Privacy, Please!” Pictured on the Cover of This Month’S Around the Bar Is BRBA 2015 President Robert 15 “Job Interview Don’Ts and War Stories” by ANN WISE J

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4 Contributors 5 Letter from the president “Adapting in the computer age (without green tights or a red cap)” BY ROBERT J. BURNS JR. 6 Gail’s grammar 8 Tales from the bar side “Poles apart” BY VINCENT P. FORNIAS

9 “To run or not to run: BRBA members who run marathons” BY REBECCA WISBAR On the cover: 12 “Security Deposit Law in Louisiana residential leases: Issues, trends and future developments” BY CHRISTOPHER K. ODINET This year’s BRBA Bench Bar Conference will cover privacy matters. The theme is “Privacy, please!” Pictured on the cover of this month’s Around the Bar is BRBA 2015 President Robert 15 “Job interview don’ts and war stories” BY ANN WISE J. “Bubby” Burns Jr. in his offi ce. 19 Bar news The annual conference will be held in Point Clear, Ala., at the Grand Hotel Marriott Resort, July 23 - 25, 2015. Call 225-344-4803 for conference information. 21 West’s Jury Verdicts

Cover photography by Pamela Labbe. 22 Foundation footnotes

UPCOMING BRBA CLE SEMINARS: Recent Developments in Social Media and Professional Responsibility (Ethics) May 7 • 7:45 - 9 a.m. • Middleton Bar Center • 1.0 hour of Ethics Nuts & Bolts of Employment Law May 8 • 7:45 a.m. - 12 p.m. • Middleton Bar Center • 4.0 hours of CLE Workers’ Compensation Section Meeting & Evidence Update CLE May 12 • 12 - 2 p.m. • Drusilla Seafood Restaurant • 1.0 hour of CLE Family Court of East Baton Rouge Parish Judges’ Panel Discussion CLE Seminar May 21 • 12 - 2 p.m. • City Club of Baton Rouge • 355 North Blvd. • 1.0 hour of CLE Nuts & Bolts of Civil Law: A Primer June 19 • 7:45 a.m. - 12 p.m. • Middleton Bar Center • 4.0 hours of CLE Family Law Section Meeting & Evidence CLE Seminar June 24 • 12 - 2 p.m. • Juban’s Restaurant • 3739 Perkins Rd. • 1.0 hour of CLE

For more information on available CLE seminars, please go to: http://www.brba.org/Web/Member_Resources/CLE.aspx (You can also click on the “Continuing Legal Education” hyperlink on www.BRBA.org to view that page.) Or contact Katherine Fremin at 225-344-4803 or [email protected] for more information.

May 2015 Around the Bar 3 Published by the Baton Rouge Bar Association P. O. Box 2241, Baton Rouge, LA 70821 contributors Phone (225) 344-4803 • Fax (225) 344-4805 • www.brba.org The Baton Rouge Bar Association will be the beacon for the full spectrum of the legal profession by fostering professional courtesy; increasing the diversity of the bar and the participation of under-represented groups; maintaining a sound fi nancial base; Robert J. Burns Jr., a partner in the Perry, Atkinson, Balhoff , Mengis, enhancing and developing member services and community Burns & Ellis fi rm and a managing partner of Perry Dampf Dispute Solutions, outreach; and promoting and improving the image of the profession. is the 2015 president of the Baton Rouge Bar Association. OFFICERS Robert J. Burns Jr., President ...... 767-7730 Vincent P. Fornias, an assistant editor of Around the Bar, is a solo Jeanne C. Comeaux, President-elect ...... 381-8051 practitioner whose practice focus is alternative dispute resolution. Karli G. Johnson, Treasurer ...... 389-3704 Linda Law Clark, Secretary ...... 346-8716 Darrel J. Papillion, Past President ...... 236-3636 Pamela Labbe is the communications coordinator DIRECTORS AT LARGE of the Baton Rouge Bar Association. Shelton Dennis Blunt Melissa M. Cresson Christopher K. Jones Melanie Newkome Jones Christopher K. Odinet, an assistant professor of law at Southern University Amy C. Lambert David Abboud Thomas EX OFFICIOS Law Center, is a member of the Publications Committee. Danielle Clapinski • Charles Hardie • Joanna B. Hynes Robin Krumholt • Scott M. Levy • Eric Lockridge Matthew Meiners • Judge Pamela Moses-Laramore Gail S. Stephenson, an assistant editor of Around the Bar, Debra Parker • Michael Platte • Michelle Sorrells is the director of legal analysis and writing and an associate professor of law at Southern University Law Center. ABA DELEGATE Erin Wilder-Doomes

Rebecca Wisbar, a partner with Akers & Wisbar, LLC, BANKRUPTCY SECTION Eric Lockridge...... Chair is a member of the Publications Committee. BUSINESS/CORPORATE LAW SECTION Michael Platte ...... Co-chair Ann Wise, the founding director of the Louisiana Matthew Meiners ...... Co-chair Division of Administrative Law, is a contributing writer. CONSTRUCTION LAW SECTION Charles Hardie...... Chair Matt Terrell ...... Past chair

FAMILY LAW SECTION Joanna B. Hynes ...... Chair Anne Richey Myles ...... Chair-elect Jennifer M. Moisant ...... Secretary VOLUNTEERS ARE NEEDED TO HELP WITH A MONTHLY Wendy L. Edwards ...... Past chair PUBLIC LAW PRACTICE SECTION Danielle Clapinski ...... Chair Christopher K. Odinet ...... Past chair LAW CLUB WORKERS’ COMPENSATION SECTION Robin L. Krumholt ...... Co-Chair FOR YOUTH IN THE GARDERE AREA. Debra T. Parker ...... Co-Chair Michelle M. Sorrells ...... Co-Chair We need lawyer volunteers to help with a law club for middle and high school students Judge Pamela Moses-Laramore ...... Co-Chair in the Gardere/South Burbank area. You will work with teens as they learn YOUNG LAWYERS SECTION OFFICERS more about the ﬁ eld of law. To volunteer or for more information, Scott M. Levy, Chair ...... 336-5200 Kara B. Kantrow, Chair-elect...... 769-7473 please contact Lynn S. Haynes at [email protected] or 225-214-5564. Loren D. Shanklin, Secretary ...... 223-6333 Laranda Moff ett Walker, Past Chair ...... N/A

The “Future Legal Eagles” law club is funded by a grant from YOUNG LAWYERS SECTION COUNCIL the South Burbank Crime Prevention and Development District. Francisca Comeaux Jordan Faircloth Chelsea M. Gomez Mackenzie Smith Ledet Erin B. Sayes

