Regulation of Intermediary Connecting Services: New Requirements for Illinois Lawyers

Regulation of intermediary connecting services marks a pivotal development for Illinois lawyers navigating today’s tech-driven legal landscape. As more clients seek legal help online, platforms that connect attorneys with potential clients have become increasingly popular. However, prior to 2025, Illinois attorneys faced legal and ethical uncertainty when using such services due to the lack of clear regulatory guidance.

That changed with the Illinois Supreme Court’s April 2025 announcement. Effective July 1, 2025, the Court approved amendments to Illinois Rules of Professional Conduct 1.6 and 7.2, aiming to modernize how attorneys ethically advertise and communicate through third-party platforms. These updates clarify that lawyers may use approved intermediary connecting services (ICS) under defined conditions, provided client confidentiality and professional independence are maintained.

Expanding Confidentiality in Illinois Rule 1.6

Illinois Rule 1.6 has long governed the confidentiality of information relating to client representation. As amended effective July 1, 2025, the rule now explicitly includes communications facilitated through intermediary connecting services (ICS). This change reflects a broader interpretation of what constitutes "information relating to representation," extending protections to prospective clients who interact with lawyers via digital platforms.

Under the revised rule, any data shared between a user and an ICS for the purpose of seeking legal representation must be treated with the same confidentiality safeguards as traditional client communications. Whether through lead generation sites, virtual legal clinics, or Q&A-based directories, lawyers must ensure that user-provided information is protected from unauthorized access or disclosure.

Additionally, Rule 1.6(d) clarifies that these digital interactions are not simply casual inquiries. Instead, they create an ethical obligation for lawyers to uphold confidentiality even if the relationship does not progress into formal representation. This requires attorneys to assess the data practices of ICS vendors, especially regarding storage, access, and data-sharing policies. Lawyers who fail to ensure these protections may face professional discipline or expose themselves to malpractice claims stemming from confidentiality breaches.

By codifying ICS communication under Rule 1.6, the Illinois Supreme Court has made it clear that ethics and client protection must evolve alongside legal technology. Lawyers must now take a proactive role in evaluating ICS privacy practices as a condition of responsible participation.

Defining Compliance Under Illinois Rule 7.2

Alongside expanded confidentiality protections, the Supreme Court amended Illinois Rule 7.2 to address lawyer advertising and participation in intermediary connecting services. These updates provide a formal definition of ICS and set forth conditions under which lawyers may ethically engage with them.

Rule 7.2(c) states that lawyers may accept client connections and pay the usual charges of an ICS if certain safeguards are met. These include:

• Verifying that the ICS does not interfere with the lawyer’s professional judgment or set client fees.

• Ensuring the ICS avoids misleading advertising or improper solicitation.

• Confirming the ICS does not provide legal advice or act as a legal services provider.

Lawyers must also confirm that the ICS is not owned, managed, or controlled by any participating attorney, and must disclose the nature of the relationship to the client upfront, including any fees paid for placement, ratings, or reviews.

To facilitate this, the Illinois Supreme Court released a sample ICS Certification Letter. This document allows ICS platforms to affirm their compliance with Rule 7.2(c), which lawyers can rely on as part of their due diligence. However, reliance on this certification is not a free pass. If a lawyer knows or learns that an ICS is in violation, they are ethically obligated to withdraw from participation unless the issue is corrected in a timely manner.

These new provisions aim to strike a balance between consumer accessibility and professional integrity. As legal marketing becomes increasingly digital, the amended Rule 7.2 provides a regulatory structure to help lawyers connect with clients without compromising their ethical obligations.

What Illinois Lawyers Should Do Next

With the regulation of intermediary connecting services now codified under Rules 1.6 and 7.2, Illinois lawyers must act promptly to integrate these changes into their practice. Compliance is not just a matter of checking boxes—it requires a thoughtful approach to vendor selection, internal processes, and client communication.

First, attorneys and law firms should create or update checklists for ICS due diligence. This includes obtaining and reviewing ICS Certification Letters, ensuring the ICS does not interfere with client relationships, and confirming that rating systems used by the ICS are transparent and disputable. Annual recertification and regular audits of ICS conduct are highly recommended.

Second, lawyers should enhance their intake procedures to include disclosures about ICS involvement, any fees paid for client acquisition, and how client data is handled. Transparency during initial communications builds trust and demonstrates a commitment to ethical advertising.

Third, law firms should conduct staff training on these rule changes. Paralegals, intake specialists, and marketing teams must all understand how to maintain compliance with Rules 1.6 and 7.2 when using ICS platforms. Failure to do so could lead to inadvertent ethical violations and expose the firm to liability.

Lastly, attorneys should revisit their malpractice insurance policies and risk management strategies. While intermediary connecting services offer great potential to expand legal access, they also introduce new exposures related to confidentiality, client screening, and third-party practices.

In a legal environment that continues to evolve digitally, proactive risk management is not optional—it’s essential.

Staying Ahead of ICS Compliance in Illinois

The regulation of intermediary connecting services signals a new era for Illinois legal professionals navigating the intersection of digital marketing and ethical practice. By expanding the scope of confidentiality in Rule 1.6 and defining safe participation parameters in Rule 7.2, the Illinois Supreme Court has provided long-awaited clarity for attorneys using third-party platforms.

These rule changes acknowledge the shifting realities of legal service delivery while reinforcing the profession’s core commitments to integrity, confidentiality, and independent judgment. As clients increasingly turn to online tools to find legal help, Illinois lawyers must rise to meet them in ways that are not only effective but ethically sound.

Lawyers and firms are encouraged to review their marketing channels, reassess ICS partnerships, and develop compliance protocols tailored to these updated standards. In doing so, they will be better positioned to serve clients, avoid liability, and uphold public trust. For further insights into the Regulation of Intermediary Connecting Services, contact the professional liability and risk management team at ISBA Mutual Insurance Company.