Professional Responsibility Blog

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

Sunday, October 11, 2020

ABA issues new formal ethics opinion on conflicts of interest

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Last week, the ABA's Standing Committee on Ethics and Professional Responsibility issued a new opinion on "conflicts arising out of...
Tuesday, October 6, 2020

Minnesota Supreme Court approves new rule that allows paralegals to provide certain legal services

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As you probably know, earlier this year Utah and Arizona approved new regulatory systems that allows for some non-lawyers to provide some le...
Monday, October 5, 2020

Court of Appeals for the 9th Circuit reverses conviction because of improper comments by prosecutor

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Long time readers of this blog know that I have posted many stories over the years on prosecutorial misconduct including many in which convi...
Sunday, October 4, 2020

How not to practice law: drive naked!

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 Need I say more?  You can read the full story here .
Sunday, September 27, 2020

Pennsylvania's newly adopted anti-discrimination rule (based on Model Rule 8.4(g)) won't go into effect until December but a lawsuit has already been filed claiming it is unconstitutional - UPDATED

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Back in June, the Pennsylvania Supreme Court adopted a revised version of the controversial anti-discrimination Model Rule (ABA Model Rule 8...
Saturday, September 19, 2020

Puerto Rico Supreme Court invalidates statute of limitations for disciplinary proceedings

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Back in 2016, the Puerto Rico legislature adopted by statute a statute of limitations for disciplinary proceedings.  See here .  I felt so s...
Tuesday, September 15, 2020

Third Circuit issues opinion on whether a prosecutor can be sued for conduct that resulted in wrongful conviction

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Prosecutors are usually protected from possible civil liability because they can claim immunity.  However, immunity only applies to their co...
Saturday, September 12, 2020

Tennessee disbars a lawyer permanently for the first time

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As you probably know, contrary to popular belief, in most states disbarment is not permanent. In most jurisdictions disbarred lawyers can as...

How Black female prosecutors are challenging the status quo and fighting for reform

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 The ABA Journal has a good short article on prosecutors here .

Utah Supreme Court approves five first entities under new regulatory scheme

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The Utah Supreme Court announced that it has approved five entities to enter the legal market under its new regulatory scheme.  The Lawyer E...

Assistant attorney general loses job for racist social media posts

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An assistant attorney general in Texas lost his job last week after reports surfaced that he referred to Black Lives Matter protesters as “t...
Tuesday, September 8, 2020

Another good comment on the recently approved changes to regulation in Arizona

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 As predicted, the recently approved changes to regulation in Arizona continue to generate very good commentary.  Here is another good short...
Monday, September 7, 2020

Arizona adopts significant changes to the regulation of the profession -- UPDATED

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August 27, 2020 The Arizona Supreme Court announced today that it has voted to approve far-reaching changes that it claims "could trans...
Thursday, August 20, 2020

New advisory opinions in Ohio

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 The Legal Profession blog is reporting that the Ohio Board of Professional Conduct issued four opinions to replace or modify opinions previ...
Saturday, August 15, 2020

Suspension Recommended For Judge Accused Of Calling Juror ‘Aunt Jemima'

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Not too surprisingly, the ethics complaint says the judge failed to promote public confidence in the judiciary; manifested bias or prejudice...

Utah Supreme Court adopts significant changes to regulation of the practice of law

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Last week the Utah Supreme Court unanimously approved a number of reforms that allow for non-lawyer ownership or investment in law firms and...
Monday, August 10, 2020

Judge imposes fine on DA for not disclosing documents in case involving use of fake subpoenas

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Long time readers of this blog might remember that earlier this year I reported about a series of complaints filed against the Orleans Paris...
Sunday, August 9, 2020

ABA adopts amendment to Model Rule 1.8(e) to allow financial assistance to pro bono clients -- UPDATED

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Back in May I reported ( here ) that a proposal was going to be brought up at the annual ABA meeting to amend Model Rule 1.8(e) which would ...
Thursday, August 6, 2020

New ABA Report on the Profession Profiles Nation’s ‘Legal Deserts’ with Few or No Lawyers

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LawSites has a summary here .
Wednesday, August 5, 2020

Podcast on the termination of Washington's pioneering LLLTs program

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At a time when several states are trying to adopt regulatory reforms to try to provide better access to legal services (see here ,  here  an...
Sunday, July 26, 2020

Chicago Bar Association and Chicago Bar Foundation publish report and recommendations on the future of the practice of law

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Last week the Chicago Bar Association and Chicago Bar Foundation published a report that provides recommendations for reforming attorney re...
Wednesday, July 15, 2020

ABA issues opinion on Model Rule 8.4(g)

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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...
Sunday, July 12, 2020

Missouri Supreme Court finds that public defenders have immunity for discretionary functions

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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...
Saturday, July 4, 2020

NY may soon require training in "cyber security" as part of CLE

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As you probably know already, many jurisdictions have adopted the ABA Model Rule's view that knowledge or understanding of technology sh...
Thursday, July 2, 2020

What is the proper sanction?

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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...

Pennsylvania adopts a modified version of Model Rule 8.4(g)

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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...
Wednesday, July 1, 2020

Improper comments by prosecutor lead to conviction reversal

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Long time readers of this blog know I have posted many stories on prosecutorial misconduct including many in which convictions have been rev...
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 ...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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