics Opinions on Conflict of Interest – Personal Interests
- Preparing testamentary documents that give the preparing lawyer a substantial gift (ISBA Op. 18-04, May 2018)
- Lawyer's cross examination of spouse (ISBA Op. 11-04, Mar. 2011)
- Lawyer serving on Board of Directors of insurance reinsurer and representing its customers (ISBA Op. 02-01, Oct. 2002)
- Lawyer for corporation related to corporate president and principal shareholder (ISBA Op. 95-01, July 1995)
- Married lawyers representing differing interests (ISBA Op. 90-24, Mar. 9, 1991)
These opinions are based on the ABA Model Rules. The laws, court rules, regulations, rules of professional conduct, and opinions promulgated in individual jurisdictions are controlling. See ABA Jurisdictional Rules Comparison Charts (comparing each jurisdiction's rules with the ABA Model Rules).
Credits:
Content Contributor: James J. Grogan, Former Deputy Administrator and Chief Counsel, ARDC
Video Presenter: Amanda J. Hamilton, Attorney, Konicek & Dillon P.C.
Content Contributor: James J. Grogan, Former Deputy Administrator and Chief Counsel, ARDC
Video Presenter: Amanda J. Hamilton, Attorney, Konicek & Dillon P.C.
