Professional Responsibility Blog

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

Monday, March 29, 2010

Alternatives to the adversary system?

›
Here is the link to an interesting comment suggesting the need to change our approach to discovery disputes. The problem? Here is how the a...

Speaking of frivolous litigation, how about frivolous legislation?

›
Prof. Jonathan Turley is reporting today ( here ) that the governor of Utah has signed legislation authorizing the state to exercise eminent...

"Virtual office" not good enough in New Jersey

›
Law.com is reporting today that two court regulatory committees in New Jersey have concluded that "virtual offices" do not satisfy...

How not to practice law: get clients to give you title of their house so they avoid foreclosure, then get them evicted

›
The Legal Profession blog is reporting today ( here ) that the New York Appellate Division for the Second Judicial Department suspended an a...

Lawyering and expert witnesses in the tobacco litigation

›
Here is a link to a very interesting article in The Nation magazine about the use of experts in the "big tobacco litigation" case...

On health care and frivolous litigation part 2

›
Following up on my comment below on whether the attacks on the constitutionality of the health care law are frivolous, here is a podcast of ...
Friday, March 26, 2010

On health care and frivolous litigation

›
I am not a Constitutional law expert so I asked some of my colleagues about the lawsuits filed by several Attorneys General challenging the ...

DC's IOLTA program will be mandatory

›
The IOLTA program in the District of Columbia used to allow attorney's to "opt out" from participating. This will no longer be...

On inadequate representation of indigent clients

›
I recently wrote about a class action New York seeking to force the state to fulfill its obligation to provide competent legal representatio...

Suspension for poor supervision and employee's mishandling of client's funds

›
In class we emphasize how important it is to handle client's funds properly. As everybody knows, mishandling clients' money is one ...
Thursday, March 25, 2010

The Nation on torture, lawyers and professional responsibility

›
Twice in the last couple of weeks the main editorial in The Nation magazine has been about issues related to professional responsibility. Th...
Monday, March 22, 2010

Supreme Court to review case on possible liability for failure to train prosecutors to perform their duties

›
The Blog of the Legal Times is reporting today that the US Supreme Court has agreed to review Connick v. Thompson , a case in which the U.S...
Saturday, March 20, 2010

How not to practice law: let the client dictate (bad) strategy

›
A few minutes ago, I posted a new addition to our list of examples of how NOT to practice law. Here is yet another one: allow a rich client ...

Bankruptcy Lawyers Troubled by Recent High Court Ruling

›
As I reported a few days ago, the Supreme Court upheld the application to attorneys of a federal law that bars "debt relief agencies...

How not to practice law: ask client to pay fees with sex

›
Here is the most recent addition to our running list of examples of how NOT to practice law. This is one we have seen before and it should b...
Friday, March 19, 2010

Illinois Supreme Court interprets application of 'no contact' rule in criminal cases

›
The Supreme Court of Illinois published an interesting opinion today interpreting the reach of Rule 4.2 of the Illinois Rules of Professiona...
Wednesday, March 17, 2010

NY case challenges adequacy of public defender system

›
Because an estimated 80 percent of felony defendants in large states are too poor to hire their own lawyers, a class-action suit to be argue...

Detainees' lawyers reply to Liz Cheney's attacks

›
Two former Guantánamo detainee lawyers have published an article commenting on Liz Cheney's campaign against the Dept of Justice for emp...

Illinois Supreme Court announces list of disciplined attorneys; here's what they did to deserve it

›
The Illinois Supreme Court has announced the most recent list of disciplined lawyers in the state. Seven were disbarred, nine were suspended...
Friday, March 12, 2010

New York Advertising Rules Held Unconstitutional

›
Breaking news from New York: the Second Circuit has announced it is upholding a lower court's ruling that New York’s lawyer advertising ...

Supreme Court upholds law related to attorney speech

›
Last week, the Supreme Court upheld the application to attorneys of a federal law that bars "debt relief agencies" from advising c...

Missing deadline results in malpractice verdict

›
The Legal Profession Blog is reporting today on an interesting case that illustrates a problem that has bothered me for a long time. The sto...

Are secret settlements unethical?

›
It is not uncommon for defendants to offer more money to settle a case if the plaintiff and the attorney for the plaintiff agree to keep the...
Thursday, March 11, 2010

Unethical conduct by Toyota in litigation?

›
Here is a short video (after a commercial) from CNN on an important aspect of the Toyota affair. It discusses the possibility that Toyota fa...
1 comment:

New York Times publishes debate about the Guantánamo detainees lawyers at the Dept of Justice

›
The New York Times has published a lively and very instructive debate on the issues raised by the attacks on the Government for having hired...
Wednesday, March 10, 2010

Meet a Guantánamo detainee lawyer

›
Here is an interview from a few years ago of an American lawyer who volunteered to represent Guantánamo detainees before the Supreme Court. ...

The debate about Liz Cheney's attacks on DoJ lawyers continues

›
Over at the Legal Ethics Forum, Prof Andrew Perlman (Suffolk Univ Law School) has posted a short, but very good comment on the issue ( avail...

