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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/cle

Participants:

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