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Recent Articles from William J. Wernz
Quandaries & Quagmires: Discipline prosecutors for good faith mistakes?
Legal scholar challenges proposals to discipline prosecutors for good-faith trial mistakes, citing Minnesota ethics rulings and Supreme Court precedent.
Quandaries & Quagmires: Client confidentiality and motions to withdraw
ABA Formal Opinion 519 says lawyers must protect client confidentiality when seeking to withdraw, even if continued representation violates other ethics rules.
Quandaries & Quagmires: ‘I hereby reveal a public record.’ What?!
A Minnesota ethics expert critiques OLPR’s confidentiality refresher, arguing it misinterprets Rule 1.6 and overlooks major public-record exceptions.
Quandaries & Quagmires: Considerations for vetting and firing clients
ABA Model Rule 1.16 and Opinion 516 offer new guidance on vetting clients and withdrawal. Minnesota lawyers should consider risk prevention best practices.
Commentary: OLPR again misses prompt-decision goal by a mile
For the second time in a decade, the Office of Lawyers Professional Responsibility is in substantial violation of its legal duty to process ethics complaints promptly.
Quandaries & Quagmires: Ethics and knowledge management: Remembering, planning
Having turned 80 years old in June, ethics lawyer and columnist William J. Wernz shares memories and reflections that may be useful to younger lawyers.
Quandaries & Quagmires: Four erroneous ethics propositions
Here are views on four legal ethics propositions as stated in 2023-24 by the Minnesota Supreme Court or the Director of the Office of Lawyers Professional Responsibility.
Quandaries & Quagmires: Third party claims on trust funds
Non-clients sometimes make claims to funds that lawyers are holding in trust. A recent case provides guidance on the unique provisions of the Minnesota Rules of Professional Conduct relating to such claims.
Quandaries & Quagmires: The ‘single mistake’ disciplinary doctrine
Among the “Summary Dismissal Guidelines” that the Lawyers Board has maintained for nearly 40 years is one stating, “Complaints that principally involve an isolated allegation of malpractice are often summarily dismissed, without prejudice.
Quandaries & Quagmires: Duty to ‘inquire into and assess’ client representations?
Model Rule 1.16(a) determinations on whether to continue a representation that were adopted by the ABA House of Delegates are most closely related to two rules.
Quandaries & Quagmires: Dealing with lawyers’ mistakes – some examples
The fact that ethics authorities have been unable to provide a clear and comprehensive guide does not mean there are no guidelines.
Quandaries & Quagmires: A duty to disclose what’s already known?
Under the Rules of Professional Conduct lawyers have duties to disclose certain matters and duties not to disclose confidential information.
Top News
- 8th Circuit blocks deposition in $1.9M judgment fight
- South Carolina lawyer Murdaugh’s murder conviction overturned
- Rhode Island judge slams DOJ over probe of gender-affirming care
- Teen driver immune in death – but parents vicariously liable
- 6th Circuit rules immigrant detainees need bond hearings
- Lawyers for the global elite aren’t buying Trump’s gold card visa
- Minneapolis-based Weinberg to lead Taft as next firmwide managing partner
Expert Testimony
- Perspectives: Taxing issues: Court addresses property issues
- Perspectives: Daily’s 125th at ‘U’ recalls varied cases
- Commentary: Will SCOTUS rule on general warrants and 4th Amendment?
- Perspectives: Law Day: Notable Supreme Court quotes
