Professional Responsibility Blog

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

Wednesday, January 31, 2024

How will generative AI affect digital investigations and e-discovery?

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 How will generative AI affect digital investigations and e-discovery?  The ABA Journal has an answer here .
Tuesday, January 30, 2024

Another comment on the lawsuit by firm against departing lawyer for compensation because clients left with the lawyer

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 About a week ago, I posted a link to a comment on whether employment agreements that require a departing lawyer to compensate the firm for ...
Monday, January 29, 2024

Guide on best practices for using AI

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 A couple of days ago I reported that the Florida Bar recently issued an ethics opinion on using generative AI technology in the practice of...
Sunday, January 28, 2024

Articles on why the allegations against Fani Willis are irrelevant to the criminal case

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 If you have been watching the news about the case against former president Trump in Georgia, you know that the defendant has argued the cas...
Saturday, January 27, 2024

Florida Bar issues opinion on using generative AI technology

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Last December I reported that the Florida Bar was considering an opinion on the use of AI as part of the practice law.  See here .   Today I...
Sunday, January 21, 2024

DC bar authorities file disciplinary charges against pro-Trump 2020 election lawyers

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 Politico has the details here .  The Legal Profession blog comments here .  The Hill has coverage here .

Do employment agreements that require a departing lawyer to compensate the firm for clients that follow the lawyer violate the Rules of Professional Conduct?

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 Michael Kennedy, over at Ethical Grounds, discusses the issue here .
Saturday, January 20, 2024

How not to practice law: after having been told not to coach the witness, go ahead and coach the witness ... and make sure you do it while being recorded

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 The Legal Profession blog recently published a summary of a recent case that earns the most recent entry in our "how not to practice l...
Friday, January 19, 2024

Another year in review program

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 About two week ago I posted a link to a year in review program that discussed the top ten stories of 2023 in legal ethics.  See here . Now,...
Thursday, January 18, 2024

Another new year's resolution for the profession: more diversity

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 2Civilty has published a short article on diversity in the profession:  Women Associates Reach Important Milestone, But Legal Profession Fa...
Wednesday, January 17, 2024

How not to practice law: invent your own rules of evidence, then try to get your own made up evidence admitted under them

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Here is an interesting story about a lawyer who was recently fined over $250,000 for trying to support a claim with a fake newspaper article...
Tuesday, January 16, 2024

Judge orders Trump to pay legal fees to opposing side for frivolousness

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 A New York judge has ordered former President Donald Trump to pay nearly $400,000 in attorneys fees to the New York Times and three reporte...
Sunday, January 7, 2024

Tennessee Court of Appeals rules that inadvertent email waives privilege

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 As you probably know, the answer to the question of whether an inadvertent disclosure of privileged information constitutes a waiver of the...
Monday, January 1, 2024

A lawyer’s duties when using artificial intelligence

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We start the new year with a story about what is likely to be one of the most debated topics of 2024: the use of artificial intelligence in ...

Was the Army’s first-ever lead special trial counsel fired for urging lawyers to act ethically?

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 I recently read a story that, if accurate, is disturbing.  According to the story , published in The Hill, Brigadier General Warren Wells w...
Sunday, December 31, 2023

New Year's resolution for the legal profession

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 The Chicago Bar Foundation has published a short article called "2024 Resolution for the Legal Profession: Back to the Future, With a ...
Thursday, December 28, 2023

Legal Ethics Year in Review Program

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 Happy New Year, everyone!  And, as you know, this is the time of the year when we see "top ten lists" and "year in review...
Wednesday, December 27, 2023

California’s New Duty to Report Treason, Insurrection and Sedition

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 Earlier this year, I reported that California adopted a version of Model Rule 8.3 which, subject to some exceptions, requires disclosure of...
Tuesday, December 26, 2023

Florida Bar’s Board of Governors votes to remove the word “zealous” and its derivatives from the Florida Bar Rules

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 The Lawyer Ethics Alert Blog is reporting that the Board of Governors (BOG) voted at its December 2023 meeting to remove the words zealous...
Monday, December 25, 2023

Sixty years After Gideon v. Wainwright, there still a need to bridge the gap in access to justice

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 This year marks six decades since the landmark Supreme Court ruling in Gideon v. Wainwright, in which the Supreme Court held that states mu...
Sunday, December 24, 2023

NPR program on recent cases that raise questions about the ethics of using AI in the legal system

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 To listen to the program, go here , where you can find a written transcript of it also.

