Professional Responsibility Blog

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

Wednesday, May 29, 2013

New Illinois State Bar Association opinion on fees in estate matters

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The ISBA has issued its first ethics opinion of the calendar year. It was approved in January and designated number 13-01. the summary rea...

Is it a violation of the rules to say one specializes in a certain area of the law?

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Back in 2011, I wrote about a case from Indiana in which two attorneys were disciplined for stating in an ad in the yellow pages that they...

On the duty supervise non lawyers

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"Your ABA" has posted a short article discussing the duty to supervise non lawyers in the office here .   For a recent example...
Monday, May 20, 2013

NJ considering imposing pro bono requirement for admission (as in New York)

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A working group appointed by the NJ Supreme Court has released a report and recommendations in which it urges the adoption of a 50 hour law-...

Brady v. Maryland turns 50 while many articles lament comment on how it has failed to fulfill its promise

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About ten days ago Brady v Maryland turned 50 years old.  That landmark decision, one of those so important most lawyers will recognize it ...
Thursday, May 16, 2013

For the professors going to the ABA National Conference in San Antonio...

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For those of you planning to attend the upcoming ABA National Conference on Professional Responsibility in San Antonio, I would like to let ...
Sunday, May 12, 2013

New York D.A. to Review 50 Murder Cases for Possible Wrongful Convictions

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A NY Times Sunday front page article reports: The Brooklyn district attorney’s office has ordered a review of some 50 murder cases assigned...
Friday, May 10, 2013

Witness preparation and the uncontrollable witness

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Prosectuor's Discretion has published a short comment by a prosecutor with some good advice on how to prepare a witness and the concerns...
Tuesday, May 7, 2013

Prosecutorial misconduct

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I have often commented on how it is important for courts to take prosecutorial misconduct seriously.  What incentive is there to stop acting...

New Arizona opinion on Groupon for lawyers

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Long time readers of this blog will remember previous posts on whether it is permissible for lawyers to use pre-paid discount services like...

Advice from a public defender: what to say when the DA insists you agree to the amount of bail the DA wants

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Go here for the answer .
Monday, April 29, 2013

Seeking Justice: a blog dedicated to prosecutorial misconduct

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Thanks to the Legal Ethics Forum, I recently found out about a blog called Seeking Justice which is dedicated to commenting on issues of pro...
Thursday, April 25, 2013

The Atlantic: "What is the most important Supreme Court case no one's ever heard of?"

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The Atlantic Magazine asked a number of "experts" (law professors, lawyers, judges, authors, etc) for their opinion on the most i...
Wednesday, April 24, 2013

New article and debate about the problem of the client who intends to commit perjury

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Over at the the Legal Ethics Forum, an article by Richard Zitrin has ignited the never ending debate as to what to do when a criminal defend...

Illinois disciplinary annual report

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The Illinois Attorney Registration Commission has posted its Annual Report for 2011. As usual, it has a lot of useful information about com...
Sunday, April 21, 2013

Judge sets good example: holds himself in contempt

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There is a first time for everything.  This is the first time I have heard of a judge finding himself in contempt.   Apparently, the judge h...

More comments on the state of access to representation in criminal cases

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As you probably remember this year we are celebrating the 50th anniversary of Gideon v. Wainwright, the case that recognized the right to c...

Texas judge to face criminal charges for his misconduct as prosecutor 25 years ago

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Long time readers of this blog might remember a case in Texas in which a judge was under investigation for misconduct when he was a prosecut...

Prosecutorial misconduct in the news

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Here are some links to recent stories on prosecutorial misconduct:  ProPublica has a two part story on "who polices prosecutors" i...

