Sloppy Arbitration Clauses are Unenforceable
On December 30, 2021, the Louisiana First Circuit Court of Appeals refused to enforce a lawyer-client arbitration clause because the lawyer failed to explain to the client “the consequences of …
ABA Calls for Comments on Proposed Amendments to Rules Concerning Lawyers’ Due Diligence Obligations
The ABA Standing Committee on Ethics and Professional Responsibility has called for comments on possible amendments to the Model Rules of Professional Conduct concerning lawyers’ client due diligence obligations. See …
Louisiana Legislature Expands Statutory Grounds for Recusing Judges
On August 1, 2021, an act amending and reenacting the Louisiana Code of Civil Procedure articles governing judicial recusal became law. See La. Code Civ. Proc. arts. 151 et seq. …
Louisiana Supreme Court Publicly Disciplines Louisiana Lawyers for Failing to Pre-File Advertisements with the LSBA
Louisiana lawyers who advertise have long faced scrutiny from the Louisiana legislature, the Louisiana Supreme Court, the Office of Disciplinary Counsel, and the Louisiana State Bar Association. But this year …
Malpractice Insurer Provides Helpful Advice on Handling Client Trust Accounts
CNA, the leading malpractice insurer for Louisiana lawyers, recently distributed to its insureds helpful advice as to how they should handle client trust and IOLTA accounts. See CNA, Professional Counsel, Client …
Massachusetts Publicly Reprimands Lawyer for Failing to Supervise Paralegal Who Stole Money
On November 22, 2021, the Massachusetts Board of Bar Overseers of the Supreme Judicial Court publicly reprimanded lawyer Mark C. Watson for failing to adequately supervise a paralegal, for record …
November 2021 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of November 2021. Louisiana Supreme Court Laura Loraine Davenport. …
Louisiana Supreme Court Amends Rule XXIII
On November 19, 2021, the Louisiana Supreme Court issued an order adopting several revisions to Louisiana Supreme Court Rule XXIII, The Judiciary Commission. See LASC Order (dated Nov. 19, 2021). …
Bad Billing: Lawyer Breaches Fiduciary Duty By Failing To Bill In Accordance With Provisions of The Fee Agreement
On November 12, 2021, the Tennessee Court of Appeals held that a lawyer breached his fiduciary duty to his client by failing to bill in accordance with the provisions of …
New York Lifts Ban on Law Firm Trade Names
On June 18, 2020, New York amended its advertising rules to permit lawyers to advertise their services under a trade or domain name. The revised rule now prohibits only “names …