Ethics Question of the Week: What is needed from client when delegating a portion of work to another lawyer?
Q. I mentioned to a client that I was delegating a portion of her matter to a lawyer outside of my firm and she didn’t respond one way or the other. Do I need something more from her?
A. IRPC 1.2 allows delegation of client work outside of the retained lawyer’s firm with the client’s informed consent. Informed consent is defined in RPC 1.0, Comment [7] as requiring an affirmative response from the client and that a lawyer may not assume consent from a client’s silence (although the Comment also notes that client consent can be inferred from the client’s conduct).
ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.
[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]
Member Comments (1)
Would suggest that your retainer agreement cover delegation of work to contractors and to outside counsel as within the attorney's discretion. Alternatively, a joint representation agreement can mention more than one firm, for, for instance, drafting and corporate advice (what I generally provide) and litigation counsel work (especially local counsel, always advisable if you don't appear regularly before the relevant court or agency). This way, later communications and delegation don't require separate signatures.