Professional Responsibility Blog

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

Monday, March 26, 2012

60 minutes segment on prosecutorial misconduct

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Last night the TV show 60 minutes aired a segement on prosecutorial misconduct in a case in Texas in which the defendant was recently exoner...
Sunday, March 25, 2012

Former prosecutor disbarred for soliciting false testimony

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The former chief drug prosecutor for Wayne County, Michigan has been disbarred for her role in soliciting false testimony. Go here for more...

Update on the debate on whether states should allow fee sharing with non-lawyers and investments by non-lawyers in law firms - UPDATED

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The debate over whether states will begin to allow non-lawyer firm ownership/investment in law firms continues although a few days ago a cha...

More comments on Supreme Court's decision on ineffective assistance of counsel

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Three new articles in the New York Times discuss the importance of the Supreme Court's decisions on ineffective assistance of counsel.  ...
Thursday, March 22, 2012

Article calls for New York to change its position on metadata

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Here is an interesting article on the conflicting positions of the ABA and New York's Committee on Professional Responsibility on the p...

Comments on yesterday's Supreme Court's decisions on ineffective assistance of counsel

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The SCotUS blog is listing the following articles on yesterday's Supreme Court decisions on ineffective assistance of counsel: Greg S...
Wednesday, March 21, 2012

Supreme Court decides two cases on ineffective assistance of counsel

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Today the Supreme Court announced two decisions in cases involving claims of ineffective assistance of counsel that essentially conclude tha...

More comments on the prosecutorial misconduct report from the Ted Stevens case

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The New York Times has published an editorial on the need for the Department of Justice to "take an even closer look at the powers and ...
Thursday, March 15, 2012

More comments on the prosecutorial misconduct report from the Ted Stevens case

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Go here and here for articles with some analysis on the report on prosecutorial misconduct in the Ted Stevens case.  Thanks to the Legal...

Oklahoma considers banning litigation financing

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Back in January, 2011, I reported that the Illinois legislature rejected a bill that attempted to regulate entities that lend money to liti...

Contingency fees based on what you can save the client - "reverse contingency"?

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You are representing a client in a contract dispute where the opposing party claims he is owed $10,000 for services rendered. The client li...

Ted Stevens report has immediate effect: bill to change discovery obligations

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Lawmakers filed a new bill Thursday that would change discovery rules in federal criminal cases, requiring prosecutors to turn over any in...

Big news of the day: The report on prosecutorial misconduct in the Ted Stevens case has been released, finally!

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The long awaited and controversial report on prosecutorial misconduct in the Ted Stevens case has finally been realeased. The 500+ page repo...
Tuesday, March 13, 2012

Indiana State Bar Association Opinion: Attorneys should Not Use Group Coupon Programs

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Unlike other states that have addressed the issue, the Indiana bar has issued an ethics opinion (Ethics Op. No. 1 of 2012) which concludes t...

Debate on judicial recusal at the Supreme Court

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The University of Pennsylvania Law Review sponsors a website called PENNumbra which hosts debates on important topics.  The debates usuall...

Should state guarantee counsel for indigent parents in abuse and neglect proceedings?

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For decades poor parents in New Hampshire were provided lawyers if they could not afford them, but funding was cut during the last legisla...
Monday, March 12, 2012

Update on the debate on whether states should allow fee sharing with non-lawyers and investments by non-lawyers in law firms

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The debate over whether states will begin to allow non-lawyer firm ownership/investment in law firms continues although a few days ago a cha...

IL court of appeals issues two opinions on ineffective assistance of counsel

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Earlier today, the Illinois court of appeals issued two opinions on ineffective assistance of counsel.  In the first one, People v. Watson ,...

Holder lets us know what we already knew

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It has not been a good month for Eric Holder, the Attorney General of the US.  First it was his ludicrous speech about the President's a...
Saturday, March 10, 2012

NYT editorial criticizes Obama administration policy on extrajudicial killing

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I have been following the critical reaction to the very problematic argument that the Obama administration has inherent (and pretty much abs...
Thursday, March 8, 2012

More comments on Obama administration's policy on extrajudicial killings

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A few days ago, I wrote about the Attorney General of the United States' speech in which he tried to explain why it would be OK for the...

Alcoholism, depression and suicide in the legal profession

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Abnormal Use has a story with lots of links to information on a problem we discuss in class and that was the subject of a session at a recen...
Wednesday, March 7, 2012

Another comment on Eric Holder's speech

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Yesterday I wrote about Eric Holder's speech on the Obama administration's policy on extrajudicial killing.  Professor Jonathan Turl...
Tuesday, March 6, 2012

New trial ordered because of improper courtroom conduct

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Over the years, I have commented on a number of cases where courts have reversed convictions due to improper comments by prosecutors, but I ...
1 comment:

Eric Holder on why it is OK for the President to order someone to kill you

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The Attorney General of the United States spent a little time trying to explain why it would be OK for the President to order someone to kil...

Secont Circuit Court of Appeals declares NY advertising rule unconstitutional

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The Wall Street Journal law blog is reporting that the Court of Appeals for the Second Circuit has found that New York's rule of Profes...

NYT Editorial calls for resignation of racist judge

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In a short editorial, available here , the New York Times is calling for the resignation of the federal district judge who sent the racist m...
Friday, March 2, 2012

Two recent cases illustrate basic principle of lawyer accounting: if the client overpays, you can't pocket the money!

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Suppose you go to a store and pay with a $10 bill, but thinking you paid with a $20, the cashier gives you more change than you deserve. Wou...
Thursday, March 1, 2012

More comments on prosecutorial misconduct, this time from Australia

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Here is an interesting post from the Australian Professional Liability Blog on prosecutorial obligations. Although the language used is dif...

Prosecutor objects to disclosure of report on prosecutorial misconduct in Ted Stevens case; asks DC Circuit Court to review the order

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Last month I reported that, finally, U.S. District Judge Emmet Sullivan ordered the release of the report on prosecutorial misconduct in the...

Chief Judge of the US District Court of Montana caught sending racist joke by email

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Richard Cebull, Chief Judge of the U.S. District Court for the District of Montana, has acknowledged that he forwarded a racist email to se...
1 comment:
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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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