Professional Responsibility Blog

Professor Alberto Bernabe - The University of Illinois-Chicago School of Law

Saturday, January 30, 2010

NJ Supreme Court to decide (again) whether attorney can be sued for malpractice in negotiating a settlement that the client agreed to

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Law.com is reporting ( here ) that the New Jersey Supreme Court has before it a case ( Guido v Morris ) which raises the issue of whether a ...

More on fake blogs and advertising on the internet

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A few posts below this one you will find a note about companies that have set up "fake blogs" as means to create advertising on th...
Wednesday, January 27, 2010

$5,000 fine for solicitation after airplane crash

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Eric Turkewitz is reporting today that Detroit attorney Carl Collins has paid a $5,000 fine for his solicitation of victims in the wake of t...

TV show review: The Deep End

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"The Deep End," a new tv show about lawyers premiered Thursday night on ABC. The plot revolves around the lives of four first-year...
Monday, January 25, 2010

Movie review: William Kunstler, Disturbing the Universe

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Last Thursday, I posted an announcement about (and the trailer of) the new documentary on William Kunstler currently playing at the Gene ...
Saturday, January 23, 2010

How not to practice law: sue your own client

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Just about a year ago I discussed the case of US v Beltrán Moreno as a remarkable example of incomptence (see here ). This was the case of t...

Solicitation on the internet: using fake blogs to make search engines help lawyers who want to solicit clients

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A few years ago, attorney Eric Turkewitz, the host of the very good New York Personal Injury Blog, commented on the practice of using blogs ...

Another aritcle on "the isolation of legal practice and suicide"

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I don't want to be depressing with two consecutive posts on this subject but it just so happens that yesterday the Wall Street Journal L...
Friday, January 22, 2010

High suicide rate within the legal profession

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During the first week of class, I spent a little time talking about how it is easy to be unhappy with our work as lawyers if we don't en...

John Edwards and professional discipline for dishonesty?

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In class the other day we discussed Model Rule 8.4's broad reach on the issue of "dishonesty." I also told my students of a ce...

Commercials

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Just in time for my class on attorney advertising, Prof. Jonathan Turley has compiled a good selection of short commercials here. Take a l...
Thursday, January 21, 2010

Documentary film about William Kunstler

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William Kunstler was one of the most important and influential civil rights lawyers of his generation. (If you are in my class at JMLS, chec...
Wednesday, January 20, 2010

Sanctions for misconduct in process of "e-discovery"

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Article here ; opinion here . Thanks to Legal Ethics Forum for the links.
Monday, January 18, 2010

How not to practice law: show up to court drunk

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Here is another addition to our running list of simple rules on how NOT to practice law: show up to court drunk. The Legal Profession Blog...
Sunday, January 17, 2010

One question; seven answers

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Here is the question: “How can you sleep at night when you know you are representing a criminal defendant who is guilty?" Here is a lin...

Can prosecutor ask defense attorney to quit representing a client as part of a plea bargain for a different client?

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Is it ethical for a prosecutor to make a deal to reduce a sentence for one defendant conditioned on an agreement by the defendant's defe...
Friday, January 15, 2010

What do you have to do to get disbarred...?

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I have criticized at least once ( here ) an Illinois hearing board for imposing light sanctions for misconduct. Today I have to add to that ...
Thursday, January 14, 2010

Contingency fees might be coming to the UK

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Tort reformers in the US often suggest that we should do away with the use of contingency fees and adopt the "loser pays" system t...

Lawyers and social media

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Simple Justice Blog has a good post today about "lawyers and social media" and other dangers on the internet.... It starts like t...
Monday, January 11, 2010

Can flat fees be non-refundable?

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I have blogged before about the increasing attention that the concept of flat fees is getting, particularly at a time when clients are looki...
1 comment:
Sunday, January 10, 2010

Another case of prosecutorial misconduct

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Here is yet another report of prosecutorial misconduct. Law.com reported a few days ago that a Santa Clara County, Calif., Superior Court ju...

Is joint representation of criminal defendants per se a conflict of interest?

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On December 29, the Illinois Court of Appeals published an interesting opinion that briefly touched on the question of conflicts of interest...
Saturday, January 9, 2010

Illinois Appellate Court misses chance to point out prosecutorial misconduct

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Sometimes cases catch my eye for what they fail to say rather than for what they do say... Such is the case with a recent decision out of th...
1 comment:
Friday, January 8, 2010

Himmel in trouble again

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Back in March I reported a hearing board filed an opinion recommending to suspend James Himmel, the protagonist of In Re Himmel , the famous...

Another story related to how using social media can cause problems for lawyers and judges

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I have posted recently on different problems that can arise related to lawyers and judges using social media such as facebook. See here , he...
Tuesday, January 5, 2010

More on the DOJ plans to prevent prosecutorial misconduct

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Yesterday I reported ( here ) that the Federal Dept. of Justice recently issued some guidance memos for all federal prosecutors regarding th...

