Professional Responsibility Blog

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

Friday, April 29, 2011

How not to practice law: don't pay your student loans

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The Legal Profession blog is reporting on a recent decision by an Illinois Hearing Board recommendeding a suspension of six months of a 1994...
Thursday, April 28, 2011

Prosecutorial Misconduct

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Long time readers of this blog might remember that I often referred to 2010 as the year of prosecutorial misconduct. There were so many scan...
Tuesday, April 26, 2011

Ethics 20/20 commission on outsourcing and confidentiality of metadata

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According to information in the ABA/BNA Lawyers' Manual on Professional Conduct, at its eighth meeting, held April 15-16 in Washington, ...
Wednesday, April 20, 2011

How not to practice (bankruptcy) law

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William Freivogel, whose excellent website on conflicts is available here , sent me a copy of a recent case we can add to our on-going list ...
Sunday, April 17, 2011

How not to practice law: offer to help law students cheat

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Here is a story on the ABA Journal on a Massachusetts lawyer who was suspended for six months for placing advertisements on Craigslist to wr...
Saturday, April 16, 2011

Budget cuts and legal services

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Here are the links to two related stories on funding for legal services. The Blog of the Legal Times is reporting that the bipartisan deal o...
Sunday, April 10, 2011

Michigan Court orders new trial because of ineffective assistance of counsel; Counsel apparently "threw" the case

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The Chicago Tribune and Prof. Jonathan Turley are reporting that the Michigan Court of Appeals has found a defense attorney rendered ineffec...
Saturday, April 9, 2011

John Thompson, the plaintiff in Connick v Thompson, writes about his case in the New York Times

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Here is a link to a short article by John Thompson , the plaintiff in Connick v. Thompson, published today in the New York Times. The artic...
Thursday, April 7, 2011

Washington Post editorial on Connick v Thompson

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The Washington Post has published a short editorial criticizing Connick v. Thompson that starts like this: "A court decision may be l...
Tuesday, April 5, 2011

Short Comment on Connick v Thompson

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Here is a link to another short comment on Connick v Thompson.

Congress discusses the future of legal aid

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Rep. Frank Wolf (R-Va.), chairman of a House appropriations subcommittee said today the largest source of funding for legal aid, the Legal S...

Supreme Court stops two executions due to lawyers' conduct

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The Supreme Court has sayed two executions scheduled for later this week in Arizona and Texas. By doing this, the Court has put itself in a...
Monday, April 4, 2011

Podcast on ethics issues related to websites that "rate" and review lawyers

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Go here (or here ) for an ABA Journal 20 minute podcast on ethics issues related to websites that rate and review lawyers.
Saturday, April 2, 2011

Podcast on e-discovery and Facebook

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In the April edition of Law Technology Now, host Monica Bay interviews Craig Ball, author of the Law Technology News’ column, “Ball in Your...

ABA Commission releases paper on multi-jurisdictional practice

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The Legal Ethics Forum is reporting that the ABA’s Ethics 20/20 Commission has released an issues paper ( here ) relating to multijurisdicti...

Another comment on Connick v Thompson

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Lisa McElroy of the SCOTUS blog writes: "Connick v. Thompson was the classic case in which the Justices were sharply divided on ideolo...

Supreme Court decides Connick v. Thompson on the possible liability of a DA's office

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Last Tuesday the US Supreme Court announced its decision in the highly awaited case Connick v. Thompson . For my previous posts on the case,...
Friday, April 1, 2011

How not to practice law: claim that everything is confidential

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The ABA Law Journal is reporting today that a federal appeals court has imposed a $1,000 fine on an attorney from the law firm Katten Muchin...
Monday, March 28, 2011

Proper punishment or abuse of discretion?

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At the end of 2009, I posted a comment on the issue of whether humiliation is a proper punishment in our criminal justice system or whether...

Can an attorney respond if the judge asks whether the attorney knows why the client is missing?

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Suppose that night before a hearing is supposed to start, the mother of a criminal defense attorney tells the attorney that her son (the cli...

Colorado DA implements a plan that creates incentives for DAs to violate their duties

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Should prosecutors receive bonuses if they score relatively high conviction rates? The Wall Street Journal Law Blog is reporting ( here ) th...
Sunday, March 27, 2011

Discipline for lawyer who claimed she could "channel" the client's dead wife's spirit

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A few months ago, I reported ( here , here and here ) on a case out of Arizona where a lawyer tried to convince her client that the client...

What do you have to do to get disbarred in New Jersey?!

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The Legal Profession blog has a short report on a recent case in which the Supreme Court of New Jersey decided not to disbar an attorney ev...
Friday, March 25, 2011

Follow up on Supreme Court oral argument in Turner v Rogers

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In Turner v Rogers, the Supreme Court is considering whether there is a constitutional right to court-appointed counsel in civil contempt pr...
Tuesday, March 22, 2011

Supreme Court to hear argument in case on right to attorney in civil contempt proceeding

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Tomorrow the Supreme Court will hear oral arguments in Turner v. Rogers (formerly titled Turner v. Price) which asks whether an indigent cli...
Monday, March 21, 2011

Supreme Court reverses finding that prosecutor selected jury improperly

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In a very short Per curiam opinion (available here ), the United States Supreme Court has issued reversed the United States Court of Appeals...

