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Full-Text Articles in Law
Ethics: Lawyering And Professionalism., Broadus A. Spivey
Ethics: Lawyering And Professionalism., Broadus A. Spivey
St. Mary's Law Journal
Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
St. Mary's Law Journal
This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …
Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii
Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii
St. Mary's Law Journal
The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …