Professional Responsibility Blog

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

Sunday, September 19, 2010

When does rude conduct become unethical conduct?

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Mike Frisch (Ethics Counsel for Georgetown Law Center) of the Legal Profession Blog has an interesting comment on this as it relates to a c...
Friday, September 17, 2010

European Court Limits Attorney-Client Privilege for In-House Counsel

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In a blow to multinational businesses and their in-house counsel, the European Court of Justice on Tuesday held that communications between ...
Thursday, September 16, 2010

Court reverses conviction because of Judge's comments making fun of attorney

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Law.com is reporting that a unanimous appeals panel in New York reversed a robbery conviction and remanded the case to be tried before a dif...

How not to practice law: have sex with client's wife

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Continuing our on-going list of things you should not do while practicing law, here is a report on two cases in different states reported on...

Podcast on med mal in California touches on effects of regulation of attorney's fees on litigation

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Go here for a podcast on California's medical malpractice laws featuring Doug Merritt, a lawyer from San Francisco and Jeffrey S. Mitch...

Reviews of "Outlaw"

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The Abnormal Use blog has posted a review of the tv show Outlaw, about which I wrote yesterday. You can read the full review here . It concl...
Wednesday, September 15, 2010

New TV "courtroom drama" preview tonight

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Back in June, I posted the comment that appears below about three new TV shows expected to start this fall. One of them - Outlaw - previews ...
Tuesday, September 14, 2010

Most Illegal Immigrants Don’t Get Legal Representation

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According to a survey by the Chicago-based National Immigration Justice Center, thousands of people in immigration detention facilities are ...

Unauthorized practice of law is a problem in Texas

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Officials with the Supreme Court of Texas Unauthorized Practice of Law Committee (UPLC) say complaints about immigration consulting business...

Arbitrator rules Toyota former attorney can use arguably privileged documents in litigation against Toyota

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The ABA Journal.com is reporting that an arbitrator has ruled that a former in-house lawyer for Toyota may use documents that otherwise woul...
Sunday, September 12, 2010

On the role of counsel in delinquency proceedings: Guardian or Advocate?

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The Chicago Daily Law Bulletin is reporting that in a petition for leave to appeal in a case called In re Rodney S. (No. 110963), a minor i...
Saturday, September 11, 2010

Yet another reversal because of prosecutor's comments

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Last week a New Jersey appeals court overturned a conviction for attempted murder in part due to the prosecutor's persistent denigration...

Kansas Supreme Court reverses conviction because of judicial and prosecutorial misconduct

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Law.com is reporting that a Kansas man convicted of child molestation will get a new trial because of misconduct by the judge and the prosec...
Thursday, September 9, 2010

Illinois Ct of Appeals again reverses conviction because of ineffective assistance of counsel

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Last week, I reported that the Illinois Court of Appeals recently announced two opinions in which it reversed convictions based on the defic...
Sunday, September 5, 2010

Arizona lawyer may be in need of an exorcism.... or discipline

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To quote Mike Frisch of the Legal Profession blog ..."I thought that I had seen just about everything in the area of attorney misconduc...
Friday, September 3, 2010

For the third time in less than a month Illinois ct of appeals reverses conviction because of prosecutor's comments

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For the third time in about a month the Illinois Court of Appeals has reversed a conviction because of comments made by the prosecutor. The ...

Illinois Ct of Appeals issues two opinions reversing convictions because of ineffective assistance of counsel

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Ineffective assistance of counsel is a contention that is often raised by defendants on appeal and in the vast majority of cases it is rejec...

Illinois Court of Appeals rejects argument re conflict of interest in case where attorney represented alleged perpetrator and victim at same time

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About a month ago, the Illinois Court of Appeals (Fourth District) issued an opinion in a peculiar case in which a convicted defendant argue...

How not to practice law: continue to practice during your suspension

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As with pretty much every single other entry in the on-going "how not to practice law" series, all we can say is "duh!" ...
Thursday, September 2, 2010

Justice Sotomayor speech

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Here is a video of a recent speech by Justice Sonia Sotomayor at the University of Denver Law School. If, for some reason, you don't see...
Sunday, August 29, 2010

Verdict reversed because of plaintiff's lawyer's comments

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For the second time this month, the 3rd District Court of Appeal in Florida has issued a reversal because of inflammatory arguments by an at...

