CBA Record

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.

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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32 APRIL/MAY 2016