The Top Ten Louisiana Legal Ethics Developments in 2017
If a Louisiana lawyer were were to read just one post on this blog all year, this should be it. Here are the top ten developments in Louisiana legal ethics …
Ethical Considerations When Switching Law Firms
I want to quit my law firm and take my clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules …
Lawyer Suspended for Dropping F-Bomb on Magistrate
An “activist” lawyer purporting to represent an “occupy movement” was suspended for two years, all deferred, for exclaiming to a magistrate, “what the fu** is going on around here.” See N.C. State …
ABA Issues Formal Opinion on “Generally Known” Exception to Using Former-Client Information
Both the ABA Model Rules of Professional Conduct and the corresponding Louisiana Rules broadly prohibit a lawyer from revealing former-client confidences. A lawyer may do so rarely and then only …
ABA Committee Proposes Overhaul of Advertising Rules
On December 21, 2017, the ABA Standing Committee on Ethics and Professional Responsibility issued a working draft of proposed amendments to the lawyer-advertising provisions of the ABA Model Rules …
November 2017 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations that were made public during the month of November 2017. Louisiana Supreme Court …
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 …
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 …
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 …
Lawyers, Check Your Spam Emails
Do you know what’s in your spam inbox? You should. A cautionary tale from Florida makes it clear that a “defective email system” is no excuse for missing important communications. See Emerald …