While the Opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. A lawyer has an obligation to determine the existence of possible conflicts of interest at the outset of the representation. Upon learning of a conflict of interest, a lawyer should immediately inform his or her client and if consent is not secured for continued representation, should immediately withdraw. If a lawyer must withdraw from representation due to conflict of interest, he or she shall not be entitled to share in fees arising out of that matter. If, however, the representation is not based upon contingent fee, the lawyer shall not be entitled to any fee following the date upon which a conflict was determined or reasonably should have been determined to exist.
Liability is clearly upon the other two drivers, both of whom are insured.
Driver A's insurance company A accepted liability, agreeing to pay for a portion of client's damage and injury. Driver B is insured by Company B which company the lawyer's firm represents as to a large number of claims in the county involved. Some time after learning that Driver B was insured by Company B, attorney informed client of her firm's representation of Company B in other matters. Lawyer pursued settlement with both insurance companies and informed insurance company B that should settlement not be achieved that the matter would be referred to another lawyer for suit. Settlement of the claim with Company B was not achieved and three days prior to expiration of the Statute of Limitations Lawyer filed suit on behalf of client and wrote client informing client of the filing and that she was referring the matter to another lawyer because of the involvement of Lawyer's firm with Company B and also indicating that there would be a sharing of fees with the other lawyer based upon costs advanced and past and future work.