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Table of Contents

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Chapter 1 — Practicing Ethically

I. [1.1] Introduction

II. [1.2] ARDC and Regulatory System

[1.3] Initiation of Investigation and Responding to a Grievance

Formal Disciplinary Process

[1.4] Inquiry Board

[1.5] Hearing Board

[1.6] Review Board

[1.7] Supreme Court

III. [1.8] Attorney-Client Relationship

[1.9] Be Selective in Taking on New Clients

[1.10] Establish Effective Communication System

[1.11] Provide Status Reports

[1.12] Respond to Client’s Request for Information

[1.13] Memorialize Important Communications in Writing

[1.14] Keep Client Communications Secure

Fulfill the Duty of Confidentiality

[1.15] In General

[1.16] Deal Ethically with Client Fraud or Perjury

[1.17] Develop Efficient System for Record Keeping and File Retention

Be Aware of Ramifications of Fee and Billing Practices

[1.18] Fee Agreement

[1.19] Requirements for All Types of Fee Agreements

[1.20] Taking Stock in Payment for Fees

[1.21] Referral-Fee Arrangements

[1.22] Reciprocal Referral Arrangements

[1.23] Billing Process

[1.24] Third Person Paying the Fees

[1.25] Trust Accounts

[1.26] Be Sensitive to Potential Conflicts

[1.27] Concurrent Client Situations

[1.28] Multiple Representation

[1.29] Former Clients

[1.30] Business Transactions with Clients

Be Alert to Duty To Report Professional Misconduct

[1.31] In re Himmel

[1.32] Elements of Duty To Report Lawyer Misconduct

[1.33] Reporting Misconduct

[1.34] Personal Misconduct

IV. Maintaining Your License

[1.35] Registration Requirement

[1.36] Trust Account Reporting

[1.37] Lawyer Malpractice Insurance Disclosure

[1.38] Pro Bono Service and Contributions Report

[1.39] Law Firm Aggregate Reporting

[1.40] Failure To Disclose Registration Information

[1.41] MCLE Requirements

V. [1.42] Conclusion

VI. [1.43] Appendix — Resources

[1.44] Internet Resources

[1.45] Caselaw on Lawyer Discipline

[1.46] Ethics Advisory Opinions

[1.47] Other Publications on Legal Ethics

[1.48] Supreme Court Agencies

[1.49] Excerpts from the Rules of Professional Conduct of 2010

Sample Record-Keeping Account Forms for Client Trust Accounts

[1.50] Trust Account Receipts Journal

[1.51] Trust Account Disbursements Journal

[1.52] Trust Account Client Ledger Page

[1.53] Trust Account Checkbook Register

[1.54] Trust Account Monthly Reconciliation Report

[1.55] Trust Account Record Retention Checklist

Authors

Mary F. Andreoni
Mary F. Andreoni
Mary F. Andreoni is Ethics Education Senior Counsel for the Illinois Attorney Registration & Disciplinary Commission, in Chicago, where she focuses her practice on legal ethics and professional responsibility. Ms. Andreoni is a member of the Chicago Bar Association and Former Chair of the Chicago Bar Association Professional Responsibility Committee. She is also Liaison to the Illinois Commission on Professionalism CLE Advisory Group. Ms. Andreoni received her B.A. magna cum laude from Loyola University Chicago and her J.D. from Loyola University Chicago School of Law, where she also wrote for the Loyola University Chicago Law Journal.

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Elements of Illinois Law: Practicing Ethically 2020 Edition

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