Professional Responsibility Blog

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

Sunday, May 3, 2020

Utah Supreme Court proposes important regulatory reforms

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I often tell my students that by the time they graduate and pass the bar the regulation of the profession might be different than what we co...
Saturday, May 2, 2020

Ethics Training with Kim Wexler (of Better Call Saul) -- UPDATED

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Many of you know the TV show "Better Call Saul," now in its fifth season.  (If you don't go here first, then here .)  The sho...
Sunday, April 26, 2020

Ethics opinion on working from home (because of the pandemic) -- UPDATED

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The Pennsylvania Bar Association has issued an ethics opinion intended to provide guidance now and into the future on working from home and ...
Thursday, April 23, 2020

District court denies (partially) motion to dismiss in case against prosecutors for using fake subpoenas and threats to trick witnesses and victims into cooperating with investigations - UPDATED

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Long time readers of this blog know that I have reported on a number of cases documenting the misconduct of prosecutors in New Orleans.  (Se...
Thursday, April 9, 2020

More on the topic of the practice of law during the pandemic - UPDATE x2

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The original message and first update appear below.  TODAY'S UPDATE  (4/9/20):   Friend of the blog and Bar Counsel for Vermont, Micha...
Wednesday, April 8, 2020

Illinois Supreme Court Commission on Pretrial Practices Releases Final Report on Criminal Justice System

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The Illinois Supreme Court Commission on Pretrial Practices has released its final report concerning pretrial reform in the Illinois crimina...
Tuesday, April 7, 2020

What Are The Differences Between the ABA Model Rules and the Louisiana Rules?

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If you ever need to figure out the differences between the ABA Model Rules and the Louisiana Rules, here is a video that explains them.
Monday, April 6, 2020

Two courts uphold public defenders' ability to limit caseload

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The Legal Profession blog recently reported two different instances where courts in Wyoming and Massachusetts recognized that public defend...
Monday, March 30, 2020

Podcast: How to practice law remotely and efficiently during the COVID-19 crisis

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Here is a podcast on "How to practice law remotely and efficiently during the COVID-19 crisis" originally posted by the show Asked...

Lawyers behaving badly during crisis

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Yesterday I posted a link to advice on how to behave responsibly during the crisis.  Today I bring you two examples of the opposite. In t...
Sunday, March 29, 2020

Some thoughts on practicing reasonably during a public health crisis.

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Michael Kennedy, Vermont's bar counsel offers some quick and sound advice on practicing law reasonably during a public health crisis .

Does a plaintiff always need an expert in a malpractice case?

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Because the practice of law is considered to be a profession, and a profession is defined, among other things by the fact that it requires s...
Tuesday, March 24, 2020

New ABA Formal Opinion on Ethical Obligations of Judges in Collecting Legal Financial Obligations and Other Debts

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The ABA Standing Committee on Ethics and Professional Responsibility just released a new formal opinion (Formal Opinion 490) on the ethical ...

How not to (start the) practice of law -- UPDATED

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Original post: March 22, 2020 It has been a while since I posted a story to our running count of "how not to practice law" categ...
Sunday, March 22, 2020

Recent discipline case based on conflicts of interest

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I often tell my students that disqualification is a more common consequence to conflicts issues than discipline.  Yet, every now and then we...

Florida opinion on replying to negative online reviews

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A few weeks ago I wrote about an opinion from North Carolina on whether attorneys could (or should) reply to negative online reviews.  See h...
Saturday, March 21, 2020

Technology competence news: civil liability for incompetence involving technology; the need for technology competence during the coronavirus crisis

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Long time readers of this blog know I have posted many stories related to the notion of competence related to the use of "technology...
Friday, March 20, 2020

Civility and courtesy in times of crisis

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Statement by the Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee: In light of the unprecedented risk...
Tuesday, March 17, 2020

Most proposals for big changes in California delayed by the Board of Trustees of the California Bar

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A few days ago, the Board of Trustees of the California Bar delayed deciding (until May) on most of the proposals put forth by a legal tech ...
Tuesday, March 10, 2020

Florida proposal to allow paralegals to provide limited legal services

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Readers of this blog will remember the current discussion within a number of jurisdictions on whether to allow trained non-lawyers to provid...
Monday, March 9, 2020

Michael Flynn waives privilege

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Lawfare is reporting that Donald Trump’s former national security adviser Michael Flynn has waived attorney-client privilege, allowing pros...
Sunday, March 8, 2020

Discipline System Changes Proposed In Ohio

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The Ohio Supreme Court is asking for public comments on proposed amendments to address the process for investigating and prosecuting allegat...
Wednesday, March 4, 2020

