Professional Responsibility Blog

Ethics opinions in at least eight states have addressed whether a lawyer's use of a third party company that brokers discounted service...

I never saw the TV show "Arrested Development"; a friend just sent me this clip ....

The ABA Commission on Ethics 20/20 has released for comment its most recent drafts of proposals.  As explained by one of the commission memb...

Back in May I reported Now comes news that starting in 2013, candidates to admission in New York state will be required to show that they ha...

The Illinois Review Board has proposed a suspension of two years of an attorney who concealed assets in a bankruptcy by transferring the ass...

Why is it that so many people are so stupid about how they use Facebook?  What is it about Facebook that makes some people do stupid things?...

Almost 17 years after the verdict in the OJ Simpson case, former prosecutor in the case Christopher Darden said he believed defense attorney...

Back in July I posted a video (apparently a big hit on You Tube) in which a judge totally loses control during a divorce hearing and starts ...

The ABA Commission on Ethics 20/20 has released for comment, along with a Cover Memo from Co-Chairs Jamie S. Gorelick and Michael Traynor...

The Blog of The Legal Times is reporting ( here ) on an interesting story that involves a clash between the U.S. Justice Department and the ...

Here is another story worthy of our continuing series on bizarre, dumb or unbelievable conduct deserving of sanctions.  In this particular c...

One of the first important lessons I always try to get my students to learn is that given the fact that the rules don't provide for sanc...

Here is a new installment in our running list on how not to practice law:  the Florida Supreme Court has suspended  two attorneys for misco...

A few days ago I reported that the US District Court for the District of Columbia held a hearing regarding a challenge to new restrictions o...

Today is the last day to nominate your favorite blogs for the ABA Journal 's annual 100 best legal blogs list ("Blawg 100"). I...

Richard Zitrin, professor of legal ethics at UC Hastings, has published an article describing how sometimes disastrous accidents make the le...

Back in 2010 I posted a comment criticizing the practice of appointing attorneys for juveniles in delinquency proceedings to serve simultan...

Here is a link to a short article on the fact that federal appellate courts are split over whether money sanctions issued against an attorn...

Some states do not require lawyers to have malpractice insurance.  Do you think it is unprofessional to opt not to get insurance?  Here is a...

Reminder: Aspiring Lawyers Should Not Engage in Terrorism. Lowering the Bar explains here .

Lyle Denniston of the SCotUS blog is reporting that last Wednesday the Supreme Court "strongly hinted that one of last Term’s key ruli...

A former client of Covington & Burling (3M Corp.) has filed a complaint against the firm arguing that the law firm violated its duties t...

The ABA Journal is now accepting nominations for its 100 best legal blogs ("Blawg 100") list. If you've enjoyed reading my blo...

Submissions and nominations of articles are now being accepted for the third annual Fred C. Zacharias Memorial Prize for Scholarship in Prof...

Last Friday, the US District Court for the District of Columbia held a hearing regarding a challenge to new restrictions on lawyers represen...

Prosecutorial discretion is an important part of the criminal justice system.  For the system to work, prosecutors must have some level of d...

Almost a year ago I wrote about the controversy over the request for admission to the bar by Stephen Glass, a former journalist who was expo...

The Blog of the Legal Times is reporting that more than 50 former federal judges and prosecutors are urging the U.S. Supreme Court to hear...

Can prosecutors use a defendant's pre-arrest silence as evidence of guilt?  Circuit courts are split on this issue as explained in this ...

A few days ago I posted a few links to articles on the debate on whether undocumented immigrant should be allowed to practice law (see here ...

Here is a link to a "red-line" version of all the amended ABA Model Rules.

Here are links to the text of the approved amendments: Rule 1.6 Rules 1.18 and 7.3, and 7.1, 7.2 and 5.5 Rules 1.1, 5.3 and 5.5 Rule...

