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Louisiana Legal Ethics

Louisiana Legal Ethics

A legal ethics blog of Prof. Dane S. Ciolino

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  • Prof. Dane S. Ciolino

Category: FAQs

FAQs

May a Lawyer Accept Compensation from a Service Provider for a Client Referral?

Probably yes, but only if the referral agreement will not affect the lawyer’s representation and the lawyer obtains the client’s informed consent, confirmed in writing. See Rule 1.7(a). Under Louisiana …

FAQs / Recent Cases

Must Louisiana Lawyers Have or Report Malpractice Coverage?

On October 16, 2020, the Supreme Court of West Virginia suspended a lawyer for failing to report to the state bar whether he was covered by at least $100,000 in …

FAQs

What Are The Differences Between the ABA Model Rules and the Louisiana Rules?

In this 45-minute video, Professor Dane S. Ciolino of the Loyola University New Orleans College of Law and the Louisiana Legal Ethics site discusses the principal differences between the ABA …

FAQs

May a Lawyer Remotely Notarize a Document Using Video Conferencing?

Before March 26, 2020, the answer was “no.” At that time, Louisiana law did not permit a lawyer1 to notarize a document remotely. Louisiana Revised Statutes section 35:2 provides that …

Ethics Opinions / FAQs

ABA Issues New Formal Opinion on Changing Law Firms

I want to quit my law firm and take clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules of …

FAQs

May a Lawyer Obtain an Indemnity Agreement from a Client?

A recent advisory ethics opinion addresed whether it is “permissible for an attorney to include an indemnification provision in a retainer agreement at the commencement of representation that requires the …

FAQs

May a Lawyer Renegotiate a Bad-Deal Fixed Fee Agreement?

Yes, as long as the renegotiation is fair and reasonable in light of circumstances unanticipated by the lawyer and the client at the commencement of the lawyer’s representation. In September …

FAQs

May a Lawyer Secretly “Ghostwrite” Court Papers for a Pro Se Litigant?

Yes. Although the issue was unsettled for many years, the prevailing current view is that professional conduct standards do not prohibit a lawyer from preparing documents for a pro se …

FAQs

May a Lawyer Cast a Geotargetted Ad to a Prospective Client in an Emergency Room?

On May 25, 2018, NPR’s All Things Considered featured a segment on “Digital Ambulance Chasers? Law Firms Send Ads to Patients’ Phones Inside ERs.” Here’s how NPR described the practice: …

FAQs

Ethical Considerations When Switching Law Firms

I want to quit my law firm and take my clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules …

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