Professional Responsibility Blog

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

Thursday, June 30, 2016

New proposed California rules are now ready for comment

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Long time readers of this blog know that I have been following the process of revision of the rules in California.  See here and here , for...
Monday, June 27, 2016

North Carolina legislature amends definition of practice of law as part of agreement with Legal Zoom

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Last December I reported that the North Carolina Bar and Legal Zoom reached a consent agreement which suspended the litigation between them...
Sunday, June 26, 2016

Is there a duty to disclose to client that co-counsel has committed a significant error?

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What should you do when you are co-counsel on a case or in a deal, and you become aware that the other lawyer has made an error?  A new eth...
Sunday, June 19, 2016

Attention Ohio Lawyers: PR Board finds participating in programs like Avvo Legal Services is likely unethical

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Just a few weeks ago the Professional Responsibility Board of the Supreme Court of Ohio issued an advisory opinion on whether it is ethical ...
Saturday, June 11, 2016

Judge in trial of police officer charged with murder in the death of Freddie Gray rules that prosecutors withheld exculpatory evidence

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According to a story in ABC news, available here , the judge overseeing the trial of a police officer charged with murder in the death of F...

New York State Bar ethics opinion addresses ethics issues when a lawyer copies a client with communications to opposing counsel

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A recent New York State Bar Association Ethics Opinion (available here ) addresses whether a lawyer must obtain the consent of opposing coun...

New York Times editorial board calls for federal government oversight over DA offices that violate defendants' rights

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In a recent Op-ed piece, the NY Times is arguing that because prosecutors are almost never held accountable for misconduct, even when it res...
Friday, May 27, 2016

Illinois Appelate court on whether there is a duty to disclose death of client during settlement negotiations -- UPDATED, again

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Back in February, 2015 I posted a story about an Illinois appellate court's opinion on whether an attorney has a duty to disclose the de...
1 comment:

New Podcasts

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The Legal Talk Network has just posted a bunch of new podcasts, most of them related to "technology" and innovation.  Here is a li...
Tuesday, May 24, 2016

Prosecutors Coercing Defendants to Contribute to the Prosecutor’s Favorite Charities

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Ron Rotunda's most recent column at Verdict   is about prosecutors who force defendants to contribute to charity. His conclusion:  ...
Monday, May 23, 2016

Puerto Rico adopts statute of limitations for disciplinary proceedings

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About two weeks ago, the Governor of Puerto Rico signed into law a bill that creates a 3 year statute of limitations for disciplinary proce...
Wednesday, May 11, 2016

Two days ago I lamented the lack of action against prosecutors who present false testimony; here is an example of the opposite

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A couple of days ago, I commented on a news story about possible perjury by prosecutors’ witnesses and complained about the lack of action ...
1 comment:
Monday, May 9, 2016

ABA Journal on perjury by prosecutors' witnesses, but no comment on the conduct of the prosecutors -- UPDATED

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The ABA Journal has a story today on how courts are not doing much about a little kept secret in Chicago courts:  that police officers some...
Saturday, May 7, 2016

Ohio's Board on Professional Conduct issues opinion on duty to report misconduct, which is different under Ohio rules

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Back in February I wrote a comment on the first ethics opinion of the year by the Ohio Board on Professional Conduct in which I argued the ...
Thursday, April 28, 2016

Podcast: interview with Legal Zoom

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Last year I posted a link to a podcast on LegalZoom with its CEO, John Suh (see here ).  The Legal Talk Network has a new one here .  You ca...

ABA issues new ethics opinion on splitting fees under Model Rule 1.5(e)

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EThe Standing Committee on Ethics and Professional Responsibility of the ABA recently issued a new ethics opinion reviewing the details on s...
Wednesday, April 27, 2016

I just posted a short article on SSRN on Indiana's opinion regarding confidentiality and reporting child abuse

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Last year, the Ethics Committee of the Indiana Bar Association issued an opinion on whether an attorney has to comply with the state's m...
Tuesday, April 12, 2016

Alcoholics and the Profession of Law

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Professor Ronald Rotunda's most recent column is available here .
Saturday, April 9, 2016

Is it ethical for a firm to pay Uber to provide transportation for clients

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Over at My Shingle (a blog I recommend, by the way), Carolyn Elefant discusses whether it is ethical for a law firm to pay a client's t...

