1990 Illinois Rules of Professional Conduct
Terminology
[Revisions to 1990 Rules are indicated as follows: text deleted from the
1990 Rule is shown by strikethrough;
2010 additions are in shown in red]
(a) "Belief" or "believes" denotes that the
person involved actually supposed the fact in question to be true. A
person's belief may be inferred from circumstances.
(b) "Confirmed in writing," when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (e) for the definition of "informed consent." If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.
"Confidence" denotes information protected by the
lawyer-client privilege under applicable law.
"Contingent fee agreement" denotes an agreement
for the provision of legal services by a lawyer under which the amount of
the lawyer's compensation is contingent in whole or in part upon the
successful completion of the subject matter of the agreement, regardless of
whether the fee is established by formula or is a fixed amount.
"Disclose" or "disclosure" denotes
communication of information reasonably sufficient to permit the client to
appreciate the significance of the matter in question.
(c) "Firm" or "law firm" denotes a lawyer or
lawyers engaged in the private practice of law in a
law partnership,
professional corporation, sole proprietorship or
or other association authorized to
practice law; or lawyers employed in a legal services organization or the
legal department of a corporation or other organization
other entity or in the legal department of a
corporation, legal services organization or other entity.
(d) "Fraud" or "fraudulent" denotes conduct
that is fraudulent under the
substantive or procedural law of the applicable jurisdiction and has a
purpose to deceive having a purpose to deceive and not merely negligent misrepresentation or
failure to apprise another of relevant information.
(e) "Informed consent" denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
(f) "Knowingly" "known" or "knows"
denotes actual knowledge of the fact in question. A person's knowledge may
be inferred from circumstances.
(g) "Partner" denotes a lawyer who is a member of a
partnership, or a shareholder in a law firm organized
as a professional corporation, or a member of an association authorized to
practice law or officer in a law firm organized as a
professional corporation.
"Person" denotes natural persons, partnerships,
business corporations, not-for-profit corporations, public and quasi public
corporations, municipal corporations, State and Federal governmental bodies
and agencies, or any other type of lawfully existing entity.
(h) "Reasonable" or "reasonably" when used in
relation to conduct by a lawyer denotes the conduct of a reasonably prudent
and competent lawyer.
(i) "Reasonable belief" or "reasonably believes"
when used in reference to a lawyer denotes that the lawyer believes the
matter in question and that the circumstances are such that the belief is
reasonable.
(j) "Reasonably should know" when used in reference
to a lawyer denotes that a lawyer of reasonable prudence and competence
would ascertain the matter in question.
(k) "Screened" denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law.
"Secret" denotes information gained in the
professional relationship, that the client has requested be held inviolate
or the revelation of which would be embarrassing to or would likely be
detrimental to the client.
(l) "Substantial" when used in reference to degree or
extent denotes a material matter of clear and weighty importance.
(m) "Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter.
(n) "Writing" or "written" denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or video recording and e-mail. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.