SUSAN SAAB FORTNEY

2814 20th Street

Lubbock, Texas 79410

806-793-1018

CURRENT POSITION:	ASSOCIATE DEAN FOR STUDENT AFFAIRS

GEORGE H. MAHON PROFESSOR OF LAW

TEXAS TECH UNIVERSITY SCHOOL OF LAW

1992-present	Since joining the faculty, I have taught and prepared class materials for thirteen different courses.

1996-Texas Tech Ex-Students Association New Faculty Award;

1995-1996 Outstanding Professor Award selected by Law Students;

1996-1997 Outstanding Professor Award selected by Law Students (tied);
1999 Texas Tech Law School graduates created the Fortney Ethics Award;

2000 President's Excellence in Teaching Award–Law School Recipient;

2001 Fulbright Scholar teaching legal ethics in Slovenia;

2001 University of Ljubljana, Nomisma Honoris and D.D.D. Diploma;

2002 Law School Nominee, Chancellor's Distinguished Teaching Award

2002 Texas Tech Association of Parents--Spencer A. Wells Faculty Award–Campus-wide Award for the Most Valuable Contribution to Creative Excellence in Teaching.

2003 Most Influential Texas Tech Law Professor-- TEXAS LAWYER

Survey of Law Students

OTHER TEACHING EXPERIENCE:

1988-1991	ADJUNCT PROFESSOR

UNIVERSITY OF TEXAS SCHOOL OF LAW

Taught professional responsibility courses. Developed curriculum and materials. Using a problem-solving approach, I drew on my experience in handling legal malpractice cases and grievances against attorneys. Frequent conference lecturer on ethics, professional liability, and practice skills.

1981-1985	PART-TIME INSTRUCTOR, COLLEGE OF BUSINESS UNIVERSITY OF TEXAS AT ARLINGTON AND DALLAS

Taught advanced business courses and seminars in the undergraduate and graduate schools. The last course I taught in the Masters of Business Administration program was "The Legal Environment of Business."

EDUCATION:	Columbia University School of Law

Doctor of the Science of Law - J.S.D. - Oct. 1997

Masters of Laws - LL.M. - May 1992

Excellent Ranking on Thesis

1974-1977	Antioch School of Law

Juris Doctor - J.D. - May 1977

Internal grading system--estimated top 10%

A.B.A. curriculum plus extensive clinical work

1971-1974	Trinity University

Bachelor of Arts - May 1974

Magna Cum Laude, 3.88 grade point average

Class standing 18th out of 463

PUBLICATIONS:	Legal Malpractice Insurance: Surviving the Perfect Storm

(submitted for publication).

A Jurisprudential Analysis of Government Intervention and Prenatal Drug Abuse (forthcoming) Journal of Law and Health

(earlier version of the article was solicited for a bioethics issue of Dignatas, the Slovenian Journal of Human Rights).

High Drama and Hindsight: the LLP Shield Post-Anderson,

Business Law Today, Jan./Feb. 2003 at 47 (article solicited for	the publication of the ABA Business Law Section distributed to 50,000+ attorneys nationwide)

I Don't Have Time To Be Ethical - Billable Hour Pressure and the

Ethical Associate 39 IDAHO LAW REVIEW 305 (2003) (article solicited for an ethics symposium issue of the IDAHO LAW REVIEW)

Ethics Counsel's Role in Combating the "Ostrich" Tendency,
2002 Professional Lawyer 131 (article solicited for the 28th ABA Conference on Professional Responsibility). The Professional Lawyer is an ABA peer-reviewed journal.

Fortifying a Law Firm's Ethics Infrastructure: Avoiding Legal Malpractice Claims Based on Conflicts of Interest, 33 St. Mary's Law Journal 669 (2002) (co-author Jett Hanna) (article solicited for the St. Mary's Law Journal's Symposium on Legal Malpractice and Professional Responsibility)

Is It Educational Malpractice Not to Teach Comparative Legal Ethics? (article solicited for Juridikum, an Austrian Law Journal, 2001).

