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Category: Recent Cases

Louisiana Rule Making / Recent Cases

Louisiana Supreme Court Defines Parameters of Permissible Activities of the LSBA

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 …

Louisiana Cases

Fifth Circuit Rules That Mandating Bar Association Membership Violates Lawyers’ First Amendment Rights

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 …

Louisiana Cases

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 …

Recent Cases

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 …

Recent Cases

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 …

Louisiana Cases

Louisiana Rejects Collectibility Rule in Legal Malpractice Cases

On November 19. 2020, the Louisiana Supreme Court ruled that “proof of collectibility of an underlying judgment is not an element necessary for a plaintiff to establish a claim for legal …

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 …

Louisiana Cases

Are Unusual Contingency Fee Agreements Lawyer-Client Business Transactions?

Yes, according to a recent decision by the United States Fifth Circuit Court of Appeals. See Weiner, Weiss & Madison, APC v. Fox, No. 19-30688 (5th Cir. Aug. 21, 2020). …

Recent Cases

The Ethical Pitfalls of “Reply to All”

Embarrassment is often a person’s first reaction after hitting “reply to all” when sending an email that required only a “reply.”1 If the email was inappropriate, the sender suffers, at …

Recent Cases

Is it Worse to Call Opposing Counsel a “Slut” or a “Slug”?

An odd question, but one that a New York court recently considered in a lawyer disciplinary proceeding. See In re Eliot Bloom, No. 2017-11411 (N.Y. App. Div. Dec. 18 2019).1 …

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