United States District Court
Northern District Of Illinois
Local Rules
LR83.53.4. Fairness to Opposing Party and Counsel
A lawyer shall not:
(1) unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or
other material having potential evidentiary value, nor shall a lawyer counsel or
assist another person to do any such act;
(2) falsify evidence, counsel or assist a witness to testify falsely, or offer an
inducement to a witness that is prohibited by law; or
(3) request a person other than a client to refrain from voluntarily giving
relevant information to another party unless:
(A) the person is a relative or an employee or other agent of a client, and
(B) the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such
information.
Committee Comment. The procedure of the adversary system contemplates that the evidence in a case
is to be marshalled competitively by the contending parties. Fair competition in the adversary
system is secured by prohibitions against destruction or concealment of
evidence, improperly influencing witnesses, obstructive tactics in discovery
procedure, and the like.
Documents and other items of evidence are often essential to establish a claim
or defense. Subject to evidentiary privileges, the right of an opposing
party, including the government, to obtain evidence through discovery or subpoena is
an important procedural right. The exercise of that right can be frustrated if
relevant material is altered, concealed or destroyed. Applicable law in many
jurisdictions makes it an offense to destroy material for purposes of impairing
its availability in a pending proceeding or one whose commencement can be
foreseen. Falsifying evidence is also generally a criminal offense. Subsection (1)
applies to evidentiary material generally, including computerized information.
With regard to subsection (2), it is not improper to pay a witness’s expenses or to compensate an expert witness on terms permitted by law. The
common law rule in most jurisdictions is that it is improper to pay an
occurrence witness any fee for testifying and that it is improper to pay an expert
witness a contingent fee.
Subsection (3) permits a lawyer to advise employees of a client to refrain
from giving information to another party, for the employees may identify their
interests with those of the client. See also LR83.54.2.