Supreme Court grants cert in yet another prosecutorial misconduct case

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The Supreme Court just announced it has granted review in a case called Rehberg v. Paulk which asks "whether a government official who...
Thursday, March 17, 2011

Does using the plural "offices" when you only have one location violate the rules?

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We have seen a number of cases where courts have found the use of "associates" in a firm's name deceptive if there is only one...

Ct finds communication among attorneys regarding possible malpractice claim by client is privileged

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According to a story on the Ethical Quandary blog, the U.S. District Court for the Southern District of Ohio has rendered an important decis...

DC Ct of Appeals reverses conviction because of prosecutorial misconduct but splits on whether prosecutors should be investigated

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The blof of the Legal Times is reporting ( here ) that, in a 2 to 1 opinion, the District of Columbia Court of Appeals, has reversed a convi...
Wednesday, March 16, 2011

Podcast on social media

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Here is a link to a radio show on the Legal Talk Network on how to (and how not to) use social media as a marketing tool.
Tuesday, March 15, 2011

North Carolina considers whether to allow non-lawyers to buy interests in law firms

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According to a comment by popular New York blogger (and personal injury attorney) Eric Turkewitz, there is a bill pending in North Carolina ...
Friday, March 11, 2011

Should All Lawyer Scoldings Be Public?

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Here is a link to a story in the Wall Street Journal law blog that asks whether all lawyer scoldings should be public. It says, in part: ...

The King of Torts is in trouble

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Here is a report from about 2 weeks ago in The Wall Street Journal Law Blog on the saga of attorney Stanley Chesley, a very successful plai...

Should experts in legal malpractice cases be limited to practicing lawyers? -- UPDATED

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The Legal Malpractice law review blog is reporting on a recent case from Georgia that holds that expert witnesses in a legal malpractice cas...
Saturday, March 5, 2011

How not to practice law: charge money for nothing

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My students will get a kick out of this story, published yesterday in the Legal Profession Blog , which deals with the topic we discussed in...
Friday, March 4, 2011

Did She-Hulk violate the rules against solicitation of clients?

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Law and the Multiverse is a blog that addresses legal issues in the alternate world of superheroes and villains. Aside from the superheroes...
Thursday, March 3, 2011

Prosecution for jury nullification

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When discussing the limits of proper argument by lawyers in front of a jury I ask my students whether a lawyer should be disciplined for ask...
Wednesday, March 2, 2011

Billing methods

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Yesterday I discussed different billing methods with my students. We spent most of our time talking about contingency fees, but we also ment...

Proposed bill to enforce ethics rules at the Supreme Court

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In the wake of a spirited debate about Justices Scalia and Thomas' decisions to appear before conservative groups and legislators, which...

More on the finding that Feinberg is not neutral in BP oil spill case

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About a month ago, I reported that a federal judge ruled that it was misleading for Ken Feinberg to call himself "neutral" or ...

How not to practice law: try to help your client by breaking the law

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I usually make fun of the lawyer's whose stories end up in my running list of "how not to practice law." This is not one of t...
Monday, February 28, 2011

How not to bill a client

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Tomorrow in class I will start discussing issues related to fees. Right on cue, the website "Say what?!" - which tells funny but ...
Monday, February 21, 2011

How not to practice law: advertise you have "associates" when, in fact, you don't

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The Legal Profession blog is reporting on a new case involving a practice I have discussed before in this blog: the use of the phrase "...
Sunday, February 20, 2011

How not to practice (criminal defense) law: decide for the jury whether your own client is guilty

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In last week's episode of the TV show Harry's Law, the main character - Harriet - finds out during trial that her client is actually...
Wednesday, February 16, 2011

On the need to make sure the client knows the representation has ended

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When discussing the formation of the attorney-client relationship in class, we talk about the Togstad case in which the relationship was fo...
Monday, February 14, 2011

Indiana Supreme Court tries to clarify whether flat fees can be non-refundable

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The Indiana Supreme Court has issued a short opinion on whether flat fees can be non-refundable. I have commented on the confused state of t...
Wednesday, February 9, 2011

Top ten reasons to oppose mandatory CLE

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A few days ago I reported that there is a petition pending before the Illinois Supreme Court asking it to revoke its rules requiring minimum...
Friday, February 4, 2011

More on the finding that Feinberg is not "neutral"

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Yesterday I reported ( here ) that a federal judge ruled that it was misleading for Ken Feinberg, the administrator of the Gulf Coast Claims...

How private is your privacy on Facebook?

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Yesterday I reported on a recent case that held a litigant had waived his attorney-client privilege by disclosing information by e-mail and ...
Thursday, February 3, 2011

California Court Finds Client’s E-Mails and Blog Postings Regarding Conversations with Counsel Waive Attorney-Client Privilege

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This is not entirely surprising since at least some jurisdictions have held that misadvertent disclosure of privileged information operates ...