BATON ROUGE BAR ASSOCIATION STAFF Ann K. Gregorie, Executive Director 214-5563 VOLUNTEERS ARE NEEDED TO HELP WITH A Donna Buuck, Youth Education Coordinator 214-5556 Emily Chambers, Pro Bono Coordinator 214-5558 Katherine Fremin, Executive Assistant 344-4803 SUMMER YOUTH LEGAL INSTITUTE R. Lynn S. Haynes, Asst. Teen Court Coordinator 214-5564 FOR TEENS IN THE GARDERE AREA — JUNE 22-26, 2015 Robin Kay, Pro Bono Coordinator 214-5561 Susan Kelley, Offi ce Manager 214-5559 To volunteer or for more information, please contact Lynn S. Haynes at [email protected] Pamela Labbe, Communications Coordinator 214-5560 or 225-214-5564. We will need speakers, coaches, visitors and more. Carole McGehee, Lawyer Referral Coordinator 214-5557 Julie Ourso, Bookkeeper 214-5572

PUBLICATIONS COMMITTEE

The Summer Youth Legal Institute is funded by a grant from Editor: Ed Walters — 236-3636 the South Burbank Crime Prevention and Development District. Asst. Eds.: Joseph J. Cefalu III — 381-3176 Vincent P. Fornias — 769-4553 Grant J. Guillot — 346-1461 Gail S. Stephenson — 771-4900, ext. 216 Art Vingiello — 751-1751 AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to the editor. Articles should be less than 1,500 words, typed and single-spaced. A Word fi le should be emailed as an attachment to: [email protected]. Graphic Design / Ad Sales: Pamela Labbe — 214-5560

For advertising information call Pamela Labbe at 225-214-5560. Display ads should be high-resolution attachments (.PDF), and classifi ed ads Robert Collins Dianne M. Irvine Gracella Simmons as text only. Please email all ad artwork to [email protected]. Publication of any advertisement shall not be considered an endorsement of the Rachel L. Emanuel Melanie N. Jones Rebecca Wisbar Lane Ewing Dale Lee Jeff Wittenbrink product or service involved. The editor reserves the right to reject any advertisement, article or letter. Greg Gouner John McLindon Robert A. Woosley Lexi Holinga Christopher K. Odinet Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected]. All Rights Reserved • Copyright ©2015

4 Around the Bar May 2015 letter from the president Adapting in the computer age BY ROBERT J. BURNS JR. (without green tights or a red cap)

“Art the Ribbon Man” was known to every offi ce manager on Poydras Street for the last 30 years. He called on law fi rms and other businesses in New Orleans to sell them offi ce products. He got his nickname (self-imposed, I’m fairly certain) because he sold box after box of typewriter ribbons. History lesson, here, for all who qualify as members of the Young Lawyers Section: a typewriter is a desk appliance that was once used to print words on a page by pressing keys, which caused a small steel arm to fl y toward a sheet of paper that had been rolled onto a cylinder. At the end of the steel arm was a stamped symbol. In between the paper and the cylinder was a ribbon soaked in ink. When the ribbon ran out, the typing stopped. That’s where Art came in. Every couple of weeks or so, he’d check in to see how many ribbons were needed so that the typing continued. Art was a very important man, as far as commerce was concerned. Without him, words did not make it to the page. With the advent of word processors and computers, Art’s ribbons went the way of the DoDo Bird. So did typewriters. Thankfully for Art, he adapted. His clients love him because he is entertaining and sells products that clients need in the age of the Internet and the computer. As far as I know, he still dresses up like an elf during Christmas season and calls on his clients, still announcing himself as “Art the Ribbon Man,” green tights, red cap and all. In 1991, the year I took my oath as a lawyer, the practice of law bore very little resemblance to its modern day counterpart. Carbon paper was the standard means Robert J. Burns Jr. by which copies were made. A bottle of Wite-Out correction fl uid sat on every desk. Waste-baskets brimmed with balled up paper. Fax machines were in their infancy, and their print faded so quickly that you’d think they used disappearing ink. The lawyer’s fi les contained page-after-page of letters, pleadings, documents, copies of cases from the library, legal pads full of hand-written notes, and countless other important papers. Entire rooms in the law offi ce housed nothing but fi les. The library was the largest and most expensive room in the law offi ce. It was fi lled with volumes of case books, treatises, statutes, law review articles and countless other bound volumes of practice- related texts. Shepard’s Citations was the essential tool in every library—the only means by which to determine if a cited case remained good law. Cellphones were of laughable size and were better at being paper weights than means of communicating. The tech-savvy lawyer carried a pager. There were generally three means of communicating: in person, by phone or by letter. Any of these were acceptable, and all were absolutely secure. If a lawyer wanted to convey important information to a client, she often did so fi rst by phone, then followed up with a letter confi rming the conversation. My, how times have changed. Now, the backspace button on every personal computer has done away with an entire industry of blot-out paint bottles. Version after version of a document is reviewed, revised, rewritten and amended without a single sheet of paper being used. The paperless offi ce is quickly becoming the standard. Instead of manila folders with labels, “fi les” are things created on a hard drive, and millions of them are stored on computer chips. Legal research has moved from the library to the desktop computer. A universe of information exists at the lawyer’s fi ngertips, and even the most complex research task can be completed with a few keystrokes, provided the input is precise. Communications are most often made electronically, whether by cellphone, email or text. Please don’t take this as nostalgia. Yes, change is expected and inevitable, but the pace of change is mind-boggling. I consider myself armed with all of the luxuries and conveniences that technology affords, yet I have little to no understanding how any of it works. I log in to my fi les over some invisible network and work electronically. I communicate with clients constantly with my smart phone, but I have no idea whether my cellphone conversations, emails and texts are secure. I place full confi dence

May 2015 Around the Bar 5 in the IT guy at my offi ce, but I haven’t a clue whether GAIL’S GRAMMAR the “fi rewall” he says is in place actually works to protect important and confi dential client information. The words desert and dessert are frequently Lawyers are not alone in these times of sweeping confused. The noun desert means an arid region; change. Law enforcement faces these issues every day when the verb desert means to abandon. Dessert (with an it comes to striking a balance between investigating crimes extra “s”) is something yummy we eat after a meal. and protecting private rights. Industry faces enormous My fourth-grade teacher taught me this mnemonic: challenges as it embraces this age of cyber-commerce and You want a second helping of dessert; dessert has a confi dential consumer information. Private citizens vest second helping of “s.” so much of their lives and work in the security of their computers that catastrophe seems a single virus away. A related area of confusion is the expression “just This year, the annual Baton Rouge Bar Association’s deserts.” It means that someone got what he or she Bench Bar Conference will focus on how technology deserved, not that the person received a treat. Thus, affects the lawyer and the law. Specifi cally, the conference will focus on various aspects of privacy. The committee deserts with one “s” is the proper word, not desserts. has worked very hard to see that a full complement of Send suggestions for future Gail’s Grammar columns to CLE (12.5 hours) can be earned, all the while making the Gail Stephenson at [email protected], presentations interesting and helpful. We’ve assembled or call Gail at 225.771-4900 x 216. quite a talented group of presenters, and we hope that the presentations will assist our members to face the future CORRECTION: The March 2015 with a good understanding of how lawyers and technology Around the Bar incorrectly identifi ed intersect in this fast-changing world. Jeanne Rougeau on the cover image as Jeanne Comeaux. Like Art the Ribbon Man, may we all adapt to the The co-chairs of the 2015 Easter changing landscape. But, for goodness sake, please leave Eggstravaganza Project were (L to R) the green tights and red cap to Art. Madison DeWitt, Francisca Comeaux, Erik Kjeldsen and Jeanne Rougeau. We regret this error.