Florida Supreme Court to hear oral arguments in case on whether company that provides help through an app is engaging in the practice of law

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Almost a year ago, I wrote about a couple of complaints filed in Florida that I argued could challenge the very notion of professional regul...
Tuesday, March 3, 2020

Georgia Supreme Court holds that a malpractice suit implies waiver of the attorney-client privilege with respect to third-party attorneys involved in the representation

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In a recent case summarized in the Legal Profession blog, the Georgia Supreme Court held that a malpractice suit implies waiver of the attor...
Monday, March 2, 2020

Illinois Supreme Court Commission on Professionalism launches free online CLE program on lawyer wellness

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I have written about the notion of " wellness " before, including about a report on the negative effects of the practice of law a...

North Carolina ethics opinion on whether lawyers can reply to negative online reviews -- UPDATED

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Original post 3/1/20 The North Carolina State Bar has issued a proposed ethics opinion on whether it is ethical for attorneys to reply to ...
Wednesday, February 26, 2020

Character and fitness question

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Assume that an adult man was convicted of 3 counts of attempting to have sex with girls under the age of 15.  Now, almost 20 years later, th...
Sunday, February 23, 2020

Illinois launches pilot pro bono program to help State Appellate Defenders Office

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The Illinois Supreme Court has launched a pro bono pilot program to reduce the backlog of criminal appeals in the state. During the six-mont...

ABA Journal article on malpractice claims against former criminal defense lawyers

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As you probably know, jurisdictions are divided on whether a convicted criminal defendant has to argue and prove actual innocence as a requi...
Wednesday, February 19, 2020

ABA adopts resolution urging states to reconsider certain aspects of the regulation of the profession after it is amended to eliminate reference to the possibility of non-lawyers participating as owners in law firms -- UPDATED

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A few days ago I reported on the opposition to a proposal by the the ABA’s Center for Innovation and four standing committees seeking to pro...
Sunday, February 16, 2020

Arizona joins other jurisdictions in recognizing limited legal technicians to provide some legal services

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The Innovation for Justice Program at the University of Arizona James E. Rogers College of Law, in partnership with the Arizona Supreme Cour...

Illinois considers regulation for private lawyer/client "matchmaking" services

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The Illinois Attorney Registration and Disciplinary Commission (ARDC) has adopted a proposal to amend a number of rules related to the pract...

ABA Amends Proposal on Access to Justice and Regulation of the Profession in Reaction to Opposition

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Last week I reported on the opposition to a proposal by the the ABA’s Center for Innovation and four standing committees seeking to advance ...
Tuesday, February 11, 2020

New opinion on when an attorney can speak directly to in house counsel when the entity for which in house counsel works is represented by another lawyer

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According to Model Rule 4.2, and its state equivalents, with a few exceptions, an attorney can’t communicate directly with someone the lawye...
Monday, February 10, 2020

Local efforts to address issues related to access to legal services

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Yesterday I wrote about the debate at a national level on proposals to change certain aspects of the regulation of the profession.  Today I ...
Sunday, February 9, 2020

Debate on regulation of the profession intensifies as we near ABA mid-year meeting

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Last November I reported that the ABA’s Center for Innovation and four standing committees adopted a resolution seeking to advance the disc...
Thursday, February 6, 2020

Short comment on the ongoing debate regarding the future of the profession, access to representation and regulation

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As I am sure you know, there is a strong ongoing debate related to possible changes to the regulation of the profession due to a growing con...
Wednesday, February 5, 2020

Podcast: Legal Ethics and Artificial Intelligence

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Here is the most recent "Digital Detectives" podcast in which the hosts discuss the landscape of AI in the legal space and what is...
Tuesday, February 4, 2020

New York's statute creating a commission on prosecutorial misconduct declared unconstitutional

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Long time readers of this blog know that I have posted many articles and comments on prosecutorial misconduct over the years, and some may r...
Monday, February 3, 2020

Tennessee adopts revision to the rules of disciplinary enforcement making disbarment permanent

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As you probably know, in the vast majority of jurisdictions disbarment is not permanent which means that disbarred lawyers can request for r...
Sunday, February 2, 2020

Recent news about the debate on qualified immunity: the Institute for Justice joins the fight

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As you know, the doctrine of qualified immunity recognizes a defense for certain government officials from liability for injuries caused by ...
Tuesday, January 28, 2020

Is it OK to deposit "lawyer money" into client trust account to prevent account from being closed for inactivity?

