ISBA Professional Conduct Advisory Opinion No. 12-16
Topic: Confidentiality; Conflicts of Interest
Digest of the ISBA:
“Formal mentoring programs create an opportunity for a new or recently licensed lawyer to receive professional guidance and practical knowledge from a more experienced lawyer. However, both the new lawyer and the mentor must take care to protect client confidentiality and the attorney client privilege and take care to avoid creating a conflict of interest with existing clients.”
From the opinion:
“[A]n inquiry by the new lawyer that is general or abstract in nature and that does not involve the disclosure of information relating to the representation of the client does not violate Rule 1.6. For instance, a general question about discovery procedures in personal injury matters probably would not violate client confidentiality. Similarly, a question posed as a hypothetical may not generally violate Rule 1.6, as long as there is no risk from the question or the discussion that the identity of the client could be determined. Disclosures should be limited to the information necessary for a fruitful consultation. See, e.g., Oregon Formal Ethics Op. 2011-184 […]”
“Lawyer A may discuss general information relating to discovery procedures with his or her mentor, Lawyer B. However, Lawyer A should take caution not to reveal any information relating to the representation of a particular client with Lawyer B.”
References:
Illinois Rules of Professional Conduct, Rules 1.0(e), 1.1, 1.4, 1.6, 1.7, 1.9;
ISBA Advisory Opinion No. 12-15 (May 2012);
ABA Formal Ethics Opinion 98-411 (Aug. 30, 1998);
Maine Ethics Op. 171 (1999);
Oregon Formal Ethics Op. 2011-184 (2011).
The full text is available at http://www.isba.org…