Professional Responsibility Blog

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

Monday, December 19, 2022

Bar discipline committee in Washington DC finds that Rudy Giuliani violated at least one rule of professional conduct

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 A bar discipline committee in Washington, D.C., has concluded that Rudy Giuliani violated at least one professional rule in his efforts to ...
Sunday, December 18, 2022

US Supreme Court to decide case on attorney-client privilege -- UPDATED

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December 10, 2022 The United States Supreme Court has agreed to hear a case that raises the issue of whether a communication involving both ...

What is the minimum number of lawyers needed to eliminate legal deserts in the United States?

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In its annual Profile of the Legal Profession for 2020, the American Bar Association defined a legal desert as a county with fewer than one ...
Friday, December 9, 2022

Article: Five Ethical Considerations for Judicial Law Clerks

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 Here is a short article on ethical considerations for judicial law clerks.
Thursday, December 8, 2022

More sanctions imposed on lawyers for GOP candidates for filing frivolous suits

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In the most recent case, the winners are the lawyers for failed Arizona gubernatorial candidate Kari Lake, who sued to try to force the stat...
Sunday, November 13, 2022

Federal judge imposes sanctions on Trump's attorneys for frivolous lawsuit

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November 13, 2022 Back on September 25 I reported ( here ) that a federal judge had dismissed a lawsuit brought by Donald Trump against Hill...
Thursday, November 3, 2022

ABA issues opinion on whether using "reply all" when replying to emails might violate Rule 4.2 -- UPDATED

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November 3. 2022 Let's assume that Lawyer Larry sends an e-mail message to Attorney Andrea about a case in which Larry is representing C...

Recent amendment to Louisiana Rule 1.15

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 The Louisiana Supreme Court recently amended Louisiana Rule of Professional Conduct 1.15(d) to clarify a lawyer’s duty with respect to the ...
Monday, October 24, 2022

Do you need a reminder of your ethical duties when dealing with a client with diminished capacity?

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If you need a reminder of your ethical duties when dealing with a client with diminished capacity, a recent post in Lex Blog has you covered...
Sunday, October 23, 2022

New article on whether it is a good idea to allow nonlawyers to have ownership roles in law firms

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A few days ago, the Yale Law Journal online published a short essay on whether it is a good idea to allow nonlawyers to have ownership roles...
Saturday, October 22, 2022

Jeffrey Clark argues disciplinary agency has no jurisdiction over his conduct because it violates the principle of separation of powers

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As you may remember, the District of Columbia filed disciplinary charges against both Rudy Giuliani and former Justice Department attorney J...
Saturday, October 8, 2022

How not to practice law: tell your client to burn the evidence

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 In our latest entry in the "how not to practice law" series, we have a quick practice tip:  don't tell your clients to burn e...
Thursday, October 6, 2022

IAALS releases report and unveils website on unbundling legal services

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The Institute for the Advancement of the American Legal System at the University of Denver (IAALS) recently released a new report highlighti...
Tuesday, October 4, 2022

New report on the effects of regulatory reforms in Utah and Arizona

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Long time readers of this blog know that one of the most debated issues in the past few years involves the question of whether the regulatio...
Sunday, October 2, 2022

New ABA Ethics opinion on whether pro-se lawyers can communicate with represented person

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 The ABA Standing Committee on Ethics and Professional Responsibility has issued a new Formal Ethics Opinion (No. 502), on communications wi...
Tuesday, September 27, 2022

How not to practice law: lie to your client and to the court to try to get out of representing a client

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 Here is another installment on the "how not to practice law" series... In today's story , the lawyer lied to the client and t...
Monday, September 26, 2022

Vermont approves multiple amendments to its Rules of Professional Conduct

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Mike Kennedy, Vermont's Bar Counsel,  reports  that about two weeks ago, the Vermont Supreme Court approved several amendments to the Ve...
Sunday, September 25, 2022

Federal judge dismisses Trump's suit vs Hillary Clinton for being frivolous but does not impose sanctions

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 If you have been watching the news lately you know that former President Trump has been having a terrible week in terms of legal matters.  ...
Thursday, September 8, 2022

Trump's lawyers in the news

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 With Trump's legal troubles mounting, there has been a lot of attention on Trump's lawyers lately.  Here are some of the headlines:...
Wednesday, September 7, 2022

New Mexico will no longer deny licenses to lawyers based on lack of citizenship or based on immigration status

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 New Mexico will no longer deny licenses to practice law solely because of an applicant’s citizenship or immigration status, including some ...
Sunday, August 7, 2022

Oregon will allow licensed paralegals to provide limited legal services

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As you probably know, in an attempt to provide better access to legal services, a few jurisdictions have allowed paralegals and other people...
Tuesday, July 26, 2022

The Argument For Why Counsel Have An Ethical Duty To Inform Clients About Litigation Finance