6 Around the Bar May 2015 may bar luncheon LSU Men’s Basketball Head THURSDAY, MAY 7, 2015 Coach Johnny Jones Jr. to speak

The BRBA May Bar Luncheon will reaching out to fans and giving them take place from 11:45 a.m. to 1 p.m., an exciting style of basketball to watch Thursday, May 7, 2015, at Ruffi no’s at in the Pete Maravich Assembly Center De La Ronde Hall, 320 Third St. John has been a strong selling point to fans Henry “Johnny” Jones Jr., head coach and recruits. of the LSU Men’s Basketball since April 13, 2012, will be the luncheon In his time at LSU, the Tigers have speaker. Jones recently concluded his brought in nationally-ranked recruiting third season of coaching the Tigers classes and two of those players enter and his contract has been extended the season off results that earned them through 2019 by the LSU Board of SEC citations. In his opening statement Supervisors. after being hired, Jones brought back the “HIT” philosophy of LSU Jones’ involvement with LSU has Basketball that Coach Dale Brown spanned a total of 20 years, including used when Jones played and coached. four years as a player, 13 years as a The “HIT” philosophy stands for member of Dale Brown’s coaching LSU Men’s Basketball Head Coach Johnny Jones Jr. “Hard, Intelligent and Together.” staff and three years as the head coach at LSU. From 2001 to 2012, Jones served as the Head Members of the BRBA may attend the May Bar Luncheon Coach to the University of North Texas. at Ruffi no’s at De La Ronde Hall, 320 Third St., for $30 per BRBA members and $40 for guests who are non- For Jones, just the fi fth LSU alum to hold the top position members. Space is limited, so please RSVP by 4:30 p.m. in the men’s basketball program and the third to have Monday, May 4, 2015. Fax the form below to Katherine played and served as head coach, his beliefs about at 225-344-4805 or [email protected].

Please complete this form and fax this entire page to the BRBA at (225) 344-4805 by 4:30 p.m. Monday, May 4, 2015.

Bar Roll No.______Please indicate your membership/affi liation: ❏ Baton Rouge Bar Association member ❏ guest

Name______Firm______

Address______

City ______State ______Zip ______

Phone ______Fax ______

Email ______

LUNCHEON — YES, register me for the MAY BAR LUNCHEON at Ruffi no’s at De La Ronde Hall, 320 Third St., which will take place ❏ Thursday, May 7, 2015, at 11:45 a.m. at $30 per BRBA member and $40 per non-member. Please reserve your seat by 4:30 p.m. Monday, May 4, 2015. Fax to 225-344-4805. Cancellations must be made by 4:30 p.m. Monday, May 4, 2015. “No shows” will be invoiced. Online registration is also available at www.BRBA.org.

If paying by credit card, please include the following: To register for this luncheon and pay by credit card, Name on credit card: ______go to www.BRBA.org, Type of card: (circle one): MC VISA AmExpress Discover select the EVENTS tab, then click on LIST Card Number: ______and choose the appropriate meeting. Exp. Date: ______Security code: ______

May 2015 Around the Bar 7 tales from the bar side BY VINCENT P. FORNIAS Poles apart

Whoever thought that tax law was as exciting as petitioner, through the testimony of its expert, had failed watching your lawn grow has overlooked the scintillating to meet its burden since, disappointingly, no evidence had secrets lurking in the pages of its jurisprudence. Take, for been presented depicting the performances, nor had the instance, New London Corp. v. St. of N.Y. Tax Appeals expert “observed [or] had personal knowledge of what Tribunal, 19 N.Y. 3d 1058 (2012). occurred in private areas.” In a particularly interesting Therein, petitioner, who operated something termed choice of words, the court concluded that if the performance “an adult juice bar” in Latham, N.Y. (available juice of “ice shows presenting pairs ice dancing performances” ﬂ avors and sizes went unmentioned), contended that were not entitled to the exemption, then surely a club his establishment merited a statutory exemption from a “presenting performances by women gyrating on a pole to New York tax imposed on a wide array of entertainment music, however artistic or athletic their practiced moves and amusement venues ranging from sporting events are,” was not deserving of the exemption. to ice shows to magic performances. The legislature, The stiff dissenting opinion argued forcefully that the apparently in the spirit of encouraging cultural and dancers in petitioner’s emporium “worked hard to prepare artistic performances, enacted an exemption from this their acts,” noting with some degree of judicial notice that tax for “dramatic or musical arts performances.” Enter “pole dancing is actually quite difﬁ cult....” Decrying the petitioner, claiming that the exotic stage and private couch irrational distinction imposed by the majority between dances featured at his emporium rivaled anything seen in “highbrow dance and lowbrow dance,” the dissent Radio City Music Hall—not counting the juice. analogized to a palpably unconstitutional discrimination Apparently, prior decisions construing this exemption between literary works found in Hustler as opposed to somehow required that exempt dance routines be The New Yorker (cartoons excepted, of course). “choreographed performances.” The court then found that Do not dance around this issue, dear reader(s).

