1E9Ct5D

Likewise, Opinion No. 98-08 of the Illinois State Bar Association (“ISBA”), affirmed by itsBoard of Governors in January 2010, provides that:Whatever the duties owed by defense counsel to the insurer, the relevant Illinoiscases, the Restatement, and this Committee's prior opinions make clear thatassigned counsel owes the insured the same professional obligations as if thelawyer had been personally retained by the insured. From this basic principle, itappears that the insured is, at a minimum, the defense lawyer's primary client. Asthe lawyer's primary client, entitled to the same professional obligations as aclient that had personally retained the lawyer, the insured should have priorityover the insurer whenever the interests of the insured and the insurer areinconsistent.The ISBA Opinion relied on several specific rules of the Illinois Rules of ProfessionalConduct, including Rules1 .2(a) and 5.4(c). Rule 1.2(a) provides that:A lawyer shall abide by a client's decisions concerning the objectives ofrepresentation and shall consult with the client as to the means by which they areto be pursued.Rule 5.4(c) provides that:a lawyer shall not permit a person who recommends, employs, or pays thelawyer to render legal services for another to direct or regulate the lawyer'sprofessional judgment in rendering those services.22