tag:blogger.com,1999:blog-2217205790489478242024-03-18T19:56:31.948-05:00Professional Responsibility BlogProfessor Alberto Bernabe -
The University of Illinois-Chicago School of LawProfessor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.comBlogger2404125tag:blogger.com,1999:blog-221720579048947824.post-47651788701500100242024-03-18T19:56:00.020-05:002024-03-18T19:56:00.251-05:00Free Legal Research Startup Now Offers AI Generated Summaries of All State Supreme and Appellate Opinions<p> LawSites is reporting (<a href="https://www.lawnext.com/2024/03/free-legal-research-startup-descrybe-ai-now-has-ai-summaries-of-all-state-supreme-and-appellate-opinions.html">here</a>) that a new website that provides access to legal research called <a href="http://descrybe.ai">descrybe.ai</a> is focused on using artificial intelligence to provide free and easy access to court opinions and that it recently began to offer access to AI-generated summaries of all available state supreme and appellate court opinions from throughout the United States. </p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-1672083936906180942024-03-17T19:55:00.004-05:002024-03-17T20:25:53.348-05:00The story you heard about a lawyer avoiding discipline because the state Supreme Court justices recused themselves is not what they are saying it is...<p> The headline in <a href="https://abovethelaw.com/2024/03/convicted-lawyer-too-well-connected-to-face-discipline/">Above the Law</a> reads: "Convicted Lawyer Too Well-Connected To Face Discipline". <a href="https://www.wbez.org/stories/despite-guilty-verdict-ed-burke-keeps-his-law-license/67be0891-dd25-4d29-bee7-1f2769e73583?utm_source=email&utm_medium=referral&utm_campaign=Web-Share">Elsewhere</a>, the story was reported as "After most Illinois Supreme Court justices recuse themselves, Ed Burke keeps his law license". The ABA Journal <a href="https://www.abajournal.com/news/article/convicted-alderman-keeps-law-license-after-recusals-prevent-state-supreme-court-from-acting/">reported</a> the story as "Convicted alderman keeps law license after recusals prevent state supreme court from acting." You may have heard or or read something like that somewhere else, but the full story is not what it seems.</p><p>These headlines suggest that a convicted lawyer could not be disciplined even though he was convicted of a crime. But that is not necessarily the case. What happened is that the Disciplinary Agency asked the Supreme Court of the state for an interim suspension because he was convicted of a crime. "Interim" means that the suspension would be in effect while the Agency decides the disciplinary case. Some justices in the Court recused themselves and there were not enough justices left (following the state constitution) to grant the petition.</p><p>This does not mean that the lawyer will not be disciplined, or that he will avoid discipline. The lawyer will avoid a suspension while it is decided whether he will be disciplined, but that is a different thing. It may very well be that the disciplinary agency decides to impose discipline -- in fact, it is possible the agency will decide to disbar the lawyer. </p><p>Now, what happens after that, I don't know. If the disciplinary agency disbars the attorney, he then has the right to appeal to the state's supreme court. If the same justices who recused themselves regarding the interim petition recuse themselves from the appeal, the court can't hear the appeal. Does that end the case and the decision of the disciplinary agency stands? That's my guess, but I have not looked into it.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-4566624494786174512024-03-17T19:44:00.002-05:002024-03-17T19:44:50.202-05:00New Training for Lay Legal Advocates in Arizona Aims to Expand Access to Justice Statewide<p> LawSites has the <a href="https://www.lawnext.com/2024/03/new-training-for-lay-legal-advocates-in-arizona-aims-to-expand-access-to-justice-statewide.html">full story here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-5953005212481523742024-03-04T13:26:00.001-06:002024-03-04T13:26:00.257-06:00Two articles on the justice gap and legal tech<p> LawSites recently published two articles with commentary about the justice gap and legal tech that are worth reading.</p><p>In the first one, LawSites's editor Bob Ambrogi argues that "[t]he justice gap in legal technology is a reflection of the justice gap more generally, and both reflect a capitalist society in which the balance of wealth and resources is wildly out of whack. But more can be done. " You can read the <a href="https://www.lawnext.com/2024/02/the-justice-gap-in-legal-tech-a-tale-of-two-conferences-and-the-implications-for-a2j.html">article here</a>.