Professional Responsibility Blog

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

Wednesday, February 29, 2012

Second Circuit Upholds Rules That Prevent Online Graduates From Taking N.Y. Bar Exam

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In a summary order in a case called Bazadier v. McAlary , (available here ) the Court of Appeals for the Second Circuit has held that the st...
Tuesday, February 28, 2012

How not to practice law: lie to the disciplinary board in an attempt to cover your misconduct - third time this week!

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Just a few days ago I posted two notes about cases in which the attorneys lied to the disciplinary board in an attempt to cover their miscon...
1 comment:
Monday, February 27, 2012

ABA Commission's proposed amendments to the Model Rules

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Prof. Andrew Perlman, reporter for the ABA Commission that is preparing the next round of proposed amendments to the Model Rules, has posted...
Friday, February 24, 2012

How not to practice law: lie to the disciplinary board in an attempt to cover your misconduct -- UPDATED

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We have seen this one before , but it never ceases to amaze me.  The Legal Profession blog is reporting that the Maryland Court of Appeals ...

Yet another opinion from Washington DC on the concept of "moral turpitude"

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In a new case, reported today in the Legal Profession blog, the District of Columbia Court of Appeals has concluded that a conviction for f...

ABA Commission on Ethics 20/20 Releases Nearly Final Drafts of Proposals

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Prof. Andrew Perlman, one of the members of the ABA Commission on Ethics 20/20, has posted an announcement in the Legal Ethics Forum stating...

Dos and Don’ts for Departing a Law Firm

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What are some of the legal and ethical issues that arise when a lawyer leaves a firm?  The Legal Intelligencer Blog has a series on "Do...
Tuesday, February 21, 2012

Supreme Court Justices say no to ethics rules for Supreme Court Justices

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Lyle Denniston of the SCOTUS blog is reporting today that Chief Justice John G. Roberts, Jr., has told five members of the Senate Judiciary...
Monday, February 20, 2012

Justice Dept asks Court to remove the name of district attorney who engaged in misconduct from opinion, Court refuses

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I have often complained that courts do not do enough to encourage proper conduct by district attorneys.  Today I am happy to report an incid...
Monday, February 13, 2012

Obama proposes budget increase for Legal Services but it is still less than what the agency says it needs

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A couple of weeks ago I reported that last November the federal government enacted a bill that slashed federal funding for civil legal ass...

Durham County- North Carolina DA removed for prosecutorial misconduct

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Prof. Jonathan Turley is reporting today that Durham County District Attorney Tracey Cline, has been removed for serious allegations of pro...
Thursday, February 9, 2012

How not to practice law: use your client's money to pay gambling debts

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In a new case from New Jersey, the state Supreme Court has disbarred an attorney for misappropriation which included the use of money from a...

How not to practice law: pull a gun on a process server when he is trying to hand you some papers

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An Illinos Hearing Board has recommended a 60-day suspension of a former elected State's Attorney who was convicted of the aggravated...

Judge orders release of report on prosecutorial misconduct in the Ted Stevens case - UPDATED

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How about that!?  Last night I wrote about an article in the NY Times calling for the release of the report on prosecutorial misconduct in t...
Tuesday, February 7, 2012

NY Times calls for the release of the report on prosecutorial misconduct in the Ted Stevens case

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Toward the end of last year, I posted several comments on the reports on prosecutorial misconduct in the Ted Stevens case.  Go here and  he...

DC considers new rule to allow disclosure to remedy wrongful conviction

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The District of Columbia Bar is considering enacting a new rule (designated as Rule 8.6) to require lawyers in the District of Columbia who ...
Friday, February 3, 2012

Five myths about pro bono

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Esther F. Lardent, the president and chief executive officer of the Pro Bono Institute in Washington, has published a short article called F...
Thursday, February 2, 2012

Defendant's referral service... or a conflict?

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Here is an interesting story from the Baltimore Sun about a hospital that apparently has an agreement with a number of lawyers in the area ...
1 comment:

How not to practice law: pretend to be a doctor

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About a year ago, I reported on an unusual case where a lawyer tried to offer an expert opinion as a doctor in one of his cases.  Today, the...

Practicing law before passing the bar or appearing pro-se?

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The other day, I posted a note about whether a suspended lawyer can represent others in a setting where private individuals are allowed to d...

