Professional Responsibility Blog

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

Monday, May 28, 2012

More on the Dept of Justice action regarding prosecutors' misconduct

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A few days ago I criticized the Dept of Justice's investigation that concluded certain prosecutors did not act intentionally after an i...
Thursday, May 24, 2012

Update on the prosecutorial misconduct report regarding the Ted Stevens case: prosecutors' office finds no intent after independent investigation found intent; prosecutors suspended without pay...

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Long time readers of this blog will remember I have been following the story about prosecutorial misconduct in the Ted Stevens case and that...
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Using the prosecution of George Zimmerman for a PR course?

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Obviously, there has been a lot of media coverage on the prosecution of George Zimmerman.  A lot of it has centered on the possibly unethica...

Conviction reversed because judge was working for the prosecutor at the time

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The Legal Profession blog is reporting on a case in which the Minnesota Supreme Court reversed a criminal conviction because the presiding...
Wednesday, May 23, 2012

Should an illegal immigrant - undocumented worker be admitted to the California bar?

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At How Appealing , Howard Bashman rounds up articles about a pending application to the State Bar of California: "Court to review req...

Federal bill proposed to codify prosecutors' duties

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Two months ago, Sen. Lisa Murkowski (R-Alaska) introduced a bill called the Fairness in Disclosure of Evidence Act of 2012 (S. 2197), which ...

Washington State Bar Association issues opinion on metadata

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A few days ago, I posted a summary of a new opinion on an attorney's obligation when receiving a document by mistake (see here ). A more...
Tuesday, May 22, 2012

How not to practice law: don't take depositions seriously

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An attorney in Miami removed from a case by a U.S. District Judge for scheduling depositions at a Dunkin’ Donut shop, appearing in shorts an...

Do attorneys have a duty to be up to date in the latest "technology"?

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The Legal Talk Network has a podcast on whether there is a duty to know about modern technology here .

Another one of those "worst lawyer commercials" post

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Here is yet another compilation of bad lawyer commercials . 
Sunday, May 13, 2012

Suggestions on how to make sure the mandatory pro bono program in NY is a success

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A couple of weeks ago I reported that starting in 2013, candidates to admission in New York state will be required to show that they have p...
Wednesday, May 9, 2012

Nevada Supreme Court holds prosecutor has a duty to disclose exculpatory evidence before negotiating guilty plea

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In a new case addressing the issue for the first time, the Nevada Supreme Court has held that a prosecutor has a duty to disclose exculpator...
Tuesday, May 8, 2012

Ethics 20/20 Commission has filed its final resolutions

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Thanks to Andrew Perlman, of the Legal Ethics Forum and the 20/20 Commission for the following announcement and links: Yesterday, the AB...
Monday, May 7, 2012

Judge Removed For Pursuing Unwanted Romance With Attorney

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The Legal Profession Blog has a report on a case in which the Delaware Supreme Court has ordered the removal of a family court judge for a...

Article on the demise of mega firm Dewey & LeBoeuf

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The law firm of Dewey & LeBoeuf was created in 2007 in the largest merger of law firms in history. During the past few weeks reports hav...

Two reports on consequences for conduct in violation of Rule 3.3: one criminal prosecution of criminal defense lawyer and one disbarment

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In a rare criminal prosecution of a defense lawyer, a prosecutor today at trial accused a veteran attorney in Washington of devising a sche...
Saturday, May 5, 2012

Judge dismisses drug case because of prosecutor's misconduct

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Back in February, I posted a story about a judge who, after being asked by the Justice Department, refused to delete from an opinion the na...
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Perspective on the American criminal justice system

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Here is a link to an article by a public defender on his perspective about the criminal justice system.  Here is a key paragraph: I have ...
Thursday, May 3, 2012

Comment on Padilla v. Yoo

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Yesterday I reported ( here ) that the Court of Appeals for the 9th Circuit issued an opinion in which it held that John Yoo, one of the leg...

Illinois Court of Appeals on burden of proof needed to support argument that crime-fraud exception defeats claim of privilege

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The Illinois Court of Appeals has issued an opinion in a case called People v. Radojcic on the level of proof necessary to support a claim t...
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Wednesday, May 2, 2012

Court of Appeals holds John Yoo is immune from liability for his role in justifying torture

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The Court of Appeals for the Ninth Circuit has just issued an opinion holding that John Yoo is immune from a lawsuit by a U.S. citizen who ...

NY City Bar Ass'n new opinion on what to do when you receive documents by mistake

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The Legal Quandary is reporting today that the New York City Bar Association has issued an opinion ( available here) attempting to clarify ...