When is a settlement valid?

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The New York Personal Injury Blog and the New York Injury Cases Blog are reporting on the following interesting case. Quoting from the NYP...

Is is the attorney-client relationship still an attorney-client relationship if the client takes control of all aspects of lawyering?

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Law.com is reporting ( here ) on an interesting case where the court held that the client (a non-practicing attorney) sought to contractuall...

What do you have to do to get disbarred...?

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I have often complained about the inconsistency within and among jurisdictions when it comes to sanctions and about the ineffectiveness of i...

The limits of proper argument; no prosecutorial misconduct for reference to religion

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The Legal Profession Blog is reporting that the Oklahoma Supreme Court has affirmed a death penalty sentence in a case in which the defenda...

Parties agree to settle and dismiss case re immunity for prosecutorial misconduct pending before Supreme Court

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As I had reported previously ( here , here , here and here ), last November the Supreme Court heard oral arguments in a case called Pottawa...
Monday, January 4, 2010

How not to practice law: have affair with married woman, then agree to represent her husband in divorce

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I haven't added anything recently to our running list of examples on how not to practice law, so here is a recent case that caught my e...

Article on access to representation

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Here is a link to an article by the Chief Justices of California and New Hampshire in which they endorse the trend towards unbundling and e...

Are Michigan public defenders violating their clients constitutional rights?

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Legal Ethics Forum is reporting that the Michigan Supreme Court has before it a case where the plaintiffs contend that the public defender s...

DOJ issues plans to prevent prosecutorial misconduct

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Back in October I reported that after a number of instances of prosecutorial misconduct or ineffectiveness in high profile cases, the Dept o...

Comment on issue of judges using facebook and other social media

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I recently posted a couple of stories on whether it was unethical for judges to "socialize" with lawyers through facebook and othe...

Comment on the more recent news re prosecutorial mishaps

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The Wall Street Journal Law Blog has a short comment on the dismissal of charges in the Blackwater case. Go here for the story.
Saturday, January 2, 2010

Trying to catch up!

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For the past few weeks I was pretty busy preparing exams, grading exams and enjoying the holidays, so I was not very good at keeping the blo...

Prosecutorial conduct results in dismissal of charges... again

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2009 may have been a record year for reported cases regarding prosecutorial misconduct. If you go to my section on Prosecutors ( here ) you...
Tuesday, December 22, 2009

Pres. Obama's strange nomination for legal aid agency

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A few days ago, President Obama announced his intention to nominate Sharon Browne to the board of directors of the Legal Services Corporatio...

Another end of the year top 10 list

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A few days ago I commented that this is the time of the year when you start to see "top ten lists"... Here is another one: New Y...

Wash State Bar Approves Attorney's Plan To Split Fees With Foreign Law Consultant

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A recently released Washington bar's ethics committee concludes that lawyers in the state of Washington may accept referrals from foreig...
Sunday, December 20, 2009

Whistleblower gets recognized as most influential person in business ethics

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John Kopschinski, a former sales rep whose lawsuit led to the record breaking, eye rolling, jaw dropping $2.3 billion settlement, exposed ph...

More problems in New York

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A few days ago, I posted a story about the apparently prevalent practice among the NYPD to falsify records. (See two posts below this). Now ...

End of the year "top ten lists"

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Tis that time of the year... As we get closer to the end of the year, we will see "top ten lists" pop up all over ... "top te...
Thursday, December 17, 2009

Famous federal judge claims NYPD has record of falsification by arresting officers

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Famous federal judge Jack Weinstein has lashed out at the New York Police Department, accusing the department of a proven record of “widespr...

Podcast on value billing as an alternative to hourly fees

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Once again, there is a lot of talk about the death of the billable hour and the rise of alternative billing methods. Here is a link to a po...

Transcript of the order re prosecutorial misconduct

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Yesterday I posted that prosecutorial misconduct resulted in dismissal of charges in a high profile stock-option backdating case. Here is th...
Tuesday, December 15, 2009

Prosecutorial misconduct results in dismissal of charges

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A federal judge has dismissed fraud and conspiracy charges against Broadcom Corp. co-founder Henry T. Nicholas and former Chief Financial Of...

Congress boosts Legal Services ...but not much

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Last September, the Legal Services Corp., which distributes funding nationwide for civil legal representation of the poor, released a report...
Monday, December 14, 2009

More allegations of prosecutorial misconduct; Second Circuit rules protected by immunity

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A criminal defendant who was wrongfully convicted of murder cannot sue prosecutors for their delay in disclosing the exculpatory results of ...

Book Review: The Idiot's Guide to the Criminal Justice System

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Here is a link to a review of the book The Complete Idiot's Guide to the Criminal Justice System. I have not seen the book, so I can...