Soul for Sale: An Empirical Study on Associate Satisfaction, Law Firm Culture, and the Effects of Billable Hour Requirements

69 UMKC Law Review 239 (2000) (lead article). This article is based on an empirical study of 1000 associates. The State Bar of Texas provided the funding and support for the study. (article reprinted for the

Association for Professional Responsibility Lawyers annual conference).

An Empirical Study of Associate Satisfaction, Law Firm Culture, and the Effects of Billable Hour Requirement, TEXAS BAR JOURNAL, Part 1 (December 2001) and Part 2 (January 2002).

Insurance Issues Related to Lateral Hire Musical Chairs
PROFESSIONAL LAWYER , 2000 Symposium Issue

Professional Responsibility and Liability Issues Related to Limited Liability Law Firms (article solicited for the South Texas Law Review Symposium on Ethical Obligations and Liabilities Arising From Lawyers' Professional Associations) 39 SOUTH TEXAS LAW REVIEW 399 (1998)

Law Firm Risk Management and Peer Review

51 CONSUMER FINANCE LAW QUARTERLY REPORT 98 (1997)

A Lawyer's Guide to Malpractice Insurance

INTO THE DEEP END: Navigating the Perilous Waters of Legal Ethics and Legal Malpractice (1998)

Are Law Firm Partners Islands Unto Themselves? An Empirical Study of Law Firm Peer Review and Culture

10 GEORGETOWN JOURNAL OF LEGAL ETHICS 271 (1996)

The Texas Bar Foundation awarded me a grant to conduct this study.

(article reprinted in 47 DEFENSE LAW JOURNAL 115 (1998)

abridged version of this article published in the TEXAS BAR JOURNAL (November 1997) (reprinted in THE RISK MANAGEMENT MEMO mailed to 40,000 attorneys nationwide)

Seeking Shelter in the Minefield of Unintended Consequences–

the Traps of Limited Liability Law Firms

54 WASHINGTON AND LEE LAW REVIEW 717 (1997)

Am I My Partner's Keeper? Peer Review in Law Firms

66 UNIVERSITY OF COLORADO LAW REVIEW 329 (1995)

Reprinted in 44 DEFENSE LAW JOURNAL 547 (1995)

and for the 22nd National Conference on Professional Responsibility)

Rules Committee Should End Venue Ambiguity (Commentary)

TEXAS LAWYER, September 5, 1994

In 1995, the Texas Legislature enacted a statute adopting the changes recommended in this Commentary.

OTS v. The Bar--Must Attorneys Advise Directors that the Directors Owe a Duty to the Depository Fund?

12 ANNUAL REVIEW OF BANKING LAW (1993) Morin Center for Banking Law at Boston University

The Wrong Approach to Disqualification (Commentary)

TEXAS LAWYER, March 22, 1993 (W. Frank Newton, co-author)

New Attorneys' Guide to Legal Malpractice Insurance in 1994

A GUIDE TO THE BASICS OF LAW PRACTICE (1994)

Consumer's Guide to Legal Malpractice Insurance

A GUIDE TO THE BASICS OF LAW PRACTICE (1995) (revision of above)

Where Do you Get Coverage? Consumers Basic Guide to Attorneys' Professional Liability Insurance

A GUIDE TO THE BASICS OF LAW (1996) (revision of above)

This article is revised and published annually.

Texas Civil Procedure, BAR/BRI Bar Review Chapter

including Texas Pretrial, Trial and Appellate Procedure

Legal Malpractice Policies:	Regulatory Exclusions and Public Policy

THE BANKING LAW JOURNAL--March/April 1992

PRESENTATIONS:

1996-2004	NATIONAL LEGAL MALPRACTICE CONFERENCE

ABA STANDING COMMITTEE ON PROFESSIONAL LIABILITY

Law Firm Limited Liability and Consumer Protection (May 2004)

CAPITAL UNIVERSITY SCHOOL OF LAW

Lecture Celebrating the 25th Anniversary of the Sullivan Lecture Series and the 100th Anniversary of the Law School

Law Firms as Gatekeepers (March 2004)

SECOND ANNUAL NATIONAL FORUM ON RISK MANAGEMENT, Limiting Risk Through Structural Change (November 2003)

STAY ABREAST OF THE LAW, Ethics Update (November 2003)

