Professional Responsibility Blog

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

Wednesday, November 29, 2017

Court of Appeals for the Fourth Circuit comments on repeated misconduct ouf of prosecutors office in Virginia

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The ABA/BNA Lawyers' Manual on Professional Responsibility is reporting today on a recent case in which the court wrote “We have repeate...
Saturday, November 25, 2017

ABA files amicus brief arguing that conceding guilt over client's objection constitutes ineffective assistance of counsel

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A couple of weeks ago, I posted a comment on McCoy v. Louisiana , a case before the U.S. Supreme Court in which a Louisiana death row inma...
Tuesday, November 21, 2017

Philadelphia law firms files complaint against out of town firm arguing false advertising and unfair competition

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If you watch any TV, you have seen commercials of firms announcing they are available to represent client suffering from any number of inju...

How not to practice law: when representing one of the most high profile people in the nation, write incoherent letters with grammatical mistakes, go on TV and make dumb comments, hold bad press conferences and more

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Unless you have been hiding in a cave for the last few weeks, you are now familiar with Roy Moore: the twice removed from the bench former j...

Podcast: On being a Limited License Legal Technician in Washington State

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In an effort to provide better access to legal services, back in 2012 Washington became the first state to adopt rules to allow (and to reg...
Sunday, November 19, 2017

In case you missed it: reminder that a lawyer's conduct outside the practice of law can have consequences

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We all learned in law school that the regulation of  the profession is not really limited to practice of the profession.  And we all know th...

New York Times article on whether defense lawyers should be allowed to contribute to the campaigns of District Attorneys

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You may have heard recent accounts of negotiations between lawyer Marc E. Kasowitz, a lawyer for the Trump family and the Manhattan District...

Court of Appeals rejects appeal by lawyer who had been ordered to pay $4.2 million as sanction for sending unsolicited faxes to potential clients

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In Shapero v. Kentucky Bar Association , 486 U.S. 466 (1988), the Supreme Court held that a state can not ban a lawyer from sending targeted...

New York adopts new rule requiring judges to remind prosecutors to comply with duty to disclose exculpatory evidence

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In response to the efforts of a task force convened by the state’s chief judge to address the causes of wrongful convictions in New York, be...

7th Circuit refuses to reverse a conviction even though the prosecutor did not comply with duty of candor to disclose perjured testimony

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    Applying the principle that a federal court of appeals can not reverse a conviction unless the defendant shows that the lower state cour...
Tuesday, November 7, 2017

Bitcoin and the Legal Ethics of Lawyers

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"Bitcoin and the Legal Ethics of Lawyers," Prof. Ron Rotunda's most recent column, is now available here .

ACLU sues Nevada alleging constitutionally inadequate indigent defense system

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The ACLU of Nevada has sued the state, alleging that indigent defense in rural counties is so inadequate—and so poorly overseen by state a...
Sunday, November 5, 2017

Justice Department asks Supreme Court to consider discipline for ACLU lawyers in abortion case

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You have probably read or heard about the story of the 17 year old detainee who was seeking to get an abortion while in custody.  After the ...

Virginia might soon become the next state to hold participating in Avvo Legal Services is unethical

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Readers of this blog know that I have written extensively on the issues related to Avvo Legal Services.  You can go here and scroll down to...

California finally adopts professional responsibility rule requiring prosecutors to disclose exculpatory evidence

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A few days ago I reported that the Louisiana Supreme Court recently held that the duty to disclose exculpatory evidence in Rule 3.8(d) is n...
Saturday, October 28, 2017

Video on ethical issues related to the use of social media

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Law Technology Today has posted a short video discussing a number of ethical issues related to the use of social media, including the dange...

Louisiana continues to make bad law regarding duty to disclose exculpatory evidence

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As you probably know already, Louisiana has a long (and on might say troubling) history as it relates to the duty of disclosing exculpatory ...

FL supreme court asked to decide whether lawyers and judges can be Facebook friends

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Last summer, the Third District Florida court of appeals affirmed an order refusing to disqualify a judge who was Facebook friends with one...
Wednesday, October 25, 2017

Court imposes $9 million sanction on two firms for filing frivolous lawsuits

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Just as my students and I are about to start discussing ethical issues related to litigation, including the rules related to filing frivolou...
Saturday, October 21, 2017

How not to practice law -- UPDATED

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It has been a while since I posted a story to the running "How not to practice law" series, so here are two new ones. How not t...
Thursday, October 19, 2017

Utah State Bar has issued yet another ethics opinion stating that participating in Avvo Legal Services would be unethical

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As long time readers of this blog know, I have been following the developments related to Avvo Legal Services for a while.  You can read all...
Monday, October 16, 2017

"My computer ate my homework" is not a good excuse -- UPDATED

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As readers of this blog know, the Model Rules of Professional Responsibility and now more than half the states, consider part of the duty of...
Friday, October 13, 2017

