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 …
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 …
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 …
Producing a Former Client’s File in Response to a Subpoena Duces Tecum
Discovery is a critical component of any personal injury case. Lawyers send interrogatories, request independent medical examinations, notice depositions, and request documents during this fact gathering stage. Most obviously, defense …
New Jersey Publicly Censures Lawyer for Sending Graphic Sexual Email to Former Client
On November 1, 2021, the New Jersey Supreme Court censured lawyer Kevin Regan for failing to treat litigants with courtesy and for engaging in professional conduct involving discrimination. In the …
Louisiana Supreme Court Defines Parameters of Permissible Activities of the LSBA
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On September 14, 2021, the Louisiana Supreme Court enacted a new section 6 to Louisiana Supreme Court Rule XVIII (“Roll of Attorneys.”) See La.S.Ct.R. XVIII, § 6. The new Section …
Fifth Circuit Rules That Mandating Bar Association Membership Violates Lawyers’ First Amendment Rights
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On July 2, 2021, the United States Fifth Circuit Court of Appeals in companion cases out of Texas and Louisiana held that states cannot force lawyers to join a bar …
May a Louisiana Lawyer Partner with a Non-Louisiana Lawyer?
Yes, the Louisiana Rules of Professional Conduct clearly permit partnerships between Louisiana lawyers and non-Louisiana lawyers. The relevant rule, La. Rules of Prof’l Conduct, r. 7.10(d) provides as follows: A …
Lawyer Suspended for Online Comments About “How to Kill Without Consequences”
The Tennessee Supreme Court recently suspended a lawyer from the practice of law for publicly posting comments on Facebook with instructions on how to shoot someone and avoid criminal responsibility …
Sloppy Arbitration Clauses are Unenforceable
On December 21, 2020, the Supreme Court of New Jersey refused to enforce a lawyer-client arbitration clause because the lawyer failed give the client an “explanation of the advantages or …