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Showing 3 posts from January 2016.

More Changes Ahead to the Rules of Professional Conduct?

Rule 8.4 of the Model Rules of Professional Conduct is a bit of a catch-all. In general terms, it prohibits "lawyer misconduct." Even more ambiguous, Rule 8.4(d) prohibits "conduct prejudicial to the administration of justice." Certainly, Rule 8.4 can be described as broad, or even vague. Violations of Rule 8.4 range from public statements concerning judges to fraud.

The most recent criticism of Rule 8.4, however, is that it fails to facially address bias, discrimination, or harassment and fails to address the scope of the issue in the legal profession. A proposed change to the ABA's Model Rules of Professional Conduct seeks to prohibit lawyers from engaging in bias and harassment at work and would punish lawyers for poor conduct outside of the office.  More ›

Illinois Appellate Court Reinforces Rule Providing Immunity to Attorneys for Errors in Judgment

Judgmental immunity is alive and well in Illinois. More ›

Avoiding the Upsurge in Trust, Probate and Estate Planning Malpractice

The number of lawsuits against trust, probate and estate planning attorneys has significantly increased over the last several years. Today, trust, probate and estate planing attorneys are charged with legal malpractice and breach of fiduciary duties more than any other single practice area, according to a recent survey of the largest professional liability insurers in the country.   More ›