8 Around the Bar May 2015 To run or not to run: BRBA members who run marathons

BY REBECCA WISBAR

Oprah Winfrey, Keith Richardson, George Bush, last 1.35 miles of pain, they can thank the British royal Heather Cross, Will Ferrell, Terrel Thomas, Jennifer family. Sims, Julie Baxter, Stephen Whalen, Craig Watson, Valerie In 2014, there were over half a million U.S. marathon Bargas, Nicholas Sparks, Jordan Faircloth, Bill Lowrey: runners. This constitutes a group exhibiting dedication, What experiences have they all shared? Each of them is a perseverance, self-discipline and joy. marathon runner. While they may not have simultaneously BRBA member Keith Richardson experienced that joy shared the identical marathon route, they have shared while running on the original marathon route in November similar running experience. 2014. Interestingly, as Keith followed in the footsteps of history by running in the Greek marathon, he mentally Reasons you should not run a marathon noted that the beginning of the route reminded him of Let’s begin with my non-marathon runner question: the landscape of San Diego. Eventually, Keith ran past an “Certainly there are reasons not to run a marathon?” The ancient church in the Greek rural setting. As people exited most consistent response is: There is absolutely no reason the service on the warm Sunday morning they cheered for not to run a marathon. However, there is an “escape the runners, and a Greek woman reached toward Keith, clause”: Don’t run a marathon unless you have trained handing him an olive branch. As he ran, he accepted the for a marathon. With that aside, here are encouraging tribute, carrying it with him throughout the race, and thoughts about marathons from our legal colleagues. fi nally home. The size of the marathon crowd increased as the runners approached Athens. Upon entering the Adventure vacations and training Olympic stadium, the runners received more accolades and A marathon commemorated the run in 490 B.C. of a golden medal. Years earlier, when Bill Lowrey ran the Pheidippides from a battlefi eld at the site of the town Greek marathon, his runner’s number was printed on cloth Marathon to Athens. According to legend, he delivered instead of paper, as is done today. While running the momentous message “victory,” then collapsed and the original marathon route was unique, the died. The current Athens marathon course is recognized runners’ experiences were similar to that of as the original marathon route. It is the same route that other marathon runners on different routes. was used in the 2004 Athens Olympics. Until the 1908 Both Keith and Bill shared many of the same Olympic games in London, a marathon race was thoughts that were verbalized to me by other 24.85 miles. At that time the distance was changed runners. to 26.2 miles to cover the ground from Windsor Terrel Thomas’ running experiences began Castle to White City Stadium. The additional 1.35 when her neighbor suggested that they begin miles were added to provide that the race would a morning run. Initially Terrel declined, but 11 fi nish in front of the royal family’s viewing box. marathons later she is now an enthusiastic advocate of As today’s marathon runners push through those marathon running. Every morning she runs with a group of

May 2015 Around the Bar 9 three friends who choose one marathon Craig Watson and Bill Lowrey have run marathons a year as a destination site. Training in each of the 50 states at least once. In fact, each has and traveling with the same group of run marathons on almost every continent. Craig has friends has created certain traditions. run 220 marathons since 1996. Among their shared One tradition is the marathon breakfast marathon experiences was of a bagel topped with banana and the Two Oceans Marathon, peanut butter. Another travel tradition a 35-mile ultra marathon in is a “marathon packing list,” which South Africa. The runners includes items such as a throw-away traverse the route between jacket, gloves (just in case) and food the Atlantic Ocean and the items, such as a power Indian Ocean. According bar and GU, an energy to Bill, another memorable gel well known among marathon was in Medoc, long-distance runners. France. In addition to The physical the water stops found demands of running throughout all races, Medoc more than four hours provided wine stations. require that runners Jennifer Sims remain hydrated and notes that physical fueled with healthy preparation, more than food. GU is an easy to mental preparation, is carry mix of carbohydrates that the key for long-distance promises to deliver long-lasting running. In preparation energy. According to Terrel, the for her marathons, she mixture’s taste and consistency is runs four to six miles best compared to a melted gummy approximately three bear. This was the most favorable times a week and then culinary review from any of the weekend “long runs” runners. that vary from eight to 20 miles. Jennifer, like Heather Cross has raced in In the photos above are (counter many marathons. While running in clockwise): Keith Richardson (top); many runners, trains the Vancouver marathon last spring, Julie Baxter (at the Louisiana with a running partner she enjoyed seeing the city during Maraton); Keith Richardson or partners a majority of (in Greece at the Athens her 26.2 mile run. She commented Maraton);Terrel Thomas (and her the time. Occasionally, that when you are on foot, you running group in St. Louis, Mo.); her running partners are really see the city as opposed to and Jennifer Sims (at the Sonoma her daughters in their Water to Wine half marathon). driving through a new area. She stroller. She hopes that advises aspiring marathon runners her daughters will be interested in running with her to choose a spring marathon, as Louisiana provides the one day. Jennifer ran in the Sonoma Water to Wine half best training weather through the preceding cool months. marathon. The route took the runners through beautiful Julie Baxter recently completed her ﬁ rst marathon, the vineyards. In addition to the picturesque run, participants Louisiana marathon on Jan. 18, 2015. In addition to the had a sampling of wines past the ﬁ nish line. recommendation that you train consistently, Julie offers Jordan Faircloth recommends “having a plan and a recommendation learned the hard way. She developed sticking to it.” He also recommends having a training plantar fascia as a result of running too many training miles partner. He noted that a training partner keeps you in the same pair of shoes. Accordingly, Julie recommends: accountable and makes long training runs bearable. “Don’t skimp on replacing those old shoes!” Most runners found that having a partner was key to I asked each of the runners for their thoughts on their preparation and truly increased the enjoyment of race barefoot running. All responded with a resounding day. During a race the majority of runners experienced applause for anyone willing to do that and noted that they their greatest challenge at the time they “hit” mile 21 had no desire to count themselves in that number. Julie or 22. (Remember to thank the British royal family for added that, as a girl who grew up watching Olympian Zola those extra miles.) Runners call on different motivations Budd run in South Africa, she had nothing but admiration that enable them to push on when they hit that wall. for anyone who could run barefoot. For Faircloth it is “usually the old guys that would

10 Around the Bar May 2015 otherwise pass me. I can’t let that happen!” Additionally, demands with a better perspective after a run. Each race is there is the anticipation of the fi rst cold beer at the end an opportunity to compete against yourself, your last time of the race. For Heather, the challenge of making it to and your last experience. In a legal practice that includes the fi nish line motivates her. Stephen Whalen fi nds that a signifi cant amount of competition, the opportunity to it’s the sense of personal accomplishment in fi nishing a improve a skill solely for your own benefi t appeals to each marathon. Jennifer Sims fi nds motivation in seeing people of the attorneys. along the route and hearing them cheer for the runners. Many of the long distance runners have discovered Julie found encouragement from many people along the that they favor the half marathon over the marathon. route, particularly in the signs held aloft by viewers. She Valerie, Stephen and Heather noted this preference. remembers one sign that read, “Most people don’t even Valerie’s marathon experience to date has focused on drive 26 miles on a Sunday.” Stephen recalls running half marathons. One reason for the popularity is that the New York City Marathon, where “The prestige and half marathons do not require as much training and crowds are hard to beat. There are thousands of fans when preparation time, but still provide most of the benefi ts you enter Manhattan from the Queensboro Bridge.” of a marathon run. Surveys show that half marathon popularity has soared in the United States, with 1.85 Benefi ts of long distance running million people completing them in 2012. Each and every person noted that running is time away The benefi ts of training for a marathon or half from cellphones and email. As Terrel noted, running time marathon are myriad. Actually running in the race is time distinctly belonging to you. Valerie Bargas treasures provides a sense of camaraderie and the knowledge that that time, running four days a week for fi ve to eight miles you have successfully reached your goal. There is also the at a time. She notes that running, like litigation, requires distinction of being part of an elite running group. Not endurance and stamina. All runners noted the benefi t of everyone is a runner, and, of course, not every runner is a clearing their minds during a run, a benefi t treasured by marathoner. The added bonus to these rewards, depending runners whether they train alone or with a running partner. on your race choice, is the wine or beer festival on the Running provides a break from the demands of work or other side of the fi nish line. home. Each runner noted the ability to return to those

