Professional Responsibility Blog

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

Friday, March 29, 2024

Several Stories about AI and the Practice of Law from this week's headlines

›
I think that issues related to the use of AI in the practice of law are the number 1 topic of the year and I see stories on it almost every ...
Wednesday, March 27, 2024

California Judge recommends disbarment for John Eastman

›
 A California judge has formally recommended that attorney John Eastman be disbarred for his role in Donald Trump's legal effort to rema...
Wednesday, March 20, 2024

ABA publishes new Formal Ethics Opinion on conflicts of interest because of duties owed to prospective clients under Model Rule 1.18

›
 Today the ABA Standing Committee on Ethics and Professional Responsibility published Formal Opinion 510 on whether an attorney should be di...
Tuesday, March 19, 2024

How not to practice law: Yet another lawyer suspended for citing fake cases created by AI

›
 LawSites has the full story here .
Monday, March 18, 2024

Free Legal Research Startup Now Offers AI Generated Summaries of All State Supreme and Appellate Opinions

›
 LawSites is reporting ( here ) that a new website that provides access to legal research called  descrybe.ai is focused on using artificia...
Sunday, March 17, 2024

The story you heard about a lawyer avoiding discipline because the state Supreme Court justices recused themselves is not what they are saying it is...

›
 The headline in Above the Law reads: "Convicted Lawyer Too Well-Connected To Face Discipline".  Elsewhere , the story was report...

New Training for Lay Legal Advocates in Arizona Aims to Expand Access to Justice Statewide

›
 LawSites has the full story here .
Monday, March 4, 2024

Two articles on the justice gap and legal tech

›
 LawSites recently published two articles with commentary about the justice gap and legal tech that are worth reading. In the first one, Law...
Sunday, March 3, 2024

Are you ready for some pickleball?

›
If you are a college football fan you know about "naming rights"...  So what used to be the Fiesta Bowl suddenly became the Tostit...
Saturday, March 2, 2024

Podcast on the right to an attorney and the role of public defenders in the criminal justice system

›
 Here is a 50 minute NPR program on the right to an attorney and the role of public defenders in the criminal justice system.
Wednesday, February 28, 2024

New ABA Formal Opinion on confidential government information

›
 The ABA Standing Committee on Ethics and Professional Responsibility just released a new Formal Opinion (Number 509).  The title is Disqual...
Thursday, February 22, 2024

ABA Working Group asks for comments on possible amendments to allow more cross-border practice

›
 A couple of days ago I posted that I think a lawyer in good standing in a state should be allowed to practice law in any other jurisdiction...
Wednesday, February 21, 2024

Should A License To Practice Law Be More Like A Driver's License?

›
 Should A License To Practice Law Be More Like A Driver's License?  In a word, YES!  I do think so.  I think that once admitted in one s...

US Supreme Court rejects appeal from Trump-affiliated attorneys in Michigan sanctions case

›
 Not surprisingly, the US Supreme Court has denied review of the sanctions imposed on Trump attorneys in Michigan.  Jurist has the story her...
Sunday, February 18, 2024

Yet another instance of ChatGPT hallucinating cases -- UPDATED

›
February 18, 2024 As reported in Courthouse News:  An appeals court in Missouri lambasted a pro se litigant for submitting multiple “fictit...

The Marshall Project report on the practice of charging indigent defendants to pay for fees related to representation by state appointed counsel

›
 I have blogged before about the unfortunate reality that even 60 years after Gigeon v. Wainwright , there are still deficiencies in the pro...
Wednesday, February 14, 2024

Illinois Supreme Court Amends Rule to Add ‘Sexual Harassment Prevention’ to CLE Topic Areas

›
Two weeks ago, the Illinois Supreme Court amended a Supreme Court Rule to add “sexual harassment prevention” to the enumerated topic areas f...

How not to practice law: falsify evidence

›
 Here is another "how not to practice law" story.  The lessons from these stories always seem so obvious; yet here we are.  In thi...
Tuesday, February 13, 2024

California standing committee on professional responsibility and conduct practical guide for the use of generative artificial intelligence in the practice of law

›
 I missed this report when it came out, but better late than never...  Here it is .
Monday, February 12, 2024

Will AI make the practice of law more accessible? Not everyone agrees

›
Saying that AI will affect the practice of law is old news.  It already has.  The question now is whether it will affect the practice of law...
Sunday, February 11, 2024

How not to practice law: Show up drunk

›
 This is not the first time we have seen this example of "how not to practice law," but there are two interesting questions.  In t...
Saturday, February 3, 2024

How to reply to negative online reviews

›
 The issue of how to reply to negative online reviews is not new.  If you go to the "internet" section of this blog and scroll dow...
Wednesday, January 31, 2024

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

›
 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

›
 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

›
 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

›
 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

›
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

›
 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?

›
 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

›
 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

›
 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

›
 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

›
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

›
 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

›
 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

›
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?

›
 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

›
 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

›
 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

›
 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

›
 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

›
 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

›
 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

›
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

›
 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

›
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

›
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

›
 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

›
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

›
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

›
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

›
 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

›
 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"?

›
 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

›
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

›
 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)

›
 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

›
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

›
 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?

›
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?

›
 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

›
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)

›
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!!!

›
 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

›
 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

›
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!

›
 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

›
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"?

›
 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...
‹
›
Home
View web version
Professor Alberto Bernabe
UIC School of Law, Chicago
View my complete profile
Powered by Blogger.