Can I Quit?
No, not yet. The future of Louisiana’s mandatory bar association is uncertain. This is because the United States Fifth Circuit Court of Appeals recently held that the Louisiana State Bar …
Fifth Circuit: Compelled LSBA Membership Violates First Amendment
On November 13, 2023, the United States Fifth Circuit Court of Appeals held that the Louisiana State Bar Association’s “mandatory membership and dues are . . . unconstitutional” because they …
May a Louisiana Lawyer Sign Another Lawyer’s Name on a Pleading?
Yes, a Louisiana lawyer may sign another lawyer’s name on a pleading with the permission of that lawyer. See La. Civ. Code art. 2989. A Louisiana lawyer may not, however, sign another …
Judge Disciplined for Sending Ex Parte Facebook Messages to Party in Case Pending Before Him
The Louisiana Supreme Court suspended a Denham Springs judge for four months for engaging in ex parte communications via Facebook Messenger with a party in a case pending before him …
Louisiana Supreme Court Permits Baton Rouge Judge to Remain On Bench Despite Age-Limit Dispute
On January 28, 2022, the Louisiana Supreme Court held in a 4-3 split decision that a city judge could remain in office despite exceeding the age limit set by the …
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 …
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 …
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 …