Professional Responsibility Blog

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

Sunday, February 25, 2018

3M settles case filed by state of Minnesota

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3M has agreed to pay $850 million to settle a long-standing lawsuit filed by Minnesota, over the company’s disposal of perfluorochemicals us...
Saturday, February 24, 2018

Legal Talk Network: Podcast on Limited License Legal Technicians

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Long time readers of this blog will remember the debate on whether non lawyers should be licensed to provide limited legal services and how ...

Comments on proposed changes to the ABA rules on advertising

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As you know, the ABA is considering a series of changes to some of its rules related to advertising.  As I have commented before, the chang...

Comment on ABA Opinion on whether a judge can independently research adjudicative facts on the internet

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Professional Responsibility: A Contemporary Approach has published a short comment on the ABA's Formal Opinion 478 on the restrictions i...
Sunday, February 18, 2018

Trump's budget proposal would eliiminate all funding for the largest single funder of civil legal aid for low-income people

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At a time when the legal profession continues to debate how to best provide access to legal services for those who can't afford it, the ...
Monday, February 5, 2018

Update on the Florida case challenging the notion of unathorized practice of law (and maybe the state's authority to regulate the practice of law)

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Last month I posted that one of the important stories to watch in 2018 was going to be an $11 million antitrust lawsuit against the Florida...
Saturday, February 3, 2018

Short summary of the ABA proposed changes to advertising rules (and some questions left unanswered)

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Over at The Law for Lawyers Today, Karen Rubin has posted a short but informative comment on the ABA proposed changes to the Model Rules on ...
Tuesday, January 30, 2018

Reminder: You can comment on the ABA's proposed amendments to rules regarding advertising

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The Standing Committee on Ethics and Professional Responsibility has released a Working Draft of proposed amendments to the ABA Model Rules...
Monday, January 29, 2018

9th Circuit finds juvenile facing deportation has no right to free lawyer

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The ABA Journal is reporting that a federal appeals court ruled today that a minor has no right to a court-appointed lawyer in immigration p...
Friday, January 26, 2018

US Supreme Court hears oral argument in McCoy v Louisiana; Justice Sotomayor compares it to an ethics class in law school -- UPDATED

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Back in October I wrote a comment on McCoy v. Louisiana , a case before the US Supreme Court in which a Louisiana death row inmate is argui...
Wednesday, January 24, 2018

Why has the legal system failed to keep pace with technology?

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If you think that the legal system failed to keep pace with technology, you may wonder why that is the case.  Robert Ambrogi, who writes and...

High profile case dismissed because of prosecutorial misconduct

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Earlier this month I heard that the court dismissed the case against rancher Cliven Bundy, two of his sons and a militia commander from Mont...

May Judges be "Facebook friends" with lawyers? Should Judges be allowed to preside over cases litigated by the judge's "Facebook friends"?

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Because two of the state’s appellate districts took opposing views on the issue, the Florida Supreme Court has agreed to decide whether a ju...
Monday, January 15, 2018

Article on unauthorized practice of law and the possibility of providing access to legal services by recognizing limited legal technicians

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Long time readers of this blog are familiar with the on-going debates on whether non lawyers should be allowed to provide some types of lega...
Thursday, January 11, 2018

Avvo is acquired by Legal Brands, a company that already owns a series of law related websites -- UPDATED

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Breaking news:  Avvo has been acquired by Internet Brands which already owns legal sites Nolo, Martindale-Hubbell, Ngage and Total Attorney...
Wednesday, January 10, 2018

Vermont adopts rule regulating sexual relations with clients

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Ethical Grounds is reporting that the Vermont Supreme Court recently adopted a version of Model Rule 1.8(j) which regulates sexual relatio...

Florida Supreme Court adopts changes to the Rules

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The Legal Profession Blog is reporting that the Florida Supreme Court has adopted some significant changes to its procedural and substantive...

Stories to look out for in 2018

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The Law For Lawyers Today has a short post on a few of the top stories to watch out for in 2018 and a couple of them are things I have been...
1 comment:
Wednesday, January 3, 2018

Nevada retracts its petition to adopt Model Rule 8.4(g)

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In my most recent post , I wrote that the Tennessee Bar Association has asked the state's supreme court to adopt an amended version of A...
Sunday, December 31, 2017

Tennessee Bar Association asks State Supreme Court to adopt Model Rule 8.4(g)

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One of the top Professional Responsibility stories of 2016 was the ABA's decision to amend Model Rule 8.4 to add that under certain circ...
1 comment:

ABA issues new ethics opinion on the duty not to use confidential information related to former client; OK, but ...

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Two weeks ago, the ABA Standing Committee on Ethics and Professional Responsibility issued a short opinion on the meaning of the phrase ...

Complaint filed against Legal Zoom alleges unauthorized practice of law

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A California law firm recently filed a lawsuit in federal court against LegalZoom arguing that LegalZoom is engaging in unauthorized practic...
Friday, December 29, 2017

Georgia issues opinion on conflict of interest when serving as attorney for a minor and guardian ad litem at the same time

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Back in 2010 I posted a comment criticizing the practice of appointing attorneys for juveniles in delinquency proceedings to serve simultan...

ABA to discuss proposed amendments to the rules on advertising and solicitation -- UPDATED

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The Association of Professional Responsibility Lawyers (APRL) (of which I am a member) has for some time now suggested multiple changes to t...

Another court abandons the "appearance of impropriety" test to evaluate misconduct

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A few years ago, there were a number of cases reported in which courts explicitly abandoned the practice of imposing discipline based on the...

Illinois Supreme Court decides People v Cole, holding the Public Defender's office is not a "firm" for purposes of conflicts of interest

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Back in September I wrote about a case before the Illinois Supreme Court called People v Cole in which the Public Defender refused to repres...
Thursday, December 28, 2017

Florida Bar’s Board of Governors finds that AVVO Advisor is a for-profit lawyer referral service and must comply with Bar Rules

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The Lawyer Ethics Alerts Blog is reporting that Florida Bar’s Board of Governors has found that AVVO Advisor is a for-profit lawyer referral...

Florida Bar podcast on advertising

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Florida is one of the more aggressive states when it comes to regulating advertising.  In this episode of The Florida Bar Podcast, hosts Chr...
Friday, December 15, 2017

Recent case is good reminder of details on advertising regulation, and also on debate on whether we need them

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A month ago, the Legal Profession blog reported on a recent case in South Carolina in which the court discussed some of the details that a...
Saturday, December 9, 2017

ABA new ethics opinion on whether judges can search the internet for facts related to a case over which they are presiding -- UPDATED

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The ABA Standing Committee on Ethics and Professional Responsibility has issued a new opinion addressing whether a judge can conduct online ...
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:
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Professor Alberto Bernabe
UIC School of Law, Chicago
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