Attorney suspended for billing for more than 24 hours in one day

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Go here for the story of an Ohio attorney who has been suspended for two years after it was determined that she billed the court of Lucas C...
Thursday, August 26, 2010

How not to practice law: make sure you tell the jury the information the judge had excluded

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Here is our latest addition to the running list of things you should NOT do when practicing law. As usual, it is an easy one. If the judge e...

New California Rule on screening

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As reported in The Ethical Quandary Blog , the California State Bar Board of Governors has approved a new rule on imputation of conflicts of...

Public defenders and imputed conflicts of interest

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The Legal Profession Blog is reporting that the Supreme Court of Ohio’s Board of Commissioners on Grievances & Discipline has issued an...

$2 million dollar sanction for frivolous lawsuit

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I have often complained on this blog about inadequeate/lenient sanctions for misconduct. I can't complain today! The Wall Street Journ...
Tuesday, August 24, 2010

Conduct unrelated to the practice of law

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Last night we discussed in class how an attorney can be disciplined for conduct outside the practice of law. Interestingly, apparently there...

Debate as to whether foreign lawyers should be allowed to practice law in the US

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The ABA Commission in charge of performing a review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation...
Saturday, August 21, 2010

Very unusual sanction

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The Legal Profession Blog is reporting today on a bar discipline case from North Carolina that imposes a very unusual limitation on the att...
Wednesday, August 18, 2010

Big law firms in Florida unite to fight new rules on firm websites

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Eight large law firms have submitted a 66-page comment to the Florida Supreme Court objecting to Proposed Florida Bar rules for web adverti...

California modifies statute of limitation for malpractice claims vs criminal defense lawyers

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The California legislature, in what is believed to be the first instance of its kind in the nation, has enacted a law specifically addressed...

Ethical issues related to the debate over the NYC Mosque

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Here is a link to an interesting discussion on ethical issues related to the litigation over the attempts to build a mosque in New York Cit...
Wednesday, August 11, 2010

How not to practice law: pay your employees "under the table"

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Here is a new addition to our running commentary on how NOT to practice law. For the most recent updated list of links on this topic go here...
Tuesday, August 10, 2010

Three cases on the consequences of improper speech by judges and attorneys

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Law.com reported yesterday that an Atlantic County, New Jersey, Superior Court Judge has been hit with ethics charges for allegedly launchin...
Friday, August 6, 2010

Another opinion on whether a conviction should be reversed because of prosecutor's comments

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A few days ago ( here ), I commented on a new case in which the court reversed a conviction because of comments made by the prosecutor. Now ...
Tuesday, August 3, 2010

WSJ article on lawyer suicides

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In the wake of the July 15 suicide of partner in the Chicago firm Reed Smith, the Wall Street Journal Law Blog has published a short article...
Sunday, August 1, 2010

Illinois Court of Appeals reverses conviction because of prosecutor's comments

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Just about a month ago, the Illinois Court of Appeals (4th division) issued an opinion in which it took the unusual step of reversing a conv...
Wednesday, July 28, 2010

On the difficulty of imposing consistent sanctions, again

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Law.com is reporting today that a nine-member District of Columbia Court of Appeals Board on Professional Responsibility has issued a split ...

Sanctions for conduct outside practice of law

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What sanctions would you impose for the following conduct? "Lawyer X left work, consumed alcohol, then fled from the police and ran eig...

Florida case asks whether inadequate funding of public defender's office results in violation of consitituional rights; Michigan says no.

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Here is a link to a comment posted in the Crim Law Prof Blog discussing State v. Public Defender, Eleventh Judicial Circuit , 12 So. 3d 798 ...
Friday, July 9, 2010

Proposed new rules re online advertising criticized in Florida

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The ABA Journal.com is reporting that "[s]tringent new Florida Bar rules on attorney online advertising have ignited a firestorm, attra...

Fools for clients....