</p><p>In response, Jess Lu and Mark Chandler argue that "Justice tech — legal tech that helps low-income folks with no or some ability to pay, that assists the lawyers who serve those folks, and that makes the courts more efficient and effective — must contend with a higher hurdle than wooing Silicon Valley VCs: the civil justice system itself." The <a href="https://www.lawnext.com/2024/02/guest-post-building-better-civil-justice-systems-isnt-just-about-the-funding.html">article is available here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-33538577174616052592024-03-03T20:32:00.077-06:002024-03-03T20:32:00.291-06:00Are you read for some pickleball?<p>If you are a college football fan you know about "naming rights"... So what used to be the Fiesta Bowl suddenly became the Tostitos Fiesta Bowl, and the LA Bowl became the Jimmy Kimmel LA Bowl, and so on. Brands and people pay a lot of money to have their brand or name associated with a big event. </p><p>It is a form of advertising, right? So, would it be ethical for a law firm to buy naming rights. It has been done for law schools, of course. Temple University Law School (where I got my Masters degree) is now the James Beasly Law School, for example.</p><p>But have you seen a sports event named after a law firm?</p><p>And then there are "official partners" associated with leagues. Different leagues have official partners, and they promote them as such. Thus, you have "the official car of the NFL" (it's Toyota, in case you did not know), or the "official pizza of the NFL" (as of two years ago it was Little Ceasars, which is embarrassing if you like pizza!)</p><p>But one thing the NFL does not have is an official law firm. </p><p>So, why am I babbling about this? Because, other than naming rights on a law school, I have never seen a law firm have naming rights or an official partnership claim with a sports league or event. </p><p>Until now. Enter pickleball, the self proclaimed fastest growing sport in the US today and the firm of Lerner & Rowe, which was recently announced as the "official personal injury attorneys" of USA Pickleball:</p><p></p><blockquote><p>USA Pickleball, the National Governing Body for pickleball in the U.S., today announced personal injury law firm Lerner & Rowe as its Official Injury Attorney in a year-round partnership that welcomes the firm into America’s fastest-growing sport, with nearly 50 million pickleball players in the United States according to the Association of Pickleball Players in 2023.</p><p>Lerner & Rowe will serve as the Presenting Partner of the USA Pickleball Golden Ticket tournament in Mesa, Arizona this April. The firm will have a strong presence throughout the event that is expected to host 1,200 of the best players from Arizona and surrounding areas competing for their spot at Nationals. Additionally, Lerner & Rowe will continue supporting USA Pickleball’s mission in the community through community clinics, introducing underserved children to the game of pickleball and providing them with equipment to continue playing upon completion of the program.</p></blockquote><p></p><p>Here is the <a href="https://usapickleball.org/news/usa-pickleball-announces-partnership-with-lerner-and-rowe-injury-attorneys/">full announcement</a> in USA Pickleball's website.</p><p><br /></p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-44866664875614793002024-03-02T13:23:00.007-06:002024-03-02T13:23:54.311-06:00Podcast on the right to an attorney and the role of public defenders in the criminal justice system<p> Here is a 50 minute <a href="https://www.npr.org/2024/02/29/1198908562/throughline-the-right-to-an-attorney">NPR program</a> on the right to an attorney and the role of public defenders in the criminal justice system.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-38753674953992678492024-02-28T10:09:00.003-06:002024-02-28T21:47:38.001-06:00New ABA Formal Opinion on confidential government information<p> The ABA Standing Committee on Ethics and Professional Responsibility just released a new Formal Opinion (Number 509). The title is Disqualification to Prevent the Misuse Use of “Confidential Government Information” and the summary reads as follows:</p><p></p><blockquote>Model Rule of Professional Conduct 1.11(c) protects a person from the misuse of certain information about the person that the government used its authority to acquire. The confidential information protected by Rule 1.11(c) is defined by the Rule as information obtained under government authority about a person which the government is prohibited from disclosing to the public or has a legal