Professional Responsibility Blog

Citing the  “justice gap” that leaves more than 2.3 million low-income New Yorkers each year to navigate the civil justice system on their o...

Professor James E. Moliterno (Washington & Lee) has published "Ethics 20/20's Successfully Achieved its Mission: It 'Protec...

I am curious to see what you think should be the appropriate sanction give the following facts (which are taken from an actual case recently...

A task force of the State Bar of California has recommended that new attorneys be required to complete at 50 hours of pro bono service befor...

Here is a story about an attorney who was reprimanded by the Supreme Court of West Virginia for "lapses in the representation of client...

If you follow blogs as much as I do, you probably know by now that Google Reader will be shut down at the end of the month. If you are looki...

Model Rule 8.2 states that a lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth ...

Regulatory agencies and courts have often had trouble defining exactly how the authority between an attorney and her client should be alloca...

I have not updated the on-going "how not practice law" series in a while, so I thought I'd revive it by mentioning a topic I...

As reported in Legal Ethics in Motion and discussed in the Legal Ethics Forum , The Miami Herald reports that a former prosecutor has come...

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...

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...

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

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-...

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

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

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

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

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

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

Go here for the answer .

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...

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

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...

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

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...

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

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...

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

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...

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

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

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

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

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...

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

 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...

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...

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

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

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

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...

For a short comment on this question, go here .

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

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

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...

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...

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

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

Prosecutor Discretion has some thoughts on the subject here .

The ABA Standing Committee on Ethics and Professional Responsibility has issued a new opinion ( here ) on issues relating to a judge's ...

Go here for a great summary of last year's top stories in international legal ethics.

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...

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

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

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

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

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

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

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

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

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...

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

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

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...

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

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

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...

Injured has a short post with some common sense advice on settlement talks here .

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

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

The title says it all. The story is available here . Thanks to Ross Good for sending me the link.

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...