Avvo now offers free legal forms

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A few days ago, Avvo announced it has started yet another new law practice related service:  Avvo Legal Forms , which offers free legal form...
Thursday, March 31, 2016

Supreme Court decides Luis v United States, upholding right to attorney of choice -- UPDATED

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Today the US Supreme Court announced its decision in an important case involving the right to an attorney.  As explained in a story in Slate...
Monday, March 28, 2016

Another podcast on artificial inteligence and the practice of law

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Back in August of last year, I posted a podcast on artificial intelligence and the practice of law (see here ).  My intro was as follows:  ...

Ron Rotunda on judges who impose unusual punishment

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A few years ago, I commented on judges who impose sentencing by creating their own type of punishment, like public shaming, or ordering some...
Saturday, March 26, 2016

I recently wrote a short essay on flat fees; here is the link

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Last month, the Board of Professional Conduct of the Ohio Supreme Court released an advisory ethics opinion discussing the propriety of fla...
Friday, March 18, 2016

Podcast on technology and competence

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There has been a lot of discussion on whether lawyers meet their duty of competence when it comes to "technology."  For some of my...
Sunday, March 13, 2016

Federal District Judge enjoins Florida Bar from enforcing rule prohibiting truthful claims of expertise -- UPDATED

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(You may remember this story from October 2015; skip to the bottom for the latest update.) I have often criticized jurisdictions that impo...
Tuesday, March 8, 2016

Supreme Court orders new trial for death-row inmate because of prosecution failure to disclose evidence

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The U.S. Supreme Court has ruled in a summary disposition that a death-row inmate’s due-process rights were violated when the prosecution fa...
Sunday, February 28, 2016

Ohio Board of Professional Conduct issues opinion on flat fees

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Over the past couple of years many jurisdictions have issued opinions on whether flat fees can be non-refundable and the result of these opi...
Monday, February 22, 2016

ABA issues new ethics opinion on what to do when lawyers received a subpoena for client's documents

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 The ABA Standing Committee on Ethics and Professional Responsibility recently issued a new opinion which provides some guidance to lawyers ...
Sunday, February 21, 2016

ABA abandons its partnership with Rocket Lawyer!

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Lawyerist and The American Lawyer are reporting that the ABA has abandoned its partnership with Rocket Lawyer.  This is an embarrassing tur...

Is an attorney's LinkedIn profile an advertisement?

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Legal Ethics in Motion is reporting that the Association of the Bar of the City of New York Committee on Professional Ethics'  Formal ...
Sunday, February 14, 2016

Iowa Supreme Court rejects notion that malpractice plaintiff has to show actual innocence in order to support claim against former criminal defense lawyer

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In a many jurisdictions, a convicted criminal defendant who wants to recover for malpractice against his or her former lawyer has to obtain ...
Friday, February 12, 2016

Another comment on lack of accountability for prosecutorial misconduct

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Long time readers of this blog know I often complain about the fact that courts do not seem to take prosecutorial misconduct too seriously. ...
Wednesday, February 10, 2016

ABA Adopts Regulatory Objectives Resolution

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Back in December I reported that the ABA Commission on the Future of Legal Services had issued its final Resolution and Report on Regulator...

D.C. District Court Proposes New Rules on Prosecutors Disclosure Obligations

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The United States District Court for the District of Columbia has released a proposed rule which would codify the government’s discovery obl...

Avvo expands its Legal Services program to 18 states; Should attorneys be concerned? (part 2)

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A few days ago, I posted a long comment expressing my concern over the new Avvo Legal Services, which it describes as an online legal serv...
Monday, February 8, 2016

Is it ethical to finance your law practice through "crowdfunding"? Opinions from New York and now Philadelphia address the issue -- UPDATED

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I am updating this story with a new note (with links) about a recent opinion from Philadelphia at the end .   Back in March of last year I...
Thursday, January 28, 2016

Does the requirement of a "certificate of merit" in a malpractice case apply to a claim under a different theory of liability?

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Some states require an “affidavit of merit” in order for a plaintiff to bring a malpractice claim.  The blog Professional Liability Matters...
Wednesday, January 27, 2016

California Bar Ethics Committee issues opinion on acceptable "puffing" during negotiations

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The California Bar's Ethics Committee recently issued an opinion on whether an attorney negotiating for a client can engage in some form...
Monday, January 25, 2016

Avvo joins the legal market; now offers legal services through network of attorneys; should attorneys be concerned?

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Avvo, the somewhat controversial ( here and here ) online rating company, has evolved into what it calls an online legal services marketpla...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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