Professional Responsibility Blog

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

Friday, October 31, 2014

More comments on California's rejection of a proposal to adopt the Model Rules

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As I reported recently ( here ), the California Supreme Court has decided not to adopt a proposal for new rules of professional conduct. As ...
Thursday, October 30, 2014

Podcast on ethical issues about social media

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Here is another podcast on ethical issues related to social media.  If you can't see the play button below, you can listen to the progra...
Monday, October 27, 2014

ND State Bar opinion finds use of medicinal marijuana is a violation of the rules of conduct even if the use is legal according to state law

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Legal Ethics in Motion is reporting on an interesting Advisory Opinion issued a couple of months ago by the Ethics Committee of the State Ba...
Wednesday, October 22, 2014

Comments on possible non lawyer ownership of law firms

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Whether law firm ownership should be limited to lawyers is one of the most important debates going on in the American legal profession today...
Monday, October 20, 2014

Puerto Rico Supreme Court invalidates statute that made Bar Association membership mandatory

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Last week the Puerto Rico Supreme Court issued an opinion resolving a debate that had been hanging over the legal profession in the island f...
Saturday, October 18, 2014

Supreme Court of Puerto Rico rejects proposal to adopt ABA Model Rules

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After writing about the recent decision by the California Supreme Court to reject a proposal to adopt the ABA Model Rules, I realized that I...

U.S. Department of Justice prohibits ineffective assistance of counsel waivers as part of plea bargains in federal criminal prosecutions

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About two months ago I reported ( here ) that the Kentucky Supreme Court issued a very important opinion concluding that the use of ineffect...

California Bar Pioneers Pre-Admission Competency Training for New Lawyers

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About a year ago, the State Bar of California’s Board of Trustees charged the Task Force on Admissions Regulation Reform with “[e]xamin[ing]...
Friday, October 17, 2014

Lawyers behaving badly

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The headlines in today's ABA Journal online include the following stories: Ex-judge gets 60 days and 6 months of house arrest for fals...
Wednesday, October 15, 2014

Better to ask for forgiveness or permission?

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You may have heard the expression "better (easier?) to ask for forgiveness than to request permission" (or something to that effec...
Sunday, October 12, 2014

The story behind the California Supreme Court's rejection of the model rules

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As I reported recently ( here ), the California Supreme Court has decided not to adopt a proposal for new rules of professional conduct. As ...
Wednesday, October 8, 2014

Connecticut Appellate Court holds that there is no duty to disclose exculpatory evidence

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About a week ago, the Connecticut Appellate Court addressed a very interesting question that I have to confess I had not thought about befor...

New ABA Ethics Opinion on sale of practice

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The ABA Standing Committee on Ethics and Professional Responsibility has issued ABA Formal Ethics Opinion 468 – Facilitating the Sale of a L...

Better Call Saul!

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In case you are not familiar with Saul Goodman, here is his website .  Check it out.  My favorite ad is the one called "Sue 'e...
Tuesday, October 7, 2014

Machine intelligence and legal services

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Some time ago I asked whether it was likely that attorneys could be replaced by machines or computer programs.  Here is another post (with...

Discipline for failing to correct client's affidavit when attorney finds out the client lied

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The Legal Profession blog is reporting on a recent report and recommendation by the Illinois Review Board.  In a nutshell, the recommendati...

Comments on how disciplinary system does not work to protect the interests of those it is supposed to protect

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The Legal Ethics Forum has a story on (and link to) a recent report that concluded the disciplinary system in Wisconsin is inadequate in a ...

Comments on the Rules situation in California

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A few days ago I reported that the Supreme Court of California rejected a proposal to adopt new rules based on the ABA Model Rules.  Here ar...
Sunday, October 5, 2014

Attorney ad: real or a parody?

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Does anyone know if this ad is real or is it a parody?  If you can't see the video below, you can watch the video here . UPDATE (1...
Wednesday, October 1, 2014

Supreme Court of Louisiana shows some common sense on what constitutes a misleading ad

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In May of last year I criticized a decision by a Louisiana Hearing Committee recommending a reprimand for an attorney based on the fact that...

Comments on California Supreme Court decision not to adopt new rules

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As I reported earlier today, the California Supreme Court has decided not to adopt a proposal for new rules of professional conduct.  Kafkae...