More on judges using facebook

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The Legal Profession Blog is reporting that the South Carolina Advisory Committee on Standards of Judicial Conduct has published an opinion ...
Thursday, December 10, 2009

New rule re conditional admission in Florida

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The Legal Profession Blog is reporting today that the Florida Supreme Court has announced the adoption of a new rule that limits the confid...
Wednesday, December 9, 2009

Amendment to cap attorney's fees as part of health care reform defeated

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The PopTort is reporting that an amendment to the Senate health care bill that would have imposed national wage caps on fees for attorneys...

Mass Sup Ct eases restrictions on judges' ability to explain decisions in public

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The Massachusetts Supreme Judicial Court announced a new judicial conduct rule today that slightly eases restrictions on state court judges...

It's not so bad to violate a rule if you have a good reason for it (part 2)

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Last summer I posted a comment with the same heading as this one ( here ) (hence the "part 2"). In it, I explained my position tha...

Judges using Facebook or other "social media"

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The Florida Judicial Ethics Advisory Committee has issued an opinion on ethical issues relating to judges' use of on line social networ...

More prosecutorial misconduct

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There have been a lot of reports of prosecutorial misconduct this year. Go here so see my posts on this subject. Here is another recent e...

D.C. considers IOLTA program

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The Blog of Legal Times is reporting that the District of Columbia Bar is looking to join the more than 40 state bars around the country tha...

Supreme Court Sides With Florida Inmate on Ineffective Assistance

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On Nov 30, the Supreme Court issued a powerful unsigned "per curiam" opinion agreeing that the ineffective assistance of counsel f...

Opinion on duty to disclose information related to identity theft

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The judge who ruled that lawyers can't be forced to comply with new federal rules meant to prevent identity theft released his written o...
Monday, December 7, 2009

NGOs request disbarment of torture memo lawyers

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On Friday, November 27, 2009, Disbar Torture Lawyers, www.disbartorturelawyers.com , a group of NGOs representing over a million members, fi...

New cases on ineffective assistance of counsel

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Go here and here for recent posts on ineffective assistance of counsel (and links to some of the cases). Thanks to the Legal Ethics Forum ...

Update on the story re deputy to took documents from attorney's file without permission

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Go here for the latest update. If you don't know what the story is about, go here and follow the links back to the original story (and...
Sunday, December 6, 2009

Taking a break from blogging

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Loyal followers of this blog may have noticed fewer posts during the past couple of weeks. That's because I have been busy wrapping up t...
Friday, December 4, 2009

Virginia discusses new rule on sexual relations with clients

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The Virginia State Bar has proposed an ethics opinion that concludes that lawyers should refrain from having sexual relationships with clien...
Wednesday, December 2, 2009

Attorney's fees and health care reform

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Here is a link to a cloumn from The Modesto Bee (November 29, 2009 edition) discussing how attorney’s fees may play a role in the national ...

Deputy who stole documents from defense attorney goes to jail

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A few days ago, I posted and commented on a video of a deputy stealing a document from a defense attorney in the middle of a court proceedin...
1 comment:

Delay in providing retainer agreement costs firm six figures

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Delay in providing clients with a full copy of the applicable retainer agreement for their matter has cost a New Jersey law firm a six-figur...
Monday, November 30, 2009

Book Review on "A Modern Legal Ethics"

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Profs. Monroe Freedman and Abbe Smith, authors of Understanding Legal Ethics , a book I often recommend to my students, have written a revie...
Tuesday, November 24, 2009

Court of Appeals for the 9th Circuit upholds restrictions on legal aid funding

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In 1996, Congress attached certain rules to the budget of the Legal Services Corp., which funds lawyers for the poor in civil cases, in orde...
Monday, November 23, 2009

The year of the flat fees?

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Commentators continue to announce the death of the billable hour. This short news item from the Wall Street Journal Law Blog has a bit of ev...
Friday, November 20, 2009

Illinois Appellate Court reverses conviction for violation of right to counsel

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The appellate court of Illinois (second district) has just issued an opinion in which it reversed a conviction because the trial judge frail...
Thursday, November 19, 2009

Editorial on the death penalty case tried by a judge who was having an affair with the prosecutor

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Back in September I commented on the news that the Texas Court of Criminal Appeals — the state’s supreme court on criminal matters — ruled t...

Should attorney be disciplined even though malpractice claim is dismissed?

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Here is an interesting fact scenario courtesy of the Legal Profession Blog : a client retained a lawyer to pursue an employment discriminati...

More on whether humiliating punishment is proper prosecutiorial/judicial discretion

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A few days ago, I posted a comment on the issue of whether humiliation is a proper punishment in our criminal justice system or whether it ...

Court rules against the deputy who stole document from attorney

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A few days ago, I posted and commented on a video of a deputy stealing a document from a defense attorney in the middle of a court proceedin...
Wednesday, November 18, 2009

Podcast on the right to court appointed representation in civil cases

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As previously reported, California recently enacted a pilot program that will provide lawyers for indigent clients in civil cases. See my po...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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