Professional Responsibility Blog

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

Monday, May 17, 2010

Electronic solicitation after the NY Staten Island ferry crash

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The New York Personal Injury Blog has a good comment on the ways in which some firms are using Google to make sure the search engine directs...

Lawyer mobility and state jurisdictional barriers

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The Ethical Quandary blog has a short report on a trio of recent decisions that address lawyer mobility and, according to the authors, furth...

Sanctions for not locating electronically stored information

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Here is a story about why, "although data storage media have changed, old practices for collecting client information are as applicabl...

Senate proposal would eliminate protection for lawyers against private lawsuits

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The Washington Post is reporting today ( here ) that a proposed amendment to the larger financial regulatory overhaul bill would allow share...
Saturday, May 15, 2010

How not to practice law: if you make a mistake lie to cover it up

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Here is a new addition to our "how not to practice law" series. This one illustrates a basic principle that I try to teach my stud...

NBC retires Law & Order

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I often make references to the tv show "Law & Order" in my classes. Now, pretty soon I will have to do something else I do som...

SC takes a strong stance against discovery abuse

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Last week, the South Carolina Supreme Court indicated that it would no longer tolerate impermissible fishing expeditions during the discover...
Saturday, May 8, 2010

Can a lawyer disclose confidential information to reply to media reports about the lawyer?

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Suppose a former client, for whatever reason, disseminates unfair or inaccurate descriptions about the lawyer and the lawyer's represent...

NY highest court revives action challenging public defender system

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Back in March I reported that a class-action filed in New York to challenge the state's public defender program by arguing that the syst...

Ethical issues related to internal investigations

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Here is a link to a short comment on some of the common ethical issues related to internal investigations.
Wednesday, May 5, 2010

Interview re ethics issues

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Every now and then, the " unreasonable dangerous products liability blog " posts brief interviews with law professors, practitione...

Comment on the ghostwriting opinion

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Here is a link to a short comment critical of the opinion on ghostwriting I mentioned in my previous post. It concludes as follows: Should ...
Tuesday, May 4, 2010

NY ethics opinion allowing "ghostwriting" for pro se litigants

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In a new Ethics Opinion, the New York County Lawyers' Association concludes that in most cases it is ethically permissible for a lawyer ...

New York Chief Judge Urges Greater Legal Rights for the Poor

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The New York Times is reporting today that New York’s chief judge is calling for a new guarantee of a lawyer for poor people in civil cases,...
Friday, April 30, 2010

Ohio adopts new rules for discovery in criminal cases

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There is a very important development to report in Ohio. The Ohio Supreme Court has filed with the Ohio General Assembly final amendments t...

How not to (leave the) practice (of) law

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Adding to our ongoing list of posts on "how not to practice law," here is the story of a lawyer who decided to leave the practice ...

Avoiding problems when withdrawing from representation

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There are two items of interest in todays' news on terminating the representation of clients: Here is a link to an article published in...

Using false evidence?

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Your client's mother says your client was at home asleep at the time of the crime for which the client is on trial. She honestly believe...
Thursday, April 29, 2010

NY Times on Supreme Court's denial of review in death penalty case during which the judge and the prosecutor were dating

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Will Texas really execute a defendant when the judge and prosecutor had an undisclosed romantic relationship? Here is a link to an editoria...
Wednesday, April 28, 2010

Conflict of interest in Toyland

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Nintendo Co. has asked an Arkansas federal judge to disqualify a law firm in a patent infringement case because the firm allegedly learned ...
Monday, April 26, 2010

Bar Leaders Ask Congress To Boost LSC Funding

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The Blog of the Legal Times is reporting that the presidents of 61 state and territorial bar associations and their counterparts at five nat...
Sunday, April 25, 2010

Domestic abuse and the practice of law

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Here are two recent stories involving domestic abuse and the practice of law. In the first one, an Illinois hearing board recommended a two-...
Friday, April 23, 2010

Top eight reasons to do pro-bono work

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Attorney Dawn Levine has published an article in Small Firm Business on why it is a good idea to engage in pro bono work. Go here for the f...

Prosecutor's comments result in reversal of conviction

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The Legal Profession Blog is reporting today on a recent case in which the New Jersey Appellate Division has reversed a a conviction because...

Pharmaceutical company goes after defeated plaintiff

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Back in 2007, 7-year-old Kristen Spears, who suffered from cerebral palsy, was administered a series of therapeutic Botox shots to relax the...
Wednesday, April 21, 2010

Supreme Court denies review in death penalty case during which the judge and the prosecutor were dating

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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...
Tuesday, April 20, 2010

Comment on prosecutorial misconduct

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Long time followers of this blog might remember that last year there were a lot of reports of prosecutorial misconduct. I have not heard ma...

Stuff you hear in court

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" On the Record in Cook County " is a blog that posts comments overheard in the courtrooms in Cook County, Illinois. Here are a fe...
Friday, April 16, 2010

What not to wear

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Can your shirt defeat your right not to incriminate yourself? Thanks to Jonathan Turley...
Saturday, April 10, 2010

Sanctions for failing to tell opposing party that client had died

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Two days ago, the Minnesota Supreme Court decided a case similar to Virzi v Grand Trunk , a case assigned for our next class. In the Minneso...
Friday, April 9, 2010

No insurance coverage for misconduct re fees

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A recent Illinois Appellate Court decision has held that no coverage was available to an attorney under a lawyer's professional liabilit...

What was wrong with the April Fools joke analysis

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I have been asked by some of my students to explain why I think the argument advanced by those who attacked the lawyer involved in the April...

Lawyer Ads

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Criminal Justice Blog selects its (least) favorite lawyer ads in a post called "5 Ridiculous Lawyer Ads" ( here ).

Federal Judge Strikes Down Waiting Period For Sending Out Targeted Mail to Arrestees

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In a case that has not received a lot of attention, the U.S. District Court for the Western District of Texas ruled about a week ago that a ...
Thursday, April 8, 2010

April fools joke controversy update

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Two posts below this one, you will find the first part of this story. If you haven't seen it, scroll down and read that one first then c...
Tuesday, April 6, 2010

ABA Conference on Professional Responsibility

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The 36th National Conference on Professional Responsibility sponsored by the ABA Center for Professional Responsibility will be held in Seat...
Monday, April 5, 2010

"April Fool's" Joke or Ethical Misconduct?

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This is the (long) story of how an "April Fool's" joke has turned into a debate about professional ethics. I will provide you ...

DC opinion: sponsoring immigrant during representation is a conflict of interest

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The District of Columbia Bar Legal Ethics Committee has issued an important opinion ( available here ) on the practice by immigration attorn...
Friday, April 2, 2010

Supreme Court rules that bad advice re risk of deportation in criminal case resulted in ineffective assistance of counsel

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Two days ago, the Supreme Court announced its decision in Padilla v. Kentucky (available here ) ruling that failure to provide accurate adv...

Disciplinary costs are not dischargeable in bankruptcy

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The Ninth Circuit has joined other federal courts holding that disciplinary costs imposed on attorneys by the California State Bar are inten...

Using a company computer to send personal e-mail to a lawyer does not affect attorney/client privilege

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The New Jersey Supreme Court has decided, in Stengart v. Loving Care Agency, Inc . (available here ), that an employee "could reasonabl...

How not to practice law: pay your bar dues with a check from your client's account

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I continue to be amazed by the items that make it to my ongoing "how not to practice law" posts. Here is the latest. Let's as...
Monday, March 29, 2010

Alternatives to the adversary system?

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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?

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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?

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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?

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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

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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

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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

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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

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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

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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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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