More on the new pro bono requirement in New York

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Yesterday I wrote ( here ) that starting in 2013, candidates to admission in New York state will be required to show that they have perform...
Tuesday, May 1, 2012

Supreme Court to decide whether its ruling in Padilla should be applied retroactively

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Last Monday the Supreme Court granted certiorari in Chaidez v. United States , which will give the Court the chance to settle a dispute amon...

New York to require pro bono service as requirement to admission to the bar

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In my previous post I reported that the California bar is considering whether to impose a practical skills training requirement on lawyers a...
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California considers requiring practical skills training for admission to the bar

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The Wall Street Journal law blog is reporting that the California bar is considering whether to impose a practical skills training requirem...
Sunday, April 29, 2012

Parody of Law & Order

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The most recent episode of the show "Community" was this parody of Law & Order:
Friday, April 27, 2012

Circuit split over applicability of attorney-client privilege to patent agents

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The blog "Circuit Splits" has a post on the debate over the applicability of the attorney-client privilege to patent agents here .

Prosecutorial ethics in the news

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As I get ready to discuss prosecutorial ethics next week, there are two items in this week's news on the subject: The Blog of the Lega...
Wednesday, April 25, 2012

What should the judge do when an attorney claims he settled a case without consent from the client?

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Should a lawyer be allowed to change his mind about a settlement agreement after realizing that the jury would have given his client more mo...
Monday, April 23, 2012

Can lawyers participate in website that provides answers to legal questions to customers for a fee?

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The South Carolina Bar’s Ethics Advisory Committee has issued an opinion ( available here ) in which it addresses the question of whether it...
Friday, April 20, 2012

Court dismisses case against proponent of jury nullification

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In a couple of weeks I will be discussing the concept of jury nullification in my Professional Responsibility class, so I thought I would li...

More criticism of the prosecutor in Zimmerman case

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I recently posted links to a video and some articles and comments criticizing the prosecutor in the Zimmerman case ( here and here ).  Here...

Supreme Court holds private attorney is entitled to immunity when hired by government

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Last week, the US Supreme Court issued its opinion in Filarsky v. Delia holding that a private attorney, retained by a city to assist in an...

Is There an Ethical Duty to Convey Offers to Mediate?

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Is There an Ethical Duty to Convey Offers to Mediate?   I think so....Discuss... here . 
Wednesday, April 18, 2012

What to expect from the ABA 20/20 Commission

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It was recently reported that ABA's Ethics 20/20 Commission has decided not to draft a proposal on non-lawyer ownership of law firms.  ...

Ethics 20/20 Commission Suspends Campaign to Draft a Proposal on Nonlawyer Ownership of Law Firms - UPDATED

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The most controversial topic in Professional Responsibility circles today will continue to be unresolved for now... or, more accurately, th...

Judge in Zimmerman case recuses herself

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Judge in Zimmerman case recuses herself.  Story here and video below (after a short commercial).  Visit msnbc.com for breaking news , wo...
Monday, April 16, 2012

Some links on ethics and the prosecution of George Zimmerman for the homicide of Trayvon Martin

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A few days ago, I posted a short interview with Alan Dershowitz in which he argues the prosecutor in the George Zimmerman case acted unethic...
Friday, April 13, 2012

Alan Dershowitz thinks the prosecutor in Zimmerman case was unethical in arguing for probable cause

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Here is a video of an interview with Harvard law professor Alan Dershowitz in which he argues the conduct of the prosecutor in the case agai...
Tuesday, April 10, 2012

Lousiana prohibits applicant from ever applying for admission to the bar in the future

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The Legal Profession blog is reporting today on a case in which the Louisiana Supreme Court has not only denied a bar applicant's requ...
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How not to practice law: stop paying child support

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The New York Appellate Division for the First Judicial Department has indefinitely suspended a lawyer after it was found had not payed child...
Thursday, April 5, 2012

Congress discusses reform to discovery in criminal cases; Dept of Justice objects

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Last month, Sen. Lisa Murkowski (R-Alaska) introduced such a bill to broaden the scope of information that prosecutors must disclose to def...

Can an entity file a pro se claim? Should the entity suffer the consequences because a complaint is filed by a non-lawyer?

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The Illinois Supreme Court recently heard oral arguments in an interesting case that raises some interesting questions as to what constitute...
Wednesday, April 4, 2012

Illinois adopts new rule to help deliver legal services after major disaster

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The Illinois Supreme Court announced today that it has adopted a new rule to facilitate the delivery of legal services in an emergency res...
Tuesday, April 3, 2012

WSJ comment on issue of whether non lawyers should be allowed to own lawfirms

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The issue of whether non-lawyers should be able to "own" (as in own investments in) law firms is back in the news.  I reported on...
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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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