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Professional Responsibility BlogProfessor Alberto Bernabe - The John Marshall Law School
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Professor Alberto Bernabe - The John Marshall Law School
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Professional Responsibility Blog | bernabepr.blogspot.com Reviews
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Professor Alberto Bernabe - The John Marshall Law School
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Professional Responsibility Blog: September 2014
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Professor Alberto Bernabe - The John Marshall Law School. Sunday, September 28, 2014. Texas Bar Ethics Opinion finds Texas rule on conflicts is more strict than Model Rule. Bloomberg/BNA has more on the story here. Under the Model Rules, a firm would be allowed to continue the representation of the current client if it screened the newly hired attorney, but the rules in Texas are more strict when it comes to former client conflicts. Labels: ABA Model Rules. Conflict of interest - Former client. UPDATE 11...
Professional Responsibility Blog: May 2015
http://bernabepr.blogspot.com/2015_05_01_archive.html
Professor Alberto Bernabe - The John Marshall Law School. Monday, May 25, 2015. DQed on the effect of a disqualification order. I would think so, but apparently there are differences of opinion on this. DQed has a short comment on the issue here. Labels: Conflict of interest - Current client. Conflict of interest - Former client. Sunday, May 24, 2015. Another case on whether the appearance of impropriety can be used as a standard in conflicts cases. Thanks to Bill Freivogel of Freigovel on Conflicts.
Professional Responsibility Blog: December 2014
http://bernabepr.blogspot.com/2014_12_01_archive.html
Professor Alberto Bernabe - The John Marshall Law School. Tuesday, December 23, 2014. NY State Bar issues opinion on whether an attorney can disclose confidential information in order to rebut comments by a client on a website. Holding that the "self-defense" exception to the duty of confidentiality does not apply to this type of case, the Committee answered "no." You can read the opinion (Opinion 1032 (10/30/2014) here. The fact the comments are "published" (on the website) and can reach a much wider au...
Professional Responsibility Blog: March 2015
http://bernabepr.blogspot.com/2015_03_01_archive.html
Professor Alberto Bernabe - The John Marshall Law School. Monday, March 30, 2015. Supreme Court denies cert petition in Truvia v. Connick. Last month I wrote about the cert petition in Truvia v. Connick. The most recent in a series of cases from New Orleans on whether an exonerated criminal defendant who spent years in prison after a prosecutor violated the duty to disclose exculpatory evidence can recover for damages. You can read my original post here. Labels: Criminal justice system. Anyone who knows ...
Professional Responsibility Blog: Comment on process to adopt new rule regarding prosecutorial misconduct in California - UPDATED
http://bernabepr.blogspot.com/2015/04/comment-on-process-to-adopt-new-rule.html
Professor Alberto Bernabe - The John Marshall Law School. Sunday, January 24, 2016. Comment on process to adopt new rule regarding prosecutorial misconduct in California - UPDATED. I have posted some links to comment on the on going process in California for the possible adoption of new rules. (Go here. And scroll down.) The most recent development, reported in The Legal Ethics Forum. 12-9-15): Legal Ethics Forum has an update here. The author is skeptical that the rule will make much of a difference.
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disbarringthecritics.blogspot.com
Disbarring the Critics: Federal Court Strikes Down How Judges are Elected in Marion County; Is Judicial Slating the Next to Fall?
http://disbarringthecritics.blogspot.com/2014/10/federal-court-strikes-down-how-judges.html
The assumption that respect for the judiciary can be won by shielding judges from published criticism wrongly appraises the character of American public opinion.[A]n enforced silence, however limited, solely in the name of preserving the dignity of the bench, would probably engender resentment, suspicion, and contempt much more than it would enhance respect." Justice Hugo Black, Bridges v. California (1951). Friday, October 10, 2014. Besides the issue of electing Marion County judges in the general elect...
Torts Blog: Tort Reform efforts in Arkansas; bad news for victims
http://bernabetorts.blogspot.com/2017/02/tort-reform-efforts-in-arkansas-bad.html
Professor Alberto Bernabe - The John Marshall Law School. Friday, February 10, 2017. Tort Reform efforts in Arkansas; bad news for victims. As reported in the TortsProf blog. You may recall that last fall the Arkansas Supreme Court struck down a tort reform ballot initiative. It's back. The Arkansas Times. Subscribe to: Post Comments (Atom). The John Marshall Law School, Chicago. View my complete profile. To SUBSCRIBE VIA E-MAIL, enter your e-mail address below. You will only get one message per day.
Torts Blog: Medical errors are now the third leading cause of death in the US; Yet, Oregon upholds cap to prevent victims of medical errors to recover full amount of damages
http://bernabetorts.blogspot.com/2016/05/medical-errors-are-now-third-leading.html
Professor Alberto Bernabe - The John Marshall Law School. Saturday, May 7, 2016. Medical errors are now the third leading cause of death in the US; Yet, Oregon upholds cap to prevent victims of medical errors to recover full amount of damages. Here are two stories published within days of each other this week. For an article and a podcast on the new study. Now comes news of a recent decision by the Oregon Supreme Court which upheld a $3 million cap on damages against the state and its employees. Now,...
