Browse Items (38 total)

Hodes_Final.pdf
Expert testimony is indispensable to the uniquely American system of adversary justice. Without the assistance of expert witnesses with specialized knowledge, based on either science or experience and practice, jury verdicts would often be the result…

Fischer_final.pdf
Advocacy is the primary goal and responsibility of two distinct and well-regulated professions: the lawyer and the lobbyist, each of whom is subject to his own set of rules and regulations. This Article is designed to analyze the intersection of the…

Estlinbaum_Final.pdf
Social network sites (SNSs) such as Facebook, LinkedIn, and
Twitter have become an increasingly ever-present feature in American life since first appearing in the late 1990s. SNSs now impact virtually all parts of daily life, and the judiciary is…

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,…

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…

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…

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…

5Jacobowitz_Final_Germano_Clean.pdf
Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation—an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of…

4Hricik_Germano_Final_Clean.pdf
In-house counsel wear different hats, and are often involved in business decisions regarding products, marketing, and other strategic issues. It was in this context that courts began to adopt protective orders that precluded in-house counsel who…

3Fortney_Germano_Final_Clean.pdf
For decades, legal malpractice experts have urged lawyers to implement risk management measures. To assist law firms in doing so, legal malpractice insurers have provided audit services and self-audit materials. Under the Australian regulatory…

2Rapoport_Final_Germano_Clean.pdf
In the changing landscape of law practice—where law firm profits are threatened by such changes as increased pressure from clients to economize and the concomitant opportunities for clients to shop around for the most efficient lawyers—are there…

1Moliterno_Final_Germano_Clean.pdf
Since the early 1990s, when David Wilkins published his influential paper “Who Should Govern Lawyers” in the Harvard Law Review, legal ethics scholars and professors have paid attention to the range of processes and devices that govern lawyer…
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