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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 CodeÊ5-104(a), modified as to structure.

IRPC 1.8(b) is Illinois CodeÊ5-104(b), substantially modified.

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

IRPC 1.8(d) is Illinois CodeÊ5-103(b), with substantive modifications. IRPCÊ1.8(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. IRPCÊ1.8(d)(2) is a new permission with respect to financial assistance.

IRPC 1.8(e) is Illinois CodeÊ5-106(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 CodeÊ5-103(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

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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

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1.8:220      Business Transactions with Clients

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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

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1.8:620      Living and Medical Expenses

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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

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

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

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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

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1.8:920      Settlement of Legal Malpractice Claim

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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

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

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1.8:1130      Lawyer Liens

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1.8:1140      Retention of Files to Collect Fees

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