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Category: Louisiana Cases

Discipline / Judicial Ethics / Louisiana Cases

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 …

Louisiana Cases

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 …

Discipline / Louisiana Cases / Recent Cases

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 …

FAQs / Louisiana Cases / Recent Cases

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 …

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 …

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 …

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). …

Louisiana Cases

Should Louisiana Force its Lawyers to Pay for Speech That They Don’t Support?

By Jacob Huebert, James Baehr, and Dane S. Ciolino The First Amendment guarantees every American’s freedom of speech and freedom of association. That means we all get to choose what …

Louisiana Cases

What Disciplinary Sanction is Appropriate for Billing “Phantom” Hours?

On March 15, 2019, the Supreme Court of Appeals of West Virginia suspended a lawyer for three months for false billing practices. See Lawyer Disciplinary Bd. v. Hassan, No. 16-1210 …

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