How not to practice law: use of AI to prepare a document, then (and this is the important part) don't check it -- UPDATED

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Sunday, December 24, 2023 This is old news by now, but in case you missed it.  Michael Cohen's lawyer was all over the news recently bec...
Saturday, December 23, 2023

Court imposes sanctions for instructing client not to answer questions during deposition

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 Long time readers of this blog have heard (or have read, rather) me complain often that courts do not do enough to discourage misconduct du...
Friday, December 22, 2023

Recent study in Ohio finds nearly 100 prosecutors who were found to have violated their duties, but none were sanctioned

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NPR has published a long, disturbing article, titled "Ohio prosecutors broke rules to win convictions and got away with it" (see h...

Lawyers for Kari Lake may face discipline for frivolous cases challenging election results

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The Hill recently reported ( here ) that a committee overseeing attorneys in Arizona has found probable cause that lawyers who represented K...
Monday, December 11, 2023

Proposed Florida Bar Advisory Opinion 24-1 provides guidance regarding lawyers’ use of artificial intelligence

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 Proposed Florida Bar Advisory Opinion 24-1 provides guidance regarding lawyers’ use of artificial intelligence.  Lawyer Ethics Alert Blogs ...
Sunday, December 3, 2023

Court of Appeals for the Fifth Circuit considers adopting rule to regulate use of AI in generating legal documents

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Yesterday I reported that the Colorado Supreme Court suspended a lawyer for using artificial intelligence.  Also, back in June I reported th...
Saturday, December 2, 2023

Colorado imposes sanctions for use of AI

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Last summer I posted a few times about a case in New York in which two lawyers got in trouble for using AI to write a brief which the court ...
Friday, December 1, 2023

Federal Court Dismisses Law Firm’s Suit Against DoNotPay for Unauthorized Law Practice - UPDATED

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November 23, 2023 Long term readers of this blog will remember the saga of the company "Do Not Pay" which at one point claimed to ...
Saturday, November 25, 2023

Short article on why criticizing judges can be dangerous

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 The New York Legal Ethics Reporter has published a good short article called "Criticizing Judges Can Be Hazardous to Your Professional...
Friday, November 24, 2023

Upsolve wins in NY; Court opens door to non lawyer providing some legal services

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 Back in March of this year, I posted a comment on an Op-ed piece in the New York Times arguing that it is important to ease "unauthor...
Tuesday, November 21, 2023

Did Illinois Hearing Board recommend a six month suspension for violation of Rule 8.4(d) because there is no other rule and this one seems to work as a "catch-all"?

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 That's a long title above, but hear me out.  Last July, I reported on a complaint filed in Illinois against a lawyer for his conduct t...
Saturday, November 18, 2023

Court of Appeals for the Fifth Circuit holds that certain social media posts by the Louisiana Bar Association violated the First Amendment

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Last week, the US Court of Appeals for the Fifth Circuit ruled that the Louisiana State Bar Association (LSBA) violated the US Constitution’...
Friday, November 17, 2023

More commentary on the Supreme Court's code of conduct - UPDATED

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 A few days ago I reported that the US Supreme Court adopted a code of conduct and that it was immediately generally criticized as inadequat...
Wednesday, November 15, 2023

Illinois Hearing on proposal to adopt a rule like Model Rule 8.4(g)

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 Last week I reported that the Illinois Supreme Court Rules Committee was going to hold a meeting to discuss a number of proposals, includin...
Tuesday, November 14, 2023

Supreme Court adopts code of conduct, which is immediately widely criticized as inadequate

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In response to mounting criticism over the conduct of some justices, the Supreme Court announced that it has adopted an ethics code.  Yet, n...
Monday, November 13, 2023

Oregon brings back "apprenticeships" as a pathway to admission to practice, sort of... -- UPDATED

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 Oregon made history last week by introducing a new pathway for attorney licensing reminiscent of an apprenticeship system.  Law school grad...
Sunday, November 12, 2023

Amazon is offering Prime members low-cost primary health care access; can legal services be too far behind?

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Do you remember the first wave of debates about allowing alternative business structures and partnerships with non-lawyers?  Back then, a st...
Thursday, November 9, 2023

Best Practices For Texting With Clients?

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 The Louisiana Ethics Blog has posted a short comment on best practices for texting with clients.  Though short, the post is longer than min...
Wednesday, November 8, 2023

California judge issues "preliminary finding" of misconduct against John Eastman for his role in Trump's effort to interfere with the transfer of power after his loss in the 2020 election

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Last week, a California judge made a “preliminary finding” that attorney John Eastman breached professional ethics rules when he aided Donal...