May 2015 Around the Bar 11 Security Deposit Law in Louisiana residential leases: Issues, trends and future developments BY CHRISTOPHER K. ODINET

INTRODUCTION remedy unreasonable wear to the premises.”6 As to what In general, Louisiana is not known for its tenant- constitutes a default, the lease provisions govern this topic friendly lease laws.1 In fact, in many respects, Louisiana and can include whatever acts (or omissions) the drafter tends to favor the rights of the landlord. The most recent desires.7 The issue of undue wear and tear is a facts-and- revisions to the law of lease took place in 2004 and circumstances determination.8 were led by the Louisiana State Law Institute, although In the event the lessor retains all or part of the deposit, these amendments dealt primarily with leases in general he must furnish the lessee with an itemized statement that (whether residential, agricultural, commercial, industrial accounts for and explains why the proceeds were retained.9 or otherwise). However, one of the admittedly few arrows This statement must be provided to the tenant within one in the quiver of the residential lessee is the security-deposit month of the termination of the lease,10 but it need not statute found at Louisiana Revised Statutes 9:3251 contain actual receipts for repairs to the premises or other through 3254, fi rst enacted in 1972. This series of statutes related paperwork.11 provides protections to residential tenants insofar as In the event the lessor willfully fails to comply with it relates to the landlord’s ability to withhold a security these requirements, the lessee may seek judicial recourse deposit and to apply such amounts against obligations by fi ling suit in the parish of the lessor’s domicile or where that the tenant failed to perform. Nevertheless, certain the property is situated12 and thereby obtain the greater aspects of the statute are ambiguous and leave a number of $200 or actual damages sustained.13 Courts typically of issues open to interpretation. The following provides a hold that the lessor’s failure to return the deposit based on general overview of the statute, and ruminates on some of specious, arbitrary or capricious reasons, or for reasons these uncertainties. that are unjustifi able or clearly wrong, will subject the lessor to sanctions.14 Nevertheless, such damages are OVERVIEW available to the lessee only in the event he can show that the lessor willfully failed to comport with the requirements of Admittedly the security-deposit statute itself is not well the statute. Since proving such intent can often be diffi cult, drafted. It uses “landlord or lessor,” “lessee or tenant,” and the statute gives the lessee some relief by declaring that the “residence or dwelling” throughout and interchangeably, lessor will be deemed to have willfully refused to meet the although there is clearly no difference between the pairings. obligations of the statute if he fails to return the deposit Also, it speaks in terms of a “written or oral lease or rental within 30 days after the lessee makes written demand on agreement” despite the fact that leases can be only written him.15 The court may also, at its discretion, grant costs or oral, and a rental agreement and a lease are one and the and attorney’s fees to the prevailing party.16 same. Nevertheless, the security-deposit statute provides The fi nal section of the security-deposit statute a set of guidelines for lessors and lessees to follow with comprises perhaps its most important provision: “Any regard to how the security deposit is to be handled and waiver of the right of a tenant under this part shall be utilized. First, the scope of the statute limits itself to purely null and void.”17 In so providing, the law cuts off the instances where the leased property is used as a residence.2 ability of lessors to entice their lessees to dispense with Thus commercial, agricultural and industrial leases do not the protections provided by the statute via contractual come within its ambit. waiver. Also, within one month from the date of the lease’s termination (either pursuant to an indeterminate term with proper notice given3 or at the end of a determinate QUESTIONS AND OPEN ISSUES term4), the lessor must return the security deposit to the Despite the protections that the statute purports to lessee.5 The lessor may keep all or a portion of the security grant, many questions remain unanswered and more than deposit only if such amounts are either “reasonably a few anomalies exist within the statute itself. A number necessary to remedy a default” by the lessee or “to of these are set forth in brief below.

1122 A Aroundround tthehe BarBar MMayay 22015015 May 2015 What is a security deposit? When can a security deposit be used? A problem that has particularly plagued courts in Another issue that remains ambiguous is whether the other states has been how to specifi cally qualify what lessor can avail himself of the security-deposit funds to the security deposit is. In Louisiana, the statute describes remedy a default prior to the end of the lease. The statute security deposits as being “[a]ny advance or deposit of itself states only that the lessor must return the money to money furnished by a [] lessee to a [] lessor to secure the the lessee within 30 days of the end of the lease, but he performance of any part of a [] lease.”18 Jurisprudence can retain amounts necessary to remedy a default or to indicates that there are payments that can look like repair undue damage.30 It does not, however, say when deposits but may nevertheless fail to qualify. This would those monies may be appropriated and therefore utilized. include a payment made to hold an apartment unit while Since the statute provides no prohibitions, it would seem the prospective lessee decides whether to enter into the as though the lessor can use the funds whenever it is lease19 and possibly even a non-refundable pet deposit.20 necessary. Thus, if a lessee causes damage to the premises On the one hand, many believe the security deposit (beyond normal wear and tear) on the second day of the represents an obligation by the lessor to return the amount term of the lease, the lessor could ostensibly use the funds given to him at the beginning of the lease to the lessee at from the security deposit at that moment to make the the end of the term (like an interest-free loan).21 Therefore, needed repairs. Of course, he need not utilize the funds it matters not whether the precise dollars are given back to in this respect if he does not so desire. Rather, he would the lessee, but only that an amount equal to those dollars more likely prefer to cause the lessee to pay for the repairs is remitted. On the other hand, many courts in other states from his own funds31 so that the lessor could retain the have held that the security deposit is actually collateral full security deposit for later use after the termination of encumbered by a security interest under UCC article 9 that the lease when he has less sway over the lessee. secures the lessee’s obligations under the lease in favor of the lessor.22 This classifi cation means a number of things. What happens if the lessee abandons the leased premises? First, it signifi es that the cash deposit (the collateral) is An interesting anomaly in the security-deposit owned by the lessee.23 Second, UCC 9 provides that the cash statute deals with abandonment by the lessee. If a collateral may not be comingled in an account that also lessee abandons the leased premises prior to expiration contains other non-collateral cash deposits of the lessor.24 of the term—or abandons prior to the time for giving Thus, a lessor would have to keep the security deposit in notice in the case of an indeterminate term residential a separate bank account (perhaps with other lease-related lease32—then the entire security deposit is forfeited.33 This security deposits) and could not also deposit his business provision is meant to punish those lessees who surrender or personal cash into that account as well.25 Third and both physical possession of the property, as well as the last, any interest earned on the deposit would have to be intent to continue possessing the property as lessee, by applied toward satisfaction of the lessee’s obligations (like essentially making their deposit non-refundable.34 This is payment of rent) or else returned to the lessee at the end of true even if the lessee has left the premises in otherwise the term along with the deposit itself.26 pristine condition. The issue of which view Louisiana courts take is This result might seem reasonable since the lessor is unclear, and the statute itself does not stipulate. The law now potentially deprived of the future rent, but consider does, however, state that in the event the leased property is the consequence of a lessee who remains in possession, transferred from the lessor to a new owner, “the transferor but fails to pay all or some of his rent or who takes a shall also transfer to his successor in interest the sum sledgehammer to the walls of the premises. Despite that deposited as security for performance of the lease.”27 he will clearly not be able to recover his security deposit, This language suggests the handing over of possession he is nevertheless entitled to a statement of accounting (or control) of the security deposit, indicating that the within one month of the termination of the lease. Are not relationship of the lessor to the deposit represents more the actions of the lessee who remains in possession more than a mere obligation to pay, but rather the duty to hold egregious than—or at least equally as egregious as—the and subsequently turn over an asset. Also, in the event lessee who abandons? Nevertheless, it is the abandoning of the bankruptcy of the lessee, bankruptcy courts treat lessee who suffers the automatic forfeiture and retains the security deposit as an asset of the bankruptcy estate no right to an accounting or any kind of notice from the and declare the lessor’s interest as being that of a lien on lessor. property, rather than merely an obligation or right of the lessee to demand payment.28 In fact, the Baton Rouge bankruptcy court has explicitly held that security deposits CONCLUSION do not belong to the lessor, but rather to the lessees.29 Louisiana’s law of residential security deposits is currently under review and study by the Landlord-Tenant

