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Full-Text Articles in Legal Ethics and Professional Responsibility

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth Jan 2004

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth

St. Mary's Law Journal

What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …


Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler Jan 2004

Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler

St. Mary's Law Journal

Abstract Forthcoming.


Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch Jan 2004

Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch

St. Mary's Law Journal

Professional ethics for corporate counsel in the European Union (EU) differs from the standards required in the United States. Consequently, conflicts may arise when US corporations deal with EU countries. For instance, if an issue regarding confidentiality emerges, the company bears the burden to prove to the European Commission that a particular document is protected from disclosure. Under EU’s Regulation 17, the European Commissioner has broad powers to investigate and adjudicate suspected violations of EU competition law. The Commissioner is the equivalent of an investigator, prosecutor, judge, and jury, all rolled into one. If a communication from a company was …


Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs Jan 2004

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs

St. Mary's Law Journal

Plaintiffs and defendants in tort litigation by or against a probate estate can be better-litigated in statutory probate court. Since the 1970s, Texas probate courts have steadily risen to power. The Texas Supreme Court attempted to curtail this practice in Seay v. Hall. The Texas legislature overruled Seay and continued to expanded the jurisdiction of statutory probate courts. Despite the continuing “merry dance” between the legislation and judicial review, the legitimate purpose of expanding lawsuits to probate court remains that of efficiently resolving lawsuits linked to guardianship or decedents’ estates while preserving all parties’ interests. The author uses an example …


Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk Jan 2004

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.


Dec. 2003, Cao Operational Guidelines. Consultation Draft., Cao Dec 2003

Dec. 2003, Cao Operational Guidelines. Consultation Draft., Cao

CAO General 1999-Present

No abstract provided.


Ifc, Safeguard Policies Gap Analysis, By J. Thorpe, Sustainability, Nov. 2003, Jodie Thorpe, Seb Beloe, Philippa Moore, Peter Zollinger Nov 2003

Ifc, Safeguard Policies Gap Analysis, By J. Thorpe, Sustainability, Nov. 2003, Jodie Thorpe, Seb Beloe, Philippa Moore, Peter Zollinger

IFC E&S Performance Standards

No abstract provided.


Oct. 2003, Cao. Intent Behind Ifc's Safeguard Policies. Generally Accepted Interpretation For Audit Purposes., Cao Oct 2003

Oct. 2003, Cao. Intent Behind Ifc's Safeguard Policies. Generally Accepted Interpretation For Audit Purposes., Cao

CAO General 1999-Present

No abstract provided.


July 24. 2003, B. Dysart, T. Murphy, A. Chayes. Beyond Compliance. External Review Of Cao., Ben Dysart, Tim Murphy, Antonia Chayes Jul 2003

July 24. 2003, B. Dysart, T. Murphy, A. Chayes. Beyond Compliance. External Review Of Cao., Ben Dysart, Tim Murphy, Antonia Chayes

CAO General 1999-Present

No abstract provided.


July 2003, Status Of The Response By The Office Of The Compliance Advisor, Cao Jul 2003

July 2003, Status Of The Response By The Office Of The Compliance Advisor, Cao

CAO General 1999-Present

No abstract provided.


Memo To M. Aizawa, Ifc Frm D. Hunter, An Ifc Policy On Procedures For Revising Policies, June 2003, David Hunter Jun 2003

Memo To M. Aizawa, Ifc Frm D. Hunter, An Ifc Policy On Procedures For Revising Policies, June 2003, David Hunter

IFC E&S Performance Standards

No abstract provided.


May 1-2, 2003, Cao. Advisory Role Activities. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. Advisory Role Activities. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.


May 1-2, 2003, Cao. Human Rights Context. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. Human Rights Context. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.


May 1-2, 2003, Cao. Powerpoint Presentations On Cao Activities To Reference Group. Compliance Audit Role, Cao May 2003

May 1-2, 2003, Cao. Powerpoint Presentations On Cao Activities To Reference Group. Compliance Audit Role, Cao

CAO General 1999-Present

No abstract provided.


May 1-2, 2003, Cao. The Cao Website. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. The Cao Website. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.


May 1-2, 2003, Cao. Activities Under The Ombudsman Role. Background Note For Reference Group, Cao May 2003

May 1-2, 2003, Cao. Activities Under The Ombudsman Role. Background Note For Reference Group, Cao

CAO General 1999-Present

No abstract provided.


May 1-2, 2003, Cao. External Review. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. External Review. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.


May 1-2, 2003, Cao. Strategic Planning Process. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. Strategic Planning Process. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.


April 18, 2003, Cao. Ltr From M. Taylor To Reference Group Re Annual Mtg., Meg Taylor Apr 2003

April 18, 2003, Cao. Ltr From M. Taylor To Reference Group Re Annual Mtg., Meg Taylor

CAO General 1999-Present

No abstract provided.


M. Cochester, Fpp, An Ngo Guide Toworld Bank's New Forests Policy, April 2003, Ifc Apr 2003

M. Cochester, Fpp, An Ngo Guide Toworld Bank's New Forests Policy, April 2003, Ifc

IFC E&S Performance Standards

No abstract provided.


