The Thirteenth Annual Symposium on Legal Malpractice & Ethics will feature discussion of practical issues that attorneys and judges face daily, as well as forward looking trends in the legal malpractice and ethics fields. 6CLE hours, includes 2.25 hours Ethics.
Is Litigation Counsel Who Also Engages in Competitive Decision-Making Wrong for the Part?
David Hricik is a national expert on law at the intersection of legal ethics and patent law. He has authored and co-authored the two treatises on the subjects of ethics in patent prosecution and litigation, led committees of national organizations, and served as an expert to lawyers and to the U.S. Patent and Trademark Office. In 2012–13, Professor Hricik clerked for the Honorable Randall R. Rader, Chief Judge of the Federal Circuit.
How Do You Rate Your Lawyer?: Lawyers’ Responses to Online Reviews of Their Services
Laurel Rigertas teaches Professional Responsibility, Torts, Advanced Torts and Lawyering Skills at Northern Illinois University College of Law. Her research and scholarship focus on the legal profession, particularly in the areas of ethics, professionalism, and access to legal services. Prior to joining the NIU law faculty in 2006, Professor Rigertas practiced complex commercial litigation as a partner with Michael Best & Friedrich LLP in Chicago, which she joined in 1999 as an associate. Professor Rigertas began her law career at Jenner & Block in Chicago after graduating magna cum laude from the University of Minnesota Law School in 1997.
“Payability” as the Logical Corollary to “Collectibility” in Legal Malpractice
Daniel Tostrud is a member in the law firm of Cobb Martinez Woodward PLLC in Dallas, Texas. For over 23 years, Mr. Tostrud has devoted the vast majority of his law practice to representing lawyers, accountants, and other professionals in malpractice claims, administrative proceedings, and fee disputes. Mr. Tostrud frequently speaks both locally and nationally on risk management, conflicts and other ethical issues, and strategy in defending malpractice claims. D MAGAZINE has chosen Mr. Tostrud as one of the Best Lawyers in Dallas in 2012 and 2013, and TEXAS MONTHLY named him a Texas Super Lawyer every year since 2004. Mr. Tostrud received his law degree from Baylor University in 1989.
Lawyer Disqualification and the Sixth Amendment
Keith Swisher is Associate Dean of Faculty Development and Associate Professor of Law at Phoenix School of Law. He teaches Professional Responsibility and Torts, and his practice includes criminal law and ethics consulting. He is also a member of the State Bar’s Committee on the Rules of Professional Conduct (Ethics Committee) and received the ABA’s Rosner & Rosner Young Lawyer Professionalism Award in 2011. Before joining Phoenix Law in 2009, he was an adjunct professor at Arizona State University College of Law, practiced at Osborn Maledon, and clerked for the Honorable William C. Canby of the Ninth Circuit. Professor Swisher authors “The Judicial Ethics Forum” blog, and maintains his most recent articles, including writings on legal ethics and disqualification, on SSRN.
Why Do Lawyers Do the Ethical Things They Do?
James E. Moliterno is the Vincent L. Bradford Professor of Law at Washington & Lee University School of Law, and serves in a leadership role in W&L’s third year curriculum reform. For 21 years prior to joining the W&L faculty in 2009, he was the Tazewell Taylor Professor of Law, Director of the Legal Skills Program, and Director of Clinical Programs at the College of William & Mary. Professor Moliterno was the 2012 recipient of the Rebuilding Justice Award from the Institute for the Advancement of the American Legal System (IAALS) in recognition of his career-long legal education reform work. He is the author or co-author of ten books including The American Legal Profession in Crisis: Resistance and Responses to Change (Oxford Univ. Press 2013) and of numerous articles on legal ethics and legal education. He has engaged in substantial international legal ethics and legal education reform work in Serbia, Armenia, Georgia, the Czech Republic, Kosovo, Slovakia, Spain, Japan, China, Indonesia and Thailand.
