Professional Responsibility Blog

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

Sunday, June 25, 2023

Trump lawyer John Eastman faces disciplinary charges in California

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 Attorney John Eastman fought to overturn the 2020 presidential election and keep Donald Trump in power. Now, he's fighting to keep his ...

Richard Painter: "I did Alito’s ethics prep for his confirmation hearing. His new excuses are nonsense."

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Richard Painter, the chief White House ethics lawyer from 2005 to 2007 who helped prepare Justices Roberts and Alito for their confirmation ...
Friday, June 23, 2023

Comment: Ethical Considerations for Lawyers Regarding Email Encryption

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 Here is a short article on (and called) "Ethical Considerations for Lawyers Regarding Email Encryption".  You can read it here o...
Sunday, June 18, 2023

Two stories related to "non lawyer professionals" and the market of legal services

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 If you follow the news about Professional Responsibility you know that for years there has been a lot of debate about whether it is a good ...

How not to practice law: gamble away clients' funds

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So, here is the second installment of the day in the "how not to practice law category" and again, as usual, the punchline says it...

How not to practice law: file fake court orders

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 It has been a while since I last posted a story in our running category of "how not to practice law" in which, as the name sugges...

More on lawyering and the use of artificial intelligence

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 A few days ago I posted some links on lawyering and the use of artificial intelligence - a topic that seems to dominate the professional re...
Saturday, June 10, 2023

IAALS Releases National Framework for New Tier of Legal Professionals

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As you know, and we have discussed in this blog many times, a number of states have programs that recognize "non-lawyer" legal pro...

ABA Formal Ethics Opinion on "non-lawyer" assistants -- UPDATED

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 The ABA Standing Committee on Ethics and Professional Responsibility has issued a Formal Ethics Opinion (No. 506) on a lawyer's respons...
Sunday, June 4, 2023

Judge requires lawyers to certify that they did not use AI to prepare documents filed in court

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As I reported earlier this week, there has been a lot of discussion about AI and the practice of law this year.  See here for my blog posts...
Thursday, June 1, 2023

Lawyering and the use of Artificial Intelligence -- UPDATED

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June 1, 2023 The Professional Responsibility blogsphere was dominated this week by a discussion of a New York Times story called “Here’s Wh...

Multistate Analysis of the Ethical Rules Governing Attorneys Working Remotely

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 Here is a link to a recently published short analysis of ethical rules regarding remote work.

Conference Report: Representing clients in multi-district litigation

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 Multidistrict litigation, or MDL, now dominates federal dockets, impacting hundreds of thousands  of plaintiffs and routinely grappling wit...
Monday, May 22, 2023

Following Vermont's example, Utah adds a comment to rule on competence to remind lawyers to be mindful of their wellness

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I have written about the notion of " wellness " before, including about a report on the negative effects of the practice of law a...
Monday, May 15, 2023

ABA Issues new formal opinion on advance "non refundable" fees

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Way back in 2016 the Board of Professional Conduct of the Ohio Supreme Court released an advisory ethics opinion on whether a lawyer may ent...
Wednesday, May 10, 2023

Court imposes sanctions on Kari Lake's lawyer for lies about the elections

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The Arizona Supreme Court recently ordered Former Arizona Republican gubernatorial candidate Kari Lake’s lawyers to pay $2,000 in sanctions ...
Saturday, April 29, 2023

Update on Idaho's rejection of Model Rule 8.4(g)

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Back in January I reported ( here ) that Idaho rejected a proposal to adopt Model Rule 8.4(g).  A few days ago, the Louisiana Legal Ethics B...
Friday, April 28, 2023

How to leave a firm ...

