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Ill. RPC 4.1

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Rule 4.1 Truthfulness in Statements to Others

Article VIII: Rules of Professional Conduct

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Rule Text

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Amendment history: Adopted July 1, 2009, effective January 1, 2010.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Lawyers must be honest when dealing with other people on behalf of their clients. This means they cannot lie about important facts or laws. They also cannot stay silent about a key fact if keeping quiet would help their client commit a crime or fraud.

A lawyer can still keep some things private. They do not have to volunteer every piece of information that might help the other side. But there is a difference between staying quiet and actively misleading someone. A half-true statement or a misleading omission counts as a lie under this rule.

Not everything a lawyer says counts as a "fact" under this rule. For example, during negotiations, things like a starting offer or how much a client is willing to settle for are not treated as hard facts. These are just part of the back-and-forth of negotiating, and everyone involved understands that.

If a lawyer finds out their client is using them to carry out a crime or fraud, the lawyer may need to step back from the case. In serious situations, the lawyer may also need to speak up and correct any false information that was shared. The goal is to make sure the lawyer is not helping someone break the law, even without meaning to.

Committee Notes

Misrepresentation [1] A lawyer is required to be truthful when dealing with others on a client’s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. For dishonest conduct that does not amount to a false statement or for misrepresentations by a lawyer other than in the course of representing a client, see Rule 8.4.

Statements of Fact [2] This Rule refers to statements of fact as well as law. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a party’s intentions as to an acceptable settlement of a claim are ordinarily in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud. Lawyers should be mindful of their obligations under applicable law to avoid criminal and tortious misrepresentation.

Crime or Fraud by Client [3] Under Rule 1.2(d), a lawyer is prohibited from counseling or assisting a client in conduct that the lawyer knows is criminal or fraudulent. Paragraph (b) states a specific application of the principle set forth in Rule 1.2(d) and addresses the situation where a client’s crime or fraud takes the form of a lie or misrepresentation. Ordinarily, a lawyer can avoid assisting a client’s crime or fraud by withdrawing from the representation. Sometimes it may be necessary for the lawyer to give notice of the fact of withdrawal and to disaffirm an opinion, document, affirmation or the like. In extreme cases, substantive law may require a lawyer to disclose information relating to the representation to avoid being deemed to have assisted the client’s crime or fraud. If the lawyer can avoid assisting a client’s crime or fraud only by disclosing this information, then under paragraph (b) the lawyer is required to do so, unless the disclosure is prohibited by Rule 1.6.

Adopted July 1, 2009, effective January 1, 2010.

← Previous Rule 3.9: Advocate in Nonadjudicative Proceedings Next → Rule 4.2: Communication with Person Represented by Counsel

Cross-References

References (1)

Ill. RPC Rule 1.6

Bluebook Citation

Ill. RPC 4.1

This Rule Set

View All Ill. RPC Rules

Last updated: October 2026

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