California Supreme Court rejects 14 years of work product from Rules Revision Commission; plans to start over

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Very surprising!  Sounds like California wants to be the only state that does not follow the ABA Model Rules.  Go here for the story.
Sunday, September 28, 2014

Texas Bar Ethics Opinion finds Texas rule on conflicts is more strict than Model Rule -- then (two years later) changes its mind (UPDATED)

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In a recent opinion, the Texas bar's ethics committee found that a law firm must stop representing a litigation client if it hires a law...
Friday, September 12, 2014

How not to practice law: if you are a judge, show up drunk to preside over your cases

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Need I say more?  The story is here .  It sounds like this was not a case of a judge being irresponsible, but of inability to control alcoho...
Wednesday, September 10, 2014

Interesting oral argument before the Illinois Supreme Court on allocation of authority to make a decision and ineffective assistance of counsel

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The Illinois Supreme Court heard an interesting oral argument today involving an allegation of ineffective assistance of counsel based on th...

Will you be replaced by a robot? or a computer program?

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Lawyers are often asked by clients to review contracts prepared by others.  However, because this type of task is something for which you do...

ABA publishes Formal Opinion on duties of supervisory prosecutors

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As you probably remember, in Connick v. Thompson and in Smith v. Cain the US Supreme Court was faced with allegations of misconduct by the...
Thursday, August 28, 2014

Is "dignity" a proper standard for judicial office campaigns?

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The Legal Profession blog has a story here .  In short, the South Dakota Special Committee on Judicial Ethics Campaign Intervention has issu...
Monday, August 25, 2014

New York State Bar Association report on social media ethics guidelines

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As you know, the Model Rules were amended recently to recognize that an element of competence is knowledge about "technology" whic...
Friday, August 22, 2014

Kentucky Supreme Court finds that it is unethical to require a defendant to waive right to claim of ineffective assistance of counsel as part of plea bargaining

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As you probably know, it is not uncommon for convicted criminal defendants to challenge their convictions alleging that their lawyers did no...
Wednesday, August 13, 2014

Court of Appeals for the Third Circuit finds that NJ rule regarding advertising is unconstitutional

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In a case called Dwyer v. Cappell, the Court of Appeals for the Third Circuit has found that a certain rule adopted in New Jersey to ban att...
Friday, August 8, 2014

Movies with pivotal lessons for lawyers

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As many of you know, I keep a list of recommended movies for lawyers and law students.  It does not includes all the law related movies out...
Thursday, August 7, 2014

Legal Zoom?

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As you probably know, there are a number of decisions out there addressing the issue of whether Legal Zoom engages in "unauthorized pra...
Sunday, August 3, 2014

Philadelphia Bar Association Committee opinion on attorney's advice on client's use of social media

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The Philadelphia Bar Association’s Professional Guidance Committee recently addressed the following questions: (1) Whether a lawyer may advi...
Friday, August 1, 2014

Webimar on ethical issues related to cloud computing

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Here is a webimar by the ABA's Legal Technology Resource Center on ethical issues related to cloud computing.  
Tuesday, July 22, 2014

Will you vote for this blog?

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The voting for the ABA top 100 legal blogs is now open.  If you like this blog, I would appreciate your vote! To vote go to this link and fi...
Monday, July 21, 2014

What do you have to do to get disbarred in Wisconsin?! Court rejects request to disbar attorney who misappropriated money from a client with diminished capacity while serving as guardian

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Misappropriation of clients' funds is often considered to be one of the worst types of misconduct and usually results in disbarment.  In...

Investigation based on complaint about anonymous criticism closed

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Back in January I commented on a complaint filed by a law professor against a blogger for what the professor called cyber-bullying or haras...
Sunday, July 20, 2014

Are lawyers meeting the standard of competence related to knowledge about "technology"?

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A recently adopted amendment to the comment of Model Rule 1.1 (on competence) explains that being "competent" requires lawyers to ...

