that “the person requesting the records shall
reimburse the attorney for all reasonable
expenses . . . incurred by the attorney . . .”
and providing guidelines and maximum
amounts that the attorney may charge.
The ABA Opinion recommends that
attorneys “explain in their retainer letters
who is responsible for the costs of copying
and under what circumstances,” includ-
ing who should pay for time and cost of
duplication of materials upon termination
of the representation.
In Illinois, however, attorneys should be
mindful of the costs allowable under the
Illinois Code.
Applicability
The ISBA and ABA Opinions both assume
that the lawyer has been paid in full and
do not address retaining liens. Similarly,
the Illinois Code “applies only if a client
and his or her authorized attorney have
complied with all applicable legal require-
ments regarding examination and copying
of client files, including but not limited
to satisfaction of expenses and attorney
retaining liens.”
Shelby L. Drury is Of Counsel to Novack
and Macey LLP
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All thanks to the Chicago Bar Association
The Password is Ethics
Monday, May 23, 2:00–4:15 pm
Location:The Chicago Bar Association, 321 S.
Plymouth Court, Chicago, IL 60604
Presented by:Energy, Telecommunications and
Water Committee, ISBA Section on Energy
UtilitiesTelecommunication andTransportation
MCLE Credit:2 IL PR-MCLE Credit, subject to
approval
A new game show has come to the fictional
town of Nirvana. The contestants (both private
attorneys and government lawyers) have been
selected and during this program they will be
competing for a host of fabulous prizes. It will
be interesting to watch as the contestants test
the patience of the game showhost and struggle
to provide direct answers on a diverse range of
ethical dilemmas, including issues of attorney-
client privilege, client confidentiality, ex parte
bans, professionalismand social media use. Play
along and know that at each commercial break,
a distinguished ethics expert will guide us to a
better understanding of the Rules of Professional
Conduct (if not necessarily the game showrules).
ISBAMembers register at CBAmember rate. Call
312/554-2056 or download registeration form
at
www.chicagobar.org/cleParticipants:
Bradley Perkins, Chair, CBA
Energy,Telecommunications andWater Commit-
tee; Freddi Greenberg, Secretary, ISBA Section
on Energy Utilities Telecommunication and
Transportation; John R. Rosales, Commissioner,
Illinois Commerce Commission; James J. Grogan,
Deputy Administrator and Chief Counsel, Illinois
Attorney Registration and Disciplinary Commis-
sion and Eve Moran, Eimer Stahl, LLP.
32
APRIL/MAY 2016