Illinois to consider proposal to adopt a version of Model Rule 8.4(g)

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November 8, 2023 The Illinois Supreme Court Rules Committee will hold a public hearing on November 15 to address public comments on five pro...
Tuesday, November 7, 2023

Happy 15th Birthday to the Blog!!!

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 On this date, fifteen years ago I posted for the first time on this blog.   Originally, I thought I would use the blog as a place to post ...
Monday, November 6, 2023

New article on Rudy Giuliani's possible disbarment and other legal troubles

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 Courthouse News Service has a new article on Rudy Giuliani's possible disbarment and other legal troubles.  Read it here .
Sunday, November 5, 2023

Illinois doubles its compensation for lawyers appointed to represent indigent parties

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Citing its commitment to improving access to justice for all and especially indigent parties, the Illinois Supreme Court announced last week...
Saturday, November 4, 2023

Does Georgia not have a rule about prospective clients? -- CORRECTION!

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 Does Georgia not have a rule equivalent to Model Rule 1.18 on the duties owed to prospective clients?  ...  That's a rhetorical questio...
Friday, October 27, 2023

Arizona Ethics Opinion concludes lawyers can disclose confidential information when replying to negative online reviews

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Long time readers of this blog might remember a few posts on whether an attorney can reply to negative online reviews.  All sources I have s...

Should the lawyers who plead guilty in cases related to election fraud be disciplined despite their plea agreements saying their crimes did not involve "moral turpitude"?

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 If you have been paying attention to the news, you know by now that three lawyers have pled guilty in the RICO case in Georgia claiming tha...
Sunday, October 22, 2023

Justice Says Mississippi Court Rule to Give Poor Defendants Lawyers Isn’t Working And there isn’t much the court can do to enforce it

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 Justice says Mississippi court rule to assign lawyers to poor defendants isn't working and there isn’t much the court can do to enforce...
Saturday, October 21, 2023

Two new comments on DoNotPay and AI legal services

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 Long time readers of this blog will remember early this year I posted a series of stories discussing the saga of a company called DoNotPay ...
Wednesday, October 18, 2023

Things keep getting worse for Rudy Giuliani, part 2 (or 3 ?, I've lost count!)

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 If you have been following the news, or this blog, you know that things are getting pretty desperate for Rudy Giuliani, (go here and scrol...
Tuesday, October 17, 2023

The world needs more lawyers

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You may have heard the famous Shakespearean quote that goes something like "the first thing you do, kill all the lawyers" or somet...
Monday, October 16, 2023

Is it ethical to advise clients to delete content from social media?

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 It depends.  The San Diego County Bar Association explains here .
Sunday, October 15, 2023

Lawyer fined nearly $20,000 for obnoxious conduct in violation of rules of procedure during deposition

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 I often complain that judges do not do enough to discourage misconduct during discovery, so today I am happy to report that at least one ju...
Saturday, October 7, 2023

Courts in two separate cases in Louisiana deny motions to dismiss in cases against prosecutors for wrongful convictions

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A federal judge recently denied the New Orleans District Attorney’s motion to dismiss a wrongful conviction claim by a man who spent 26 year...
Thursday, October 5, 2023

New ABA Formal Opinion on witness preparation -- UPDATED

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About two weeks ago, the ABA Standing Committee on Ethics and Professional Responsibility issued a new Formal Ethics Opinion (No. 508) on th...

Things keep getting worse and worse for Rudy Giuliani: two of his lawyers withdraw (or try to) from his representation in Georgia

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Oct 4, 2023 If you have been following the news, or this blog, you know that things are getting pretty desperate for Rudy Giuliani, (see her...

Judge in Trump's NY fraud case imposes sanctions on his lawyers for repeating frivolous arguments

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Last January I reported ( here ) that New York Supreme Court Justice Arthur Engoron sent a note to lawyers for the Trump family and the Trum...

Judge agrees to explore possibility of conflict of interests in Mar-a-Lago case -- UPDATED

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Judge Aileen Cannon recently agreed to a Justice Department (DOJ) request to hold hearings to examine potential conflicts of interest of two...

Judge finds no conflict and denies motion to disqualify in Trump's hush money case

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 Back in March I reported a story about the fact that one of Trump's lawyers in the New York "hush money case" involving payme...
Sunday, September 10, 2023

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

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 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

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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...
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Professor Alberto Bernabe
UIC School of Law, Chicago
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