Attorneys disciplined when employees steal money from clients

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In two recent cases, attorneys have been disciplined when employees stole money from clients. In one case, it was a paralegal and in the ot...
Friday, April 12, 2013

Utah may be facing a lawsuit for failing to provide legal defense for indigent defendants

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According to a story in the San Francisco Chronicle, available here , the state of Utah could be vulnerable to a lawsuit for falling short ...
Tuesday, April 9, 2013

Follow-up on the story about the prosecutors in Senator Steven's case

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Yesterday I reported and commented on the fact that an administrative judge has overturned the suspensions of the prosecutors who engaged in...
Sunday, April 7, 2013

Judge overturns suspensions of prosecutors in Ted Stevens' case

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Long time readers of this blog will remember I have been following the story about prosecutorial misconduct in the prosecution of the late ...
Tuesday, April 2, 2013

Florida opinion on website design and search engine optimization

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As reported in Legal Ethics in Motion : On March 5, 2013, the Florida Bar Standing Committee on Advertising issued a Proposed Advisory Op...
Monday, April 1, 2013

Out of control judge suspended until 2017

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You may remember my previous posts on a video in which a judge totally loses control during a divorce hearing and starts yelling at one of t...
Sunday, March 24, 2013

Oregon Bar Issues Ethics Opinion on Accessing Information on Social Networking Website

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The Oregon Bar has published an ethics opinion addressing the following specific questions: 1. May Lawyer review a person’s publicly avai...
Tuesday, March 19, 2013

Even more comments on the right to counsel

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 A few days ago I posted a few links to articles commenting on the 50th anniversary of the case that recognized the right to counsel in cri...
Friday, March 15, 2013

More comments on the state of the right to counsel

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A few days ago I posted a link to an editorial in the NY Times on the state of the right to counsel ( here ).  As we celebrate the 50th anni...
Thursday, March 14, 2013

Claiming the client made you do it will not save your license

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The Legal Profession blog is reporting on a case that reiterates an important lesson for all lawyers.  Lawyers can't blame their client...

New case holding it is improper to represent buyer and seller in same transaction

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Here is a link to another case holding it is improper to represent the buyer and seller in the same transaction.

Washington DC to decide whether there is a civil liability duty to non clients

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Under what circumstances should an attorney have a duty in tort toward the affiliates of an entity client?  The question is now before the...
Tuesday, March 12, 2013

NY Times: The Right to Counsel, Badly Battered at 50

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A couple of days ago, The New York Times published a good editorial on the state of the right to counsel.  It starts: A half-century ago...

Should the International Criminal Court adopt a code of ethics for prosecutors?

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For a short comment on this question, go here .

In case of first impression, Kentucky Supreme Court to decide whether fee arrangement violates rule vs contingency fees in criminal defense cases

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Tomorrow, the Kentucky Supreme Court will hear an interesting case that asks the court to determine whether an attorney entered into an inva...
Sunday, March 10, 2013

New Hampshire issues opinion on cloud computing

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The New Hampshire Bar Association has issued an opinion on the use of cloud computing. It joins a number of other jurisdictions holding th...
Wednesday, February 27, 2013

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

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A couple of years ago I reported on a case in which  the Appellate Division of New York's Supreme Court  affirmed a decision nullifyin...

How not to practice law: get married when you are already married, part 3

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Here is a story we have seen before.  If you are looking for another example of conduct outside the practice of law which can result in disc...
Monday, February 25, 2013

New ISBA opinions

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In its January meeting, the Illinois State Bar Association's Board of Governors approved three ethics opinions addressing probate fees,...
Friday, February 22, 2013

Florida issues opinion on whether lawyers can use "the cloud" to store confidential documents

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Legal Ethics in Motion is reporting ( here ) that last month the Florida Bar Professional Ethics Committee issued Proposed Advisory Opinion ...

How does a prosecutor feel when the court issues a guilty verdict?

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Prosecutor Discretion has some thoughts on the subject here .

ABA issues opinion on judge's use of social media

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The ABA Standing Committee on Ethics and Professional Responsibility has issued a new opinion ( here ) on issues relating to a judge's ...
1 comment:
Monday, February 18, 2013

Top Ten International Legal Profession Stories of 2012

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Go here for a great summary of last year's top stories in international legal ethics.
Wednesday, February 13, 2013

How not to practice law: charge the client six hours worth of time for the time it took you to prepare the bill

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I've always thought that lawyers should not charge at all for the time it takes to prepare a bill.  That is not time spend on the clien...