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Do lawyers have a duty to inform clients about litigation finance?  You can find an argument in favor of answering the question in the affir...
Tuesday, July 19, 2022

The type of conduct that would be subject to discipline under Model Rule 8.4(g)

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Two different stories from California illustrate the type of conduct that could be subject to discipline under Model Rule 8.4(g) (or simila...
Friday, July 8, 2022

Illinois Supreme Court has adopted a new Code of Judicial Conduct

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Last week, the Illinois Supreme Court adopted a new Code of Judicial Conduct which includes guidance on the use of social media and financia...
Tuesday, July 5, 2022

Something I wish people would stop saying about Model Rule 8.4(g) makes its way to the proposal in Illinois

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A few years ago, when Model Rule 8.4(g) was proposed and was being debated everywhere, I thought I would write a short article I was planni...
Sunday, June 26, 2022

New York amends rules to adopt a revised version of Model Rule 8.4(g) with a troubling change from the original proposal

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Long time readers of this blog know that I have been following the ABA’s Model Rule 8.4(g) since it was first proposed for comment and since...
Wednesday, June 22, 2022

Update on yesterday's report on NY case re UPL

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Yesterday, I reported that a district court judge issued a preliminary injunction banning New York's attorney general from enforcing the...
Tuesday, June 21, 2022

Federal District Court judge rules that the First Amendment protects those who provide legal advice in certain cases, even if they are not lawyers

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If you follow professional responsibility news, you probably know by now that last month the Federal District Court for the Southern Distric...
Sunday, June 12, 2022

New disciplinary charges filed against Texas Attorney General and against Rudy Giuliani for their participation in attempts to overturn the 2020 presidential elections

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The Texas state bar has sued the state's Attorney General Ken Paxton arguing professional misconduct for trying to void Biden election. ...
Friday, May 27, 2022

PR review: The Cs of legal ethics

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 When I cover the duties owed to clients in class, I tell my students to remember the grades they do not want:  Cs, Ds and Fs.  This is a tr...
Wednesday, May 25, 2022

Podcast on proposal to allow lawyers to practice "across borders"

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Back in April I reported ( here ) that the Association of Professional Responsibility Lawyers (APRL) formally submitted a proposal to the AB...
Tuesday, May 24, 2022

Proposal to amend the rules of professional conduct in Vermont

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A recent proposal has been presented to amend a number rules in Vermont.  Vermont's Bar Counsel, Mike Kennedy, goes over the proposed ch...
Wednesday, May 4, 2022

Association of Professional Responsibility Lawyers proposes amendment to Model Rules to allow cross border practice -- UPDATED

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April 24, 2022 Because of the pandemic, many lawyers were forced to start practicing remotely and for some of them this meant practicing ...
Sunday, May 1, 2022

Court of Appeals for the 7th Circuit upholds mandatory bar in Wisconsin

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 One of the most debated issues in the Professional Responsibility arena in the past year has been whether states can force lawyers to join ...
Saturday, April 16, 2022

New Opinion from the ABA Committee on Ethics & Professional Responsibility on Solicitation

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A few days ago, the ABA Standing Committee on Ethics and Professional Responsibility published Formal Opinion 501 in which it reminds us tha...
Friday, April 8, 2022

Nebraska Supreme Court asks for comments on proposed amendment to adopt rule similar to Model Rule 8.4(g)

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By now I am sure readers of this blog are familiar with Model Rule 8.4(g) and the debate on whether it would survive a Constitutional attack...

How not to practice law: start dating a client and then help him murder his "ex"

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Above the Law is reporting on a case in Oklahoma in which the state is seeking the death penalty for a lawyer.  The lawyer is accused of thr...
Thursday, April 7, 2022

There are reasons to consider not copying a client on an email to opposing counsel

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 Michael Kennedy explains here .
Tuesday, April 5, 2022

Supreme Court will not review decision that found the Texas mandatory bar system unconstitutional

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Back in July of 2021 I reported that the Court of Appeals for the Fifth Circuit ruled that the mandatory bar system used in Texas was uncons...
Monday, March 14, 2022

Texas files complaint against Trump campaign lawyer Sydney Powell for filing frivolous lawsuits

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 A standing committee of the State Bar of Texas filed a complaint in the District Court of Dallas County, Texas against former president Don...
Sunday, March 13, 2022

Should the Character and Fitness Committee ask whether an applicant has ever been arrested?