MayMMaya 2015y 22015015 AroundAround thethe BarBar 1313 Committee of the Louisiana State Law Institute under 16 La. R.S. 9:3253. the capable direction of its reporter, LSU law professor 17 La. R.S. 9:3254. 18 35 La. R.S. 9:3251(A). Melissa T. Lonegrass. Property lawyers and special 19 Hearron v. Morgan, 345 So.2d 575 (La. App. 4 Cir.1977) (holding interests representing both lessors and lessees are hard at that such amounts constitute liquidated damages). work studying how other states have addressed the issue of 20 Golden v. Riverside Apartments, Inc., 488 So. 2d 478 (La. App. 3 security deposits, as well as how the Uniform Residential Cir.1986). 21 See Sheldon Kurtz & Alice Noble-Allgire, Research Memorandum Landlord-Tenant Act deals with this particularly thorny to the Members of the URLTA Drafting Comm. 2–3 (2012), http://bit. topic. To that end, more is sure to come on this front—as ly/1EnU8qt (hereinafter “URLTA Memo”); see also Yeager v. General well as on residential-lease law more broadly—in the near Motors Acceptance Corp., 719 So. 2d 210 (Ala. 1998); Personal Fin. future. Servs., Inc. v. Gen. Motors Acceptance Corp., 169 F. Supp. 2d 49 (D. Conn. 2001). 22 See URLTA Memo 1; see also In re Verus Inv. Mgmt., LLC, 344 B.R. 1See generally Louisiana Landlord-Tenant Law, Louisiana Housing 536 (Bankr. N.D. Ohio 2006). Alliance 15 (Fall 2013). 23 See generally La. R.S. 10:9-208. 2 La. R. S. 9:3251(A). 24 See La. R.S. 10:9-207(b)(3). 3 La. C.C. art. 2727. 25 See id. 4 La. C.C. art. 2720. 26 Id. 10:9-207(c)(2). 5 Id. 27 La. R.S. 9:3254(B) (emphasis added). 6 See id. 28 See 11 U.S.C. § 51(a) (2015); see also In re Johnson, 215 B.R. 381 7 Op. Atty. Gen., No. 75-35, Jan. 8, 1975 (discussing a contractual duty (Bankr. N.D. Ill. 1997). that the lessee have the premises cleaned). 29 In re Universal Sec. & Protection Serv., 223 B.R. 88, 93 (Bankr. E.D. 8 Lugo v. Vest, 336 So. 2d 972 (La. App. 4 Cir. 1976). La. 1998). 9 Id. 30 La. R.S. 9:3254(A). 10 Id. 31 See La. C.C. art. 2682. 11 Smith v. Callico, 562 So. 2d 1102 (La. App. 4 Cir. 1990). 32 La. C.C. art. 2729. 12 La. R. S. 9:3252(B). 33 See La. R.S. 9:3254(C). 13 Id. 9:3252(A). 34 Hood v. Ashby Partnership, 446 So. 2d 1347 (La. App. 1st Cir. 14 See, e.g., Altazin v. Pirello, 391 So. 2d 1267 (La. App. 1 Cir. 1980); 1984). Curtis v. Katz, 349 So. 2d 362 (La. App. 4 Cir.1977); Lugo v. Vest, 336 35 See S.C.R. 131 (2014); see also La. State L. Inst.: Comms. (last visited So. 2d 972 (La. App. 4 Cir. 1976). Mar. 7, 2015), http://www.lsli.org/committees. 15 See Vinson v. Henley, 38,006 (La. App. 2 Cir. 1/28/04), 864 So. 2d 894.

YOUNG LAWYERS SECTION SUMMER SIZZLIN’ CLE REGISTRATION FORM FRIDAY, JULY 17, 2015 • 8 A.M. TO 12:15 P.M. • MIDDLETON BAR CENTER • 544 MAIN STREET, BATON ROUGE, LA 70801 SEMINAR SCHEDULE 8 - 9 a.m. – Mediation — Speaker: ROBERT J. “BUBBY” BURNS JR., PERRY, ATKINSON, BALHOFF, MENGIS & BURNS

9 - 10 a.m. – Ethics — Speaker: MICHAEL S. WALSH, TAYLOR, PORTER, BROOKS & PHILLIPS

10 - 10:15 a.m. – Break (sponsored by Total Care Injury & Pain Centers)

10:15 - 11:15 a.m. – Law Ofﬁ ce Management — Speaker: DAVID OGWYN, OGWYN LAW FIRM

11:15 a.m. - 12:15 p.m. – What’s New in Civil Procedure — Speaker: JUDGE GUY HOLDRIDGE, FIRST CIRCUIT COURT OF APPEAL

COST: $50 for BRBA members age 39 or younger; $100 for all other BRBA members; $150 for non-BRBA members. To be considered registered, both payment and registration form must be received by the BRBA ofﬁ ce. Reservations may not be canceled after 12 p.m. Wednesday, July 15, 2015. Fill out form with credit card information and fax to: 225-344-4805. Or mail form with a check payable to: BRBA, 544 Main Street, Baton Rouge, LA 70801.

