Law Commons^™

Long Live Bohatch: Why A Law Firm Partner Can Be Expelled For Following The Rules Of Professional Conduct, David A. Grenardo

Faculty Articles

No abstract provided.

Disqualifying Defense Counsel: The Curse Of The Sixth Amendment, Keith Swisher

St. Mary's Journal on Legal Malpractice & Ethics

Lawyer disqualification—the process of ejecting a conflicted lawyer, firm, or agency from a case—is fairly routine and well-mapped in civil litigation. In criminal cases, however, there is an added ingredient: the Sixth Amendment. Gideon, which is celebrating its fiftieth anniversary, effectively added this ingredient to disqualification analysis involving indigent state defendants although it already existed in essence for both federal defendants and defendants with the wherewithal to retain counsel. Once a defendant is entitled to counsel, the many questions that follow include whether and to what extent conflicts of interest—or other misconduct—render that counsel constitutionally ineffective. Most cases and commentary …

How Low Can You Go? Analyzing Deposition Misconduct And Avoiding Common Deposition Mistakes, David A. Grenardo

Faculty CLE

This article discusses attorney misconduct in cases from several jurisdictions that relate to the following common mistakes made concerning depositions: failure to prepare for a deposition, failure to act during a deposition, and coaching a witness. This article also provides practical insight on how to avoid these mistakes.

Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo

Faculty Articles

Despite the rise of voluntary civility codes and calls for professionalism, incivility persists in the legal profession. The practice of law is a privilege, not a right, and attorneys must be held to a higher standard of conduct as a lawyer is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice. The time for mandatory civility has long come, and all state bars should follow the lead of the few jurisdictions that have made civility mandatory.

This article examines what civility is, its importance, and the problem …

Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling

St. Mary's Law Journal

“Extreme [attorney] misconduct may warrant an extreme remedy.” Fee forfeiture certainly constitutes an extreme remedy, at least compared to the ordinary remedy for violation of a legal duty. But neither the degree to which the remedy is extreme nor how extreme the misconduct must first be before the forfeiture becomes appropriate is apparent in light of the Texas Supreme Court’s decision in Burrow v. Arce. Understanding the confusion which has arisen with regard to Burrow’s impact depends in large measure on a thorough evaluation of (1) the basis for the court’s determinations relating to forfeiture, (2) the sources from which …