Professional Responsibility Blog

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

Wednesday, May 9, 2018

More on the question of accepting fees in Bitcoin

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After I posted a link to a story on whether attorneys can accept payment for fees in Bitcoin last night, I vaguely remembered I had seen an ...
Tuesday, May 8, 2018

Tennessee Formal Opinion finds that prosecutors' ethical duty to disclose evidence to the defendant is broader than duty under Brady v. Maryland -- UPDATED

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As I have discussed before, some cases or ethics opinions have found that the ethical duty to disclose exculpatory evidence is broader than ...

How not to practice law: lie to judge about family emergency after Instagram posts show you were on vacation

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Here is the latest installment in our running list of dumb things lawyers do.  In today's tale, the lawyer claimed to have missed a dead...

Can a lawyer accept Bitcoin as payment for legal fees?

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Over at Ethical Grounds, Michael Kennedy discusses Nebraska’s Lawyers Advisory Committee's  Ethics Advisory Opinion 17-03, which appear...

North Carolina considering mandating CLE on technology

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Back in 2016, I reported ( here ) that Florida became the first state to mandate technology training for lawyers by adopting a rule that req...
Tuesday, May 1, 2018

Maine is considering revising Rule 1.10 to allow for screening as a solution to imputed conflicts of interest

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The Maine Supreme Court is seeking comments on a proposal to revise Rule 1.10 to allow for screening as a solution to imputed conflicts of i...

New ABA Center for Innovation project will connect legal aid providers with free legal tech

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Article here .

Tennessee formally rejects Model Rule 8.4(g) on conduct (and speech)

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A little over a week ago, the Tennessee Supreme Court issued a one page order formally rejecting a proposal to adopt ABA Model Rule 8.4(g)....

Lessons on confidentiality and privilege

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Faughnan on Ethics discusses seven lessons learned on confidentiality and privilege out of the "client number three" revelation i...
1 comment:

Should legal technicians be allowed to represent clients in courtrooms

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A few years ago, Washington state made news by approving a program to recognize licensed limited legal technicians (LLLTs) who would be all...

Somebody please ...

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Trump keeps tweeting about the "special council" !  Please, somebody tell him the word is counsel.  Didn't someone say he was ...
Thursday, April 19, 2018

Confidentiality and privilege review - the Hannity and Trump edition

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Over at Faughnan on Ethics, Brian Faughnan has published a short but very accurate review of the basics regarding confidentiality and privil...
Sunday, April 15, 2018

Iowa Supreme Court finds that proof of exoneration is not necessarily required for a convicted defendant to sue for legal malpractice -- UPDATED

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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 ...
Saturday, April 14, 2018

Article on the lack of accountability of prosecutors for misconduct and what can be done about it

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I have written often about prosecutorial misconduct and how rare it is to see accountability on the part of prosecutors who engage in it.  (...
Monday, April 9, 2018

Indiana Supreme Court Disciplinary Commission announces it will begin to publish advisory opinions; and uses first opinion to find that participating in Avvo creates the risk of violating the rules

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The Indiana Supreme Court announced today that it will begin offering ethical guidance to Indiana lawyers and judges via the Supreme Court’s...
Wednesday, April 4, 2018

The ethics of switching firms

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This is an important topic since the vast majority of lawyers will not end their careers in the same firm they start it.  Here is a recent s...
Saturday, March 31, 2018

Alaska warns about using "cc" an "bcc" when using e-mail.

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A recent ethics opinion issued in Alaska concludes that it is not necessarily unethical for attorneys to carbon-copy or blind-copy clients i...

Podcast: Ethical misadventures in E-discovery

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The Legal Talk Network has posted a new podcast on ethical issues related to e-discovery.  You can listen to it by clicking on the play butt...

Illinois State Bar Association issues opinion holding it is unethical to use email tracking software.

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A recent Professional Conduct Advisory Opinion from the Illinois State Bar Association ( Opinion No. 18-01 , January 2018) joined at least t...
Tuesday, March 27, 2018

Prosecutors investigate firms that offer to pay cash to plaintiffs

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According to a story in the New York Times, published March 19, federal prosecutors are investigating finance companies that provide cash a...
Monday, March 26, 2018

Omnibus spending bill includes increase in funding for the Legal Services Corp.

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Last month, I reported that Trump's budget proposal would eliminate all funding for the Legal Services Corp, the largest single funder ...

ABA Ethics Opinion on confidentiality draws criticism

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Back in December I wrote about ABA Standing Committee on Ethics and Professional Responsibility Ethics Opinion No. 479 ( here ) which discu...

Florida amends rules regarding lawyer referrals to include online for-profit services

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Earlier this month the Florida Supreme Court amended the state’s lawyer referral rules to include for-profit “matching” sites and lawyer dir...
Friday, March 23, 2018

How not to practice law: show up to court with a .337 blood alcohol level

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Yesterday I read a story about a man who was arrested for driving under the influence with a .316 alcohol level, when the legal limit is .0...
Thursday, March 22, 2018

Podcast: Ethically problematic marketing

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Lawyerist and The Legal Talk Network has posted a podcast on ethically problematic marketing strategies. You can listen to it by clicking on...
Wednesday, March 21, 2018

Florida adopts new rules related to referral services

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The Florida Supreme Court has adopted new rules regarding lawyer referral services concluding that the amendments "are necessary to ens...
Sunday, March 4, 2018

Office Depot now offers legal services..... Or does it?

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A few weeks ago I was alerted that Office Depot had begun to advertise a new legal services plan.  You can find the announcement here .  I c...

Five questions on technology competence

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As you probably know, more than half the states have adopted the ABA Model Rules' suggestion that lawyers must be knowledgeable about ...

Article on using digital assistants in the practice of law

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Here is an interesting article on the use of digital assistants like Amazon's Alexa, Microsoft's Cortana and Google Voice in the pr...

How not to practice law: several updates

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Here are a few new entries to the ongoing series "how not to practice law." An attorney in Colorado got a three year suspension ...
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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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