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1414 AroundA Aroundround thethe BarBBarar MayMay 20152015 Job interview don’ts and war stories BY ANN WISE

Are you graduating from law school or entering a job • Don’t use a business contact email address that is search? If you want a chance at that job, there are things religious, sexy or weird. I have seen “hot lips,”“hot you should NOT do in a job interview. During my almost mamma” and “Star Trek lover” addresses on apps. 19 years as the director of the Division of Administrative • Carefully edit and re-read everything you submit, and Law, I have interviewed hundreds of applicants for then have someone whose English skills you admire attorney and staff positions. Some of those interviews review it. were memorable—for all the wrong reasons. This article is about what NOT to do. If you are invited for an interview, treat every contact For instance, don’t do the following. At the time as another opportunity to make a positive (or at least not for his interview, an attorney stood on the sidewalk just a negative) impression. Your attitude and demeanor on outside the front door, yelling angrily into his cellphone the phone will be remembered, so be polite to everyone, and waving off my assistant who was telling him that particularly to support staff. They will report it to the interviewers were waiting. Irritated and bristling, his management if you are unpleasant or diffi cult. demeanor was so aggressive during the interview that I wondered whether this was an undercover state audit of Preparation hiring practices involving how agencies handle diffi cult Always prepare for each interview. It is insulting for people. When asked about his job qualifi cations, in a loud applicants to say they didn’t do anything to prepare and voice and imperious manner, he leaned in and demanded, know nothing about the employer. If you aren’t serious “What are YOUR qualifi cations for YOUR job?” and about your job search, don’t waste others’ time! he attempted to interview me, instead. By keeping the • If you change your mind about pursuing the job or interview tone very low-key, I eventually calmed him. But can’t make the interview appointment, call and cancel. you probably already know that you should not display Be courteous. Don’t just NOT show up! That is both anger management issues or a lack of self-control during bad manners and unprofessional behavior. a job interview. • Think about what you will wear, depending on the Like trial prep, the interview is a multi-step process type of workplace to which you are applying. You may where preparation is as important as good execution. The think this is obvious, but I have been shocked at some process usually starts with submitting an application and applicants’ inappropriate attire. If it is a professional is your fi rst chance to make a good impression. If your workplace, dress professionally. application makes a poor or weak impression, you may Men: Wear a tie properly; the tip should touch not reach the next step, a personal interview. the top of your belt and not have food stains; consider your socks, belt and shoe color; wear a shirt and suit Application that fi ts you, and view in a mirror what it looks like Don’t slap together in a rush your résumé, cover when you sit down and lean on a table. Does your suit letter, writing sample or whatever is required. Your lack bunch up above your shoulders? Is your tie twisted of care will show and will be presumed to typify your backwards? work product: last-minute and sloppy. Avoid giving the Women: Do not wear stiletto heels or casual shoes; impression that you are ignorant, sloppy, careless, lazy, tight, revealing, very clingy or see-through clothing; unmotivated, oblivious, procrastinating or have poor blouses that expose any cleavage at all; or excessive judgment: jewelry or distracting nail art. Do wear a conservative • Don’t misspell words or use improper grammar. hair style and color. Everyone should avoid wearing • Check for inaccuracies in your application and perfumed lotions or sprays, as your interviewers may incorrect dates of employment. be allergic. • Complete all items on the application form; don’t omit • Get into a positive, confi dent mindset before you leave answers. for the interview. • Tweak your basic résumé for each job, showing your qualifi cations for that particular position and how On the way to the interview, don’t get agitated about you will be a good fi t for the job. traffi c. Once you arrive in the employer’s lot, be conscious • Don’t cut/paste/copy the same job duties into the that anything you do may be observed. Park in a proper description of every job you’ve had. The lack of spot. Be aware of what are you doing in your parked car. effort will show. Don’t be vague in describing your Don’t litter, including cigarette butts; you may be seen, and experience; you want your particular experience to many businesses have security cameras that are actively sound like a good match. monitored and recording.

May 2015 Around the Bar 15 Treat all staff persons very well. An in-person interview create barriers. Never place your cellphone on the table begins as you greet your interviewers or their staff in the or anywhere in sight. If you bring it into the room at all, waiting area. In the interview room stand, smile, greet and your cellphone should be off (not even on vibrate). Never shake hands with everyone in the room, and look them answer it if it rings and if it does, apologize profusely. in the eyes in a pleasant, professional manner. If the lead Don’t interview with sunglasses on top of your head and interviewer enters after you have taken a seat, stand up and don’t chew gum. shake hands with him/her as a sign of respect. Failing to do so may make you appear arrogant or ill-mannered. Many Non-verbal communication people shake hands improperly, especially when greeting Your non-verbal communication speaks volumes women. Practice! Applicants have grabbed only my fi ngers and can communicate a very different and even clashing and weakly squeezed them, looked at the ground while message from your verbalized speech. shaking, and/or never looked at me, seemingly eager to get • Eye contact: Should be very frequent and direct, it over with as quickly as possible. neither evasive nor staring. Sometimes men will rudely Be able to engage in relaxed, light chit-chat at the make eye contact primarily with another man in the beginning. If you are very nervous, quietly take a deep room, even if the interviewer is a woman; some women breath and let it out slowly, unobtrusively, a few times. do this, too. You can do this while smiling and listening, too. • Voice: Not too loud or too soft; don’t use your Sitting in a chair is something to practice, too. Sit “courtroom voice” during an interview. up straight and lean forward slightly. Many times an • Posture: No slumping, leaning to one side or leaning interviewee has made a poor impression by leaning away too much on the desk. from the questioner, sometimes increasingly so as the • Hands: I have had interviewees stab their fi nger in the questions got tougher, as if trying to escape. air near my face; spend the interview literally sitting Don’t place a briefcase, umbrella, stack of papers/ on their hands; or nervously pulling, clutching and fi le folder or purse on the interview table, creating a wall moving their hands. Don’t hold items in your hand, between yourself and the interviewer. This sends a negative like a pen that you repeatedly “click.” message to your interviewer. Your goal is to connect, not • Body language negatives: Sighing, repeatedly tossing

FORMER SOCIAL SECURITY JUDGE PETER J. LEMOINE Social Security Disability Law Ofﬁ ces in Alexandria, Baton Rouge, Cottonport

Adjunct Professor (1994-1997), Northwestern State University

MEMBER: American Bar Association, Louisiana State Bar Association, Baton Rouge Bar Association, Avoyelles Parish Bar Association, National Organization of Social Security Claimant Representatives, Legal Services for Purposes of Disability Committee (Louisiana State Bar Association).