FARM, RANCH, AND AGRI-BUSINESS BANKRUPTCY INSTITUTE, Legal Malpractice Insurance: Protecting Yourself and Your Clients

(September 2003)

ABA 29th NATIONAL CONFERENCE ON PROFESSIONAL RESPONSIBILITY, Limited Liability Law Firms in an Era of Increasing Lawyer Liability (June 2003)

AMARILLO BAR ASSOCIATION, Ethics, Fee Agreements and the Honest Hour (May 2003)

TEXAS TECH WOMEN'S STUDIES PROGRAM CONFERENCE ON

GENDER EQUITY, Leadership, Equity, and Challenges Facing Women of Color (March 2003)

TEXAS TECH WOMEN'S STUDIES PROGRAM CONFERENCE ON

GENDER EQUITY, Dissecting Diversity (March 2003)

LUBBOCK BANKRUPTCY BAR ASSOCIATION CLE SEMINAR,

Ethics of Hourly Billing (January 2003)

HALFMOON SEMINARS, Ethics for Legal Assistants (January 2003)

LUBBOCK COUNTY WOMEN'S BAR ASSOCIATION

Staying Ethical When Competing on the Billable Hour Treadmill

(November 2002)

NATIONAL ASSOCIATION OF PROFESSIONAL RESPONSIBILITY LAWYERS–ANNUAL PROGRAM

Fees, Engagement Letters, and Collections (August 2002)

2002 STATE BAR OF TEXAS CONVENTION

Dodging the Malpractice Bullet (June 2002)

ABA 28th NATIONAL CONFERENCE ON PROFESSIONAL RESPONSIBILITY, The In-House Advisor: Building Ethical Infrastructure in Law Firms (May 2002)

ST. MARY'S LAW JOURNAL SYMPOSIUM ON LEGAL MALPRACTICE

Malpractice and Ethics Issues Related to the Billable Hours Derby

(March 2002)

UNIVERSITY OF LJUBLJANA LAW FACULTY FORUM

Teaching Legal Ethics in Continental Europe (June 2001)

UNIVERSITY OF LJUBLJANA LAW FACULTY

Civil Procedure and Access to U.S. Courts (March 2001)

LAW AND SOCIOLOGY ASSOCIATION AT THE UNIVERSITY OF LJUBLJANA

Attorney Roles and Comparative Legal Ethics (February 2001)

ABA 26TH NATIONAL CONFERENCE ON PROFESSIONAL RESPONSIBILITY

On the Road Again: Ethics Issues Regarding Arriving and Departing Lawyers (June 2000)

STATE BAR OF TEXAS ADVANCED LEGAL ETHICS CONFERENCE–TEXAS DISCIPLINARY SYSTEM: LAWYER REGULATION IN TEXAS–2000 STYLE, Conflicts: Ever Present/Ever a Worry (2000)

UNITED STATES NATURALIZATION CEREMONY IN LUBBOCK, TEXAS, Citizenship as a Two Way Street (2000)

AMERICAN BAR ASSOCIATION ANNUAL MEETING–BUSINESS LAW SECTION

Law Firm Supervision at the Millennium (1999)

TEXAS CENTER FOR LEGAL ETHICS AND PROFESSIONALISM–

An Interactive Presentation on the Ethics of Billing (1999)

STATE BAR OF TEXAS DISCIPLINARY SYSTEM: PRACTICE AND PROCEDURES, Improving the Texas Grievance System (1999)

TEXAS LAWYERS INSURANCE EXCHANGE, AN OUNCE OF PREVENTION SEMINAR (1999)

EMERGING PROFESSIONAL RESPONSIBILITY ISSUES IN LITIGATION, co-sponsored by South Texas College of Law, ABA Center for Professional Responsibility, the ABA Section on Litigation, the Texas Center for Legal Ethics, and the Association of Professional Responsibility Lawyers, Chair of the Working Group on Aggregate Settlements (1999)

ADMINISTRATIVE PERSONNEL ASSOCIATION CONFERENCE–

Counseling Liability (1999)

TEXAS BANK LAWYERS' CONFERENCE–Ethics in Hourly Billing (1999)