New Jersey governor refuses to sign bill expanding waiting period rule

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According to a recent report in the ABA/BNA Lawyers' Manual on Professional Conduct, an anti-solicitation bill (S 2316), which the New J...

Be careful when setting up a website

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Here is a good example of the many things that can go wrong when using a firm website.  The Legal Profession blog is reporting on a case in ...

New York State Bar may revisit its position on nonlawyer ownership of firms

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Although the New York State Bar Association remains opposed to nonlawyer ownership of law firms, its president recently stated that the orga...
Tuesday, January 31, 2012

On the story about a lawyer who sued himself

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A few days ago I posted a note about the old story about a lawyer who sued himself ( here ).  The Australian Professional Liability blog pic...

Attorney ads

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The Criminal Justice Degrees blog has posted a selection of Top ten "weirdest and worst" lawyer ads.  You can watch them all here ...
Monday, January 30, 2012

Can a suspended attorney engage in advocacy if a non-lawyer can do it?

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Can a suspended attorney engage in advocacy of a type which is permitted to nonlawyers?  Last year, the Supreme Court of Pennsylvania confro...
Sunday, January 29, 2012

A different type of prosecutorial misconduct

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Typically, the more recent cases about prosecutorial misconduct we have discussed (and there have been many), have involved the duty to disc...

Budget cuts and layoffs in legal assistance

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Last November the federal government enacted a bill that slashed federal  funding for civil legal assistance to the poor by about 14% — fro...

Attorney sued himself

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Lowering the Bar has a short comment ( here ) on a very old story involving a lawyer who sued himself on behalf of a client.  The story is b...
Wednesday, January 25, 2012

NY Bar Ass'n Committee on Ethics approves use of "Groupon"

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Because ABA Model Rule 5.4 prevents a lawyer from sharing fees with non-lawyers in most cases, there has been some discussion on whether law...

Lawyer faces criminal charges after showing up drunk to court

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I have written before on cases involving attorneys showing up drunk to court (see here , here and here , for example).  Today the ABA Journ...
1 comment:
Tuesday, January 24, 2012

Is creating a website a form of solicitation or just advertising?

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Assume there is a big accident involving hundreds of victims and a lawyer sets up a website specifically targeted to victims to lure them in...

Another case that illustrates inconsistency in sanctions

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The Legal Profession blog is reporting today on a case from Pennsylvania where an attorney was suspended for four years because he was foun...

Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees

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Prof. Jonathan Turley's blog is reporting today that a former Florida prosecutor has received a three-year prison sentence for accepting...
Monday, January 23, 2012

D.C. Courts System Adopts New Code of Judicial Conduct

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The Blog of the Legal Times is reporting today that "for the first time since 1995, the District of Columbia courts system has adopted ...

Link to oral argument in Filarsky v Delia

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You can now listen to the oral argument in Filarsky v Delia here .
Saturday, January 21, 2012

Supreme Court considers issue of qualified immunity for lawyers

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Last week, the US Supreme Court heard oral arguments in a case called Filarsky v. Delia which asks the Court to decide whether a private at...
Thursday, January 12, 2012

Does the Constitution guarantee effective assistance of counsel to aliens during removal proceedings

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Thanks to my friends over at the Legal Ethics Forum , I have discovered yet another blog to add to my subscription list.  This new blog (wel...

More comments on Smith v Cain

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On Tuesday I reported the Supreme Court's decision in Smith v. Cain in which the Court reversed a conviction because of the prosecutor...
1 comment:

Yet another Paradise Lost: new movie about the West Memphis 3

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I have blogged before about the movie Paradise Lost and the case of the West Memphis 3 and I just read that HBO is due to start showing the...
Tuesday, January 10, 2012

Quick analysis of Smith v Cain

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I just published the news that the Supreme Court has decided Smith v Cain .  And just a few minutes ago, the SCOTUS blog has a short commen...

Supreme Court decides Smith v Cain

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As you probably remember, last November, the Supreme Court heard oral arguments (available here ) in a  case on prosecutorial misconduct f...
Thursday, January 5, 2012

How not to practice law: lie to cover up your mistakes

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I sometimes tell my students that my kids (ages 7 and 5) could teach some aspects of the course:  don't steal, don't take what's...

DC ethics opinion on referral fees for sending clients to non-lawyers

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The D.C. bar's ethics committee has issued a new opinion which concludes that District of Columbia lawyers may accept referral fees for...

