REPRESENTATION OF MULTIPLE PARTIES AND CONFLICTS OF …

REPRESENTATION OF MULTIPLE PARTIES AND CONFLICTS OF INTEREST

Written by: JESS IRWIN Presented by: JESS IRWIN Herring & Irwin, L.L.P. 701 Brazos Street, Suite 500 Austin, Texas 78701 JAMES McCORMACK Tomblin Carnes McCormack, L.L.P. 7004 Bee Caves Road, Building 1, Suite 205 Austin, Texas 78746

State Bar of Texas 23RD ANNUAL ADVANCED ADMINISTRATIVE LAW COURSE

June 30 ? July 1, 2011 Austin

CHAPTER 14

Jess M. Irwin III Herring & Irwin, L.L.P.

701 Brazos, Suite 500 Austin, Texas 78701

512/320-0665 herring-

EMPLOYMENT & EXPERIENCE

? From September, 1997, to the present I have been a partner in Herring & Irwin, L.L.P. in Austin, Texas.

? Following graduation from law school in 1977, I served as briefing attorney for Justice Price Daniel of the Texas Supreme Court. From 1978 until 1983, I was an associate and later a shareholder in the San Antonio law firm of Sawtelle, Goode, Davidson & Troilo. In 1983, I returned to my native Austin and joined Small, Craig & Werkenthin. After fourteen years with Small, Craig & Werkenthin, I joined with Chuck Herring to form Herring & Irwin, L.L.P. in 1997.

? I currently represent clients in a wide variety of matters, including legal ethics, legal malpractice, Bar admission and attorney discipline issues. I have broad civil litigation experience. During my 33+ years of practice, I have handled personal injury cases on both sides of the docket, commercial litigation, contract claims, consumer litigation and contested administrative proceedings.

LICENSURE

? Texas Supreme Court in November of 1977. ? Also licensed to practice in the United States District Courts for the Western, Southern, and

Northern Districts of Texas, and in the United States Court of Appeals for the Fifth Circuit.

EDUCATION

? BBA (Management) from the University of Texas in 1974. ? J.D. from the University of Texas School of Law in 1977; member of Phi Delta Phi Legal

Fraternity.

MISCELLANEOUS

? Fellow of the Texas Bar Foundation. ? "AV" rated by Martindale-Hubbell. ? Member of the Austin Bar Association. ? Member of the Texas Association of Defense Counsel.

JAMES M. McCORMACK Attorney and Counselor at Law 7004 Bee Caves Road, Building 1, Suite 205

Austin, Texas 78746 Office: 512-615-2408 Fax: 512-615-2420 Email: jmmccormack@austin.

EMPHASIZING LEGAL ETHICS AND LEGAL MALPRACTICE CONSULTATION

Mr. McCormack is the former General Counsel and Chief Disciplinary Counsel of the State Bar of Texas (1991-1996) and a former Managing Attorney of the Civil Litigation Section of the Travis County Attorney's Office in Austin, Texas. As the State Bar's Chief Disciplinary Counsel, he served as the chief legal ethics enforcement officer for the attorney discipline system in Texas. He is a graduate of the University of Texas at Austin: BBA with Honors, l981; Doctor of Jurisprudence, 1984.

Mr. McCormack also served as an adjunct professor of law at the University of Texas School of Law in Austin where he taught professional responsibility. He is a regular lecturer on legal ethics and malpractice issues. His article in the American Bar Association's Law Practice Management magazine entitled "Good Ethics, Smart Tactics" was named by the magazine as one of the top five articles of 1995.

From 1998 to 2004, Mr. McCormack served as a member of the State Bar's Texas Disciplinary Rules of Professional Conduct Committee, which is charged with recommending amendments to the Texas ethics rules.

He served as the Chairman of the Board of Trustees of the Texas Center for Legal Ethics and Professionalism (Chair-Elect, 2006-2007; Chairman 20072008; Immediate Past Chairman 2008-2009).

Mr. McCormack's Austin-based practice emphasizes legal ethics and legal malpractice consultation as well as practice management services for law firms across Texas. Past consultations include conflicts of interest analysis, mass tort settlements, disqualification motions, lawyer advertising and solicitation questions, organizational ethics reviews, expert testimony, representation before the Texas Board of Law Examiners, and other professional responsibility and malpractice-related counsel.

Martindale-Hubbell national legal directory peer-based rating: "AV" since 1994.

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