ABA ETHICS 2000 COMMISSION–Testimony on Revising Model Rule 5.1(a) (1999)

INTO THE DEEP NAVIGATING THE PERILOUS WATERS OF LEGAL ETHICS AND LEGAL MALPRACTICE–A Lawyer's Guide to Legal Malpractice Insurance–videotaped and replayed in 30+ cities (1998)

UNITED STATES NATURALIZATION CEREMONY IN AMARILLO, TEXAS–The Past Has Not Past Away–It is Part of the Future

22ND ABA NATIONAL CONFERENCE ON PROFESSIONAL
RESPONSIBILITY–Law Firm Management and Peer Review

1997 SOUTH TEXAS SCHOOL OF LAW ETHICS SYMPOSIUM–Did the ABA Ethics Committee Get it Wrong? Professional Responsibility Issues Related to Limited Liability Law Firms (1997)

NATIONAL CONFERENCE OF ASSOCIATION OF PROFESSIONAL RESPONSIBILITY LAWYERS–Legal Malpractice Insurers as Regulators of the Legal Profession (1997)

LUBBOCK YOUNG LAWYERS' ASSOCIATION–Traps in Accepting

and Declining Representation (1997)

TEXAS BANK LAWYER'S CONFERENCE–Risk Management and Law Firm Peer Review (1997)

STATE BAR OF TEXAS GRIEVANCE SYSTEM SYMPOSIUM–

Improving the Texas Grievance System (1997)

LEGAL EXPERIENCE:

PUBLIC SERVICE:

1977-1980	After law school I served as briefing attorney for Chief Justice Carlos Cadena of the Texas Court of Appeals. After a period of general practice in a law firm, I decided to specialize.

1980-1982	Joined the U.S. Securities and Exchange Commission to specialize while performing a public service. As an attorney with the SEC's Corporate Finance Division, I examined and analyzed offering documents and prospectuses. Rendered opinions and interpretations on securities rules and regulations. As an attorney with the SEC's Enforcement Division I conducted investigations and represented the SEC in federal court. Took testimony and evidence from over 100 witnesses.

PRIVATE PRACTICE:

1982-1985	As an attorney and partner with the Dallas firm of Glast, Ungerman, Vickers, Miller, and Allen, and the tax firm of Hercules & Lavery, I principally did securities and corporate work. Securities counsel in over 35 public and private offerings. Lead counsel handling the organization of banks. Represented regulated entities before federal and state agencies. Handled corporate acquisitions for private and public companies.

1985-1991	Attorney and managing shareholder with Long, Burner, Parks, and Sealy, a professional corporation in Austin, Texas which I helped found. Acted as coverage counsel for insurers. Handled the defense of legal malpractice cases and commercial litigation for domestic and international corporations including Merrill Lynch, Pierce, Fenner, & Smith, Inc.

1991-1992	Doctoral residency at Columbia University School of Law. Conducted research and participated in graduate seminars on legal education and jurisprudence.

2000-2003	PROFESSIONAL REVIEW ACTIVITIES:

Senior Fulbright Scholar–consult on ethics rules and education

Peer Reviewer for the Fulbright Program for Southeastern Europe, Greece and Turkey–make recommendations on over one hundred applications for Fulbright grants.

Aspen Publishing Reviewer–evaluate proposed professional responsibility texts for publication

Peer Reviewer for Promotion and Tenure Committee--University of South Carolina School of Law

Texas Board of Legal Specialization Ethics Exam Commission–prepare the legal ethics questions for the legal specialization examinations

American Bar Association–Central and Eastern European Law Initiative Consultant--critique the proposed changes to the Slovakia Civil Procedure Code

American Bar Association Commission on the Evaluation of the Rules of Professional Conduct (the Ethics 2000 Commission) Advisory Council Member–propose and comment on changes to the A.B.A. Model Rules of Professional Conduct. Since 1983 this is the first major revision of the model ethics rules governing the conduct of attorneys

PROJECTS IN PROGRESS:

Review of the Texas Disciplinary Rules of Professional Conduct as a member of a Supreme Court of Texas Task Force. The Task Force is charged with studying changes to the ABA Model Rules of Professional Conduct and recommending changes to the current Texas disciplinary rules.

