Professional Responsibility Blog

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

Tuesday, November 26, 2013

Ethics lessons from fictional lawyers

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Here is the link to an article on fictional lawyers, from movies and novels, and the ethical issues they faced.
Monday, November 25, 2013

Arizona adopts a revised version of Model Rule 3.8 rule on prosecutors duties

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The newly adopted rule is available here.

Center for Prosecutor Integrity to create a registry of prosecutorial misconduct

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The Center for Prosecutor Integrity has just issued this press release , announcing the the receipt of a grant to establish a Registry of P...

A public defender's comments on prosecutor misconduct

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A few minutes ago I posted a note on a recent case on prosecutorial misconduct.  I then found a comment on the case (and more general issues...

Conviction reversed - but no sanctions imposed - for prosecutor's improper comments

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The Legal Ethics Forum recently posted a link to a story in the Connecticut Law Tribune about a decision of the state's supreme court...

Former Texas DA (now a judge) disbarred in case of wrongful conviction after failure to disclose exculpatory evidence

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In March of 2012, the TV show 60 Minutes had a segment on the controversy over the conduct of a former Texas prosecutor who was accused of f...

On the relationship between prosecutors and the police.

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About a week ago we discussed in class how a prosecutor must perform three different roles in one.  Prosecutors are part of the law enforcem...
Thursday, November 14, 2013

How should you behave during court appearance

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A few basic tips here .  My students will appreciate the first rule under "school rules."
Thursday, November 7, 2013

San Jose mercury news article on Stephen Glass oral argument

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Earlier I posted the video of the oral argument in the Stephen Glass case and a link to the briefs in the case. My take on the oral argu...
Wednesday, November 6, 2013

Pennsylvania Supreme Court announces revisions to rules of professional conduct.

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The Pennsylvania Supreme Court has announced revisions to its Rules of Professional Conduct.  The Legal Profession blog has more informatio...

Briefs in the Stephen Glass case

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Earlier tonight I posted the video of the oral argument in the Stephen Glass case.  Here is a link to an article where you can find the bri...

California Supreme Court oral argument on Stephen Glass admission petition case

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Earlier today, the California Supreme Court heard oral arguments on the petition for admission of Stephen Glass. The video appears below. ...
Friday, November 1, 2013

ABA issues formal opinion on whether attorneys can participate in "deal of the day" programs like Groupon

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Bar associations and other state authorities have been issuing opinions on whether it is permissible for lawyers to use pre-paid discount ...

Is it misconduct for a lawyer to ignore rule against including a claim for a specific dollar amount in a complaint?

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Eearlier this week the New York Daily News reported on a recently filed claim alleging that energy drink Red Bull contributed to the death o...

What lawyers put in online profiles versus what clients want in profiles

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This chart was created by Matt Homman and there is a comment about it in Real Lawyers Have Blogs

So you want to be a prosecutor?

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Go here for some good advice.
Friday, October 25, 2013

The "meet and greet" practice of law?

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The "a public defender blog" has posted a story on the reality of practice of criminal defense in some courts.  In fact, this is (...

Lawyers Swarm to Ghost Blogging, But is it Ethical?

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The Legal Talk Network has a 25 minute podcast on the issue of whether ghost blogging is ethical here (or here ).

New case on the limits of proper argument

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One of the topics I cover in my class is the notion of limits of proper argument.  I assign a series of cases that discuss whether it is pro...
Wednesday, October 9, 2013

Extra!: U.S. Attorney agrees to vacate conviction after thrashing by Ninth Circuit for prosecutor's misconduct

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Last Saturday I posted a video in which the Court of Appeals for the Ninth Circuit severely criticized the conduct of a district attorney...

More comments on prosecutorial misconduct: why do some courts protect the anonymity of prosecutors?

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Here is a link to a recent article in the Huffington Post that discusses the fact that the names of misbehaving prosecutors are rarely if e...

Book (p)review: Essential Qualities of The Professional Lawyer

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Back in 2008 I wrote an article for a symposium on professionalism in which I tried to reduce the notion of professionalism to some basic e...

Vote for innovative ideas at the Innovating Forum

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Are you interested in new ideas on how to change and improve our justice system?  If so, take a look at the Innovating Justice Forum   of th...
Monday, October 7, 2013

Illinois Supreme Court finds "advanced payment retainers" can't be used in divorce case

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Back in 2007, in a case called Dowling v. Chicago Options Associates , the Illinois Supreme Court recognized something it called an “advance...
Saturday, October 5, 2013

When can a lawyer be sanctioned for criticism of judges?

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The Indiana Disciplinary Commission recently recommended a one year suspension without automatic reinstatement for an attorney based on the ...

Governor signs bill that would allow undocumented alien to be admitted to the bar in California

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I previously reported that the California legislature approved a bill that would allow undocumented aliens to join the California bar (see h...