privilege not to disclose and is not otherwise available to the public. The Rule provides that a lawyer who acquired the information while serving as a government officer or employee is disqualified from representing a “private client” whose interests are adverse to prevent the confidential government information from being used to the material disadvantage of that person. The Rule applies regardless of whether the lawyer seeking to represent the private client has left government employ or office or maintains a private law practice (e.g., a part-time practice) while still in government employ or office. The Rule applies to a lawyer representing a “private client,” meaning a client whom the lawyer represents in private practice, regardless of whether the client is a public entity or private individual or entity. </blockquote><p> For now you can access (and download) the <a href="https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-509.pdf">opinion here</a>. After some time, it will be archived and available to members only, so go get it now.</p><p></p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-78444037988880917552024-02-22T20:25:00.031-06:002024-02-22T20:25:00.146-06:00ABA Working Group asks for comments on possible amendments to allow more cross-border practice<p> A couple of days ago I posted that I think a lawyer in good standing in a state should be allowed to practice law in any other jurisdiction. And just a few hours after I posted that comment, I heard that a working group of the ABA Center for Professional Responsibility has requested public comments on an Issue Paper on possible amendments to the model rules which would recognize permissible cross-border practice.</p><p>You can read <a href="https://www.americanbar.org/groups/professional_responsibility/working-group-on-mrpc5-5/?login">the notice</a> asking for public comments here. You can read the Issue Paper <a href="https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/issues-paper-for-comment-mr5-5.pdf">here</a>. You can read more about the issue <a href="https://www.lexblog.com/2024/02/21/aba-requests-public-comment-on-possible-regulatory-implications-of-exploring-possible-amendments-to-model-rule-of-professional-conduct-5-5-to-increase-permissible-cross-border-practice/">here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-9047988476945123192024-02-21T12:46:00.008-06:002024-02-21T20:35:58.111-06:00Should A License To Practice Law Be More Like A Driver's License?<p> Should A License To Practice Law Be More Like A Driver's License? In a word, YES! I do think so. I think that once admitted in one state lawyers should be free to practice in any other state - as long as they are in good standing and comply with the state rules of professional conduct, of course. I understand that there are lots of state variances when it comes to local rules and procedure but all lawyers are trained in how to do research and figure out the law of any jurisdiction. </p><p>I am mentioning this today because I just saw this post in <a href="https://abovethelaw.com/2024/02/should-a-license-to-practice-law-be-more-like-a-drivers-license/">Above the Law</a>:</p><p></p><blockquote><p>"How do you only practice law within your state boundaries when we’re in a global economy and a global world? It’s kind of a preposterous concept, right? [The Association of Professional Responsibility Lawyers]’s point is, ‘Do I stop knowing how to drive when I drive outside of Maryland? And as soon as I get to the border in Virginia, I’ve forgotten how to drive?’ It doesn’t make sense."</p><p></p></blockquote><p>This is a quote by Charity Anastasio, in comments given during an ABA Techshow 2024 panel titled, “One Bar License, Will Travel—Are Changes in Multi-Jurisdictional Rules on the Way?” Anastasio, who also is the chair of the ABA Law Practice Division’s Professional Development Board, went on to encourage lawyers to “[s]ay it loud, say it proud. We should be able to practice anywhere we can drive.”</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-33121079474148355412024-02-21T12:39:00.003-06:002024-02-21T20:40:16.232-06:00US Supreme Court rejects appeal from Trump-affiliated attorneys in Michigan sanctions case<p> Not surprisingly, the US Supreme Court has denied review of the sanctions imposed on Trump attorneys in Michigan. Jurist has the story <a href="https://www.jurist.org/news/2024/02/us-supreme-court-rejects-appeal-from-trump-affiliated-attorneys-in-michigan-sanctions-case/">here</a>. </p><p>For all my blog posts related to Trump lawyers go <a href="https://bernabepr.blogspot.com/search/label/Trump%20lawyers">here</a>.