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On October 29, 2019, the New York State Bar Association Committee on Professional Ethics issued an advisory opinion, Opinion 1176, which add...
Monday, January 27, 2020

Podcast on legal issues related to the regulation of the profession

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In the most recent "Lawyer 2 Lawyer" podcast, podcast Professors Deborah L. Rhode and Scott Cummings talk about issues affecting t...
Sunday, January 26, 2020

Did one of Trump's lawyers lie to the Senate, and if so can he be disciplined for it?

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Did Trump’s lawyer Pat Cipollone lied to the Senate when he stated that Republicans weren’t allowed to participate in House depositions?  An...
Saturday, January 18, 2020

Florida Bar seeks comments on program to regulate online service providers

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Lawyer Ethics Alerts Blog is reporting that on December 12, 2019, The Florida Bar filed a petition with the Florida Supreme Court requesting...

Virginia ethics opinion on communicating with a person who is represented by counsel

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On January 9, 2020, the Supreme Court of Virginia approved a new formal ethics opinion to clarify the scope of Rule 4.2, which regulates the...
Friday, January 10, 2020

Need a new year's resolution? Check out these five ways to stay out of ethics trouble in 2020

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Over at The Law For Lawyers Today, Karen Rubin has some good advice for all lawyers.  Her post Five ways to stay out of ethics trouble in 20...
Thursday, January 9, 2020

Should a public defender be protected by a state torts immunity act?

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Just a few days ago, the New Jersey Supreme Court heard oral arguments in a case that should be called Chaparro Nieves v. Office of the Publ...

New report on the market for legal services

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Georgetown Law’s Center on Ethics and the Legal Profession and Thomson Reuters Legal Executive Institute recently released a new report on t...
Sunday, January 5, 2020

Top ten list

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This is the time of the year when many blogs and websites start issuing their "top ten lists" (mostly of important events of the p...
Wednesday, January 1, 2020

New opinion by the ABA Standing Committee on Ethics addresses obligations related to lawyers changing firms -- UPDATED

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Original post: December 8, 2019 The ABA Standing Committee on Ethics and Professional Responsibility has issued ABA Formal Ethics Opinion ...
Sunday, December 29, 2019

May a Louisiana Lawyer Assist a Client with Marijuana Distribution?

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A few days ago I posted that the NY State Bar Association issued an opinion saying that lawyers are allowed to represent client's in the...
Friday, December 27, 2019

Utah begins its licensed paralegal practitioners program

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Back in September and again in November I reported on Utah's move to allow non-lawyers to provide certain legal services.  See here and...
Thursday, December 26, 2019

NY State Bar Association finds lawyers are allowed to represent client's in the medical marijuana business

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Last month, the New York State Bar Association Committee on Professional Ethics issued Opinion 1177 , reaffirming that the New York Rules of...
Tuesday, December 24, 2019

A really dumb way to get your license suspended: try to save a few bucks at Walmart (by cheating)

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An Ohio attorney who put price tags from cheaper items on more expensive ones at Walmart and then checked them out was given a one-year stay...
Monday, December 23, 2019

Puerto Rico Bar Association has filed an injunction petition in federal court to halt the implementation of new regulation that imposes mandatory pro bono and low paying mandatory appointment to represent clients in both civil and criminal cases

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At some point in 2018, the Puerto Rico Supreme Court adopted a set of rules for the assignment of cases to court appointed attorneys (“Regla...

Wisconsin: mandatory bar membership is not unconstitutional

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Long time readers of this blog might remember that I have been following the many lawsuits filed around the country alleging that mandatory ...

Lawyer who allowed client to write her own brief, and which resulted in the court calling it complete gibberish gets sanctioned -- UPDATED

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About a month ago I posted a note about a case in which the court found one of the briefs in the case to be total "gibberish."  Se...

$4 million in sanctions for discovery abuse

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Bloomberg law is reporting that a California federal judge recently imposed sanctions on a party for nearly $4 million for discovery miscond...
Sunday, December 8, 2019

Did Rudy Giuliani threaten to violate his duty of confidentiality on live TV?

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It sounds like it!  Go here to read about it.

Judge reprimanded for refusing to perform same sex marriages

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Back in April I reported that the ABA Standing Committee on Ethics and Professional Responsibility released a Formal Opinion (No. 485) concl...
Saturday, December 7, 2019

South Carolina adopts a limited version of the duty to understand technology as part of the duty of competence -- UPDATED

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About a month ago I noted that Georgia was in line to become the 38th state to adopt the notion of understanding "technology" as p...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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