Professional Responsibility Blog

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

Saturday, January 30, 2021

Breaking news: Trump's legal team quits just days before impeachment trial! -- UPDATED

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 January 30, 2021 Just days before his impeachment trial is set to begin, Donald Trump's entire new legal team has withdrawn from his re...
Thursday, January 28, 2021

Judge sanctions lawyer and client $150K, citing ‘mountain of evasiveness’ and ‘outright lies’

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 Long time readers of this blog know that I often complain that judges do not do enough to sanction attorneys who misbehave during the proce...

Lawyer fired because of his participation in the attack on the Capitol files what could be the craziest lawsuit related to Trump's presidency -- UPDATED, again

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January 25, 2021  (updated, at the end) A Texas lawyer who was fired from his in-house counsel job after it was determined that he recorded ...
Tuesday, January 26, 2021

How not to practice law: advise your client how to make a murder look like self defense... and make sure you do it on Facebook so everyone can read it - UPDATED

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The Tennessee Supreme Court has suspended a Nashville attorney after discovering that he posted advice on Facebook about how to make deadly ...
Sunday, January 24, 2021

At least two different groups of lawyers file complaints asking for Rudy Giuliani to be disciplined in New York

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 A few days ago I reported that the New York State Bar Association was considering expelling Rudy Giuliani from its membership.  See here . ...

ABA issues new ethics opinion on replying to online reviews -- UPDATED

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January 18, 2021 With the increasing use of websites to contact lawyers and to provide feedback about their work, lawyers need guidance on h...
Sunday, January 17, 2021

Florida Bar document on best practices for electronic communications

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The Florida Bar’s Henry Latimore Center for Professionalism  has published a document on Best Practices for Professional Electronic Communic...
Saturday, January 16, 2021

ABA issues new formal opinion on lawyers practicing law remotely -- UPDATED x2

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Original post: 12/6/20 The ABA Standing Committee on Ethics and Professional Responsibility announced today a new formal ethics opinion on i...

In predictable turn of events Trump is reportedly refusing to pay Giuliani's legal fees

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 You can't make this stuff up.  The Washington Post has the story here .  Also see  Above the Law  and Yahoo news . And, there is a bit ...

Trump lawyer Lin Wood disqualified because of his mendacity

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A Delaware Superior Court judge ruled Monday that attorney L. Lin Wood, who filed a number of complaints challenging the results of the elec...

Over 7,000 Lawyers Sign Petition To Have Josh Hawley And Ted Cruz Disbarred

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When Ted Cruz and Josh Hawley supported the effort to object to the electoral college, Yale and Harvard alums started internet petitions to...

New York State Bar Association considers expelling Rudy Giuliani

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 The New York State Bar Association is launching an inquiry into expelling Rudy Giuliani from its membership over his comments ahead of the ...

Article by the plaintiff in the case that declared that Pennsylvania's recently adopted anti discrimination rule (modeled after Model Rule 8.4(g) is unconstitutional

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 About a month ago I reported that a Federal Court in Pennsylvania declared the state's recently adopted version of Model Rule 8.4(g) un...
Monday, January 4, 2021

Federal Judge considers referring lawyer behind Trump election lawsuit to disciplinary agency

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A lot has been written and said in the past few weeks about the incompetence and improper conduct of lawyers working for Trump, but none of ...
Thursday, December 31, 2020

New York Suspends Prosecutor For Discovery Violations

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 Discipline for prosecutorial misconduct is relatively rare which is why I am reporting on this story , which you can find in the Legal Prof...

Arizona's recently created Ethics Advisory Committee issues its first few opinions

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 The Arizona Supreme Court’s two-year-old Attorney Ethics Advisory Committee has issued its first four ethics opinions. They deal with signi...

