Professional Responsibility Blog

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

Monday, June 29, 2020

Wisconsin reaffirms that criminal defendants must show actual innocence to support malpractice claim against former defense counsel

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Long time readers of this blog may remember that I have posted many stories commenting on the fact that many (probably most) jurisdictions r...
Sunday, June 28, 2020

New Jersey considers adopting exception to duty of confidentiality to prevent or remedy wrongful convictions

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Long time readers of this blog might remember an incident reported a few years ago out of Chicago that involved two lawyers who came forward...
Thursday, June 18, 2020

How to ethically respond to negative reviews from clients

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The ABA Journal has published a short article on "dos and don'ts" for when lawyers want to reply to a negative online review. ...
Wednesday, June 17, 2020

Colorado Supreme Court holds that a man convicted by a jury that included judge's wife isn't entitled to new trial

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Reading some old news I came across this headline:  "Man convicted by jury that included judge's wife isn't entitled to new tri...
Tuesday, June 16, 2020

Prosecutorial misconduct

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For those of you interested in prosecutors' ethics, I recently found this collection of short podcasts discussing instances of possible...
Monday, June 15, 2020

Permanent disbarment

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As you probably know, but is often misunderstood by those outside the profession, disbarment is more often that not NOT permanent. In most s...
Sunday, June 14, 2020

12 tips to help you avoid disciplinary proceedings

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Here is a short article on tips to help you avoid disciplinary proceedings.  The tips are good ones: 1. Implement Strong Law Office Manage...
Saturday, June 13, 2020

US Supreme Court denies review of mandatory bar membership case

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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 ...
Friday, June 12, 2020

ABA issues new formal opinion on Model Rule 1.18 and the duties owed to prospective clients

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A couple of days ago, the ABA Standing Committee on Ethics and Professional Responsibility issued formal opinion 492 in which it discusses t...
Thursday, June 11, 2020

Washington State (prospectively) terminates its pioneering program of non-lawyer technicians (LLLTs)

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Long time readers of this blog will remember that I have posted many comments about or related to Washington's program that allows non-l...
Wednesday, June 10, 2020

Trying to catch up!

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It has been a very busy three weeks (for me personally and for everyone else around the country) since I last posted a comment here, but I a...
Tuesday, May 19, 2020

Illinois State Bar Association issues three new ethics opinions

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The Illinois State Bar Association’s Board of Governors approved three new Professional Conduct Advisory Opinions on May 15 during its regul...
Sunday, May 17, 2020

New Jersey Supreme Court reiterates generally accepted notion that even if information is available to the public it is confidential if it is not generally known

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As I am sure you know, subject to some exceptions that are not relevant here, lawyers have a duty to keep confidential information secret.  ...
Saturday, May 16, 2020

Illinois State Bar Advisory Opinion on the Types of Legal Services Law School Graduates Awaiting Bar Exam Can Perform Under Supervision of Licensed Lawyer

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The Illinois State Bar Association has approved an ethics opinion that says recent law school graduates who have not yet taken the bar exam ...
Wednesday, May 6, 2020

Texas Supreme Court reiterates that former criminal defendants suing their lawyers for negligence must prove actual innocence

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Long time readers of this blog may remember that I have posted many stories commenting on the fact that many (probably most) jurisdictions r...
Tuesday, May 5, 2020

ABA issues new ethics opinion on the duty not to counsel clients about, or assist in, committing a crime or fraud

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At the end of April, the ABA's Standing Committee on Ethics and Professional Responsibility issued a new Formal Opinion (No. 491) titled...
Monday, May 4, 2020

NY City Bar Association proposes humanitarian exception to rule that bans financial assistance to clients; ABA also considers similar proposal; do they go far enough?

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Just over a week ago, the New York City Bar Association proposed an "urgent amendment" to Rule 1.8(e) of the New York Rules of Pro...
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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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