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Have you ever heard the expression "a lawyer who represents him or herself has a fool for a client"? Here's a new Ninth Circui...

Sanctions for improper comments before the jury and conduct during trial

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Last month a jury awarded $8 million in compensatory damages ( see here ) in a case against pharmaceutical company Merck in a trial related ...
Friday, July 2, 2010

How not to practice law update

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Here is an update on the how not to practice law list so far (each item is a link to its own post/story): ask client to pay fees with drugs...

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

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Here is a new addition to my on-going list of real stories that illustrate some relatively simple/straighforward things you should not do.....

Georgia does not invalidate certificate of merit requirement; Washington does

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A few days ago, I argued against rules that require a plaintiff in a malpractice action to file a "certificate of merit" with the ...

More comments on the issue of privilege and the unlicensed attorney

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Go here for Prof. Stephen Gillers follow-up comments on the opinion holding that Gucci can't claim privilege over communications with o...
Wednesday, June 30, 2010

Can client claim privilege if client does not know his attorney is not licensed? -- UPDATED

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A federal court magistrate in New York has decided that information shared with someone the client mistakenly thought was a licensed lawyer ...

Georgia Supreme Court reverses conviction and asks lower court to determine validity of state's public defenders system

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In an opinion that once again raises concerns about the state's shortage of funds for indigent capital defense, a divided Georgia Suprem...

Suspension for insulting the judge

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It is unfortunately no secret that not all judges are competent or fair. It is not uncommon to read opinions disciplining judges or allegati...
Monday, June 28, 2010

Improper comments?

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The following two paragraphs are from actual statements made in Cook County Court in Illinois. Are they examples of acceptable, harmless rhe...
Friday, June 25, 2010

NLJ editorial on the need to expand legal aid services

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"With the legal needs of the poor rising in volume and intensity, more access to legal aid is a needed stop on the road to economic rec...
Wednesday, June 23, 2010

More on the Supreme Court's decision in Holder v. HLP and possible constraints on attorney advice

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Yesterday I said I would continue to update the list of links to comments on the recent decision by the Supreme Court in Holder by simply ad...
Tuesday, June 22, 2010

Sentencing hearing video

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Last May, I came across this video just as it became public over the internet. I mentioned it in class briefly because it raises many inter...

More comments on yesterday's US Supreme Court opinion

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Here are two more links to comments on yesterday's Supreme Court Opinion upholding the criminalization of "material support." ...

PBS segment on yesterday's Supreme Court's decision

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For a transcript of this segment, go the PBS newshour website .
Monday, June 21, 2010

NY Times publishes debate on today's Supreme Court decision on criminalizing advocacy

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The New York Times.com's "Room for Debate" section has just published three short Op-ed pieces debating today's Supreme Co...

Panel discusses inadequacy of legal services for the poor

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The Blog of the Legal Times is reporting that last week a panel of legal experts at the American Constitution Society’s annual conference di...

Attorney suspended for disclosing confidential information in order to secure custody of child

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Last week, the Legal Profession blog reported on an interesting case that shows that there are severe consequences to the disclosing confide...

NJ court holds plaintiff is required to file a "certificate of merit" in order to file a legal malpractice action.... Bad idea

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Last week the New Jersey Appellate Division held that a plaintiff in a legal malpractice action is obligated to serve a timely affidavit of ...

Supreme Court upholds limits on advocacy for certain groups

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The US Supreme Court has announced today its decision in Holder v. Humanitarian Law Project , upholding the federal law that bars "mate...
Friday, June 18, 2010

How not to practice law: write a bad brief

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Here is the link to a good short article on how to wrire a bad brief. It is called Writing Bad Briefs: How to Lose a Case in 100 Pages or M...
Thursday, June 17, 2010

Information, links, briefs and more on Connick v. Thompson

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Last March I reported that the US Supreme Court has agreed to review Connick v. Thompson, a case in which the U.S. Court of Appeals for the ...

Lawyer sleeps with client's wife.... no breach of fiduciary duty says the Court

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Would it be a breach of fiduciary duty for a law firm partner to have a sexual relationship with his client's wife? Not according to the...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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