Professional Responsibility Blog

Tort Deform Blog has published a short comment on the crisis regarding lack of access to legal representation in civil cases. Among other th...

I have posted before on the debate regarding whether the drafters of the "torture memos" should be disciplined for violations of e...

Here is a link to a good article on Pres. Obama's decision to resume the use of Bush era military tribunals by Joanne Mariner, the Terr...

The Obama administration has announced it will restart the controversial Bush military tribunal system. The tribunal system has been widely ...

Here is a link to an interesting article on the debate over hourly fee rates. As the article states, "the imminent demise of the billab...

In a rare victory for criminal defendants, the Chicago Daily Bulletin reports that the 5th District Appellate Court of Illinois has reverse...

I have blogged before about the problems in our criminal justice sytem due to the inadequate funding for programs that provide representati...

Assume a firm has an account with an online research service like Westlaw or Lexis according to which the firm pays a flat fee for using the...

In a recent story published in the ABA Journal.com, Debra Cassens Weiss states that "A new study claims bankruptcy lawyers are billing ...

I spend some time in class looking at the disparities in sanctions imposed for different types of offenses. Inevitably, we conclude that the...

Louisiana Supreme Court has ruled that confidentiality rule that blocks any participant in an attorney disciplinary proceeding from publicly...

Earlier this month the Supreme Court of Ohio ruled that a sole practitioner violated numerous ethics rules by using misleading firm names th...

Not too long ago I posted some comments on recent cases involving improper arguments by prosecutors (see here and here . Also, see here fo...

A few days ago I posted a note on a case called Pottawattamie County v. Harrington which raises the issue of whether prosecutors should be ...

A few days ago I reported on the case of a lawyer who was disciplined for, among other things having altered grades in a law school transcr...

Model Rule 1.8 (and its state equivalents) do not ban a lawyer from engaging in business transactions with clients. However, it is clear th...

An Illinois Hearing Board has recommended a three year suspension in a case involving an attorney who had failed to disclose information in ...

Here is a new case that involves the often debated issue of whether an attorney should be sanctioned for conduct not related to the practice...

The Legal Profession Blog is reporting today on a case out of Ohio in which a lawyer forged the signature of a judge on a draft judgment ent...

There is a lot of literature out there criticizing our criminal justice system for, among other things, not doing enough to protect the righ...

Here is another entry into our list of ways not to practice law : offer to exchange legal services for stolen property. Story here.

Debra Cassens Weiss of the ABAJournal.com reports that the U.S. Supreme Court has decided to hear a case involving prosecutor immunity from ...

Two-thirds of Americans polled by the ABA support federal funding to help Americans who need legal assistance. Story here.

A few days ago I posted about a lawyer who was disbarred for not paying student loans. Today, the ABA Journal.com is reporting that the App...

Illinois Rule of Professional Conduct 4.2 generally prohibits a lawyer who is representing a client from dealing directly with others who ha...

I have long been a proponent that sanctions must mean something. Mere slaps on the wrist do more harm than good. See here , for example. Whe...

Attorney General Eric Holder Jr. said on Tuesday he would require additional training for prosecutors to reinforce their understanding of r...

Back in January I reported on the proposed disbarrment of an attorney for having engaged in bank robbery (duh!). Yesterday, the Supreme Cou...

A 43 year old man going by the name Perry Mason, was arrested in Houston for practicing law without a license. Full story (very short) here...

Here is another wake up call for our students: pay your loans! The National Law Journal is reporting today that the Texas Court of Appeals ...

The Justice Project has released a report on prosecutorial misconduct. The report is available here. It starts: "Prosecutors are argua...

The ABA Journal.com is reporting today that the New Orleans-based 5th U.S. Circuit Court of Appeals has upheld the punishment barring lawyer...

The ABA Journal.com is reporting today that a report by a group reviewing Florida bar admission standards has called for a number of changes...

About a month ago, I posted a note on the fact that the ABA made a pretty major mistake in drafting the recently approved amendment to Mode...

Irked by a Wisconsin lawyer's failure to proofread his pleadings, among other errors, a state appeals court has suggested that the lawye...

In a strongly worded, 50-page opinion (available here ), U.S. District Judge Alan S. Gold has reprimanded federal prosecutors and ordered th...

The North Carolina Court of Appeals recently affirmed a criminal conviction in a murder case, rejecting the contention that the trial judge...

A provision in New York’s $131 billion state budget bill passed last week calls for a cap on the number of criminal cases each New York City...

Two New Jersey trial judges are in hot water for belittling litigants with discourteous, undignified and discriminatory remarks from the ben...

