Professional Responsibility Blog

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

Sunday, July 31, 2011

How not to practice law: show up to court drunk, again

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The title says it all.  Unfortunately, this is one I have reported on before - at least three times ( here , and  here , which includes link...

Class Action Claims Online Legal Forms (like "Legal Zoom") Pose Threat To Consumers.

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A few days ago, The Wall Street Journal law blog posted ( here ) that a case I reported about back in February of 2010 ( here  where you can...

How not to practice law: use client's money to shop at Walmart and then claim misconduct is due to "poor bookkeeping"

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In a recent decision called Grievance Administrator v. Trott (available here ), the State of Michigan Disciplinary Board disbarred an attorn...
Saturday, July 30, 2011

It does not look like there will be changes to Rule 11 after all

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The Legal Ethics Forum is reporting that the effort to restore the older, tougher version of Rule 11 I wrote about here  has fared well in t...

Roger Clemens' lawyers ask for dismissal due to prosecutorial misconduct

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A few days ago, I posted ( here ) that the prosecution in the trial against former baseball pitcher Roger Clemens engaged in misconduct by u...
Tuesday, July 19, 2011

How not to practice law: represent buyer and seller in a transaction, then represent one of them against the other after transaction is done

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Here is a link to a decision from New Jersey imposing a light sanction on an attorney who represented the buyer and seller in the transacti...

One year suspension for attorney who told applicants that having sex with him would be part of the job

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About two years ago I reported that the Illinois Adminstrator has filed a disciplinary complaint against an attorney for, among other things...
Saturday, July 16, 2011

Comment on the report on pro bono by large firms

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About two weeks ago I posted a link to a report by the American Lawyer magazine that concluded that major firms contributed significantly fe...

How not to practice law (during the Roger Clemens trial): show the jury the evidence the judge had excluded

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Almost a year ago, I posted a story in my on-going "how not to practice law" series on a case in which the Washington Court of App...
Thursday, July 14, 2011

West Virginia Adopts Actual Innocence Rule For Criminal Clients Who Sue for Malpractice

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Here is the most recent case in a long line of bad cases that hold that a criminal defendant does not have a right to sue his or her attorne...

Attorney suspended for having his wife lend money to client; Court finds loans violated rule against financial assistance to clients

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In a recent case callled Toledo Bar Ass'n v. Pheils , the Ohio Supreme Court suspended a lawyer who arranged loans from his wife to a cl...

Podcast on Lawyer Advertising and Marketing Online

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Here is a link to a radio program on lawyer advertising and marketing online.
Sunday, July 10, 2011

How should an ethical prosecutor deal with a high-publicity rape case?

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A recent editorial in the National Law Journal asks "How should an ethical prosecutor deal with a high-publicity rape case?" (see ...

Court reverses conviction because prosecutor read privileged communication between defendant and his lawyer

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In a recent case, Connecticut Supreme Court considered "whether a prosecutor’s intrusion into communications between a defendant and hi...

How not to practice law: don't care about the details

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The Legal Profession blog is reporting ( here ) that the California State Bar Court Review Department has suspended an attorney who allowed ...
Friday, July 1, 2011

Big firms make profits, pro bono plunges

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The Wall Street Journal law blog is reporting on a study by the American Lawyer magazine in its just-released July pro-bono issue that concl...

Illinois amends lawyer trust account guidelines

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The Supreme Court of Illinois has announced amendments to existing lawyer trust account guidelines. The new amendments to Rule 1.15 of the I...

Recap of the Supreme Court cases on lawyering issues

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The Legal Ethics Forum has a short summary of the eight lawyering cases decided by the US Supreme Court this past term here  (and it also in...
Saturday, June 25, 2011

Chemerinsky on access to the judicial system in the US

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Constitutional law scholar and UC Irvine School of Law Dean, Erwin Chemerinsky has published an op-ed piece in which he argues that the U.S....
Wednesday, June 22, 2011

Comments on Turner v Rogers -- UPDATED

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Here is a list of links to articles or comments on the Supreme Court's decision in Turner v Rogers (thanks to the SCOTUS blog for the li...

Class action alleges public defender caseloads result in violation of right to counsel

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The ABA Journal.com is reporting today that three inmates have filed a class action suit against two cities in Washington state, contending...
Tuesday, June 21, 2011

Supreme Court decides Turner v Rogers

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Back in March the Supreme Court heard oral arguments on a case called Turner v. Rogers (formerly titled Turner v. Price) which asked the cou...

How not to practice law (as a judge): order defendants to go to church

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Here is an interesting little story about a Mississippi judge who has been reprimanded for ordering defendants to attend church as a conditi...

Podcast on right to counsel

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Here is a link (also here ) to a podcast with Suffolk Law Professor Christopher Dearborn in which he discusses his article on the right to ...

Changes to Federal Rule 11 on sanctions for frivolous lawsuits, again?

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The Blog of the Legal Times is reporting today that the U.S. House Judiciary Committee is getting ready to vote on legislation that would re...
Thursday, June 16, 2011

NYC bar issues opinion on litigation lending industry -- UPDATED

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Back in November of last year and then again in January of this year, I reported on a series of articles on the entities that lend money t...