Kansas Supreme Court holds flat fee agreement in murder case is sufficient evidence of conflict to support a finding of ineffective assistance of counsel

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In a very surprising move the Kansas Supreme Court recently ruled that an overworked and inexperienced defense lawyer's flat-fee arrang...

Attorney fired for refusing to help a client commit fraud does not have a claim for wrongful discharge

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About ten days ago, the Washington Court of Appeals issued a decision on whether an attorney can sue for wrongful discharge.  The court hel...

Prison commander testifies that government hid microphones in Guantanamo, but no one listened

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Yesterday I reported that defense attorneys in the case against the alleged 9/11 mastermind have argued that the US government have been li...
Tuesday, February 12, 2013

ABA approves resolution on unbundling legal services

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The ABA Journal is reporting today that an ABA House of Delegates has approved a resolution encouraging lawyers to consider providing unbund...

ABA adopts new proposals to amend the Model Rules and more

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Professor Andrew Perlman, the Chief Reporter for the ABA's "Commission on Ethics 20/20," is reporting that just a few days ag...

Defense attorney questions wether US government is disregarding client's right to confidentiality in 9/11 prosecution

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On of the defense attorneys in the case against alleged 9/11 mastermind Khalid Sheik Mohammed and four accused co-conspirators in the murd...
Saturday, February 9, 2013

Update on advertising rules

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The Association of Professional Responsibility Lawyers is currently holding a national meeting and today they had a discussion on recent de...
Wednesday, February 6, 2013

Article: "America's broken criminal justice system"

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Blogger has published a long but interesting article on what he calls "America's broken criminal justice system." In it, he di...

More comments on allegations against former prosecutor in Texas for concealing evidence

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Back in March of last year I posted a comment on a case in Texas in which a judge was under investigation for misconduct when he was a prose...
Saturday, February 2, 2013

Florida Supreme Court amends, and some say "loosens," lawyers’ advertising rules

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A divided Florida Supreme Court yesterday eliminated a number of existing limits in the state's regulations on advertising by lawyers bu...

New report on contingency fees

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The Center for Justice & Democracy has published a new study called Courthouse Cornerstone: Contingency Fees and Their Importance for Ev...

How not to conduct a hearing: leave a woman requesting a protective order with the guy she wants protection from in a room with no security personnel

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By now you may have heard of this story or seen the video; but in case you haven't here it is.  The video shows how a judge left a woman...
Wednesday, January 30, 2013

How not to practice law: represent yourself in a disciplinary hearing when you have faced discipline four times in the past

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I found this headline at the Legal Profession blog very interesting:  "Self-Representation In Bar Discipline Case Is Evidence Of Incomp...

What are the consequences of the amendment to the comment to Model Rule 1.1?

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Last August, the ABA amended the comment to Model Rule 1.1 to extend the notion of competence to include knowledge about "technology....

New York issues opinion on duties to prospective clients

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The Ethics Committee of the New York City Bar Association has just issued a very informative new ethics opinion on the duties owed to prosp...
Tuesday, January 29, 2013

Tips for settlement talks

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Injured has a short post with some common sense advice on settlement talks here .
Sunday, January 27, 2013

Tennessee Supreme Court considers new rules on advertising; FTC doesn't like them; I don't either

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The Tennessee Supreme Court is considering proposals to amend the rules related to advertising but I find it difficult to believe most woul...
Tuesday, January 22, 2013

What is the most ridiculous case someone has asked you to file?

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The ABA Journal has asked its readers about the most ridiculous cases they have encountered, and the readers have responded with pages wort...
Saturday, January 19, 2013

How not to practice law: Have sex with your client, then charge her for your time

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The title says it all. The story is available here . Thanks to Ross Good for sending me the link.
Friday, January 18, 2013

How not to practice law: help your boyfriend escape from prison and then post a photo of the two of you together on facebook just hours later

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Continuing our long running list of really dumb things to do, this one could be one of my favorites:   The Legal Profession Blog is reportin...
Wednesday, January 16, 2013

What to keep in mind when using "social media"

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Over at the Legal Ethics Forum, Nicole Hyland has posted a summary of remarks she is preparing to deliver at a conference on ethical issues ...
Sunday, January 6, 2013

Famous lawyer F. Lee Bailey denied admission in Maine

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As readers of the blog probably know by now, it was recently reported that F. Lee Bailey has been denied admission in Maine, where he now re...

