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Home>William J. Wernz

William J. Wernz

Recent Articles from William J. Wernz

Attendees arrive at the American Bar Association's annual meeting. A large screen with the ABA logo is seen behind the people and tables.
Expert Testimony August 21, 2023

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.

3D illustration of a fountain pen and a golden stamp where it is written the text fiduciary duty. Legal responsibilities concept.
Expert Testimony May 2, 2023

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.

The tip of a red pencil just above typeface reading "Disclosure" on a yellow piece of paper
Expert Testimony January 17, 2023

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.

Scales of justice
Expert Testimony September 20, 2022

Quandaries & Quagmires: Repeating errors, attributing sources

To recognize OLPR’s intrepretation errors, it is important to understand what Rule 4.3(d) does and does not require.

Illustration of a compass pointing toward the word "competence" on the outer edge of the compass
Expert Testimony June 28, 2022

Quandaries & Quagmires: Professional competence as an ethics obligation

Lawyers should understand that Rule 1.1 is becoming an important ethics subject in several ways they might not expect.

Scales of justice
Expert Testimony November 30, 2021

Quandaries and Quagmires: Do Minnesota prosecutors ‘get away’ with misconduct?

There is no authoritative answer, but several factors must be considered to begin formulating an answer.

Expert Testimony April 6, 2021

Quandaries & Quagmires: Diminishing the public’s role in professional oversight

For more than 50 years, the Minnesota Supreme Court has succeeded in maintaining an excellent professional responsibility system. Public participation and accountability have been essential system components.

writing in book, taking notes
Expert Testimony December 8, 2020

Quandaries & Quagmires: Attorney as witness: 3 erroneous court orders

The Office of Lawyers Responsibility (OLPR), the Minnesota Supreme Court, and the Hennepin County District Court have recently given four answers to questions about a trial lawyer acting as a witness, three of which are wrong.

Expert Testimony November 24, 2020

Quandaries and Quagmires: When personal relationships create conflicts

The ABA has recently issued two formal opinions on when the personal relationships of judges and lawyers raise ethics issues that may require disclosure, consent, or disqualification. The opinions are in many ways instructive and in some ways flawed.

Lawyer And The Law
Expert Testimony September 22, 2020

Quandaries and Quagmires: Law firms must have ethics policies and training

Questions about whether your law firm has ethics policies and training are timely, and indeed urgent, because of two recent discipline cases and increasing enforcement by the Office of Lawyers Professional Responsibility (OLPR).

Expert Testimony June 15, 2020

Quandaries and Quagmires: Champerty? No. Third-party litigation finance? Yes.

Abolition of champerty may well increase the frequency of litigation financing. Minnesota lawyers will have to be alert to several ethics issues.

Expert Testimony February 5, 2020

Quandaries and Quagmires: To err is human … what comes next?

A familiar legal ethics maxim is, “We all make mistakes. What matters is what we do next.”

1234Next »

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