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 In a recent post, Michael Kennedy (Ethical Grounds) reviews issues related to lawyers leaving firms.  If you need a quick reminder of some ...
Saturday, April 15, 2023

Mississippi Supreme Court rules that the state's public defender system must be fixed to prevent defendants from spending unreasonable amounts of time before indictment

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Poor defendants in Mississippi are routinely jailed for months, and sometimes even years, without being appointed an attorney due to the sta...
Monday, April 10, 2023

Colorado Supreme Court approves licensing of paraprofessionals to perform limited legal services -- UPDATED

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April 9, 2023 Last month, the Colorado Supreme Court adopted new rules to create a program to license legal paraprofessionals to perform cer...
1 comment:
Thursday, March 30, 2023

Did Robert Costello Breach Michael Cohen's Confidences?

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Could attorney Robert Costello have to face ethics questions for testimony on Michael Cohen?  Professor Steven Lubet (Northwestern) thinks s...
Sunday, March 26, 2023

Op-ed in support of easing "unauthorized practice of law" statutes in favor of access to legal services

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Last year, a Federal District Court judge found that New York’s unauthorized practice of law statute violated the First Amendment’s protecti...
Thursday, March 23, 2023

Judge rules Trump lawyer must testify in special counsel probe of classified documents

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As you probably know by now, a federal judge recently ruled that one of Donald Trump's former lawyers must testify about communications ...
Saturday, March 18, 2023

Sixty years since Gideon v. Wainwright, defendants still face obstacles in their right to an attorney

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Last week we celebrated the 60th anniversary of the decision in Gideon v. Wainwright , which recognized that defendants accused of serious c...

Rudy Giuliani files post-hearing brief in the District of Columbia bar discipline case

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The Legal Profession Bog is reporting that Rudy Giuliani recently filed a post-hearing brief in the District of Columbia bar discipline case...

Does Trump's lawyer have a conflict of interest?

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 The other day I saw a story with the title: " Trump lawyer's ethics issue: He initially was approached by Daniels ."  In it, ...

Do Attorneys Need to Implement Email Encryption?

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Most states have adopted the view that the duty of competence includes a duty to keep up with modern technology.  Also, most states have ado...
Friday, March 17, 2023

Another update on the DoNotPay "robot lawyer" story -- more information on the lawsuit

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 Last week I reported that the "world's first robot lawyer" was getting sued...  sort of...  It would be funny if the robot la...

Recent comments on AI and the practice of law

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 There has been a lot of discussion about artificial intelligence recently and I am sure there will be many articles soon on different ways ...
Sunday, March 12, 2023

Trump lawyer admits to lying about the elections in order to avoid harsher discipline; then promptly proceeds to lie about it

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 This week saw a lot of coverage and debate about the decision by the Colorado disciplinary authorities to agree to a stipulated public cens...
Friday, March 10, 2023

The latest in the Do Not Pay saga: "the world's first robot lawyer" is now getting sued

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As reported in Courthouse News Service, "[t]he world’s first robot lawyer has been practicing law without a license — doing a pretty po...
Thursday, March 9, 2023

Will Artificial Intelligence help provide more access to quality and affordable legal representation?

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There has been a lot of attention lately to issues related to Artificial Intelligence ("AI"), particularly to the use of ChatGPT t...
Wednesday, March 8, 2023

Illinois Supreme Court announces changes to rules on attorneys' fees

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The Illinois Supreme Court recently announced amendments to Illinois Rules of Professional Conduct 1.5 and 1.15 to clarify the law related t...
Tuesday, March 7, 2023

Podcast on the attorney-client privilege as it applies to entity clients

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Ipse Dixit has posted a podcast with Elise Bernlohr Maizel, Acting Assistant Professor of Lawyering at NYU Law School, in which she discusse...
Monday, March 6, 2023

Arizona Senate approves bill to eliminate mandatory bar membership

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The Arizona Senate recently approved a bill that "prohibits the Supreme Court from requiring an attorney to be a member of any organiza...
Sunday, March 5, 2023

ABA issues new formal opinion on choice of law

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The ABA Standing Committee on Ethics and Professional Responsibility has issued a new Formal Ethics Opinion (no. 504) on the issue of choice...
Saturday, March 4, 2023

Even more on the DoNotPay story

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If you have been following the story of DoNotPay -- the company that claimed to offer a "bot" lawyer, but which after some bad pub...
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 ...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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