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Full-Text Articles in Law
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
St. Mary's Journal on Legal Malpractice & Ethics
Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …
Conflicts Of Interest For Former Law Firm Clerks Turned Lawyers, Daniel Haley
Conflicts Of Interest For Former Law Firm Clerks Turned Lawyers, Daniel Haley
St. Mary's Journal on Legal Malpractice & Ethics
There is no consensus for how the legal profession should treat a lawyer who has a conflict that arises from their time working as a law clerk while in law school. The majority of states allow a lawyer to be screened from participation if there is a conflict that arises from work they performed while still in law school. Nonetheless, not all states have adopted the Model Rules, and not all states that have adopted them accept and apply their rules uniformly. Clerkships are beneficial to both the student and the potential employer, and to limit these educational experiences due …
Addressing Cultural Bias In The Legal Profession, Debra Chopp
Addressing Cultural Bias In The Legal Profession, Debra Chopp
Articles
Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …