St. Mary's University
School of Law

St. Mary's Law Journal
One Camino Santa Maria
San Antonio, Texas 78228
Phone: (210) 436-3525

First journal - St. Mary's Law Journal

Journal on Legal Malpractice & Ethics
Recent Issues

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

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