Recent developments in Louisiana legal ethics, professional responsibility, lawyer discipline, and related topics. … [Read more...]
August 2016 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations that were made public during the month of August 2016. Louisiana Supreme Court There were no Louisiana Supreme Court disciplinary decisions in August 2016. Louisiana Attorney Disciplinary BoardJune A. Placer. The Board recommended the respondent be … [Read more...]
No Concurrent Conflict in Representing Market Competitors
The New York State Bar Association recently clarified that a lawyer may concurrently represent clients who are competitors in the same industry—even when it would be in one client's economic interest for the other client to lose the case handled by the lawyer. See N.Y. State Bar Assoc'n Ethics Op. 1103 (2016). Mere economic adversity does not make the clients "materially adverse" to one another … [Read more...]
May a Lawyer Bill a Client for the Work of an Unpaid Intern?
Yes, according to a recent ethics advisory opinion from the New York State Bar Association. See N.Y. State Bar Assoc'n Ethics Op. 1090 (2016).The issue considered by the New York State Bar was this: May a law firm "bill clients for work performed for its clients by student-interns, despite the fact that the law firm does not pay the interns." Id. New York Rule 1.5(b) (which is identical to the … [Read more...]
Don’t Engage in the Unauthorized Practice of Law By Giving Advice to an Out-of-State Relative
On August 31, 2016, the Minnesota Supreme Court admonished a Colorado lawyer for engaging in the unauthorized practice of law by helping his in-laws with a dispute against their condominium association. More particularly, the lawyer sent approximately two dozen emails to a Minnesota lawyer in an effort to settle the association's claim for $2,368.13. Of course, he was working for his in-laws pro … [Read more...]
ABA Adopts Broad Anti-Harassment Rule. Will Louisiana Follow?
On August 8, 2016, the ABA House of Delegates amended Model Rule 8.4 to include a broad anti-discrimination and anti-harassment provision, and three revised comments. The amendment, which was sponsored by several ABA groups,[1. The amendment was sponsored by the ABA’s Standing Committee on Ethics and Professional Responsibility, the Section of Civil Rights and Social Justice, the Commission on … [Read more...]
July 2016 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations that were made public during the month of July 2016. Louisiana Supreme CourtGerson Charles Martin. The court transferred the respondent to disability inactive status without stating reasons.Louisiana Attorney Disciplinary BoardGregory F. Williams … [Read more...]
Fee Sharing Agreement With Nonlawyer Unenforceable as Violation of Public Policy
On July 8, 2016, a Pennsylvania appellate court affirmed the dismissal of breach of contract and breach of fiduciary claims brought by a nonlawyer against a law firm. The firm allegedly promised to pay the nonlawyer a "yearly consulting fee"[1. This fee in 2014 allegedly was $210,000.00 per month.] plus "a five percent share of the firm's annual profits" attributable to securities-law cases … [Read more...]
LSBA Adopts Resolution Condemning Discrimination Based on LGBT Status
In June 2016, the Louisiana State Bar Association ("LSBA") House of Delegates and Board of Governors adopted a resolution noting that lesbian, gay, bisexual, and transgender ("LGBT") people have a "human right to be free from discrimination, threats, violence and denigration based on their LGBT status." See Resolution 5 by Don Paul Landry (approved Jun. 9, 2016 by House of Delegates; approved Jun. … [Read more...]
The Importance of a Nonengagement Letter
The Louisiana Court of Appeal for the Second Circuit recently affirmed the dismissal of legal malpractice claims against Bossier City lawyer W. Jarred Franklin because he sent a timely disengagement letter terminating his representation. See Watson v. Franklin, No. 50,730-CA (La. Ct. App. 2d Cir. Jun. 22, 2016).The plaintiff, Lillian Watson, fell down a flight of stairs while visiting a friend … [Read more...]