Podcast on ethical issues related to the dissolution of law firms

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The Legal Talk Network recently posted a podcast on the ethical issues related to the dissolution of law firms.  Go here to listen to it.
Tuesday, June 24, 2014

More comments on the role of lawyers in the GM debacle and the connection with the need for less secrecy in litigation

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News and comments regarding General Motors keep piling up and none of it is good for the automaker. You can go to my Torts blog fore more in...
Monday, June 23, 2014

Update on the story of the judge and prosecutor who were disciplined for engaging in a personal relationship during trial

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About two weeks ago I posted a note about a judge in Florida who was disbarred because, while serving as the presiding judge in a capital fi...
Sunday, June 15, 2014

New York City Bar Association issues opinion on virtual offices

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The New York City Bar Association’s Committee on Professional Ethics has issued an opinion (2014-02) on the use of virtual law offices. The ...

Calls To Reform Wisconsin Attorney Discipline

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The Legal Profession blog has an article on calls to reform the disciplinary system in Wisconsin.

The role of lawyers in the GM debacle

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The debacle surrounding GM's car recalls, lawsuits and corporate culture has generated a great debate on issues related to torts, safety...

How not to practice law: if you are a judge, start a relationship with the prosecutor in the case; if you are cited to a disciplinary proceeding, show up in shorts and a t-shirt; if you like someone you interviewed, send her "sexting" messages.

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Here are three recent stories to add to the on-going list of "how not to practice law" posts: 1. While serving as the presiding ...
Wednesday, June 4, 2014

Illinois Review Board issues opinion that suggests minor sanction is in order for misappropriation if there was a good reason to misappropriate

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Although there are always exceptions, misappropriation of client's funds will almost always result in disbarment.  This is certainly tru...

Podcast: Has the Promise of Gideon v. Wainwright Been Fulfilled?

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Last year we celebrated the 50th anniversary of Gideon v. Wainwright and there was a lot of discussion on the state of access to legal repre...

Update on the story regarding Oregon's decision to consider intra-firm consultation protected under attorney-client privilege

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Bernard A. Burk, Assistant Professor of Law Faculty Fellow, Parr Center for Ethics University of North Carolina School of Law, wrote to me i...

Are legal services "unaffordable"?

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A few days ago, The Atlantic published an article titled Is There Such a Thing as an Affordable Lawyer?   The article argues that the monopo...

Court of Appeals for the 7th Circuit decides case on conflicts in class action representation

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Yesterday, the Court of Appeals for the 7th Circuit dismissed a settlement agreement reached in a class action case citing a laundry list o...

New Jersey Appellate Court holds that a convicted criminal defendant does not have to show innocence to support a malpractice claim (if the defendant pleaded guilty)

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As I have discussed previously (more recently  here ,  here  and  here ), a majority of jurisdictions hold that a convicted criminal defenda...
Tuesday, June 3, 2014

Oregon Supreme Court holds conversations within law firm are privileged in malpractice case against the law firm

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Last week, the Oregon Supreme Court became the third state high court to hold that consultations between a law firm's attorneys and the ...
Friday, May 23, 2014

Podcast on lawyer advertising

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

Podcast on jury nullification

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I think the discussion of whether it would be ethical for an attorney to encourage the jury to engage in "nullification" is very i...
Sunday, May 18, 2014

Yet another shameful case of prosecutorial misconduct out of New Orleans

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

New York Times reports on internal investigation of GM legal department

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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...
Tuesday, May 13, 2014

Minnesota Supreme Court has remanded the order disqualifying Covington & Burling in a case I have been writing about for almost 2 years

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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...

Debate on LegalZoom's business model continues

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

Indiana Supreme Court decides case that can help define the limits of the state's authority to discipline lawyers for comments about judges

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

Thoughts on discovery practice

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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...
Sunday, April 27, 2014

Dramatization of the deposition about the definition of a photocopier

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A few years ago, I posted a link to an article describing the deposition discussion regarding the definition of a photocopier.  Today, the ...
Friday, April 25, 2014

More criticism of the political ad in South Carolina

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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...

South Carolina Supreme Court finds LegalZoom is not engaged in unauthorized practice of law

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

How NOT to practice law: don't tell the court that the case has settled

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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...

Republican Governors Association launches campaign against political candidate based on the fact the candidate is a lawyer

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The Republican Governors Association has launched an ad campaign in support of the reelection of Gov. Nikki Haley that should be of concern ...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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