</p><p><b>UPDATE 2-21-2024: </b>MSNBC has the story <a href="https://www.msnbc.com/opinion/msnbc-opinion/supreme-court-trump-lawyers-sidney-powell-rcna139671">here</a>.</p><p><br /></p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-15248060901310045652024-02-18T10:40:00.001-06:002024-02-20T14:25:20.360-06:00Yet another instance of ChatGPT hallucinating cases -- UPDATED<p><i>February 18, 2024</i></p><p>As <a href="https://www.courthousenews.com/chatgpt-caselaw-will-cost-you/">reported</a> in Courthouse News: An appeals court in Missouri lambasted a pro se litigant for submitting multiple “fictitious cases” conjured up by the A.I. chat bot ChatGPT, which offered citations “that have potentially real case names — presumably the result of algorithmic serendipity,” that pointed to either non-existent rulings or to irrelevant ones. The litigant must pay $10,000 to opposing counsel for wasting their time with the “frivolous appeal.” The court's ruling is <a href="https://webservices.courthousenews.com/sites/Data/AppellateOpinionUploads/2024-13-2--14-27-43-Opinion_ED111172.pdf">here</a>. For other instances of similar conduct in Courthouse News go <a href="https://www.courthousenews.com/sanctions-ordered-for-lawyers-who-relied-on-chatgpt-artificial-intelligence-to-prepare-court-brief/">here</a> and <a href="https://www.courthousenews.com/chatgpt-faked-caselaw/">here</a>.</p><p><b>UPDATE 2-20-2024</b>:</p><p><a href="https://legalethicslawyer.blog/2024/02/18/missouri-court-sanctions-litigant-for-fake-citations/">Legal Ethics Lawyer</a> has more on the story <a href="https://legalethicslawyer.blog/2024/02/18/missouri-court-sanctions-litigant-for-fake-citations/">here</a>.</p><p><br /></p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-72249763063472169112024-02-18T10:34:00.003-06:002024-02-18T10:41:18.008-06:00The Marshall Project report on the practice of charging indigent defendants to pay for fees related to representation by state appointed counsel<p> I have blogged before about the unfortunate reality that even 60 years after <i>Gigeon v. Wainwright</i>, there are still deficiencies in the process to get access to representation for people who can't afford it. <a href="https://bernabepr.blogspot.com/2023/12/sixty-years-after-gideon-v-wainwright.html">See here</a>, for example, and the <a href="https://bernabepr.blogspot.com/search/label/Right%20to%20counsel">section on right to counsel</a> for lots more on the subject.</p><p>Today I am writing, unfortunately, to point out a new article in The Marshall Project on how many defendants are getting charged fees to pay for their "free" appointed counsel. </p><p>According to the report, the reality is that legal representation by appointed counsel is rarely free. The Supreme Court has found the Constitution guarantees the right to counsel but allows states, in most cases, to try to recoup the costs and that more than 40 do so, according to a 2022 report by the National Legal Aid and Defender Association. </p><p>The report focuses on the practice in Iowa, which it says takes these efforts to the extreme. According to their investigation, not only does Iowa impose some of the highest fees in the nation — affecting tens of thousands of people each year — it also charges poor people for legal aid even if they are acquitted or the cases against them are dropped.</p><p><br /></p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-7385486436756126492024-02-14T23:08:00.002-06:002024-02-14T23:08:30.167-06:00Illinois Supreme Court Amends Rule to Add ‘Sexual Harassment Prevention’ to CLE Topic Areas<p>Two weeks ago, the Illinois Supreme Court amended a Supreme Court Rule to add “sexual harassment prevention” to the enumerated topic areas for which lawyers may receive professional responsibility CLE (PR CLE) hours. The amended Rule 794(d)(1) now reads as follows:</p><p></p><blockquote>Each attorney subject to these Rules shall complete a minimum of six of the total CLE hours for each two-year reporting period in the area of professionalism, civility, legal ethics, sexual harassment prevention, diversity and inclusion, or mental health and substance abuse.