How not to practice law: try to get your client to pay a fee by providing sexual services

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We have seen stories like this before but it is notable that the discipline imposed is for an attempt to violate the rules of professional ...
Monday, December 28, 2020

Lawyer disciplined in New York for offensive speech

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Some of you might remember an incident caught on video about two years ago in which a lawyer went on an offensive/racist tirade at a restaur...
Sunday, December 27, 2020

NJ Supreme Court validates use of mandatory arbitration clauses in retainer agreements

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The New Jersey Supreme Court in Delaney v. Sills  has validated the use of retainer agreements that provide that all disputes between attorn...
Sunday, December 20, 2020

How NOT to practice law: sign your complaint affirming that the complaint is based on perjury

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Attorney Lin Wood, a lawyer for the Trump campaign, has filed a lawsuit challenging the election results in Georgia in which he asserts that...
Friday, December 11, 2020

US District Judge finds Pennsylvania's version of Model Rule 8.4(g) is unconstitutional

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Long time readers of this blog know that I have posted many stories about Model Rule 8.4(g) since way back when it was first proposed.  Go h...
Tuesday, December 8, 2020

Quick reminder on how to withdraw without violating the duty of confidentiality

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 Over at Ethical Grounds, Michael Kennedy reminds us of the proper way to withdraw from representation without violating the duty of confide...
Monday, December 7, 2020

New article on the role of the prosecutor and its relation to the need to regulate the discretion related to charging decisions

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Long time readers of this blog know that I have posted many stories on prosecutorial misconduct and, within that broad topic, on the issue o...
Sunday, December 6, 2020

Article on Trump's legal teams violations of Rule 11

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Unless you have been hiding somewhere with no access to the news, you know that there has been a lot of press recently on Trump's legal ...
Wednesday, December 2, 2020

Comment on ABA Formal Opinion 493 on Model Rule 8.4(g)

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 Back in July I reported that the ABA Standing Committee on Ethics and Professional Responsibility published a new opinion in which it tried...
Saturday, November 28, 2020

Survey finds that sexual harassment still a problem within the legal profession in New York

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 More than 5,300 lawyers participated in the Gender Survey 2020 by the New York State Judicial Committee on Women in the Courts. The survey ...
Friday, November 27, 2020

How are the states answering the call to allow law school graduates to enter the profession without a bar exam because of the pandemic?

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Above the Law has a short summary of the situation here .  In a nutshell, some states will admit graduates without having to take the bar ex...
Sunday, November 22, 2020

Louisiana Supreme Court holds that plaintiffs do not need to show that they would have been able to collect the judgment in the "case within the case" to support malpractice claim

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As you know, when a plaintiff sues a lawyer for malpractice in a litigation matter alleging that the defendant's representation caused t...
Saturday, November 21, 2020

How not to practice law: go ahead and open a law office even though you flunked the bar exam, ...twice

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 The ABA Journal is reporting that a law school graduate (class of 2014) has been sentenced to prison for practicing law even though she flu...

Competitive Keyword Advertising: Unethical or a good marketing strategy?

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 Over at Ethical Grounds, Michael Kennedy (Vermont's Bar Counsel, and a friend) has a short but insightful post on whether competitive k...
Tuesday, November 10, 2020

Top legal podcasts

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 Here is a list (with links) to the top rated law podcasts.   But wait! There's more!  Here is a link to a good YouTube channel you can...
Monday, November 9, 2020

How not to practice law: offer to represent a client pro bono if she agrees to get naked and clean your house

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 Would that be wrong?...  Yes, yes it would be.  Here is the story .
Tuesday, November 3, 2020

Does a lawyer have to encrypt e-mail messages?

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Do lawyers have to encrypt e-mail messages?   Model Rule 1.6(c) states that a lawyer "shall make reasonable efforts to prevent the inad...
Sunday, November 1, 2020

Can a lawyer withdraw from representation for fear of contracting Covid-19?

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Over at The Law for Lawyers Today, Karen Rubin has published a comment on a recent ethics opinion on whether an attorney can withdraw from r...
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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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