April 2003, Cao. Extracting Sustainable Advantage. Rev. Of Ifc And Miga Extractive Projects. Final Report., Cao Apr 2003

April 2003, Cao. Extracting Sustainable Advantage. Rev. Of Ifc And Miga Extractive Projects. Final Report., Cao

CAO General 1999-Present

No abstract provided.


January 2003, Cao, A Review Of Ifc's Safeguard Policies, Cao Jan 2003

January 2003, Cao, A Review Of Ifc's Safeguard Policies, Cao

CAO General 1999-Present

No abstract provided.


2003 (Undated), Cao. External Review Team Draft Terms Of Reference, Cao Jan 2003

2003 (Undated), Cao. External Review Team Draft Terms Of Reference, Cao

CAO General 1999-Present

No abstract provided.


Law School Branding And The Future Of Legal Education., Michael Ariens Jan 2003

Law School Branding And The Future Of Legal Education., Michael Ariens

St. Mary's Law Journal

It is too early to determine if law school branding will have a positive or a negative effect on legal education. A recent shift in legal education has led law schools to consciously brand themselves, claiming an educational distinctiveness in selling their services to consumers. Branding is an attempt to create a desire in targeted prospective students to join the branded law school. Although a law school may brand itself by claiming it delivers an excellent legal education, branding is about distinctiveness, not quality. Law schools have used a number of approaches to attract students, including aggressive marketing of a …


Separation V. Patriotism: Expelling The Pledge From School., Bill W. Sanford Jr. Jan 2003

Separation V. Patriotism: Expelling The Pledge From School., Bill W. Sanford Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Rethinking The Prohibition Of Death Row Prisoners As Organ Donors: A Possible Lifeline To Those On Organ Donor Waiting Lists., Donny J. Perales Jan 2003

Rethinking The Prohibition Of Death Row Prisoners As Organ Donors: A Possible Lifeline To Those On Organ Donor Waiting Lists., Donny J. Perales

St. Mary's Law Journal

Organ transplantation continually brings hope and new life to thousands of patients suffering from a myriad of diseases. Despite the advances in medical science and the increased survival rates of organ recipients, many are unable to receive an organ transplant because the demand for organs drastically exceeds the available supply. Much of the organ deficit lies in the current system of organ procurement. The altruism-based organ system leaves the donative decision to the individual; however, it is this system which hinders effective organ procurement. Under this system, the donor must give prior consent before a doctor can remove any organ. …


Dealing With Default Judgements., Julia F. Pendrey, Shawn M. Mccaskill, Hilaree A. Casada Jan 2003

Dealing With Default Judgements., Julia F. Pendrey, Shawn M. Mccaskill, Hilaree A. Casada

St. Mary's Law Journal

Abstract Forthcoming.


Novel Issues, Futile Issues, And Appelate Advocacy: The Troubling Lessons Of Bousley V. United States., Henry J. Bemporad, Sarah P. Kelly Jan 2003

Novel Issues, Futile Issues, And Appelate Advocacy: The Troubling Lessons Of Bousley V. United States., Henry J. Bemporad, Sarah P. Kelly

St. Mary's Law Journal

Bousley v. United States may require appellate attorneys to raise meritless claims in order to preserve them for habeas review in the event of a change in the law. Bousley is a habeas corpus case involving the “procedural default” doctrine. The doctrine states that a prisoner may only raise issues that have been adequately preserved, and if not preserved, they have defaulted on their claims. Bousley looked with critical hindsight at the decisions made by appellate counsel and punished the defendant for their lawyer’s failure to preserve an issue rejected by eleven courts of appeals—including the court before which the …


Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith Jan 2003

Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith

St. Mary's Law Journal

Interest on Lawyers Trust Account (IOLTA) programs recently survived a constitutional challenge. IOLTA programs require interest earned from trust accounts deposited with client money to fund legal services for the poor. Many states, including Texas, maintain a mandatory IOLTA program, requiring all lawyers who handle client funds to participate. Proponents of IOLTA argue it benefits civil justice. Opponents argue it is an unconstitutional taking in violation of the Fifth Amendment. The Fifth Circuit held IOLTA accounts to be an unconstitutional taking of client property. The Ninth Circuit, however, found IOLTA accounts constitutional, holding that IOLTA accounts are not a taking …


Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez Jan 2003

Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez

St. Mary's Law Journal

This Comment proposes that accountants be held liable to any foreseeable user of their work product to ensure the deterrence of negligence on their part. Currently, the three main common law theories concerning whether nonclients can sue accountants for negligence are: (1) the privity rule; (2) the Restatement (Second) of Torts § 552; and (3) the foreseeability standard. Many states follow the Restatement approach entitled “Information Negligently Supplied for the Guidance of Others.” Texas imposes liability on accountants but fails to extend protections to third parties who rely upon the accuracy of financial statements. Further, Texas liability does not expose …