Professional Responsibility Blog

Last week the Chicago Bar Association and Chicago Bar Foundation published a report that provides recommendations for reforming attorney re...

Long time readers of this blog know that I have written many times about Model Rule 8.4(g) and that I have expressed concerns about its bre...

In a case called Laughlin v. Perry, decided on June 30, 2020, the Missouri Supreme Court found that public defenders are immune for legal ma...

As you probably know already, many jurisdictions have adopted the ABA Model Rule's view that knowledge or understanding of technology sh...

In class, we often discuss whether the cases we read resulted in a proper sanction and we also discuss how inconsistent courts often are whe...

About a month ago, the Pennsylvania Supreme Court issued an Order adopting a modified version of ABA Model Rule 8.4(g). The new rule makes i...

Long time readers of this blog know I have posted many stories on prosecutorial misconduct including many in which convictions have been rev...

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

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...

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

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

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

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

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

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

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

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...

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...

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

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

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

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

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

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...

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...

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...

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

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...

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

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

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.

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

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

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...

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

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...

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

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...

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

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...

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

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

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 ...

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

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

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

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...

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

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

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 ...

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...

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...

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

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...

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

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

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 ...

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

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