In Search of Volunteer Lawyers for Death Row Inmates

›
In Search of Volunteer Lawyers for Death Row Inmates... Go here for the full story .
Monday, March 8, 2010

More on the controversy over Dept of Justice hiring former detainee lawyers

›
Here is a segment from last Friday's TV show Countdown with more details on the controversy and the reaction to the video: Visit msnbc.c...

More debate as to the attacks on the Dept of Justice lawyers

›
A group of well-known conservative lawyers have signed on to a letter chiding Liz Cheney as well. The letter states, in part: "The past...

Support legal aid in Illinois

›
From the Illinois State Bar Association blog: "Gov. Quinn will announce his budget plan for fiscal year 2011 on Wednesday, March 10. Fo...
Sunday, March 7, 2010

Controversy over Dept of Justice hiring former detainee lawyers

›
By now I am sure you have heard the controversy and debate generated by a video that criticizes the Obama administration for hiring lawyers ...
Friday, March 5, 2010

Podcast on IOLTA Accounts

›
The Legal Talk Network has posted an informative podcast on the many details that relate to keeping IOLTA accounts. You can listen to it by...

Attorney for defendant in Fort Hood shooting starts a blog

›
CNN is reporting here that John Galligan, the attorney for the Army psychiatrist implicated in a shooting at a Texas military base, has res...
Monday, March 1, 2010

Ethics opinion on the relationship between a lawyer representing a client with diminished capacity and a guardian at litem

›
A new ethics opinion (no. 353) from the District of Columbia (available here ) examines whether a lawyer representing a client with diminish...
Friday, February 26, 2010

LegalZoom Sued in Class Action for Unauthorized Law Practice

›
IP Watchdog is reporting that "LegalZoom" was sued in Missouri for engaging in the unauthorized practice of law (for a copy of the...

Why don't lawyers call back?

›
The two most common complaints about lawyers are usually that their fees are too high and that they don't keep the client well informed ...

Death penalty reversed in case in which the judge and prosecutor were dating

›
Back in September 2009, I commented on the news that the Texas Court of Criminal Appeals — the state’s supreme court on criminal matters — r...
Wednesday, February 24, 2010

Public defender story

›
From a story in Simple Justice Blog: A new blawg, Public Defender Revolution , has joined the blawgosphere, with an interesting 6 year old t...

How not to practice law: park in the handicapped parking spot

›
Here are two additions to our running list of ways NOT to practice law. I'll let the headlines speak for themselves. Lawyer Suspended f...
Sunday, February 21, 2010

Judicial appointments for prosecutors who had been disciplined for misconduct

›
The criminal defense law practice blog "Simple Justice" has an interesting story about two prosecutors who intentionally ignored a...
Saturday, February 20, 2010

No discipline for torture memo authors

›
As you all probably know by now, the big news this week is the fact that the Office of Professional Responsibility of the Dept of Justice is...

Interesting story of romance, conflicts of interest and dishonesty

›
The Legal Profession blog is reporting today an interesting story. The story starts with an attorney who began to date a guy she had met at...

How not to practice law: lie

›
I have noted before that lying to the disciplinary committee is never a good idea! See here . Now the Legal Profession blog is reporting a ...
Saturday, February 13, 2010

Former bank robber applies to law school

›
Here is a link to a story in the New York Times about a former bank robber who became a "jailhouse lawyer" (an inmate who prepare...
Tuesday, February 9, 2010

ABA misses the mark on resolution about criminal justice system

›
The ABA annual meeting was held recently and the House of Delegates announced 9 criminal justice resolutions. One of them bothers me. It say...
Friday, February 5, 2010

Prosecutor is immune from civil liability even though guilty of hiding evidence

›
The Court of Appeals for the 6th Circuit has held that a former federal prosecutor who was tried and acquitted of conspiring to hide evidenc...

Illinois Supreme Court recognizes a possible claim for ineffective assistance of counsel

›
The Supreme Court of Illinois has found that a convicted defendant has alleged enough facts to support a claim of ineffective assistance of ...

How not to practice law: get married when you are already married

›
Here is an interesting addition to our on-going list of "how not to practice law".... The Legal Profession Blog is reporting that...

Client autonomy in criminal cases

›
Next week I will be discussing the concepts of "client autonomy" and the "allocation of authority" within the attorney-c...

New article on the constitutionality of IOLTA programs

›
IOLTA programs are a mechanism for funding legal services for the poor. They require attorneys to place certain funds in interest generating...
Monday, February 1, 2010

Update on disbarment for not taking role of juror seriously

›
Back in July I posted that the California Supreme Court has disbarred an attorney who reportedly changed his vote during jury deliberations ...
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

›
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

›
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

›
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

›
"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

›
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

›
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

›
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"

›
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

›
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?

›
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...
‹
›
Home
View web version
Professor Alberto Bernabe
UIC School of Law, Chicago
View my complete profile
Powered by Blogger.