St. Mary's University
School of Law

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

First journal - St. Mary's Law Journal

Journal on Legal Malpractice & Ethics
Recent Issues

Volume 4 Number 1


ARTICLES

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



COMMENT

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



Volume 3 Number 1


ARTICLES

"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

COMMENT

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

CASE NOTES

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


ARTICLES

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


ARTICLES

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

COMMENT

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