St. Mary’s Journal on Legal Malpractice & Ethics

Volume 7 Number 2

ARTICLES
Professional Responsibility of the Criminal Defense Lawyer Redux: The New Three Hardest Questions
Todd A. Berger

Ethics and the “Root of All Evil” in Nineteenth Century American Law Practice
M.H. Hoeflich

Electronic Social Media: Friend or Foe for Judges
The Honorable M. Sue Kurita

Reforming Recusal Rules: Reassessing the Presumption of Judicial Impartiality in Light of the Realities of Judging and Changing the Substance of Disqualification Standards to Eliminate Cognitive Errors
Melinda A. Marbes

Alternative Business Structures: Good for the Public, Good for the Lawyers
Jayne R. Reardon

The Ambulance Chasing Epidemic in Texas
Ronald Rodriguez

COMMENT
Conflicts of Interest for Former Law Firm Clerks Turned Lawyers
Daniel Haley

Volume 7 Number 1

ARTICLES
The Impact of Technological Developments on the Rules of Attorney Ethics Regarding Attorney-Client Privilege, Confidentiality, and Social Media
Pamela A. Bresnahan
Lucian T. Pera

Am I a “Licensed Liar”?: An Exploration into the Ethic of Honesty in Lawyering . . . and a Reply of “No!” to the Stranger in the La Fiesta Lounge
Josiah M. Daniel, III

Responding to Judicial and Lawyer Misconduct: Analyzing a Survey of State Trial Court Judges
Dr. Peter Koelling

Volume 6 Number 2

ARTICLES
Navigating Some Deep and Troubled Jurisprudential Waters: Lawyer–Expert Witnesses and the Twin Dangers of Disguised Testimony and Disguised Advocacy
W. William Hodes

Can Courts Require Civil Conduct?
Justice Douglas S. Lang
Haleigh Jones

Legal Marketing Through the Decades: Pitfalls of Current Marketing Trends
Tanya M. Marcum
Elizabeth M. Campbell

ESSAYS
Avoiding Grievances: 25 Things You Can Do
David Bright

Weathering the Worst Storm: How Attorneys Might Successfully Defend Their Reputation Against Attack from the Bench
Giel Stein

COMMENTS
The Texas An Analysis of Austin Lawyers Guild v. Securus Technologies, Inc.: The Constitutional and Ethical Implications of Using Illegally Recorded Attorney–Client Telephone Conversations as Derivative Evidence
Christina Santos

Clearing the Smoke: The Ethics of Multistate Legal Practice for Recreational Marijuana Dispensaries
Eric Mitchell Schumann

Volume 6 Number 1

ARTICLES
Personal Jurisdiction in Legal Malpractice Litigation
Cassandra Burke Robertson

Everyone Makes Mistakes: Attorney’s Fee Recovery in Legal Malpractice Suits
Sande L. Buhai

Judicial Disqualification and Recusal in Criminal Cases
Edward L. Wilkinson

COMMENTS
The Texas Lawyer’s Creed: Exploring Its Origin and Impact over the Last Quarter Century
Alicia M. Grant

Use of Expunged Records in Attorney-Disciplinary Proceedings
Roland Ramos

Volume 5 Number 2

ARTICLES
Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns
Gerry W. Beyer

Characterizing Ghostwriting
Debra Lyn Bassett

Controversial Defenses to Legal Malpractice Claims: Are Attorney-Experts Being Asked to Be Advocates?
David S. Caudill

A Professional (Lack of) Courtesy: The Emergence of Expert Testimony in Legal and Medical Malpractice Cases
Jeffrey I.H. Soffer

 Volume 5 Number 1
Intra Law Firm Communications Regarding Questionable Attorney Conduct
Evan King
Jeffrey A. Parness

Proof of Exoneration in Legal Malpractice Cases: The Peeler Doctrine and Its Limits in Texas and Beyond
John G. Browning
Lindsey Rames

The Agony of Modern Legal Ethics, 1970–1985
Michael Ariens

The Qualified Privilege of Texas Lawyers to Defend Their Reputations
Clement J. Haynes

Volume 4 Number 1
Why Lawyers Do What They Do (When Behaving Ethically)
James Moliterno
John Keyser

“Nudging” Better Lawyer Behavior: Using Default Rules and Incentives to Change Behavior in Law Firms
Nancy B. Rapoport

The Role of Ethics Audits in Improving Management Systems and Practices: An Empirical Examination of Management-Based Regulation of Law Firms
Susan Saab Fortney