Ninth Circuit Court of Appeals on how to handle prosecutorial misconduct

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Long time readers of this blog know that I often complain how courts do not seem to take the problem of prosecutorial misconduct seriously. ...
Friday, September 20, 2013

Even more on the reversed convictions for prosecutorial misconduct

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The Legal Ethics Forum has some more links here .
Thursday, September 19, 2013

More on the egregious conduct of the prosecutors in New Orleans

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Yesterday I posted some links on the recent reversal of a conviction due to prosecutorial misconduct.  Today Seeking Justice has posted a lo...
Wednesday, September 18, 2013

More convictions reversed because of prosecutorial misconduct

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Describing the conduct of Justice Department lawyers as “grotesque,” U.S. District Judge Kurt Engelhardt ordered a new trial for officers ac...
Monday, September 16, 2013

How not to practice law: insult the opposition

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In class we discuss some cases on the question of whether an attorney can or should disciplined for expressing offensive opinions or for mak...
Friday, September 13, 2013

California legislature passes bill permitting non-citizens to become California lawyers

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Last year I posted a few links to articles on the debate on whether undocumented immigrant should be allowed to practice law (in Californi...

Another comment on prosecutorial misconduct

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Just a few minutes ago I posted a note about a recent case from the Fourth Circuit on prosecutorial misconduct.  Here is another comment on...

Yet another example of why there is so much prosecutorial misconduct

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I hate to sound like a broken record, but here I go again:  prosecutors will continue to break the rules unless courts begin to take the pro...
Wednesday, September 11, 2013

Ethics Forum essay writing competition

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The Legal Ethics Forum is sponsoring an essay writing competition with cash prizes.  Go here for details. 

More on the issue of violating conflidentiality when replying to an on line review

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A couple of days ago I posted a note on a recent complaint filed alleging an attorney disclosed confidential information when replying to a...
Monday, September 9, 2013

On how to handle a problem client

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Professional Liability Matters (blog) has a short comment with practical advice on how to handle a problem client here .

Violating the duty of confidentiality when replying to an online review

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The Legal Profession Blog is reporting that the Illinois Administrator has filed a complaint alleging that an attorney violated her duty o...
Wednesday, September 4, 2013

Oral argument on whether undocumented immigrant should be admitted to practice

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Last year I posted a few links to articles on the debate on whether undocumented immigrant should be allowed to practice law (in California)...

Teacher gets disciplined for threatening to kill people

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Here is the story . Could a lawyer be disciplined for similar conduct? 
Tuesday, September 3, 2013

Debate about intra-firm privilege continues

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Last month I posted a few links to other blogs and an op-ed piece on the issue of intra-firm privilege.  See here .  The Legal Ethics Forum ...
Monday, September 2, 2013

Newspaper and TV reports on the Florida public defender I mentioned earlier

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Here is a report on the elected public defender in Florida I mentioned in my previous post.  Also here is a clip from Action News:

Elected state public defender?

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I must confess I did not know that in some jurisdictions the Public Defender is an elected position.  Wow!  I find that hard to believe.  Th...

Comment on NY opinion on "specialties" and LinkedIn

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I have more than once complained about the lack of common sense when it comes to rules related to advertising lawyers' "specialties...

Should a lawyer be disciplined for his conduct as a client of another lawyer?

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Just a few days ago, the Missouri Supreme Court issued an opinion that raises an interesting question.  Here is the story, in a nutshell:  s...
Sunday, August 25, 2013

Huffington Post article about lack of accountability for prosecutorial misconduct

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The Huffington Post has published a story on an issue I have written about many times: the lack of accountability for prosecutorial miscond...
Monday, August 19, 2013

Article on issues related to social media and the practice of law

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Here is a link to a recent article on issues related to social media and the practice of law.  Among other things, it comments on an ethics...
Friday, August 16, 2013

You can now get the posts via RSS

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For those of you who used to rely on Google Reader, or those of you who prefer to get notices of the posts as they are posted throughout the...

Illinois adopts a "civil Gideon" pilot program

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The Chicago Daily Law Bulletin is reporting today that Gov. Patrick J. Quinn has signed legislation that will make Illinois the second stat...
Thursday, August 15, 2013

North Dakota Supreme Court opinion on non refundable "minimum fees"

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I have written many times before on the concept of flat fees and whether they can be non refundable. See here , here and here , for examp...
Wednesday, August 14, 2013

More criticism of the DC Bar Counsel decision to recommend an admonition for prosecutor with history of repeated violations

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I recently posted a comment critical of a decision from Washington DC in which the Office of Bar Counsel recommended only an admonition for...

Wisconsin Supreme Court finds ethical obligation to disclose exculpatory evidence is not broader than the obligation under Brady v. Maryland

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The Wisconsin Supreme Court recently held in a disciplinary proceeding ( In re Riek ) that prosecutors' ethical obligation to disclose ...
Friday, August 9, 2013

Should the US Supreme Court adopt an ethics code?

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A group of Democratic lawmakers has reintroduced a bill that would require Supreme Court justices to comply with the same ethics rules tha...

NY Times article on character and fitness inquiries re mental health

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Here is a link to a recent New York Times article on whether it is proper for character and fitness committees to ask about candidates'...

