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Category: Louisiana Rule Making

Louisiana Rule Making

LSBA Rejects Rule Amendment to Clarify Prosecutors’ Brady Disclosure Obligations

Nearly two years ago, the Louisiana Supreme Court resolved an unsettled question as to whether a prosecutor’s “ethical” duty to disclose exculpatory evidence under Louisiana Rule of Professional Conduct 3.8(d) …

Louisiana Rule Making

What Should I Do With Funds in Trust When I Can’t Find the Client?

In 2016, the Louisiana Supreme Court amended Rule 1.15 to provide guidance to lawyers as to the what to do with “Unidentified Funds” in a trust account. See Order Amending …

Louisiana Rule Making

LASC Solicits Comments on New Judiciary Commission Rules

The Louisiana Supreme Court has distributed for public comment three proposed revisions to Rule XXIII governing proceedings before the Judiciary Commission. These revisions were recommended to the court by the Judiciary …

Louisiana Rule Making / Professionalism

LSBA Revises Code of Professionalism

At its midyear meeting on January 20, 2018, the Louisiana State Bar Association approved a resolution from the Committee on the Profession revising the LSBA Code of Professionalism. See Resolution Proposed …

Louisiana Rule Making

LSBA Makes “No Recommendation” on Adoption of Anti-Discrimination and Anti-Harassment Rule

On November 27, 2017, the LSBA Rules of Professional Conduct Committee reported that it would make “no recommendation” regarding the adoption of a rule prohibiting discrimination and harassment in conduct …

Louisiana Rule Making

LSBA Proposes Writing Requirement for All Fee Agreements

Under existing Louisiana law, only contingent fee agreements must be in writing. See Louisiana Rule of Professional Conduct r. 1.5(c) (providing that “[a] contingent fee agreement shall be in a writing signed by the …

Louisiana Rule Making

LSBA Proposes Sweeping New Rule on Fixed Fees

Under existing law, a lawyer earns a fixed fee at the commencement of the representation. As a result, current Louisiana Rule of Professional Conduct 1.5(f)(2), permits the lawyer to deposit …

Louisiana Rule Making

Louisiana Attorney General Concludes That Proposed Anti-Discrimination Rule is Unconstitutional

On September 8, 2017, the Louisiana Attorney General’s office weighed in on the constitutionality of a proposed anti-discrimination amendment to the Louisiana Rules of Professsional Conduct.  In July 2017, the Louisiana …

Louisiana Rule Making

LSBA Seeks Public Comment on Proposed Anti-Discrimination Rule of Professional Conduct

On July 19, 2017, the Louisiana State Bar Association’s Rules of Professional Conduct Committee began accepting written comments on the adoption of a new anti-discrimination standard of professional conduct. A …

Louisiana Rule Making

Louisiana Supreme Court Sends the LSBA Back to the Drawing Board for a New Fixed-Fee Rule

On June 21, 2017, the Louisiana Supreme Court rejected a Louisiana State Bar Association recommendation that the court amend Louisiana Rule of Professional Conduct 1.5(f)(2) governing fixed fees. Under current Rule …

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