Must I Withdraw Because I May Be a Witness?
Not necessarily. Louisiana Rule 3.7(a) provides that “[a] lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) …
Can I Make Any Payments to a Fact Witness?
Yes. Louisiana Rule of Professional Conduct 3.4(b) provides that “[a] lawyer shall not . . . offer an inducement to a witness that is prohibited by law.” Given this language, …
May I Undertake a Limited Scope Representation?
A Louisiana lawyer may undertake a “limited scope” representation of a client. See La. Rules of Prof’l Conduct R. 1.2(c). For example, a lawyer who represents an employee injured on the …
May I Share Office Space with Nonlawyers?
Technological improvements have allowed lawyers to practice in nontraditional settings. From homes to beaches to shared office suites, lawyers can get more and more work done without secretaries, dictaphones and …
ABA Rethinking Legal Education?
The ABA Task Force on the Future of Legal Education is hard at work. Its most recent “working paper,” which it released in anticipation of a public hearing and meeting …
May I Add an Arbitration Clause to My Engagement Agreement?
Yes. Most state courts that have considered the enforceability of lawyer-client arbitration clauses have approved them. The issue was an open question in Louisiana, however, until the Louisiana Supreme …
Expose on Prosecutorial Misconduct in Louisiana
Louisiana is cast in a negative, but accurate, light for its unfortunate history of prosecutorial misconduct, and particularly Brady/Rule 3.8(d) violations in Orleans Parish. Said one exoneree: “These people tried to …
ABA Formal Opinion on Client Due Diligence, Money Laundering and Terrorist Financing
The ABA’s most recent formal opinion, Formal Op. 463 (May 23, 2013), addresses client due diligence, money laundering and terrorist financing. The Standing Committee on Ethics and Professional Responsibility …
May Lawyers and Accountants “Team Up” to Handle BP Claims?
Many lawyers and accountants have “teamed up” to work jointly to assist claimants with submitting claims against British Petroleum (“BP”) arising out of the April 2010 oil spill caused by …
May I “Friend” an Unrepresented Person on Social Media to Gather Information to Help My Client?
A June 2013 ethics advisory opinion from the New Hampshire Bar Association Ethics Committee advises against a lawyer “friending” a nonparty witness if the lawyer “omit[s] identifying information” from the …