Professional Responsibility Blog

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

Sunday, September 10, 2023

How not to practice law: ask someone else to take your CLE courses for you

›
 It has bee a while since I posted to the ongoing "how not to practice law" series, which highlights particularly shocking miscond...
Monday, September 4, 2023

Court of Appeals for the Third Circuit does NOT decide on the constitutionality of Pennsylvania Rule 8.4(g); it simply dismissed the challenge for lack of standing

›
Long time readers of this blog know I have been following the debate about Model Rule 8.4(g) since it was merely a proposal before within th...
Sunday, September 3, 2023

Rudy, that's not how anything works, Part III: Giuliani found liable for defamation by default

›
A few days ago, I posted a story questioning why Rudy Giuliani would concede the main elements of a cause of action for defamation he had be...
Sunday, August 27, 2023

California judge denies Eastman request to postpone disbarment litigation

›
As you probably know, John Eastman, one of Trumps co-conspirators in the criminal case filed in Georgia, is also facing disciplinary proceed...
Saturday, August 19, 2023

Rudy, I told you that's not how anything works! -- UPDATED

›
 Last Friday I posted a story about how Rudy Giuliani attempted to prevent having to comply with discovery in a defamation case by conceding...
Thursday, August 17, 2023

Competence includes tech competence

›
Over at Ethical Grounds, Michael Kennedy reminds us that earlier this month, the ABA House of Delegates adopted Resolution 609 to remind law...

Where are they now? Recent article on the fate of Trump's "elite strike force team" of lawyers -- UPDATED

›
I have updated the list below in italics . New article in Politico called "Trump’s ‘ Elite Strike Force Team’ Falls on Hard Times ...
Saturday, August 12, 2023

Podcast regarding the story about the ABA Center for Innovation

›
 A few days ago I published a story (originally discussed in LawSites) questioning whether the ABA Center for Innovation was actually seriou...

Lawyers who used ChatGPT to draft brief get $5000 fine in sanctions -- UPDATED

›
June 24, 2023 On June 1, I posted a story about two lawyers who asked ChatGPT to draft a brief which they later filed in court without revi...
Friday, August 11, 2023

Former Assistant District Attorney: "Trump’s newest lawyer John Lauro seems confused about what his job actually is"

›
 In an interesting, short, Op-Ed piece, Glenn Kirschner, a former assistant U.S. attorney for D.C., writes about John Lauro, Trumps newest a...
Wednesday, August 9, 2023

Breaking news: ABA House of Delegates approves changes to Model Rule 1.16

›
Last February, the ABA House of Delegates, which is comprised of 597 delegates from ABA entities and state, local and specialty bar associat...
Sunday, August 6, 2023

Story about ABA's Center of Innovation casts doubts about the ABA's commitment to the discussion of innovation

›
LawSites has published a very interesting story reporting (and commenting on the fact that) the American Bar Association’s Center for Innov...
Friday, July 28, 2023

Why did Rudy Giuliani concede that he made false and defamatory statements about the plaintiffs in a defamation case, thus conceding the elements of the claim?! -- UPDATED

›
 Last Tuesday Rudy Giuliani filed a two-page stipulation in a long-running defamation lawsuit by two Georgia election workers stating that ...
Wednesday, July 26, 2023

Article: "The Supreme Court’s excuses for ethics violations insult our intelligence"

›
 Steven Lubet (Northwestern) has published a short article called " The Supreme Court’s excuses for ethics violations insult our intell...

California may make "civility" an actual duty under the Rules of Professional Conduct

›
I teach my students to remember the basic duties owed to clients by thinking of bad grades:  "and F, a D and a bunch of Cs."  The ...
Tuesday, July 25, 2023

Oklahoma court: past sexual relationship between judge and prosecutor entitles criminal defendant to new trial; should more cases be reversed?

›
An Oklahoma court recently held that the fact that a judge and a prosecutor were involved in a sexual relationship during the beginning stag...
Thursday, July 20, 2023

Federal public defenders warn budget cuts may threaten their ability to represent clients

›
 NPR reports that federal public defenders warn budget cuts may threaten their ability to represent clients. Go here for the full story and...
Wednesday, July 19, 2023

Comment on the newly adopted rule mandating reporting of misconduct by other lawyers in California

›
 Here is a comment on the newly adopted rule in California that requires disclosure of another lawyer's misconduct, a la Model Rule 8.3....
Tuesday, July 18, 2023

More on the sanctions for Alan Dershowitz

›
 A few days ago I reported that a federal judge imposed sanctions on Alan Dershowitz and other lawyers for Kari Lake (former Arizona guberna...

Timetable set for Giuliani disbarment procedure in Washington DC

›
The Legal Profession Blog is reporting today that Rudolph Giuliani has noted his exception to the disbarment recommendation of a District ...
Monday, July 17, 2023

Should this lawyer be subject to discipline in Illinois?

›
Back in 2013, the Illinois Supreme Court decided in a case called In re Karavidas , 999 N.E.2d 296 (Ill. 2013), that the state could not sub...
Sunday, July 16, 2023

Kari Lake’s team ordered to pay more than $122,000 in sanctions for frivolous lawsuit

›
Following up on my previous post, Alan Dershowitz was not the only lawyer for Kari Lake ordered to pay sanctions for what the court deemed t...

Alan Dershowitz hit with order to pay $12,220 in attorneys fees for his participation in what court deemed to be a frivolous claim

›
Back in May I reported that the Arizona Supreme Court imposed sanctions on Republican gubernatorial candidate Kari Lake’s lawyers for false...
Monday, July 10, 2023

Update on Trump lawyers: Lin Wood retires to avoid disbarment; Hearing committee recommends disbarment for Giuliani

›
The list of lawyers for the Trump campaign (or for Trump himself) that are under investigation keeps getting longer.  John Eastman , Sydney ...
Sunday, July 9, 2023

Mississippi says poor defendants must always have a lawyer, but few courts are ready to deliver

›
A rule requiring poor criminal defendants to have a lawyer throughout the criminal process took effect last week.  The Marshall Project has ...
Sunday, July 2, 2023

California approves rule mandating reporting of misconduct by other lawyers (similar to Model Rule 8.3)

›
 Last January I posted that California was moving closer to adopting a "self-reporting rule" a la Model Rule 8.3 (see here and he...
Sunday, June 25, 2023

Trump lawyer John Eastman faces disciplinary charges in California

›
 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."

›
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

›
 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

›
 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

›
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

›
 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

›
 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

›
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

›
 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

›
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

›
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

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

Conference Report: Representing clients in multi-district litigation

›
 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

›
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

›
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

›
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)

›
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 ...

›
 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

›
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

›
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?

›
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

›
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

›
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

›
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

›
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?

›
 The other day I saw a story with the title: " Trump lawyer's ethics issue: He initially was approached by Daniels ."  In it, ...
‹
›
Home
View web version
Professor Alberto Bernabe
UIC School of Law, Chicago
View my complete profile
Powered by Blogger.