Professional Responsibility Blog

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

Monday, February 27, 2023

New proposal to renew lawyer discipline system

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February 27, 2023 Several Professional Responsibility lawyers and scholars recently published a proposal to renew the American system of law...
Sunday, February 26, 2023

Program on sanctions imposed on Trump and his lawyers

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I recently reported that Donald Trump and his lawyers were fined to the tune of almost a million dollars in one of the many frivolous cases ...
Thursday, February 16, 2023

Sanctions imposed against Trump's lawyers affirmed on appeal

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 It is difficult to keep up with all the different legal actions that Trump is in the middle of these days.  A few days ago I reported on an...

Special counsel alleges Trump lawyer's testimony is not privileged because of the crime/fraud exception

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The special counsel investigating Donald Trump’s handling of classified documents is seeking to compel a lawyer for the former president to ...

More fallout regarding the series of articles on the DoNotPay saga

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I have been following the story of DoNotPay, a company that at one point offered a million dollars to anyone who’d let its chatbot argue a c...
Tuesday, February 14, 2023

First "AI-Robot Lawyer" has a rough week, ending in quitting the profession apparently - UPDATED x2

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 A few days ago I posted a story on a company called DoNotPay which at one point offered a million dollars to anyone who’d let its chatbot a...

Artificial intelligence and the practice of law

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There has been a lot of attention paid to artificial intelligence in the practice of law recently.  One of the main sources of debate has be...

How not to practice law: work on your computer out in public where anyone can read what you are doing

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 Most states now adhere to the notion that the duty of competence includes an element of competence over the use of technology.  But there a...
Monday, February 6, 2023

DC Disciplinary Counsel rules that Rudy Giuliani should be disbarred

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The Legal Profession Blog is reporting that the District of Columbia Disciplinary Counsel just filed a 46-page Proposed Findings of Fact an...
Saturday, February 4, 2023

Another article on the disciplinary claims against John Eastman

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 A few days ago I reported that the California Bar has filed a disciplinary complaint against John Eastman, a main player in the plot to ove...

First "AI-Robot Lawyer" has a rough week, ending in quitting the profession apparently - UPDATED

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January 29, 2023 A few weeks ago, the head of a company called DoNotPay offered a million dollars to anyone who’d let his a chatbot argue a ...
Tuesday, January 31, 2023

ABA asks for comments on possible amendments to Model Rules

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 The ABA Standing Committee on Ethics and Professional Responsibility and ABA Standing Committee on Professional Regulation is seeking comme...
Monday, January 30, 2023

Article (and video segment) on why Trump lawyer John Eastman deserves to be disbarred

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 Here is a link to an article and a video discussion on why John Eastman should be disciplined.
Sunday, January 29, 2023

California files disciplinary complaint against John Eastman, the lawyers for the Trump campaign credited to have come up with a plan to have Mike Pence reject the results of the presidential election

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Last week, the State Bar of California filed 11 disciplinary charges against attorney John Eastman based on his efforts to help overturn the...
Thursday, January 26, 2023

Idaho Supreme Court issues resolution explaining why it rejected Model Rule 8.4(g); hint: because it is unconstitutional...

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In November 2021, the Idaho State Bar Commissioners recommended an amendment to Idaho Rule of Professional Conduct 8.4 to include anti-discr...
Saturday, January 21, 2023

More coverage on sanctions on Trump and his attorneys

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Yesterday I reported that a federal court imposed almost a million dollars in sanctions on Donald Trump and his lawyers for a frivolous case...
Friday, January 20, 2023

Another judge imposes sanctions on Trump's lawyers; but this time Trump himself may have to pay too

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It can't be a good thing for the petitioner when the opinion of the court starts by saying "This case should never have been brough...
Wednesday, January 18, 2023

Here is the text of California's proposed modified version of Model Rule 8.3

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 As I reported yesterday, California is moving quickly to approve a modified version of Model Rule 8.3.   Click here for the full text of th...
Monday, January 16, 2023

California moves closer to adopting a rule requiring reporting of another attorney's misconduct (a la Model Rule 8.3)

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Up to now, California is the only state that has not adopted some version of Model Rule 8.3 which requires lawyers to report another lawyer...
Sunday, January 15, 2023

Podcast on jury nullification

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If you are interested in the topic of jury nullification, Radio Lab has a recent 1 hour long podcast on the subject.  You can listen to it h...
Friday, January 13, 2023

Supreme Court to address issues related to attorney-client privilege - UPDATED

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January 9, 2023 If you are reading this blog, you probably know already that the US Supreme Court agreed to hear a case on whether a communi...
Sunday, January 8, 2023

How not to practice law: continue arguing the arguments the court told you not to argue anymore

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Above the Law is reporting that last Wednesday New York Supreme Court Justice Arthur Engoron sent a note to lawyers for the Trump family and...

Judge suspends law license of lawyer for Alex Jones following Sandy Hook document leaks

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 A lawyer for conspiracy theorist Alex Jones has been suspended from practicing law in Connecticut for six months for improperly giving Jone...

Louisiana Legislature adopts provision that affects a plaintiff's ability to recover in a legal malpractice action

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 As reported in Louisiana Legal Ethics , last year, the Louisiana Legislature enacted La. Rev. Stat. 9:5605.2, which provides that "[i]...
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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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