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42 SEPTEMBER 2015
LEGAL ETHICS
BY JOHN LEVIN
Legal Activism and Client Relations
In the course of day to day business, lawyers
may be asked to do things, which–though
completely legal and permitted by the
Rules of Professional Conduct–conflict
with the lawyer’s personal ethical stan-
dards or beliefs. It does not take too much
imagination to think of several examples.
In most cases, the lawyer can simply refuse
to handle such matters. But sometimes the
pressure of business may require that the
lawyer, or members of the lawyers’ firm,
deal with these issues.
The question I want to address is: to
what extent may a lawyer ethically advocate
for issues of law reform that may conflict
with the interests of clients? (But first, a
lawyer need not be concerned under the
Rules simply because he or she does not
agree with a client. Illinois Rule 1.2(b)
states: “A lawyer’s representation of a client,
including representation by appointment,
does not constitute an endorsement of the
client’s political, economic, social or moral
views or activities.”)
As an example, can a lawyer be active in
the Sierra Club and represent coal mining
interests at the same time? Illinois Rule 6.4,
Law Reform Activities Affecting Client
Interests, directly addresses the question.
Rule 6.4 states:
A lawyer may serve as a director,
officer or member of an organization
involved in reform of the law or its
administration notwithstanding that
John Levin is the retired Assis-
tant General Counsel of GATX
Corporation and a member of
the CBARecord Editorial Board.
the reform may affect the interests
of a client of the lawyer. When the
lawyer knows that the interests of a
client may be materially benefited
by a decision in which the lawyer
participates, the lawyer shall disclose
that fact but need not identify the
client.
Comment 1, however, contains the
caveat that “[i]n determining the nature
and scope of participation in such activi-
ties, a lawyer should be mindful of
obligations to clients under other Rules,
particularly Rule 1.7.”
So the general rule seems to be that
a lawyer is permitted to engage in law
reform activities that may conflict with a
client’s interests unless the Rules otherwise
prohibit such activities. So where do you
draw the line?
Some issues are clear. Under Rule 1.6,
a lawyer cannot “reveal information relat-
ing to the representation of a client unless
the client gives informed consent”. So
there can be no telling of tales. [See also
Rule 1.8(b), Conflict of Interest: Current
Clients, prohibiting using information
relating to the representation of a client.]
Other issues are harder. Rule 1.7, the
general prohibition of conflicts of interest,
states that “a lawyer shall not represent
a client if the representation involves a
concurrent conflict of interest.” However,
Comment 1 to Rule 6.4 states that lawyers
John Levin’s Ethics columns,
which are published in each
CBA Record, are now in-
dexed and available online.
For more, go to
legalethics/.
ETHICS QUESTIONS?
The CBA’s Professional Responsibility Commit-
tee can help. Submit hypothetical questions to
Loretta Wells, CBA Government Affairs Direc-
tor, by fax 312/554-2054 or e-mail lwells@
.
“involved in organizations seeking law
reform generally do not have a client-
lawyer relationship with the organization.”
So it is unlikely that mere involvement with
a law reform group will create a conflict
under Rule 1.7.
However, what if there is more
activity? Here the Comments to Rule
1.7 plunge the lawyer into a grey area.
Somewhere in that grey area is a line
past which involvement with law reform
activities may create “a significant risk
that a lawyer’s ability to consider, recom-
mend or carry out an appropriate course
of action for the client will be materially
limited as a result of the lawyer’s other
responsibilities or interests.” In that case
there might be a prohibited conflict. In
such a situation the lawyer should read
the Rules and Comments carefully and
come to a reasoned decision.
RESOURCE PORTAL FOR SOLO PRACITITONERS AND SMALL FIRMS
Did you know that the CBA has a FREE resource portal for solo small firm members? Access archived pro-
grams on firm marketing, start up tips, legal software demos, client development and more. Go to www.
, click on the Resources tab, then Solo Small Firm Resource Portal, or call 312/554-2070.