1990 Illinois Rules of Professional Conduct

RULE 8.4     Misconduct   [revisions to 1990 Rule are indicated as follows: text deleted from the 1990 Rule is shown by strikethrough; additions to the 1990 Rule are shown in red]

(a)    A lawyer shall not:

(1) (a)  violate or attempt to violate these Rules; of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.

(2)   induce another to engage in conduct, or give assistance to another's conduct, when the lawyer knows that conduct will violate these Rules;

(3) (b)  commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects;.

(4) (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;.

(5) (d) engage in conduct that is prejudicial to the administration of justice. In relation thereto, a lawyer shall not engage in adverse discriminatory treatment of litigants, jurors, witnesses, lawyers, and others, based on race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status.  This subsection does not preclude legitimate advocacy when these or similar factors are issues in the proceeding;

(6) (e)  state or imply an ability to influence improperly any tribunal, legislative body, government agency or official; or to achieve results by means that violate the Rules of Professional Conduct or other law.

(7) (f)  knowingly assist a judge or judicial officer in conduct that the lawyer knows is a violation of the Code of Judicial Conduct; applicable rules of judicial conduct or other law. Nor shall a lawyer give or lend anything of value to a judge, official, or employee of a tribunal, except those gifts or loans that a judge or a member of the judge's family may receive under Rule 65(C)(4) of the Illinois Code of Judicial Conduct. Permissible campaign contributions to a judge or candidate for judicial office may be made only by check, draft, or other instrument payable to or to the order of an entity that the lawyer reasonably believes to be a political committee supporting such judge or candidate. Provision of volunteer services by a lawyer to a political committee shall not be deemed to violate this paragraph.

(h) enter into an agreement with a client or former client limiting or purporting to limit the right of the client or former client to file or pursue any complaint before the Illinois Attorney Registration and Disciplinary Commission.

(8) (i)  avoid in bad faith the repayment of an education loan guaranteed by the Illinois Student Assistance Commission or other governmental entity.  The lawful discharge of an education loan in a bankruptcy proceeding shall not constitute bad faith under this rule paragraph, but the discharge shall not preclude a review of the attorney's lawyer's conduct to determine if it constitutes bad faith.; or

(9)(A)  (j)     violate a Ffederal, Sstate or local statute or ordinance that prohibits discrimination based on race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status by conduct that reflects adversely on the lawyer's fitness as a lawyer.  Whether a discriminatory act reflects adversely on a lawyer's fitness as a lawyer shall be determined after consideration of all the circumstances, including:(1)   the seriousness of the act, (2);  whether the lawyer knew that it the act was prohibited by statute or ordinance, (3); whether it the act was part of a pattern of prohibited conduct,; and (4)   whether it the act was committed in connection with the lawyer's professional activities. No charge of professional misconduct may be brought pursuant to this paragraph until a court or administrative agency of competent jurisdiction has found that the lawyer has engaged in an unlawful discriminatory act, and the finding of the court or administrative agency has become final and enforceable and any right of judicial review has been exhausted.

(B)   No complaint of professional misconduct based on an unlawfully discriminatory act, pursuant to paragraph (9)(A) of this rule, may be brought until a court or administrative agency of competent jurisdiction has found that the lawyer has engaged in an unlawfully discriminatory act, and that the determination of the court or administrative agency has become final and enforceable and the right of judicial review of the determination has been exhausted.

(b)  (k)  A if the lawyer who holds public office shall not:

(1)   use that office to obtain, or attempt to obtain, a special advantage in a legislative matter for a client under circumstances where the lawyer knows or reasonably should know that such action is not in the public interest;

(2)   use that office to influence, or attempt to influence, a tribunal to act in favor of a client; or

(3)   represent any client, including a municipal corporation or other public body, in the promotion or defeat of legislative or other proposals pending before the public body of which such lawyer is a member or by which such lawyer is employed.

(c)    A lawyer who holds public office may accept political campaign contributions as permitted by law.

Adopted February 8, 1990, effective August 1, 1990; amended June 29, 1990, effective July 1, 1990; amended October 15, 1993, effective immediately; amended March 26, 2001, effective immediately; amended July 6, 2001, effective immediately.