Missouri Supreme Court to review case of judge who had her clerks handle cases while she was on vacation

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Back in June I posted a note about a report that a Judge in Missouri was under investigation for allegedly allowing her clerks to handle li...
Friday, January 4, 2013

Top Stories of 2012 - Canada edition

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Here is a list to the top stories in Legal Ethics in Canada for 2012, as compiled by friend of the blog Prof. Alice Wolley. Thanks to Joh...
Tuesday, January 1, 2013

Top stories of 2012

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The Legal Ethics Forum has posted its annual top stories of the year list here .
Sunday, December 30, 2012

New ABA Commission 20/20 proposals

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The ABA Commission on Ethics 20/20 recently filed four resolutions and reports for the ABA House of Delegates to consider at its February 2...
Sunday, December 23, 2012

Your Client Has Obtained Privileged Documents Belonging to the Adversary. What Do You Do Now?

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Over at the Legal Ethics Forum, Nicole Hyland asks "Your client has obtained privileged documents belonging to the adversary. What do ...
Wednesday, December 19, 2012

Should Justice Scalia recuse himself from cases related to gay marriage? part 2

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A few days ago, I posted a note with links to several articles on whether Justice Scalia should recuse himself from cases related to gay mar...
Tuesday, December 18, 2012

National Law Journal survey on hourly fees

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The National Law Journal has published a survey of hourly fees based on information provided by 55 of the nation's largest firms.  The f...

60 Minutes (the tv show) segment on wrongful convictions

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Last week, the TV show 60 minutes devoted one of its segments to the problem of wrongful convictions.  The show was mostly about police inte...
Sunday, December 16, 2012

Should Justice Scalia recuse himself from cases related to gay marriage?

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The question of how to determine when a Supreme Court justice should recuse him or herself has been in the news a lot this year. It was par...

Obama administration drops attempt to regulate the representation of Guantanamo detainees

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Back in September, I wrote about the Obama administration's attempt to interfere and regulate the representation of Guantanamo detainees...
Friday, December 14, 2012

West Virginia Board Recommends Judge’s Suspension Until 2016 In Part Based On His Demeanor In Disciplinary Hearing

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You may remember my previous posts on a video (apparently a big hit on You Tube) in which a judge totally loses control during a divorce hea...

California judge reprimanded for comments about rape

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USA Today is reporting that a Southern California judge has been admonished for saying a rape victim "didn't put up a fight" d...
Wednesday, December 12, 2012

Professional Responsibility Essay Contest ($5,000 prize and more)

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Law students looking for a challenge and an opportunity to earn $5,000 and a trip to New Orleans should consider entering the Levit Essay Co...

New Mexico rejects screening as a way to avoid conflict when a lawyer joins a new firm

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In an opinion released last week, the Supreme Court of New Mexico has interpreted the state rule on imputation of conflicts of interest to h...
Thursday, December 6, 2012

Comment on whether sentencing a defendant to go to church is proper under First Amendment analysis

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I have commented before on the practice of some judges of imposing unorthodox, unusual or "creative" punishment, in lieu of apply...
Friday, November 30, 2012

Comment on the case challenging rules against non lawyer ownership of firms

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Over at the Legal Ethics Forum, Nicole Hyland has published a good short comment on the recent decision to revive the case challenging the r...

Is it unethical for an attorney to publicly disagree with a former client's interpretation of a decision issued in a case where the attorney represented the client?

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Is it unethical for an attorney to publicly disagree with a former client's interpretation of a decision issued in a case where the att...
Monday, November 26, 2012

Court of Appeals revives case challenging the ban on non lawyer ownership of law firms

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Back in May of 2011, I wrote the "the next big thing" in Legal Ethics/Professional Responsibility was going to be the debate on wh...

How not to practice law: on appeal, prepare a lousy brief in which you don't discuss the law or support your position

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Continuing our running list of examples on how not to practice law, here is a link to a brand new opinion from the Court of Appeals for the...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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