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Home>William J. Wernz

William J. Wernz

Recent Articles from William J. Wernz

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.”

Expert Testimony January 8, 2020

Quandaries and Quagmires: Lawyer departure notices — new ABA opinion

New ABA Formal Opinion 19-489 is titled, “Obligations Related to Notice When Lawyers Change Firms.”

Expert Testimony July 15, 2019

Board proposes amending Op. 21 on disclosing malpractice

The Minnesota Lawyers Professional Responsibility Board is soliciting comments on its proposal to amend Board Opinion 21.

Expert Testimony June 21, 2019

Quandaries and Quagmires: Changes in former client conflict law

New ABA Formal Opinion 19-489 is titled, “Obligations Related to Notice When Lawyers Change Firms.” Op. 489 discusses obligations, of both law firms and departing lawyers, to treat each other fairly and to put client interests first. The opinion also discusses the departing lawyer’s obligations to give departure notices to clients and the firm. Op. ...

Expert Testimony March 19, 2019

Court reverses discipline; attorney filed brief late

When does a lawyer deserve discipline for violating a procedural rule, such as a filing deadline? The answer is important, because the 2019 Minnesota Rules of Court book has 1,303 pages of rules.

Expert Testimony February 5, 2019

Quandaries and Quagmires: The making of an ethics lawyer

Does the offense of ‘unshined buttons’ warrant suspension, even where the offender leads a life of constant danger?

Expert Testimony December 4, 2018

Quandaries and Quagmires: Lawyers, judges, ethics and social media

By affecting our culture and modes of communication, social media reshapes many questions of legal and judicial ethics.

Expert Testimony October 4, 2018

Quandaries and Quagmires: Is attorney discipline a ‘gotcha game?’

On the other hand, OLPR takes the position that discipline may be imposed, “regardless of whether an innocent oversight is to blame."

Expert Testimony July 26, 2018

Quandaries and Quagmires: Client confidentiality: ABA Formal Opinion 480

How did the ABA back itself into this corner? There are five answers.

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Breaking the Ice

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Breaking the Ice: Supporting diverse attorneys through board posts

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Nicole Kettwick, the new president of the Hennepin County Bar Association, said a sense of obligatio[...]

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Jennifer Huang hopes her new role as managing principal of Fish & Richardson’s Minneapolis off[...]

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Breaking the Ice: ‘Bridge builder,’ ‘lawyer’s lawyer’ leads MSBA

Attorney Paul Floyd, the new Minnesota State Bar Association president, is approaching his term as a[...]

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