New summary of the ABA Commission 20/20 work

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The ABA's Commission 20/20 continues to work and here is its most recent summary of the Commission's actions.
Friday, December 30, 2011

How not to (start the) practice (of) law: cheat on the bar exam

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The title says it all.  If you want to be admitted to the practice of law, it is really not a good idea to try to cheat during the bar exam....
Wednesday, December 28, 2011

More on the controversy over Stephen Glass' request for admission to the bar - UPDATED (Dec. 27)

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A few days ago I wrote about the controversy over the request for admission to the bar by Stephen Glass, a former journalist who was exposed...

Top stories of the year

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As usual, around this time of the year we start seeing "top ten lists" for everything.  Go here for the Top Legal Ethics Stories ...

How not to practice law: host a website with nudity and profanity and then go ahead and post statements that suggest you are a drug user

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I am constantly amazed at how people post stuff on the internet forgetting that others have access to what they post...  I like to tell my s...
Friday, December 16, 2011

The New Jersey approach to sanctions

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As Mike Frisch of the Legal Profession Blog recently stated , "there was a time when New Jersey had the reputation for being tough on a...

Permanent ban from the SEC as a sanction

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Breaking from tradition, the Securities and Exchange Commission sought sanctions in a recent case for ethics violations that were not tether...

Proper sanctions? You be the judge

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Here is a story from the Pennsylvania Disciplinary Board (via the Legal Profession blog ). An attorney was retained to pursue claims for i...
Wednesday, December 14, 2011

Malpractice on 34th Street

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Abnormal Use has an interesting take on the movie Miracle on 34th Street, a Christmas classic.  As you may recall, the movie's climax i...

Conviction reversed because of improper argument by prosecutor

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A conviction of a criminal defendant for the murder of his wife was reversed by the Mississippi Supreme Court because, as part of the closi...
Monday, December 12, 2011

Spectacular incompetence

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I once used the title "incomparable incompetence" to describe the conduct of attorneys and the judge in a particular case (see her...
Saturday, December 10, 2011

Follow up on the story about the prosecutors in the Ted Stevens case

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About two weeks ago I commented on the report by the special prosecutor looking into the misconduct by the prosecutors in the Ted Stevens ca...
Friday, December 9, 2011

Op-ed asks for prosecutorial accountability

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Last month I posted a note ( here ) about a new short article in the Yale Law Journal Online on prosecutorial accountability. The article is...
Wednesday, December 7, 2011

Illinois Disciplinary board granted authority to investigate, prosecute unauthorized practice of law

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Illinois Lawyer Now is reporting that, earlier this week, the Illinois Supreme Court granted the Attorney Registration and Disciplinary Com...

ABA Commission on Ethics 20/20 Releases Rule 5.4 Draft

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The ABA Commission on Ethics 20/20 has released a discussion draft of a possible proposal to amend Model Rule 5.4, which, if adopted, would ...
Monday, December 5, 2011

Not one of the top blogs

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Once again, my blogs did NOT make it into the list of the "best" law blogs.  What's the matter with you people?!  Don't yo...
1 comment:
Thursday, December 1, 2011

Proper role of the judge or abuse of discretion?

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I have commented in the past on the controversy related to whether judges abuse their discretion when they impose unusual (some would say cr...

California Supreme Court will hear disgraced journalist’s moral character case

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Stephen Glass was once described by Vanity Fair as “the most sought-after young reporter in the nation’s capital, producing knockout article...
2 comments:
Tuesday, November 29, 2011

Proper sanction for refusing to reimburse unearned fee?

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The Legal Profession blog is reporting today on a case with an interesting set of facts:  An attorney was retained and paid a $10,000 non-r...
Monday, November 28, 2011

I thought prosecutors have an obligation to behave ethically... silly me!

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A court-appointed investigator has found that the high-profile prosecution of the late Senator Ted Stevens was “permeated” by the prosecutor...

Legal Zoom Sues North Carolina Bar - UPDATED

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Last August I reported that Legal Zoom.com settled a class action filed in Missouri claiming that it was illegally practicing law in the sta...
Sunday, November 27, 2011

How not to practice law update

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Here are the links to the "how not to practice law list" so far.  As you can see, these are examples of incredible but true stori...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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