John Keyser earned a B.S. and M.S. degree from Virginia Tech in Sociology with concentrations in Criminology and Quantitative Methods. He taught in and coordinated the Criminal Justice program and was the Assistant Director of the Center for Community Research at Roanoke College. He was the founder and President of BKW Research Group, a social and marketing research firm in Virginia. He moved to Washington & Lee in 1997 where he served most recently as the Associate Dean for Administration. In his capacity as the Associate Dean, John oversaw Institutional Research, Finance, Facilities and Technology Services.
The Role of Ethics Audits in Improving Ethical Conduct and Risk Management in Law Firms
Susan Saab Fortney serves as the Howard Lichtenstein Distinguished Professor of Legal Ethics and Director of the Institute for the Study of Legal Ethics at Maurice A. Deane School of Law at Hofstra University. Professor Fortney has conducted various empirical studies on law firm ethics and liability. She works with numerous bodies including THE PROFESSIONAL LAWYER, the State Bar of Texas Committee on the Disciplinary Rules of Professional Conduct, and the National Conference of Bar Examiners Committee, which drafts the Multistate Professional Responsibility Examination. TEXAS LAWYER newspaper selected her as one of the Thirty Extraordinary Women in Texas Law. In 2010, the Texas Bar Foundation awarded her the Lola Wright Foundation Award for outstanding public service in advancing legal ethics. She is a member of the American Law Institute, the Texas Bar Foundation, and the American Bar Foundation.
Mindful Ethics—A Pedagogical and Practical Approach to Developing Professional Identity, Enhancing Legal Ethics and Encouraging Civility
Jan L. Jacobowitz is a Lecturer in Law and Director of the Professional Responsibility & Ethics Program (PREP) at the University of Miami School of Law. Under Professor Jacobowitz’s direction, PREP received a 2012 E. Smythe Gambrell Professionalism Award for outstanding professionalism programming from the Standing Committee on Professionalism of the American Bar Association. Professor Jacobowitz has presented dozens of ethics seminars. She has spoken and written on various legal ethics topics, including social media, advertising, and mindful ethics. Professor Jacobowitz is the co-author of the book, Mindfulness & Professional Responsibility—Incorporating Mindfulness into the Law School Curriculum.
Scott Rogers founded and directs the University of Miami School of Law’s Mindfulness in Law Program. A nationally recognized leader in the field of mindfulness and the law, Professor Rogers began introducing mindfulness to lawyers, law students, law faculty and judges in 1998. Professor Rogers is the creator of Jurisight®, one of the first programs in the country to integrate mindfulness and the law. His mindfulness workshops were among the first to offer CLE credits and bring neuroscience research into the conversation. Professor Rogers is the author of Mindfulness for Law Students, which is used in law schools across the country, and Mindful Parenting. He is also a co-author with Jan Jacobowitz, of Mindfulness & Professional Responsibility—Incorporating Mindfulness into the Law School Curriculum.
Navigating the Pitfalls of Implicit Bias: A Cognitive Science Primer for Civil Litigators
Nicole Negowetti is an Assistant Professor of Law at Valparaiso University Law School. She teaches Torts, Food Law & Policy, Pretrial Litigation Drafting, and Legal Writing. Professor Negowetti’s research interests include judicial decisionmaking, law and cognitive science, legal ethics, and food law. Prior to joining the Valparaiso faculty, Professor Negowetti practiced commercial and employment litigation at Sheehan Phinney Bass + Green PA in Manchester, N.H. After graduating magna cum laude from the University of New Hampshire School of Law, Professor Negowetti clerked for the Honorable Carol Ann Conboy of the New Hampshire Supreme Court.
When & Where
St. Mary's Law Journal
Founded in 1969, the St. Mary's Law Journal has enjoyed an exceptional past. Built on a "practitioner's journal" platform, the Journal has contributed immensely to the legal community both in the State of Texas and on a national level. From the very first article printed to those we publish today, the St. Mary's Law Journal has endeavored to provide members of the bench and bar timely, relevant scholarship.
Since the Journal's inception, over 1,400 St. Mary's law students have dedicated thousands of hours to the Journal as staff writers, associate editors, or members of the editorial board. In contributing to the St. Mary's Law Journal, these students have engaged in challenging research, writing, and editorial projects which immeasurably add to their depth as future attorneys, judges, professors, and members of the political and business communities.