Torts Blog: July 2016
http://bernabetorts.blogspot.com/2016_07_01_archive.html
Professor Alberto Bernabe - The John Marshall Law School. Sunday, July 24, 2016. Court of Appeals for the 2nd Circuit holds GM can be liable for injuries caused before it filed for bankruptcy. For links to my older posts on this question. The Pop Tort has a comment on it here. Thursday, July 21, 2016. Washington State Supreme Court holds plaintiff has to show actual innocence in malpractice claim against former criminal defense lawyer. Back in February I reported ( here. And you can read the opinion here.
Torts Blog: More bad news for victims of medical malpratice; more tort reform bills, this time in Iowa -- UPDATED
http://bernabetorts.blogspot.com/2017/03/more-bad-news-for-victims-of-medical.html
Professor Alberto Bernabe - The John Marshall Law School. Saturday, April 15, 2017. More bad news for victims of medical malpratice; more tort reform bills, this time in Iowa - UPDATED. For almost two months now all my posts have been about medical malpractice reform bills. Today's update comes from Iowa where the state Senate has passed a tort reform bill ( Senate File 465. Apparently, the reforms were based on the discredited. Supported by available empirical evidence. Subscribe to: Post Comments (Atom).
Torts Blog: Update on tort reform in Arkansas -- UPDATED
http://bernabetorts.blogspot.com/2017/02/update-on-tort-reform-in-arkansas.html
Professor Alberto Bernabe - The John Marshall Law School. Sunday, March 5, 2017. Update on tort reform in Arkansas - UPDATED. Feb 20, 2017. About 10 days ago, I reported on the tort reform efforts in Arkansas (see below). Here is an update, as reported in the TortsProf blog. 3/5/17): The TortsProf blog has updates here. Subscribe to: Post Comments (Atom). The John Marshall Law School, Chicago. View my complete profile. Search for posts by topic. Assumption of the risk. Consumer Product Safety Commission.
Torts Blog: December 2016
http://bernabetorts.blogspot.com/2016_12_01_archive.html
Professor Alberto Bernabe - The John Marshall Law School. Saturday, December 3, 2016. CT Supreme Court to consider appeal in previously dismissed lawsuit against gun maker related to shooting at Sandy Hook Elementary. Almost two years ago, I reported that the families of nine of the 26 people killed two years ago at the Sandy Hook Elementary School in Connecticut filed a lawsuit against the manufacturer, distributor and seller of the Bushmaster AR-15 rifle used in the shooting. See here. Simple theme....
Torts Blog: New article on the effect of artificial intelligence on tort law; should we change the standard of care to what a reasonable computer (programmer) would have done under the circumstances?
http://bernabetorts.blogspot.com/2017/02/new-article-on-effect-of-artificial.html
Professor Alberto Bernabe - The John Marshall Law School. Wednesday, February 1, 2017. New article on the effect of artificial intelligence on tort law; should we change the standard of care to what a reasonable computer (programmer) would have done under the circumstances? Spoiler alert: If you have not watched the movie Sully, stop reading right now. Watch the movie, then come back. Otherwise, go on. Watch the movie. Think about it. Get back to me. Subscribe to: Post Comments (Atom). JMLS students go h...
Torts Blog: June 2016
http://bernabetorts.blogspot.com/2016_06_01_archive.html
Professor Alberto Bernabe - The John Marshall Law School. Thursday, June 30, 2016. Good news for victims in Missouri: Governor vetoes two tort reform bills. Back in April I commented. On a pending bill in Missouri to abolish the collateral source rule. In th at post. I explained what this means and why, if adopted, the new law would be "bad news" for torts victims. Today I am happy to report that Missouri's Governor has vetoed the bill. Go here. Labels: Collateral Source Rule. Joint and Several Liability.
Torts Blog: Accreditation Council for Graduate Medical Education will allow interns to work up to 28 hours without a break
http://bernabetorts.blogspot.com/2017/03/accreditation-council-for-graduate.html
Professor Alberto Bernabe - The John Marshall Law School. Saturday, March 11, 2017. Accreditation Council for Graduate Medical Education will allow interns to work up to 28 hours without a break. At a time when it is being reported that medical errors is now the third leading cause of deaths in the US. The Associated Press notes. Subscribe to: Post Comments (Atom). The John Marshall Law School, Chicago. View my complete profile. Search for posts by topic. Assumption of the risk. Federal Torts Claims Act.
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Professional Responsibility Blog
Professor Alberto Bernabe - The John Marshall Law School. Sunday, March 4, 2018. Office Depot now offers legal services. Or does it? A few weeks ago I was alerted that Office Depot had begun to advertise a new legal services plan. You can find the announcement here. I clicked on the announcement and it took me to a page explaining the services. I saved it so I could go back to explore it when I had time so I could comment on it here. That says "this page does not exist.". Labels: Access to legal services.
Professional Responsibility
Course Outline and Supplementary Readings. Saturday, August 1, 2015. Readings for the course. Below you will find the list of assigned readings for each class and links to readings that are not in the textbook. There are two required texts for the course: the textbook and the ABA Model Rules of Professional Conduct. For both texts, make sure you get the most recent version available. Go here to order your textbook. 8:00 am to 11:00 am. Important information about the course. Text pgs. 1-6. And read (unde...
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