On Monday, the U.S. Supreme Court agreed to consider whether a fee awarded under a federal fee-shifting statute can ever be enhanced based s...

The Justice Department is once again being threatened with contempt of court after United States District Court Judge Emmet Sullivan found t...

There appears to be an emerging trend of bar prosecutions against prosecutors -- which is definitely a good thing, by the way. Here is ano...

Most states' rules of professional conduct state that they are not meant to illustrate duties in tort law, but that many (perhaps most) ...

Here is a link to a comment by Prof. Monroe Freedman on the appalling situation of ineffective assistance of counsel that so many indigent ...

Public Citizen, a national consumer advocacy agency, has filed a lawsuit against The Florida Bar challenging the constitutionality of its ba...

A couple of months ago I posted a note about a case where, after a judge ordered a lawyer off a case and banned from getting any fees (beca...

Here is a link to an article that discusses the indictment, trial, conviction, and sentencing of Berkeley Nutraceuticals’ former in-house co...

The most recent ABA/BNA Lawyers' Manual on Professional Responsibility has a good article summarizing the state of the law related to an...

The District of Columbia bar's ethics committee issued an opinion this month that concludes that attorneys may charge a reverse continge...

Way back when I started this blog, I posted a photo that started a big controversy over advertising in Chicago. It depicted the semi nude bo...

Here is an interesting case that discusses an issue I had never seen before.An attorney, representing a plaintiff in a medical malpractice a...

Prof. Jonathan Turley reports today about a case in which the Eighth Circuit Court of Appeals which removed Judge Dean Whipple of the Wester...

What are the moral implications of representation? Is it fair to judge attorneys based on their clients? These are important questions that ...

I have recently posted a couple of comments on cases that discuss the limits of proper argument ( here and here ). Here is another new cas...

Here is a link to an article in the National Law Journal about billing clients during tough financial times. Full story here.

The Legal Profession Blog reports today that an Illinois hearing board concluded that a lawyer's license should be "monitored rathe...

A couple of days ago I posted a note about a case in Michigan involving a judge and prosecutor who got caught in a scheme to allow perjured ...

Marcia Coyle, of the New York Law Journal, is reporting today that Congress has authorizeda raise for attorneys who accept assignments under...

Law.com is reporting today that a key group of Democratic senators has introduced a bill to increase funding for the Legal Services Corp. (L...

A Michigan judge, a former prosecutor and two police officers have been charged with several counts of misconduct and conspiracy to commit p...

In an opinion announced yesterday, the U.S. Supreme Court rejected a claim of innefective assistance of counsel filed by an inmate convicted...

As all other states, Illinios has an IOLTA program which uses the interest earned in certain lawyer trust bank accounts to fund legal aid pr...

A recent study of capital cases in Texas shows that nine death row inmates lost their appeals due to the failure of counsel to file by the c...

Suppose a client confidentially tells his attorney that he is going to kill a certain person and that the attorney then discloses the inform...

There are many cases available to illustrate issues of misconduct during discovery in civil cases - particularly during depositions. The New...

The Legal Profession Blog is reporting today that the New York Appellate Division for the Third Judicial Department has declined to admit an...

Last Friday, I posted a note commenting on a case in which the Court held that a prosecutor "exceeded the limits of approved rhetoric....

James Himmel, the protagonist of In Re Himmel , the famous case about the duty to report another lawyer's misconduct, is in trouble agai...

Public Citizen reports today on an interesting development in Minnesota where an old "reform" tactic is back in style. As I have ...

The Florida Supreme Court decided Feb. 19 in Florida Bar v. Herman (available here ) that launching a company in the same business as a corp...

In the famous case Togstad v. Vesely, Otto, Miller & Keefe (1980) the Supreme Court of Minnesota recognized the possibility of a legal ...

Assume a district attorney has doubts about the guilt of the defendant in a criminal case, but his boss tells him to continue to prosecute t...

"The limits of proper argument" is a phrase I use to describe a topic we cover in class related to whether there should consequenc...

In a story from about a week ago, a lawyer in California was caught lying to a judge about whether he changed his vote as a juror in a case ...

ABA Model Rule 1.10 was recently amended to allow a law firm to erect a screen around a recently hired attorney to prevent that lawyer's...

We "legal ethicists" must be on the same wavelength! A few minutes after I finished the previous two posts, I started getting ema...

Just when I finished my previous post, I noticed a new comment on the same question in the Legal Ethics Forum. Go here for the full comment ...

Since my post a few days ago on whether John Yoo should be disbarred I have been reading many of the news items on the subject. I found a co...