A couple of months ago, the Illinois appellate court found that an attorney's failure to communicate a plea offer can be the basis of a ...

Professor Andrew Perlman, Chief Reporter of the ABA Commission on Ethics 20/20, is reporting (at the Legal Ethics Forum) that this afterno...

Back in May (and later in June), I posted links to the debate in California as to whether an illegal immigrant should be allowed to practice...

The Illinois State Bar Association Board of Governors has passed a resolution reaffirming the ABA policy – adopted in 2000 – that law firms ...

In an important opinion on first amendment rights of lawyers, the United States Court of Appeals for the Sixth Circuit has ruled that the K...

Here is a podcast of a program discussing the proposals to amend the Model Rules.

Earlier today I posted a story to remind everyone of one of the first lessons I want my students to learn: that  disciplinary authorities c...

This would seem to be obvious but here is a new case from the Minnesota Supreme Court holding that a defendant is entitled to (and in this ...

There is nothing particularly new in this story, but I like to remind readers from time to time that a lawyer can be sanctioned for conduct ...

Last week the Sixth Circuit joined a circuit split over whether an attorney's failure to file a notice of appeal despite receiving expl...

I have criticized the Department of Justice's actions to discipline its attorneys as a joke ( here and here ).  And, as I said in one o...

Contrary to opinions from several other state bars that have addressed this subject, the Alabama State Disciplinary Commission has issued ...

The ABA Commission on Ethics 20/20 has released a Revised Draft Proposal on Model Rule 1.7: Choice of Rule Agreements for Conflicts of Int...

Assume a firm is asked to represent a client in a jurisdiction against another current client of the firm.  Then assume that this would be a...

The ABA Commission on Ethics 20/20 recently released a paper that asks whether Model Rule 5.5 should be revised to offer more guidance on ...

I have reported before on the claims that the billable hour is dead or dying, always adding my opinion that reports of this death have been ...

Yesterday I posted a note about the video showing a judge losing his temper in court ( here ) and a link to an article highly critical of th...

Yesterday, the ABA Journal posted a copy of a video (apparently a big hit on You Tube) in which a judge totally loses control during a divo...

Once again let's add another incredible but true story to our long list of things you should NOT do if you want to continue to practice ...

Here is a link to a strange opinion by the Oregon Supreme Court in which the Court imposes an 18 month suspension.  What makes the opinion s...

While there are other cases capturing the attention of the public over at the Supreme Court, about two weeks ago, the Court handed down an i...

I have posted several links to articles and videos in which other have criticized the conduct of the prosecutor in the George Zimmerman case...

Professor Jonathan Turley is reporting today that an Associate Circuit Judge in Missouri is under investigation for allegedly allowing her ...

Last month I posted links to the debate in California as to whether an illegal immigrant should be allowed to practice law (see here ).  The...

The Legal Ethics Forum is reporting that  the Supreme Court of Washington has adopted new standards for indigent defense.  Go here for the ...

In  a recent advisory opinion the Supreme Court of Ohio Board of  Commissioners on Grievances & Discipline has found that a legal but ...

Here is a link to a short comment on the issue of outsourcing of legal services and the ABA's 20/20 Commission's paper and proposal...

The ABA Commission on Ethics 20/20 is seeking comments on a newly released Issues Paper entitled " Issues Paper Concerning Model Rule o...

In a recent Op-ed piece in the ABA Journal, Erwin Chemerinsky (dean of the Univ of California - Irvine law school) writes that "it is i...

Continuing our on going list of simple rules on how NOT to practice law, here are two quick ones: 1.  Claim you don't own any jewelry ...

About a month ago, the New York Appellate Division, Fourth Department, issued a very short opinion reaffirming the view that a plaintiff can...

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

Long time readers of this blog will remember I have been following the story about prosecutorial misconduct in the Ted Stevens case and that...

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...

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

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

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

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...

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...

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

Here is yet another compilation of bad lawyer commercials .