</blockquote><p>2Civility has more details and commentary <a href="https://www.2civility.org/illinois-supreme-court-amends-rule-794d-to-include-sexual-harassment-prevention-as-part-of-pr-cle-requirement/">here</a>. LexBlog has the story <a href="https://www.lexblog.com/2024/02/09/illinois-supreme-court-amends-rule-794d-to-include-sexual-harassment-prevention-as-part-of-pr-cle-requirement/">here</a>. </p><p></p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-85570334058997789532024-02-14T23:02:00.003-06:002024-02-14T23:02:17.118-06:00How not to practice law: falsify evidence <p> Here is another "how not to practice law" story. The lessons from these stories always seem so obvious; yet here we are. In this one, the hearing board found that the lawyer falsified some documents. He was suspended for six months for violating Rule 8.4(c) regarding dishonesty. The Legal Profession blog has the story <a href="https://tinyl.io/AHnU">here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-91045275509572156602024-02-13T16:33:00.004-06:002024-02-14T11:03:56.158-06:00California standing committee on professional responsibility and conduct practical guide for the use of generative artificial intelligence in the practice of law <p> I missed this report when it came out, but better late than never... <a href="https://www.calbar.ca.gov/Portals/0/documents/ethics/Generative-AI-Practical-Guidance.pdf">Here it is</a>.</p><p><br /></p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-37649291563561467752024-02-12T19:36:00.016-06:002024-02-12T19:36:00.260-06:00Will AI make the practice of law more accessible? Not everyone agreesSaying that AI will affect the practice of law is old news. It already has. The question now is whether it will affect the practice of law for the better. And the answer to that will depend on many factors including what you consider to be "better." With that in mind, take a look at this comment titled "<a href="http://www.thesavorytort.com/2024/02/ai-can-make-law-better-and-more.html">AI can make law better and more accessible; it won't</a>." Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-14155935269797488902024-02-11T19:31:00.006-06:002024-02-14T09:39:33.592-06:00How not to practice law: Show up drunk<p> This is not the first time we have seen this example of "how not to practice law," but there are two interesting questions. In this particular instance, <a href="https://lawprofessors.typepad.com/legal_profession/2024/02/practicing-while-intoxicated.html">discussed in</a> the Legal Profession Blog, the lawyer was charged with "attempting" to violate rule 1.1 on competence. So my first question is: why charge with attempt to violate a rule? Can't we argue that appearing drunk before the court in and of itself constitutes incompetence? </p><p>The second question is common to many cases: what should be the proper sanction? Is it a <i>mitigating</i> factor if the lawyer has a health problem, mental health problem or issues with alcohol? Is it an <i>aggravating</i> factor? In this case, the lawyer also had a history of disciplinary sanctions; yet, the sanction was reduced from 90 days to 30 days. </p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-27491106114095819952024-02-03T12:49:00.003-06:002024-02-03T12:49:24.968-06:00How to reply to negative online reviews<p> The issue of how to reply to negative online reviews is not new. If you go to the "internet" section of this blog and scroll down you will find a number of stories on it. The most recent one is from October of last year on an Arizona Ethics Opinion that concludes lawyers can disclose confidential information when replying to negative online reviews.</p><p>Today I am writing to link to a recent post over at LexBlog that again provides basic tips on the subject. <a href="https://www.lexblog.com/2024/02/01/ethically-dealing-with-negative-online-attorney-reviews/">Here it is</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-78981758518522028912024-01-31T20:55:00.004-06:002024-01-31T20:55:00.133-06:00How will generative AI affect digital investigations and e-discovery?<p> How will generative AI affect digital investigations and e-discovery? The ABA Journal has an answer <a href="https://www.abajournal.com/columns/article/transforming-the-approach-to-digital-investigations-and-e-discovery/">here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-30890506016630285832024-01-30T20:25:00.018-06:002024-01-30T20:25:00.131-06:00Another comment on the lawsuit by firm against departing lawyer for compensation because clients left with the lawyer<p> About a week ago, I posted a link to a comment on whether employment agreements that require a departing lawyer to compensate the firm for clients that follow the lawyer would violate the Rules of Professional Conduct. The article related to a case in which a firm sued a departing lawyer seeking compensation because a bunch of clients left with the lawyer.