Disparities in Legal Ethical Standards between State and Federal Judicial Systems: an Analysis and a Critique.

Georgetown Journal of Legal Ethics, Vol. 13, Summer 2000

Posted: 5 Feb 2009 Last revised: 10 Feb 2009

See all articles by David C. Hricik

David C. Hricik

Mercer University - Walter F. George School of Law

Jae Ellis

Deloitte Services, LP

Abstract

This article analyzes the historical reasons for the development of disparate ethical rules in state and federal court, attributing the difference in standards to: the growth in the number of ethics codes over the last quarter of the Twentieth Century; the lack of a set of rules designed to apply directly to ethical (as opposed to disciplinary) matters; and the virtual elimination of federal appellate review. The article then identifies numerous critical differences between the standards applied in state and federal court in Texas, and seeks to explain the differences in terms of values emphasized in the different systems.

Keywords: Fifth Circuit, Texas, professional responsibility, legal ethics, disqualification, substantial relationship, conflicts of interest, ethics, malpractice

JEL Classification: E4

Suggested Citation

Hricik, David C. and Ellis, Jae, Disparities in Legal Ethical Standards between State and Federal Judicial Systems: an Analysis and a Critique.. Georgetown Journal of Legal Ethics, Vol. 13, Summer 2000, Available at SSRN: https://ssrn.com/abstract=258888

David C. Hricik (Contact Author)

Mercer University - Walter F. George School of Law ( email )

1021 Georgia Ave
Macon, GA 31207-0001
United States

Jae Ellis

Deloitte Services, LP ( email )

2200 Ross Avenue, Suite 1600
Dallas, TX 75201
United States

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