Is Litigation Counsel Who Also Engages in Competitive Decision-Making Wrong for the Part?
David Hricik

Mindful Ethics—A Pedagogical and Practical Approach to Teaching Legal Ethics, Developing Professional Identity, and Encouraging Civility
Jan L. Jacobowitz
Scott Rogers

How Do You Rate Your Lawyer? Lawyers’ Responses to Online Reviews of Their Services
Laurel A. Rigertas

Navigating the Pitfalls of Implicit Bias: A Cognitive Science Primer for Civil Litigators
Nicole E. Negowetti

The Corporate Attorney as “Internal” Gatekeeper and the In Pari Delicto Defense: A Proposed New Standard
Kevin H. Michels

Disqualifying Defense Counsel: The Curse of the Sixth Amendment
Keith Swisher

“Payability” as the Logical Corollary to “Collectibility” in Legal Malpractice
Daniel D. Tostrud

Online Legal Advice: Ethics in the Digital Age
Paige A. Thomas

Volume 3 Number 1
“A Scout Is Trustworthy”: Applying Virtue Ethics to Lawyer Professionalism
Justice Jeff Brown

The Advent of State And Local Lobby Regulations and the Legal and Ethical Considerations for Attorneys
Ross Fischer
Jack Gullahorn

Regulating the Behavior of Lawyers in Mass Individual Representations: A Call for Reform
Richard Zitrin

The Accidental Lawyer: A Law and Economics Perspective on Inadvertent Waiver
Ido Baum

The Litigation Privilege in Texas
Sam Johnson

Keep Your “Friends” Close and Your Enemies Closer: Walking the Ethical Tightrope in the Use of Social Media
John G. Browning

The Limited Power of the Bar to Protect Its Monopoly
Zachary C. Zurek

Introduction
Kathryn A. Stephens

Guilt by Association: How “Standby Co-Counsel” Exposes Attorneys to Malicious Prosecution Liability
Colleen V. Lisowski

How an Obscure Tennessee Opinion Uncovers the Veil of Legal Malpractice between Asset-Protection Trusts and the Uniform Trust Code
Charles Epps Ipock

Evidentiary Standards in the Legal Malpractice Trial-Within-a-Trial
F. Parks Brown

Arbitration Clauses in Fee Retainer Agreements
Chrissy L. Schwennsen

Can Federal Courts Exercise Jurisdiction Over State Law Malpractice Claims Arising out of Patent Law Disputes?
Isaac C. Ta

Volume 2 Number 1
Social Networking and Judicial Ethics
Craig Estlinbaum

Order in the Court!: Ethical Conduct in a Criminal Trial Under the Texas Disciplinary Rules
Edward L. Wilkinson

Why Your Secretary Is Really Worth a Million Dollars: Exploring the Harsh Penalty for Not Proofreading Your Fee Agreements in Anglo-Dutch Petroleum v. Greenberg Peden
James M. “Jamie” Parker, Jr.
J.K. Leonard

The Roles of Attorneys As Courtroom Experts: Revisiting the Conventional Limitations and Their Exceptions
David S. Caudill

Taking Limited Representation to the Limits: The Efficacy of Using Unbundled Legal Services in Domestic-Relations Matters Involving Litigation
Michele N. Struffolino

Malpractice Liability Related to Foreign Outsourcing of Legal Services
Vincent R. Johnson
Stephen C. Loomis

Civility and Collegiality—Unreasonable Judicial Expectations for Lawyers As Officers of the Court?
Lonnie T. Brown, Jr.

Reinventing the Wheel: Constructing Ethical Approaches to State Indigent Legal Defense Systems
Bill Piatt

First, Do No Harm: The Consequences of Advising Clients About Litigation Alternatives in Medical Malpractice Cases
Katerina P. Lewinbuk

Volume 1 Number 1
Professional Responsibility for the Pro Se Attorney
Margaret Raymond

Legal Malpractice Litigation and the Duty to Report Misconduct
Vincent R. Johnson

An Article We Wrote to Ourselves in the Future: Early 21st Century Views on Ethics and the Internet
David Hricik
Prashant Patel
Natasha Chrispin

Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers
Tracy Walters McCormack
Susan Schultz
James McCormack

Ethically Handling the Receipt of Possibly Privileged Information
James M. Fischer

Practical Ethics for the Professional Prosecutor
Enrico B. Valdez

Circular 230: New Rules Governing Practice Before the IRS
C. John Muller IV

Shifting the Burden of Proof on Causation in Legal Malpractice Actions
Jeffrie D. Boysen

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