</p><p><a href="https://faughnanonethics.com/another-failed-effort-to-pretend-rule-5-6a-has-no-teeth/?utm_source=feedly&utm_medium=rss&utm_campaign=another-failed-effort-to-pretend-rule-5-6a-has-no-teeth">Faughnan on Ethics</a> now has added to the discussion with a <a href="https://faughnanonethics.com/another-failed-effort-to-pretend-rule-5-6a-has-no-teeth/?utm_source=feedly&utm_medium=rss&utm_campaign=another-failed-effort-to-pretend-rule-5-6a-has-no-teeth">post</a> on the case. </p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-80650423937747195082024-01-29T20:19:00.011-06:002024-01-29T20:19:00.142-06:00Guide on best practices for using AI<p> A couple of days ago I reported that the Florida Bar recently issued an ethics opinion on using generative AI technology in the practice of law. </p><p>Meanwhile, noted law blogger Carolyn Elefant has published a short guide on best practices on using AI in the practice of law. You can see her post on it <a href="https://myshingle.com/2024/01/articles/announcements/ai-law-download-the-suggested-best-practices-guide/">here</a> and you can download the guide <a href="https://myshingle.com/wp-content/uploads/2024/01/AIFAQ-01092024.pdf">here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-18011705067366958932024-01-28T15:48:00.040-06:002024-01-28T15:48:00.312-06:00Articles on why the allegations against Fani Willis are irrelevant to the criminal case<p> If you have been watching the news about the case against former president Trump in Georgia, you know that the defendant has argued the case should be dropped or that the prosecutor should be disqualified because of certain alleged inappropriate conduct. </p><p>The conduct in question should be taken seriously but it is irrelevant to the case in question.</p><p>Here are two articles that explain why:</p><p><a href="https://www.justsecurity.org/91368/why-fani-willis-is-not-disqualified-under-georgia-law/#_ftn1">Why Fani Willis Is Not Disqualified Under Georgia Law,</a> in Just Security, by Norman L. Eisen, Joyce Vance and Richard Painter</p><p><a href="https://edition.cnn.com/2024/01/24/opinions/fani-willis-trump-georgia-election-case-green/index.html">Defendants in the Georgia election case have no reason to complain — even if the Fani Willis allegations are true</a>, in CNN, by Bruce Green</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-80933128430330587302024-01-27T15:33:00.019-06:002024-01-27T20:54:43.045-06:00Florida Bar issues opinion on using generative AI technology<p>Last December I reported that the Florida Bar was considering an opinion on the use of AI as part of the practice law. See <a href="https://bernabepr.blogspot.com/2023/12/proposed-florida-bar-advisory-opinion.html">here</a>. </p><p>Today I am writing to report that the opinion was approved and published. <a href="https://www.floridabar.org/the-florida-bar-news/board-of-governors-adopts-ethics-guidelines-for-generative-ai-use/">See here</a>. It concludes that lawyers may ethically use generative AI technologies, provided they are careful to adhere to their ethical obligations.</p><p>For the text of the opinion go <a href="https://www.floridabar.org/etopinions/opinion-24-1/">here</a>. Read more on the story <a href="https://www.lawnext.com/2024/01/florida-bar-ethics-opinion-oks-lawyers-use-of-generative-ai-but-with-cautions.html">here</a>. The ABA Journal has more on the story <a href="https://www.abajournal.com/news/article/lawyers-should-take-these-precautions-when-using-artificial-intelligence-florida-ethics-opinion-says/">here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-25819605054680056292024-01-21T15:03:00.003-06:002024-01-21T15:04:27.854-06:00DC bar authorities file disciplinary charges against pro-Trump 2020 election lawyers<p> Politico has the details <a href="https://www.politico.com/news/2024/01/19/dc-trump-2020-election-lawyers-00136667">here</a>. The Legal Profession blog comments <a href="https://lawprofessors.typepad.com/legal_profession/2024/01/new-round-of-bar-charges-in-dc-for-2020-election-litigation.html">here</a>. The Hill has coverage <a href="https://thehill.com/regulation/court-battles/4419415-dc-bar-files-disciplinary-charges-lawyers-2020-election-fraud-claims/">here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0tag:blogger.com,1999:blog-221720579048947824.post-37395956052611974722024-01-21T15:00:00.005-06:002024-01-21T15:00:48.207-06:00Do employment agreements that require a departing lawyer to compensate the firm for clients that follow the lawyer violate the Rules of Professional Conduct?<p> Michael Kennedy, over at Ethical Grounds, discusses the issue <a href="https://vtbarcounsel.wordpress.com/2024/01/18/do-employment-agreements-that-require-a-departing-lawyer-to-compensate-the-firm-for-clients-that-follow-the-lawyer-violate-the-rules-of-professional-conduct/">here</a>.</p>Professor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.com0