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In a recent report, a working group of the New York State Bar Association concluded that the New York Bar should not and perhaps legally may...
Monday, March 7, 2022

Article on the case against John Eastman

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As you probably know by now, the State Bar of California recently announced that it had initiated a State Bar Investigation into John Eastma...
Sunday, March 6, 2022

Podcast on Utah's program that allows lawyers and other professionals to own legal service providers

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Not too long ago, Lex Blog started posting links to a new Podcast called Legal Ethics Now & Next, and just a few days ago, the second ep...
Thursday, February 24, 2022

Another lawyer gets in trouble for nakedness

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 A few days ago I posted a story about a lawyer who got in trouble for driving naked.  Today the story is about a lawyer who apparently has...
Sunday, February 20, 2022

Here's an example of the new types of services allowed in Utah

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Over the past year I have reported news about the important changes in Utah regarding the approach to the regulation of the practice of law,...
Thursday, February 17, 2022

How not to practice law: drive naked

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The Legal Profession blog is reporting ( here ) that the Butler (Ohio) County Bar Association has recommended an indefinite suspension of an...
Tuesday, February 8, 2022

How not to practice law: Copy and Paste

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I have not posted a new entry in the ongoing series on "how not to practice law," so here is a new installment. A federal appeals ...
Sunday, January 16, 2022

A Paralegal's Perspective on the Proposed California Paraprofessional Program

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One of the most important stories of the last couple of years has been the debate over instituting changes to the regulatory regimes among t...
Tuesday, January 11, 2022

Virgin Islands Supreme Court rejects request to amend the rules regarding unauthorized practice of law and multijurisdictional practice

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In an interesting development, the Virgin Islands Supreme Court recently denied a petition of the jurisdiction's Bar Association to have...
Monday, January 10, 2022

Discipline for sarcastic remarks. Seriously?! Oh, wait; I could be disciplined for saying that!

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The Legal Profession blog is reporting on a recent case in which the the Florida Supreme Court apparently imposed a public reprimand of an a...
Sunday, January 9, 2022

Tennessee adopts new rules on advertising and solicitation

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 The Legal Profession blog has the story here .  You can read the amendments here .  The amendments cover Rules 7.1, 7.2, 7.3, 7.4, 7.5, and...
Tuesday, December 28, 2021

Be careful when replying to online reviews; but also when reading about cases on replies to online reviews

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 I have posted a number of times on the issues that arise when lawyers reply to negative online reviews.  (Here are links to the more recent...

Short article on new Ohio rules regarding Rule 5.5 and practice of law remotely

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Back in August I reported that Ohio amended its ethics rules to make clear what is required of lawyers who are physically located but not l...
Sunday, December 19, 2021

ABA Committees solicit comments on discussion draft document on possible amendments to the Model Rules

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The ABA Standing Committees on Ethics and Professional Responsibility and Professional Regulation have developed a Discussion Draft of possi...
Sunday, December 12, 2021

Oregon State Bar proposal would permit paralegals to represent clients in landlord/tenant and family law cases

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The Oregon State Bar recently announced it is considering a proposal to approve a program for what it will refer to as "Licensed Parale...
Monday, December 6, 2021

Federal Judge reiterates (and revises) the sanctions on Trump lawyers for filing frivolous lawsuits -- UPDATED

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December 5, 2021 Back in September I reported that a judge had imposed sanctions on several lawyers for the Trump campaign for the frivolous...

NY Times editorial criticizes lack of accountability for prosecutorial misconduct

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 About three weeks ago I reported that the organization "Accountability New York" filed a lawsuit in federal court in Manhattan ar...
Monday, November 29, 2021

Does the duty to know the benefits and risks associated with relevant technology (also known as technology competence) include a duty to watch and be aware of the news?

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Long time readers of this blog know that I have posted many stories about the implications of comment [8] to Model Rule 1.1 on Competence.  ...
Sunday, November 28, 2021

How not to practice law: Text your client how to answer questions during a deposition, then try to cover it up by claiming incompetence -- UPDATED

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November 28, 2021 The Legal Profession Blog recently published a summary of a decision in Florida suspending a lawyer for 91 days for textin...
Sunday, November 21, 2021

Complaint filed challenging Connecticut's recently adopted version of Model Rule 8.4(g)

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An organization called the New Civil Liberties Alliance recently filed a complaint in Connecticut seeking to enjoin the implementation of th...
Monday, November 15, 2021

Podcast on civility in the practice of law

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The podcast Reimagining Law dedicated a recent episode to discussing the difference between being a client advocate and overly aggressive, h...
Sunday, November 14, 2021

NY City reacts against law professors who filed complaints against prosecutors; law professors respond by filing lawsuit

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Last May I wrote about a new organization in New York called "Accountability New York" created by lawyers and law professors to pu...
Sunday, November 7, 2021

Reinventing Witness Preparation

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Litigation Radio has a posted a podcast on witness preparation (sponsored by the ABA section on litigation).  You can listen to the program ...
Thursday, October 28, 2021

Florida Supreme Court finds that company that provided help with traffic tickets engaged in unauthorized practice of law -- UPDATED

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October 17, 2021  (Updates at the end) Back in 2018, I wrote about a couple of complaints filed in Florida that I argued could challenge the...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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