US Supreme Court grants cert to decide whether it is ineffective assistance of counsel to concede client's guilt over client's objection -- UPDATED

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The U.S. Supreme Court has granted review in McCoy v. Louisiana in which a Louisiana death row inmate is arguing ineffective assistance of...
1 comment:
Wednesday, October 4, 2017

Quick review of the duty of confidentiality

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The news that some of Trump's attorneys inadvertently disclosed some confidential information raised issues as to whether the conduct co...
Sunday, September 24, 2017

Illinois Supreme Court hears oral argument on whether a Public Defender should be held in contempt for refusing to represent a defendant when doing so would result in a confict of interest

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About two weeks ago, the Illinois Supreme Court heard oral arguments in a very interesting case that started last year when a trial judge ap...
1 comment:
Monday, September 18, 2017

ACLU files lawsuit to block customs and border searches of electronic devices

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Last week I reported that the New York City Bar Association  issued an ethics opinion holding that lawyers must take reasonable precautions...
Sunday, September 17, 2017

How do we (or should we) define "the practice of law"?

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How we define "the practice of law" has been a difficult question for a long time.  At one point, the ABA created a task force to ...
Monday, September 11, 2017

Duty of confidentiality at the border

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Given a number of recent reports that people's phones are being "searched" by customs officials when entering the US or other ...
Saturday, September 9, 2017

How not to practice law: videotape co-worker while she is undressing in the office

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It has been a while since I have posted an entry into the " How not to practice law " series, a series of posts about incredibly s...
Sunday, September 3, 2017

California opinion on the "insurance triangle"

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Back in April, the Los Angeles County Bar Association issued an ethics opinion on whether a lawyer hired by an insurance company to represen...
Friday, August 18, 2017

Florida Bar to consider whether it is ethical to participate in Avvo Legal Services

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A few days ago, I reported that the NY state bar association issued an opinion holding it would be unethical to participate in Avvo Legal Se...
Wednesday, August 9, 2017

NY State Bar Association issues opinion holding participating in Avvo Legal Services is unethical

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The New York State Bar Association’s Committee on Professional Ethics has issued a new opinion holding that participating in Avvo Legal Serv...
Monday, July 31, 2017

Florida seeks comments on proposed opinion on whether to allow sharing of fees with firms that allow sharing of fees with non-lawyers

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The Florida bar is likely to adopt an ethics opinion that would make it easier for Florida lawyers to enter into co-...
Sunday, July 23, 2017

Avvo responds to NJ Opinion

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Last month I reported ( here ) that three committees of the New Jersey Supreme Court issued a joint opinion concluding that it would be unet...
Thursday, June 29, 2017

Three committees of the New Jersey Supreme Court issue opinion holding that it is unethical to participate in Avvo Legal Services; also affects Legal Zoom and Rocket Lawyer but for different reasons

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The Advisory Committee on Professional Ethics, the Committee on Attorney Advertising, and the Committee on the Unauthorized Practice of Law ...
Sunday, June 18, 2017

Professional Responsibility Committee of the California Bar issues opinion on whether a blog should be subject to advertising rules

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The Standing Committee on Professional Responsibility of the State Bar of California recently issued an advisory opinion on whether “bloggin...

Nevada may become the first jurisdiction to adopt controversial ABA Model Rule 8.4(g)

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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 di...

Virginia Supreme Court makes revisions to lawyer advertising rules which streamline the rules and reduce their number

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Back in May I reported that the Virginia Supreme Court announced it was going to adopt new lawyer advertising rules.  See here .  The new ru...
Saturday, June 10, 2017

Illinois decision provides good test for discussion of Constitutionality of new ABA Rule 8.4(g) -- UPDATED

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As I am sure you know by now, the ABA recently approved an amendment to Model Rule 8.4 to make it misconduct to use discriminatory or biased...
Sunday, June 4, 2017

Magistrate imposes sanctions on lawyer for making too many improper objections during deposition -- UPDATED

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I have often complained that judges don't do enough to discourage misconduct by lawyers during discovery in civil trials, which I think ...
Tuesday, May 23, 2017

New ABA Ethics Opinion on duties related to the use of modern technology -- UPDATED

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The ABA Standing Committee on Ethics and Professional Responsibility recently issued Formal Ethics Opinion 477, which updates Formal Ethics ...
Saturday, May 20, 2017

Florida Supreme Court adopts new rules addressing collaborative law practice

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The Florida Supreme Court has adopted new rules addressing collaborative family law practice.  You can read the details here .
Wednesday, May 17, 2017

North Carolina is considering amending its rules to make it easier for lawyers to participate in Avvo Legal Services

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Long time readers of this blog know that I have been following and writing about the debates related to Avvo Legal Services for some time no...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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