Malpractice & Ethics

Volume 8 Number 1


It’s a Trap! The Ethical Dark Side of Requests for Admission

Colin E. Flora


The Limited Duties of Lawyers to Protect the Funds and Property of Nonclients

Vincent R. Johnson


The Right to an Independent Judiciary and the Avoidance of Constitutional Conflict: The Burger Court’s Flawed Reasoning in Chandler v. Judicial Council of the Tenth Circuit and Its Unfortunate Legacy

Joshua Kastenberg


Keep Suing All the Lawyers: Recent Developments in Claims Against Lawyers for Aiding & Abetting a Client’s Breach of Fiduciary Duty

Katerina P. Lewinbuk



Uncharted Waters? Legal Ethics and the Benefit Corporation

Joseph Pileri



Better Briefs

Lydia Fearing

Volume 7 Number 2


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



Conflicts of Interest for Former Law Firm Clerks Turned Lawyers

Daniel Haley

Volume 7 Number 1


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


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 A. Campbell


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


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


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


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


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. Hayes

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


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