Ohio State Univ football scandal includes possible discipline for disclosure of confidential information

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The Legal Profession blog is reporting that Ohio Supreme Court's Office of Disciplinary Counsel  has filed a complaint accusing a lawye...

Disbarment recommended for one of the "kings of torts"

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Back in March I reported ( here ) on the possible disbarment of attorney Stanley Chesley, a very successful plaintiffs' lawyer who some ...
Monday, June 13, 2011

New case on prosecutorial misconduct before the Supreme Court

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After the Supreme Court granted review in Connick v Thompson just after it was prevented from deciding Pottawattamie County, Iowa v. Harrin...
1 comment:
Sunday, June 12, 2011

Judge reprimanded for trying to force lawyer to recite the pledge of allegiance

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Back in December I reported a story ( here ) about a judge who sent a lawyer to jail for contempt when a lawyer refused to recite the pledge...
Tuesday, June 7, 2011

Podcast on the ethics of structured settlements

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Here is a link (also here ) to an episode of the radio show Ringler Radio in which hosts Larry Cohen and Teddy Snyder talk to Seth J. Davis...
Monday, June 6, 2011

UPDATE: Michigan adopts a 30 day waiting period rule

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Last month I reported that Michigan adopted a new rule imposing a waiting period on certain types of communications sent to victims of accid...
Saturday, May 28, 2011

Technical problems with the blog

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For the second time in just a few weeks, I have been experiencing serious technical problems with the system that hosts my blogs (ie, "...
Friday, May 20, 2011

UPDATE: The next big thing: whether to allow non-lawyers to own shares of law firms

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A few months ago, I thought that "the next big thing" in legal ethics was going to be a debate over whether to allow the use of sc...
Thursday, May 19, 2011

IL lawyer in trouble for deception in the process of investigating compliance with the law

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An Illinois Assistant Attorney General is the subject of an interesting ethical charge after allegedly using a "ruse” to gain evidence ...
2 comments:

Michigan adopts waiting period rule

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The Michigan Supreme Court has adopted a new version of Rule 7.3 that prohibits solicitation of accident victims within 30 days of the accid...
Wednesday, May 18, 2011

Michigan Attorney Discipline Board finds flat fees are not earned upon agreement

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Here is yet another comment on the character of flat fees.  I have commented on this issue several times before, most recently here .  In ...
1 comment:

Lawyer’s License Revoked After Panel Finds He Hid Funds During His Divorce

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Here is a good reminder of the fact that a lawyer's conduct outside the practice of law can result in professional discipline.  In this ...

UPDATE on the story "Bloggers get sued for expressing their opinion on conduct of another attorney"

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In an interesting bit of news, a lawyer whose conduct was ctiricized by the press and bloggers over the internet has sued 74 defendants incl...
Tuesday, May 17, 2011

Lawyering can be dangerous

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Here is an interesting headline from today's news:  "Man Who Stabbed His Lawyer With a Pencil Stabs His New Lawyer With a Pencil....
Monday, May 16, 2011

More thoughts on the inconsistency of sanctions- UPDATED

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I have often commented on inconsistencies regarding sanctions among jurisdictions and sometimes within jurisdictions.  Most recently, I ment...
Friday, May 13, 2011

Conviction reversed because of judge's comments

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Prof. Jonathan Turley is reporting today on a case out of Oklahoma where a murder conviction was overturned due to the comments at trial by ...

Video of oral argument on sanctions and other interesting issues

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The Illinois Supreme Court just heard oral arguments in a case where the administrator of the state's disciplinary authority is appealin...

How to inflate your legal bills

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Here is an interesting article  from Forbes that describes some ways in which some lawfirms inflate their fees.  The article is called “Gra...
Tuesday, May 10, 2011

Court of Appeals affrims conviction even though the defendant had been forced to go to trial on the same day he met his lawyer for the first time

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The Legal Profession blog is cmmenting today on a case in which the New Jersey Appellate Division affirmed a drug possession and distributi...
Monday, May 9, 2011

Some of the issues raised by the different approaches to flat fees

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In her blog My Shingle.com , attoreny Carolyn Elefant has posted a very good short comment that puts in context some of the questions about ...

When should the statute of limitations begin to run on a legal malpractice claim? Two views on "the continuous representation doctrine"

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The legal malpractice law review blog is reporting on two cases that illustrate two very different approaches to the issue of the applicatio...
Saturday, May 7, 2011

Two cases illustrate issues regarding sanctions

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I have often commented on inconsistencies regarding sanctions among jurisdictions and sometimes within jurisdictions.  Here are two separate...

How not to practice law: start before you are admitted to the bar

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Here is a good story for law students out there:  do not start offering legal advice and acting like a lawyer until you are one officially. ...

A different type of prosecutorial misconduct

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Three of my most recent posts have been about prosecutorial misconduct.  Usually, this topic relates to conduct of prosecutors as they inves...
Tuesday, May 3, 2011

Justice Stevens on prosecutorial misconduct

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A few days ago, I posted that I felt I had been wrong to speculate that the Supreme Court actually wanted to address the problem of prosecut...
Monday, May 2, 2011

Short deposition transcript

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Short deposition in a divorce case.... WARNING: vulgarity and foul language ahead. Go here for the transcript.
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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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