Judge finds Ken Feinberg is not "neutral"

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About three weeks ago I reported ( here ) on an on-going debate related to Ken Feinberg, the administrator of the Gulf Coast Claims Facility...

Illinois Supreme Court to consider eliminating mandatory CLE?

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The Chicago Daily Law Bulletin is reporting today that a former member of the Attorney Registration and Disciplinary Commission Review Board...
Monday, January 31, 2011

Fifth Circuit issues opinion on constitutionality of advertising rules

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The Court of Appeals for the Fifth Circuit has issued an opinon (available here ) on the constitutionality of lawyer advertising rules in Lo...
Sunday, January 30, 2011

Supreme Court Update

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Prof. Renee Newman Knake has posted an update on the Supreme Court's 2010 term cases on the law of lawyering here . She provides links t...
Friday, January 28, 2011

Article on ethical issues regarding use of "social media"

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The most recent edition of the ABA Journal has an article on ethical issues regarding the use of social media. You can read it online by go...
Wednesday, January 26, 2011

How not to practice law: pretend to be a doctor

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Popular New York blogger Eric Turkewitz brings us an interesting story of a lawyer in a workers' compensation case who tried to play doc...

How not to practice law: try to influence a judge

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The St Louis Post Dispatch is reporting ( here ) that a prosecutor has been reprimanded for causing a mistrial in a case he was not involved...

Can the state disbar an attorney who was not admitted to practice in the first place?

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The Legal Profession Blog is reporting today that the Maryland Court of Appeals disbarred an attorney who had never been admitted in that ...
Friday, January 21, 2011

Dept of Justice Creates Professional Misconduct Review Unit

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Long time readers of this blog may remember that I argued that the number one professional responsibility story of 2009 (and to a certain ex...
Monday, January 17, 2011

Why are lawyers who are convicted of tax evasion treated more leniently than lawyers who steal?

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I have often discussed my concerns regarding inconsistencies in sanctions imposed for different types of conduct and for the same conduct am...

New NY Times article on litigation lending

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As I reported a couple of days ago, last November the New York Times published an article (available here ) on entities that lend money to l...

Conflicts of interest in handling of the Gulf Coast Claims Fund?

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There is a debate brewing related to the Gulf Coast Claims Facility, administered by Ken Feinberg. Mr. Feinberg’s firm, Feinberg Rozen, is b...
Friday, January 14, 2011

Illinois legislature rejects proposal to regulate litigation financing companies

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Last November, I reported that the Illinois legislature was set to discuss Senate Bill 3322 which attempted to regulate entities that lend ...
Thursday, January 13, 2011

ABA Supports Right to Counsel for Civil Contempt Defendants

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Back in November I reported that the Supreme Court had granted cert on a case called Turner v. Price which asks whether an indigent defenda...

"E-discovery" has resulted in unprecedented number of sanctions

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The Wall Street Journal law blog is reporting today that according to a new study done by King & Spalding and reported in the Duke Law ...

Top Ten stories of 2010

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The Legal Ethics Forum has posted its "top ten stories of 2010" list here , with links to the lists from past years also. Here ar...
Friday, January 7, 2011

Information given to someone thought to be an attorney not in good standing is still privileged

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Back in June of last year, I wrote about a case in which a federal court magistrate in New York has decided that information shared with som...

The Supreme Court grants two cases on ineffective assistance of counsel

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The Supreme Court announced today it has granted review in two cases, which involve issues related to the notion of ineffective assistance o...

New lawyer TV show: Harry's Law

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Back in June of last year I posted a preview of three new law related TV shows that were announced for the fall season. One of them (Outlaw...
Wednesday, January 5, 2011

Podcast on e-discovery

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Here is a link to a podcast in which the panelists discuss ethical issues in e-discovery including what they believe to be the most common e...

Story regarding insurance companies

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In class we spend a good deal of time talking about the so-called "insurance triangle," which refers to the issues that arise when...
Wednesday, December 29, 2010

Minnesota amends rules to allow flat fees

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In the past, I have expressed my disagreement with the approach some jurisdictions take on the issue of flat fees (see here and here ). Las...

USA Today series on prosecutorial misconduct continues

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Back in September, USA Today began to publish a series of articles on prosecutorial misconduct (see here ). The series is available here. T...

Top Legal Ethics Stories of 2010

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The Legal Ethics Forum forum has a list of top legal ethics stories for 2010 and is still asking for more suggestions. Go here for the stor...
Monday, December 20, 2010

How not to practice law: show up drunk

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Here is an easy multiple choice question: when representing a client, a lawyer should show up (a) sober or (b) drunk. If you picked 'a...

How not to practice law: have sex with clients... while visiting them in prison!

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The Legal Profession Blog is reporting that the California Supreme Court recently disbarred a lawyer who had sexual relations with two incar...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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