Review of the Texas attorney grievance system as the Chair of the Supreme Court of Texas Grievance Oversight Committee. Currently the GOC is commenting on the proposed rules of disciplinary procedure. After the public comment period, the GOC will submit a report to the Supreme Court of Texas.

RESEARCH IN PROGRESS:

"Student Misconduct and Fitness to Practice Law," essay solicited for the

10th Annual South Texas Ethics Symposium–The Ethics of Law Students

COMMUNITY SERVICE:

1996-2003	Chair and Member, Supreme Court of Texas Grievance Oversight Committee

Member, Supreme Court of Texas Task Force on the Texas Disciplinary Rules of Professional Conduct (one of the 14 members of the Task Force charged with recommending changes to the Texas legal ethics rules)

Council for the International Exchange of Scholars

Fulbright Senior Specialist and Peer Reviewer

Planning Committee and Faculty for the 2003 Texas Conference on the

New Texas Rules of Disciplinary Procedure

Organizer of a series presentations and lectures on current bioethics topics including (1) health care decision-making (2 ) patient rights and mental health issues, and (3) embryonic stem cell and cloning research. Participants included experts from around Texas and members of the Lubbock legal and medical communities.

U.S. Department of State Selection Committee for the Ron Brown Fellowships awarded to Slovenian citizens for graduate studies in the U.S.

Interviewer for Prospective Fulbright Scholars,

Pilot Program of the Council for the International Exchange of Scholars

American Bar Association Commission on Billable Hours Speakers Bureau

West Texas Legal Services Pro Bono Advisory Board

Moderator, Palo Duro Presbytery Mission and Congregational Development Committee (recommending mission and ministry support grants of over $100,000)

Planning Committee for the 2002 State Bar of Texas Disciplinary Training Conference

U.S. Court of Appeals for the Fifth Circuit Pro Bono Brief on Ownership of Client Files

Planning Committee for the 2000 State Bar of Texas Advanced Legal Ethics Conference and the 2000 Disciplinary System Training Seminar

Planning Committee for the 1999 State Bar of Texas Disciplinary System Conference

Supreme Court of Texas Board of Disciplinary Appeals,

Vice-Chair and Member

Board of Disciplinary Appeals (BODA) Committee charged with revising BODA's procedural rules

American Bar Association Ethics 2000 Subcommittee on Interstate and International Practice, Multi-disciplinary Partnerships and Employed Lawyers

Lecturer for continuing legal education programs

Elder, First Presbyterian Church

Texas Center for Legal Ethics and Professionalism Professor Committee

Organizer of "Lawyering by the Numbers," a Workshop on Ethical and Practical Issues Related to Insurer Cost Containment Measures

Coordinator of the legal and accounting presentations at a regional conference for Presbyterian church administrative personnel

St. Mary's Hospital Ethics Committee

BAR/BRI Bar Review Lecturer on Texas Civil Procedure

Palo Duro Presbytery Coordinating Council, Vice-Moderator

Palo Duro Presbytery Mission Task Group

State Bar of Texas Court Rules Committee

Universities Ministries Board of Directors

Supreme Court of Texas Jury Task Force, Co-reporter

South Plains Association of Governments Volunteer Mediator

UNIVERSITY &

LAW SCHOOL

SERVICE:

