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

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