Washington DC Office of Bar Counsel again fails to impose meaningful discipline

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A few days ago, I commented on a case in Washington DC where the Office of Bar Counsel's recommendation of censure for prosecutorial mi...
Monday, August 5, 2013

Death Row inmate's lawyers move to disqualify entire Attorney General's office from representing the state in appeal

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Last month, the lawyers for New Hampshire’s only inmate on death row filed a motion to disqualify the entire Attorney General’s office from ...

Washington DC's notion of moral turpitude apparently does not include holding a minor as a sex slave

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If you are a long time reader of this blog, you know that I have asked before for an explanation as to the notion of moral turpitude in Wash...
Thursday, August 1, 2013

Iowa Supreme Court recognizes claim for emotional distress caused by attorney's malpractice

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I have never understood why it is so difficult for courts to recognize claims for emotional distress in cases where the plaintiff does not s...

Conviction reversed because of prosecutorial misconduct

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The New Jersey Supreme Court has reversed a conviction because a state prosecutor's office violated its post-indictment discovery obli...

DC gets tough on prosecutors for misconduct

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I have complained repeatedly on this blog about how regulatory agencies and courts do not take prosecutorial misconduct seriously enough; ab...

Alaska limits prosecutorial discretion to enter into plea bargaining in some cases

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"A Public Defender" is reporting that Alaska has decided to limit prosecutorial discretion to negotiate plea agreements in certain...

Article criticizing decisions that found converstations within a firm regarding possible malpractice are privileged

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Last month I reported that the Massachusets Supreme Court recently found that confidential communications between law firm attorneys and a ...
Thursday, July 25, 2013

How not to practice law: ask client to pay for legal services with sex

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Here is the most recent addition to our running list of examples of how NOT to practice law . This is one we have seen before and it should...
Sunday, July 21, 2013

Connecticut Law Tribune editorial on prosecutorial misconduct

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I often complain that courts do not take prosecutorial misconduct seriously enough.  To its credit, The Connecticut Law Tribune does.  It re...

Criticism of District Attorney following Zimmerman trial

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Jonathan Turley has posted his opinion on the conduct of the District Attorney in charge of the Zimmerman prosecution.  He states that the D...
Wednesday, July 17, 2013

More on the Zimmerman case

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Again, as expected there are more comments on the Zimmerman verdict.  Here are links to some I saw today (with brief quotes to give you an ...

Can a lawyer advice a client to "clean up" a Facebook page?

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There are a lot of stories out there about lawyers looking for evidence in clients' and opponents' Facebook pages, so it is interest...
Sunday, July 14, 2013

More comments on the Zimmerman verdict

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Yesterday I wrote that we would see many comments on the Zimmerman verdict in the next few days.  Here are links to some I saw today: USA ...

Georgia Supreme Court agrees with recent ruling re intra-firm privilege

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A few days ago I reported that a new decision from Massachusets recently held that confidential communications between law firm attorneys ...
Saturday, July 13, 2013

Comments on Zimmerman Verdict

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I am sure we will see lots of comments on the Zimmerman case in the next few days.  Here is a link to a short comment (with lots of links t...
Wednesday, July 10, 2013

More on the story on perjury by medical expert in personal injury cases in New York

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I recently posted a story about a developing story about perjury in New York.  The story continues...    Go here for the latest.

Massachusets Supreme Court recognizes in intra law firm privilege

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The Legal Profession blog is reporting ( here ) on an important new decision from Massachusets on whether confidential communications betwe...

E mail problems seem to have been solved

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It seems that the e mail update service is functioning properly again. If you signed up yesterday (Tuesday, 7/10) you should have received...

E-mail problems part II

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Thank you to all the readers who have signed up again for e-mail updates. Unfortunately, I did not get an update this morning either so I ...

New Jersey Supreme Court fails again

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I have complained in the past about New Jersey's repeated failures to properly sanction unethical conduct.  See here and here , for exa...

Sanctions for lawyers of witness who perjures himself?

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Eric Turkewitz continues his coverage of a developing story in New York, where a judge recently found a physician who has made a career te...
Tuesday, July 9, 2013

Problems with e-mail subscriptions

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Something happened to the blog yesterday and the e-mail subscriptions function stopped working. I fixed the problem, but unfortunately, if y...
Monday, July 8, 2013

Witness commits perjury, then blames the judge because judge had told him he had to tell the truth...

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Eric Turkewitz continues his coverage of a developing story in New York, where a judge recently found a physician who has made a career test...

Book review and discussion of lawyers' roles

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JOTWELL has a good book review of W. Bradley Wendel's Lawyers and Fidelity to Law (Princeton University Press, 2010).  I have not read ...
Saturday, July 6, 2013

Court affirms disqualification of Covington & Burling

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Last year I posted a few comments about a case in which 3M Corporation sued the law firm Covington and Burling arguing that the law firm vio...
Friday, July 5, 2013

What to do if attorney discovers child pornography in a computer that belongs to a member of a corporate client

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Prof. Monroe Freedman has posted this interesting question at the Legal Ethics Forum:  A lawyer who represents both civil and criminal clien...

Unbundling legal services: not as easy as it sounds

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Last February, I reported that the ABA approved a resolution encouraging lawyers to consider providing unbundled legal services when appropr...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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