Browse Items (1488 total)

Gonzalez_Article.pdf

GermanoFinal.pdf

Gedid_Step 12.pdf

Garza-printing.pdf

Flint_Step_12.pdf

Flint_Step12.pdf

Flint.pdf

Fischer_final.pdf

Finkelman-Step-12-Revised-FINAL.pdf

Estlinbaum_Final.pdf

Daniel-_Final-File.pdf
After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that,…

Crespi_Step11_Final_V2.pdf
Uniform Commercial Code Section 2-725 sets forth the Statute of Limitations that is applicable to U.C.C. Article 2 sale-of-goods transactions. There is a fairly extensive body of literature that analyzes the numerous problems and litigation that this…

Caudill_Step12-Hayes-Final.pdf
Attorney-experts in legal malpractice litigation are like many
other experts. Although easily distinguishable from experts offering science-based testimony, attorney expertise is similar to that of witnesses offering experience-based testimony, and…

Caudill_Final.pdf
This Article examines whether attorneys should be allowed to
testify as legal experts, especially in the legal malpractice context. This Article starts by addressing the unclear distinction between questions of law and fact and reviews several…

Cameron_Comment.pdf
Due process is a cornerstone of American law, and although its meaning is not always clear, it requires that every person—regardless of race, wealth, national heritage, ethnicity, or other classification—be given notice and a meaningful…

Buttaro-Step-12-REVISED-FINAL.pdf
This Article examines the background and passage of the Posse Comitatus Act of 1878.

Buhai_FINAL-FINAL.pdf
This Article argues that the American Rule should be changed for legal malpractice suits because the attorney–client relationship is the quintessential fiduciary relationship and because of the added concern of unequal information available to each…

Brown_final3.pdf
This Article advocates the employment of the twelve-point Scout Law of the Boy Scouts of America as a professional ethics guide for lawyers. The Article begins by briefly relating the history of virtue ethics as a philosophical field of study and…

Brown_Final2.pdf
This Article argues that it would be preferable for courts to define sanctionable officer-of-the-court duties by reference to well-defined, existing procedural and ethical norms, thereby enhancing predictability and imbuing the label with much-needed…

Browning_final.pdf
This Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct.

BrowningFinal.pdf
This article examines the requirements of “actual innocence” or exoneration as a prerequisite for bringing a claim of legal malpractice against a criminal defense attorney. It analyzes the public policy underpinnings and differing approaches…

Bright_Final.pdf
Despite the high probability lawyers face of having grievances filed against them, there are best practices a lawyer can follow to lower the risk of facing a charge. The purpose of this Essay is to identify the most common situations that give rise…

Bresnahan_Final-Files.pdf
This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0166_Struffolino_Final.pdf
The use of unbundled legal services is nothing new in this country, and it is often preferable to no representation at all. The Model Rules of Professional Conduct expressly permit attorneys to provide limited representation to their clients.…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0136_Caudill_Final.pdf
This Article examines whether attorneys should be allowed to testify as legal experts, especially in the legal malpractice context. This Article starts by addressing the unclear distinction between questions of law and fact and reviews several recent…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0104_Parker_Final.pdf
This Article examines the Texas Supreme Court’s decision in Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, P.C. Next, this Article discusses the decision in light of other cases dealing with attorney–client contract issues. Then,…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0030_Wilkinson_Final.pdf
In a criminal trial, the most common ethical duties implicated are the duty of candor to the tribunal, maintaining the impartiality and integrity of the tribunal, and the fairness of the proceeding as a whole. Under the Texas Disciplinary Rules of…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0002_Estlinbaum_Final.pdf
Social media, like any public communication form, presents special ethical challenges for judges. In recent years, judicial ethics committees in various states have weighed in on these questions and have not shown any clear consensus. However, it is…

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0284_Muller_Step12.pdf
This Article addresses the issue of tax preparer oversight. Currently, anyone may prepare a tax return for a fee. However, those preparers who are not lawyers, certified public accountants, or authorized to practice before the IRS are not required to…

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0250_Valdez_Step12.pdf
In Brady v. Maryland, the United States Supreme Court held that the prosecution’s withholding of material exculpatory evidence violated the defendant’s due process rights regardless of the absence of bad faith. The implications of this duty can…

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0200_Fischer_Step12.pdf
Inadvertently sent e-mails that contain privileged information, material negligently included in a discovery response, or employer’s documents taken by a whistle-blower all share a common theme—the materials were not intended to be disclosed to…

Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers
This Article probes the fundamental assumptions behind the use of mandatory or court-ordered mediation. The authors question the predominant use of standing rules or judicial practices referring cases to mediation. These referrals are inconsistent…

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0114_Hricik_Step12.pdf
Written from the viewpoint of the year 2050, this Article discusses the clash between legal ethics and the technological revolution of the early twenty-first century. As a result of ethics rules being applied to new technologies in ways never…

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0040_Johnson_Step12.pdf
Lawyers participating in legal malpractice litigation sometimes encounter evidence of serious disciplinary rule violations. Whether, and how soon, those lawyers are required to report this information to grievance authorities is a question that has…

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0002_Raymond_Step12.pdf
This Article considers how pro se lawyers should be treated under the law of professional responsibility. While courts have addressed whether various aspects of the law of lawyering should be applied to lawyers acting pro se, they have not done so…

Higginbotham Quick Index to Antitrust.pdf

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