Professional Responsibility Blog

Here is a podcast discussing issues related to lawyer advertising.  There is nothing particularly new here, but it might be interesting to t...

I think the discussion of whether it would be ethical for an attorney to encourage the jury to engage in "nullification" is very i...

There is a new chapter in the shameful history of prosecutorial misconduct in New Orleans.  Another prisoner has been released, this time af...

Here is an interesting article in today's New York Times that reports on an on-going internal investigation on the role of GM's law...

Back in August of 2012 I first reported on a complaint filed by 3M Corp. against the law firm Covington & Burling alleging that the firm...

Back in April I reported that the South Carolina Supreme Court found LegalZoom is not engaged in unauthorized practice of law.  However, th...

I have been following the debate about whether (or under what circumstances) should the state be allowed to discipline a lawyer for comments...

In class we spend a lot of time discussing ethical issues related to the practice of discovery.  A few days ago, Max Kennerly, of the Litiga...

A few years ago, I posted a link to an article describing the deposition discussion regarding the definition of a photocopier.  Today, the ...

I just posted a long comment on the political ad in South Carolina attacking a candidate because he used to do criminal defense work (see be...

The Legal Ethics Forum has t he story, links and comments here .

In case the double negative in the title of this post is too confusing, here is the bottom line:  if your case settles, tell the judge!  Alt...

The Republican Governors Association has launched an ad campaign in support of the reelection of Gov. Nikki Haley that should be of concern ...

The ABA Journal.com is reporting today that legislation allowing the California State Bar to levy fines for unauthorized practice of law ha...

Here is a short article  arguing that the Model Rules should have a rule directly requiring honesty to clients. Thanks to the Legal Ethics...

The Smithsonian Magazine has a review of an article that attempts to determine the factors that go into making a lawyer happy.  According ...

The ABA Journal.com is reporting that a former New Hampshire judge has been reprimanded for comments he made at a meeting with public defend...

I always make a point of reminding my students that being competent includes understanding the day to day operation of law practice and the ...

The Illinois Attorney Registration and Disciplinary Commission recently recommended a five month suspension for a criminal defense lawyer af...

On March 28, the Board of Governors of the Florida Bar approved a number of revisions to the state's rules on trust accounts. Among othe...

Next week we will begin discussing conflicts of interest in criminal law practice.  Right on cue, the Legal Profession blog is reporting to...

A lawyer who years ago got in trouble when she was caught on tape engaging in sexual contact with a client in a room for attorneys to meet w...

Yesterday, the Michigan Supreme Court issued an opinion ( available here ) removing from the bench a judge who was in the news some time ago...

As you know, attorneys have a duty not to pursue frivolous claims, a principle that appears both in the rules of professional conduct and ...

Just over a week ago, the Illinois Appellate Court, First District, issued an opinion addressing two important issues related to fee splitti...

As you probably know, a cause of action against a lawyer for "breach of fiduciary duty" is different than a cause of action for ma...

Because many aspects of the use of marijuana and the marijuana industry violate federal law, there is some debate as to whether counseling c...

Can an attorney accept a loan from a private lender if the attorney must commit to pay it back by agreeing to grant the lender a certain per...

Long time readers of this blog know that I have posted many stories on prosecutorial misconduct and that I have been critical of the Departm...

I don't think there is anything illegal or unethical about offering unpaid internships in a law firm.  However, the fact you can do some...

Here is a new article on the latest prosecutorial misconduct scandal in North Carolina.

Disbarring the Critics is reporting that in late February, the Maryland Court of Appeals disbarred a long-time Maryland attorney for allegi...

Just when we thought we had seen the worst attorney ad of the year during the Super Bowl (see here and here ), in comes an internet commerc...

About two weeks ago. the Supreme Court decided a case that has important implications on a criminal defendant's access to legal represen...

Here is a link to a good article in the Connecticut Law Tribune about prosecutorial misconduct.

As you probably remember, back in January the California Supreme Court issued a long awaited decision holding that an undocumented immigrant...

Eric Turkewitz, of the NY Personal Injury Law Blog, reports on an amendment to the New York rule that describes how contingency fees should...

Earlier today I posted a comment about proposed changes to the rules in Florida.  See here .  I just received the proposed new text and her...

I have often complained about the confused state of the law as it relates to the notion of non refundable "flat fees" which in man...

As all practicing lawyers know, it is important to listen carefully to prospective clients.  It is important to understand their concerns, t...

The Legal Profession blog is reporting that the Indiana Supreme Court has imposed a  suspension  of not less than two years without automati...

As all litigators know, there is an important difference between helping a witness prepare in advance of their testimony and telling the wit...

As if we need any more stories of prosecutors who do not abide by their obligations, here is a particularly troubling one.

I recently posted a link to comments about the California Supreme Court's  decision  to deny admission to Stephen Glass.  Here's mo...

When attorney Jamie Casino spent who knows how much money on a 2 minute commercial spot during the Super Bowl, I am sure he was looking for ...

Real Lawyers Have Blogs is asking whether law firm blogs are governed by advertising rules: "...why throw blogs in with things that ar...

I have reported on many cases where courts reverse convictions because of improper arguments by prosecutors.   Here ,  here and here are t...

There is a new contender in the worst attorney ad category.  Take a look below at a commercial aired during the Super Bowl by an attorney in...

The District of Columbia Bar Legal Ethics Committee has just issued a new Opinion in which it addresses ethical issues that commonly arise i...

Back in 2009, the U.S. Supreme Court heard oral arguments in a case called Pottawattamie County, Iowa v. Harrington  in which it was asked ...

In class we discuss the concept of jury nullification and the issue of whether it would be proper for an attorney to ask the jury to ignore ...

In light of the controversy generated by the case of Stephen Glass in California, The ABA Journal is asking its readers to comment on whethe...

Issues related to the freedom of speech of lawyers continue to hit the headlines.  A few days ago, I posted a comment on the on-going debate...

I have not posted a "How not to practice law" story in a while, so here is a short one from today's headlines, as reported by ...

Yesterday I posted a comment on the decision by the California Supreme Court to deny admission to Stephen Glass.  (See here .)  Today I foun...

As reported in the Legal Ethics Forum : The ABA Journal is running a story this month that is rather critical of states that have no adm...

As we all know, the practice of the profession is heavily regulated and part of that regulation includes limits on our freedom of speech.  H...