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Home>William J. Wernz

William J. Wernz

Recent Articles from William J. Wernz

All News April 10, 2017

Quandaries and Quagmires: Board forbids lawyer self-defense in public forum

Board Opinion 24 advises that a lawyer may not disclose client information to defend against the client’s accusation of wrongful conduct.

All News January 19, 2017

Quandaries and Quagmires: When joint clients split, what’s a lawyer to do?

OLPR conflicted on representation adverse to former client

All News October 13, 2016

Quandaries and Quagmires: Lawyers Board Opinion 24: some questions

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

All News August 18, 2016

Quandaries and Quagmires: Violence, coercion and discipline

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

All News April 7, 2016

Quandaries and Quagmires: Words matter – especially in lawyer discipline cases

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

All News December 3, 2015

Quandaries and quagmires: Discipline for disproportionate contingent fee

Minnesota Lawyer this week introduces a new monthly ethics column, “Professional Quandaries and Quagmires.”

All News July 9, 2010

Lawyer whistleblower ethics issues — a difficult duty

How should an in-house lawyer’s employment rights and duties be balanced with the ethics and fiduciary obligations of confidentiality? In Kidwell v. Sybaritic (Minn. June 24, 2010) the plurality opinion provides the civil law answer to this question, leaving the ethics debate to the concurrence and dissent. This question is also addressed in Nordling v. Northern States Power, Co., 478 N.W.2d 498[...]

All News December 10, 2007

Confidentially speaking, the ethics rules can be tricky

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

All News December 3, 2007

Confidentially speaking, the ethics rules can be tricky

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

All News October 30, 2006

‘Pretexting,’ prevaricating and getting the facts

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

All News October 30, 2006

‘Pretexting,’ prevaricating and getting the facts

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

All News October 30, 2006

‘Pretexting,’ prevaricating and getting the facts

Are the comments to the Rules of Professional Conduct a basis for discipline, or “guides to interpretation,” or are they published merely “for convenience?” May the Office of Lawyers Professional Responsibility (OLPR) use the comments for discipline purposes? These are important questions, especially because the text of the 400-plus comments now far exceeds that of [...]

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