Professional Responsibility Blog

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

Wednesday, September 21, 2016

NYC Bar Ethics Committee issues opinion holding that prosecutors’ duty to disclose is broader than the duty imposed by Brady v Maryland

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As you probably know, there are differences of opinion as to whether the duty to disclose information imposed on prosecutors by ABA Model Ru...
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Tuesday, September 20, 2016

Ohio Supreme Court adopts amendment to allow lawyers to advise clients in legal marijuana business

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Just about a month ago, I reported that the Ohio board that oversees attorney conduct decided that attorneys aren’t allowed to help someon...
Saturday, September 17, 2016

Ohio Supreme Court issues divided opinion on whether disciplinary counsel can bring charges against an attorney after another disciplinary agency had already decided not to do so -- UPDATED

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Ohio has two parallel disciplinary mechanisms:  the certified grievance committees of local bar associations and the state disciplinary co...
Friday, September 16, 2016

Comment on whether attorneys should be forced to provide pro bono services

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Last July, Professor Ron Rotunda wrote a column in Verdict arguing that the government should not force lawyers to perform pro bono service...

Zeekbeek: a new way to find a lawyer online

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There is a new way to find a lawyer online in Michigan (and soon in other midwest states).  Using data from the State Bar of Michigan, Zeek...
Saturday, September 10, 2016

Can an attorney disclose very old confidential information because of its historical value? -- UPDATED

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September 10, 2016 If you used the textbook by Prof. Stephen Gillers in your Professional Responsibility course (as a student or professor...
Tuesday, September 6, 2016

California Governor vetoes bill that would have imposed mandatory pro bono for newly admitted lawyers

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Citing the fact that many law graduates are facing high debt, California Gov. Jerry Brown has vetoed a bill that would have required recent...
Saturday, September 3, 2016

Florida Bar appears to be going forward with proposal to amend the Rules of Professional Conduct in spite of finding that the proposal is most likely unconstitutional

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Back in 2015, in a case called Searcy v Florida Bar , a Federal District Court Judge enjoined the Florida Bar from enforcing a rule prohib...
Saturday, August 27, 2016

Judge declares mistrial in civil case because defendant's counsel made inappropriate comment in front of the jury

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Over the years, I have commented on many cases where courts reverse criminal convictions due to inappropriate comments by overzealous prosec...

California opinion reaffirms traditional view on the extent of the duty of confidentiality

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Back in July, 2015 I reported that the State Bar of California Standing Committee on Professional Responsibility had issued an "interi...

Short comment on new study regarding access to legal representation

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Lawyerist has posted a short note on a new study that concludes that in nearly 70% of all civil cases only one of the parties is represente...
Friday, August 26, 2016

Should a law firm be allowed to bill a client for work performed by an unpaid intern? -- UPDATED

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Suppose a law firm hires a student as a law clerk and the student does some work for one of the lawyers.  The lawyer would be allowed to bil...

The argument in favor of mandatory pro-bono

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Verdict has just published a column making a case for mandatory pro-bono.  You can read it here .
Tuesday, August 23, 2016

Harvard Law School professor Laurence Tribe is heavily criticized for tweet that shows he may not understand confidentiality or privilege

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I am late to post on this story about something that happened last week and which has received a lot of attention already, so I will keep it...
Thursday, August 18, 2016

Ohio board holds attorneys can't advise clients on marijuana business -- UPDATE: Ohio Supreme Court reacts by asking for an amendment to the rules

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The last ABA national conference on professional liability featured a panel on ethical issues related to representing clients involved in th...
Wednesday, August 17, 2016

Court of Appeals for the 9th Circuit holds Fedral Government can't prosecute people who comply with state marijuana laws

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A few days ago I reported that the Ohio board that oversees attorney conduct decided last week that attorneys aren’t allowed to help someo...
Tuesday, August 16, 2016

ABA announces plan to create Center for Innovation

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A few days ago I reviewed the final report of the ABA Commission on the Future of Legal Services ( see here ) and pointed out that one of it...
Monday, August 15, 2016

Another comment on the newly adopted amendment to Model Rule 8.4

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A few days ago I wrote about my concern that the newly adopted amendment to Model Rule 8.4 can be used to impose sanctions for what is other...

Legal Zoom founder comments on the report of the ABA Commission on the Future of Legal Services -- UPDATED

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A few days ago I posted my review of the final report of the ABA Commission on the Future of the Legal Services.  In case you missed it, you...

Comment on the law of lawyering for clients in the marijuana business

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A few days ago I reported that the Ohio board that oversees attorney conduct decided last week that attorneys aren’t allowed to help someo...
Saturday, August 13, 2016

US Patent & Trademark Office Director issues important decision

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IPethics & INsights is reporting that on August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’...
Friday, August 12, 2016

South Carolina ethics advisory opinion finds that participating in programs like Avvo Legal Services is unethical

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South Carolina's Ethics Advisory Committee has issued an opinion holding that participating in a program like Avvo's Legal Services ...
Thursday, August 11, 2016

ABA Commission on Future of Legal Services issues its final report; I am not particularly impressed -- UPDATED

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Back in 2014, the American Bar Association created a Commission on the Future of Legal Services and charged it with the task of studying how...
Tuesday, August 9, 2016

ABA adopts amendment to Model Rule 8.4; is it unconstitutional?

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Back in January I wrote a long post on a proposal to amend Model Rule 8.4 to make it a sanctionable offense to engage in harassment or disc...

Parents of two Americans killed in Benghazi sue Hillary Clinton for wrongful death; should attorney be sanctioned for filing frivolous lawsuit?

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NPR is reporting that the parents of two Americans killed in Benghazi, Libya, are suing Hillary Clinton for wrongful death, alleging the 2...

ABA approves resolution urging recognition of evidentiary privilege to cover communications between prospective clients and lawyer referral services

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The ABA House of Delegates just adopted a Resolution , which urges courts and legislatures to adopt rules or enact statutes that would est...
Monday, August 1, 2016

Florida adopts amendments to rules that may make it improper for lawyers to participate in Avvo Legal Services and other similar "matching" sites

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Original post (July 11, 2016); Update below: I recently posted a note on a recent opinion in Ohio which essentially concludes it is uneth...
Saturday, July 30, 2016

DC's strange concept of moral turpitude -- UPDATED

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In Washington DC, disbarment is mandatory for convictions of crimes that involve moral turpitude, yet I continue to be baffled by Washington...
Tuesday, July 26, 2016

South Carolina opinion finds lawyer can wait until litigation is over to report misconduct under rule 8.3

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The South Carolina bar's ethics committee has issued an opinion (S.C. Bar Ethics Advisory Comm., Op. 16-04, 7/18/16) holding that a law...
Thursday, July 21, 2016

Washington State Supreme Court holds plaintiff has to show actual innocence in malpractice claim against former criminal defense lawyer

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Back in February I reported ( here ) that the two most recent decisions on whether a convicted criminal defendant had to prove actual innoce...
Tuesday, July 12, 2016

What Can Johnny Manziel Teach Lawyers About Ethics?

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What Can Johnny Manziel Teach Lawyers About Ethics? Go here for the first installment of this multi-part column at IPethics & INsights.
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...
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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 ...
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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 ...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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