1996-2003	Texas Tech Faculty Development Leave Committee

Texas Tech Big 12 Fellowship Committee

Texas Tech ADA Compliance Committee

Texas Tech Benefits and Retirement Committee

Texas Tech Teaching Academy Mentor

Co-Chair, Texas Tech Faculty Grievance Panel

Texas Tech University Student Financial Aid/Scholarship Committee

Texas Tech Faculty Senate

Mentor Tech, Lauro Cavazos and Ophelia Powell Program for Minority

Students

President, Order of the Coif

Chair, Law School Extracurricular Activities Committee

Chair, Student Counseling Committee

Chair, Law School Personnel Committee

Chair, George McCleskey Professorship Search Committee

Chair, Law School Judicial Clerkship Committee

Chair, Law School Visitors' Committee

Law School Summer Entry Committee, ex officio member

Law Committee on Diversity, Equity and Equal Opportunity,

ex officio member

Law School New Teacher Mentor Committee

Chair, Law School Honor Council

Chair, Career Services Committee

Organizer, presentations by visiting Judges and Scholars

on Therapeutic Jurisprudence, Stress Management, Class Actions, and

Litigation Professionalism

Judge, Board of Barristers Competitions

Chancellor's Task Force on Employee/Dependent Scholarships

Law School Clinic Committee

Law School Web Site Committee

Law School Committee for Developing Post Tenure Review Procedures

Law School Mission Statement Committee

Law School Curriculum Committee

Law School Student Counseling Committee

Law School Personnel Committee

Law School Readmissions Committee

Faculty Advisor, Health Law Society

Faculty Advisor, Volunteer Law Students Association

Faculty Advisor, Minority Law Students Association

Faculty Advisor, Texas Tech Minority Pre-law Society

Faculty Advisor, Black Law Students Association

Faculty Advisor, Phi Delta Phi Honor Fraternity

Faculty Advisor, Phi Alpha Delta

Law School Representative, Phi Kappa Phi Honor Society

Women's Studies Community Connection Mentor

OTHER	Co-Chair of the Texas Bar Foundation Committee to Select the

SERVICE:	Outstanding Law Journal Award (1995);

Palo Duro Presbytery Sexual Harassment Committee (1995-96);
Planning Committee for a Bioethics Conference on a "Peaceful Death" sponsored by Texas Tech School of Law, Texas Tech University Health Sciences Center and the Lubbock Area Hospitals (1995);

Chair, Health Law Scholarship Committee (1995);

Faculty Senate Committee on the Teaching & Learning Center (1995);

South Plains Association of Governments Senior Citizen Benefits
Counselor;

Texas State Bar Professionalism Committee (1992-1994);

Various Texas Tech Law School Committees and Chair of the Readmissions and Counseling Committees;

Planning Committee for the State Bar Conference on Anticipating & Avoiding Legal Malpractice Claims-1993;

Co-Founder and Volunteer, Manos de Cristo Legal Services Clinic;

State Bar District Nine Grievance Committee;

Board of Directors and Family Selection Committee, Habitat for Humanity;

Alzheimer's Support Group Leader;

Texas State Bar Professional Liability Insurance Committee;

Indian Action Task Force;

and the Urban Law Institute.

HONORS:	Law Clerk, Judge Tim Murphy, Superior Court for D.C.;

College of the State Bar of Texas;

Who's Who in American Colleges;

Alpha Lambda Delta Honor Society;

Outstanding Young Women in America;

Presidential Academic Scholarship;

University Academic Scholarship;

Alpha Chi Honor Society;

Mortar Board;

Briefing attorney for Chief Justice Carlos Cadena, Texas Fourth Court of Civil Appeals;

Martindale AV-Rated Attorney;

1995 Texas Bar Foundation Grant;

Texas Bar Foundation Fellow;

Law School Nominee Hemphill-Wells New Professor Excellence in Teaching Award;

Phi Kappa Phi (elected as a professor);

Texas Tech University Teaching Academy;

1996 Nominee, El Paso Natural Gas Foundation Faculty Achievement Award;

1996 Texas Tech Ex-Students Association New Faculty Award;

1995-1996 Outstanding Professor Award, Texas Tech University School of Law;

1996-1997 Outstanding Professor Award, Texas Tech University School of Law (tied);

1999 Texas Tech Law Students created the Fortney Ethics Award;

1999 Supreme Court of Texas Board of Disciplinary Appeals Recognition;

2000 Selection as a Fulbright Scholar;

2000 President's Excellence in Teaching Award;

2001 University of Ljubljana, Nomisma Honoris and DDD Diploma;

2002 Tech Parents-Spencer A. Wells Faculty Award for Creative Teaching;

2002 Law School Nominee, Chancellor's Distinguished Teaching Award

2003 George H. Mahon Professor of Law

2003 Most Influential Law Professor according to a TEXAS LAWYER

Survey of Texas Tech law students