PUBLISHED ARTICLES: “The Worn-Out Worker Rule Revisited,” “Signiﬁ cant Work-Related Limitations of Function Under §12.05C,” “Questionable Retirement and the Small Business Owner,” “Crisis of Conﬁ dence: The Inadequacies of Vocational Evidence Presented at Social Security Disability Hearings.” 225-922-4551

16 Around the Bar May 2015 hair, playing with eyeglasses, leaning to one side with a job. If you have little interest in the work, your job whole body and/or head; closing eyes; grabbing head. performance will probably refl ect it, so why would an Have someone practice-interview you and observe employer want to hire you? your body language. So many people are unaware • Don’t cry! Practice, and prepare yourself mentally that they display odd and off-putting nervous habits. to respond to questions about your job history. Learn what your nervous tics are, and control or Applicants have “melted down” when asked simple, reduce them. normal questions about why they want to leave their • Demeanor: Interviewees have ranged from pugnacious current job or why they left their last job. to meek. Do show some energy and enthusiasm for • Show sincere interest. the job, but don’t be over the top. Adjust your level of formality, or joviality, try to fi t in or see if “trying on” Verbal communication: Fielding questions the offi ce’s tone feels right to you. Don’t be frenetic, but A critical part of the interview is providing information don’t be withdrawn, with little affect; the interviewer by answering questions. You know this and should be wants to see your personality. Some applicants have prepared to deal with it. Think: What does this potential declared they are tired of practicing law and just need employer want and how do I show that I am that person and a good fi t with their business needs? You should think about all the questions you are likely to be asked about your job experience, and practice answering them. In responding, be conscious of your manner of responding: • Do NOT lose your composure. Interviewing is full of unknowns and, often, tough questions. Mentally prepare yourself for them. • Don’t babble. Answer the question and then stop. Don’t be abrupt, but indicate you can answer a straightforward question, directly. • Watch the interviewer(s) and pick up on nonverbal cues that they are ready to move on, and wrap up your answer. Adjust during the interview to your interviewer’s cues. • Be aware of what you do with your voice and body when you don’t know an answer or are thinking. Do you make faces, roll your eyes, sigh, stare too long at the table or fl oor, reduce or avoid eye contact, or exaggerate your voice? • Handle getting interrupted while you are answering; the interviewer may want to see whether you can juggle your thoughts and are mentally agile enough to switch easily from one topic to another without becoming frazzled. • Don’t use poor verbal and written grammar.

What are some question-answering no-no’s? • Don’t go to an interview in a state of ignorance. Do some research about the prospective employer. • Don’t respond to the normal question, “Why do you want this job?” with, “I don’t know,” or “I’m not sure that I am interested” unless you are signaling you are

May 2015 Around the Bar 17 ready to end the interview. Don’t say, “I’m not happy • Don’t assume you can work at home or take leave or where I am/with what I am doing and want to try vacations whenever you want. something different/ I want something easier, less • Don’t assume you can get the highest pay level in the stressful, want to retire.” Why would the employer range. Ask about this, and consider it when making want to hire an uninterested, unhappy, stressed-out, your decision if offered a position. ready to checkout employee who’s looking for as little • Don’t lie about your experience and skills. work as possible? • Don’t divulge too much personal info. • Don’t be hesitant or unprepared to answer questions about current and prior jobs, and employment gaps in At the end of the interview, thank the interviewers your résumé. Come ready to handle tough questions; for their time. Stand, smile and shake hands with each go in having considered what questions are likely, person. Even if you have decided this is not the job based on your job history, and how you will respond. opportunity for you, leave them with a good impression • Don’t reveal confi dential information about former of your professionalism; you never know when you may or current employers and their family members. be working with (or for) any one of them in the future. Some attorneys freely badmouth prior clients, even Don’t rudely all but run out of the room in your haste. naming them. Why would the interviewer want to (Yes, this has happened, too.) Most of these tips are just hire someone who is indiscreet and can’t be trusted to common sense, but nerves cause people to act differently, keep confi dences? often unconsciously. Remember, the interview is a • If the employer tells you about job restrictions that conversation. You invite your interviewers to ask questions you won’t accept, don’t accept an invitation to a about your background and experience, and they invite second interview to reveal that you can’t work those you to ask questions about job duties and work policies. hours, or expect that you won’t have to do so. One Both parties are looking for a fi t, and ultimately, you want applicant said he wanted to be free to leave whenever to be a memorable candidate for your skills, experience, he wanted during the workday. (I suggested he be self- professionalism and personality, not memorable for your employed.) rude behavior or lack of preparation.

18 Around the Bar May 2015 bar news

BRBF Law Day Activities to take place May 1 LABBE PAMELA BY PHOTO

The BRBF Law Day opening ceremony will take place Friday, May 1, 2015, just following a naturalization ceremony, at the Baton Rouge River Center Theatre. This year’s Law Day guest speaker is East Baton Rouge District Attorney Hillar Moore III. The Easter bunny (Erik Kjeldsen, above) interacts with students from Talya Bergeron is the chair of the 2015 Law Day St. Francis Xavier Thursday, April 2, 2015. Committee, and Robert Savage is the vice chair. Donna Buuck is the staff liaison to the committee. For more information about this event or to volunteer, contact Donna at 225-214-5556 or [email protected].

BRBF Easter Eggstravaganza Project organized LABBE PAMELA BY PHOTO egg hunts for inner-city school children

Due to the generousity of the Baton Rouge bar, the Volunteers (L to R) who assisted with the Easter egg hunts at St. Francis 2015 Easter Eggstravaganza Committee provided 14,301 Xavier were Melissa Watson, Erin Sayes, Franscisca Comeaux, Michael candy-fi lled plastic Easter eggs to three inner-city Baton Victorian, Erik Kjeldsen (bunny), Heather Landry, Katherine Dampf and Rouge schools. The Easter egg hunts took place Monday, Shanda McClain. March 30, 2015, at The Dufrocq School; Wednesday, April 1, 2015, at University Terrace; and Thursday, April 2, 2015, at St. Francis Xavier. Francisca Comeaux, Madison DeWitt, Erik Kjeldsen and Jeanne Rougeau served as this year’s event chairs. Carole McGehee is the staff liaison to the Volunteer LABBE PAMELA BY PHOTO Committee. A very special thanks to the following law fi rms and individuals for egg and candy donations and for making this project possible: Adams and Reese; Judge Yvette Alexander; Attorney General’s Offi ce; Jessie Bankston; East Two Easter egg hunts were held at The Dufrocq School Monday, March Baton Rouge Clerk of Court; Francisca Comeaux; Jeanne 30, 2015. Photographed are (L to R) Georgia Shirley, Cherita McNeal, Erik Comeaux; Bridget Denicola; Madison DeWitt; First Circuit Kjeldsen, Caty Gits and Drew Nordgren (bunny). Court of Appeal; Kean Miller, LLP; Erik Kjeldsen; Robin Krumholt; Long Law Firm, LLP; LSU Delta Delta Delta Baton Foundation presents clock as a gift to the Sorority; McGlinchey Stafford, PLLC; Phelps Dunbar; city at April 9 ceremony and reception Jeanne Rougeau; Southeast Louisiana Legal Services; St. Joseph’s Academy; Taylor Porter, LLP; Melissa Watson; The Baton Rouge Bar Foundation presented to the Watson, Blanche, Wilson & Posner; and Ann Wise. City of Baton Rouge a clock honoring their shared history The committee would also like to thank everyone at a ceremony followed by a reception Thursday, April 9, who assisted with the Easter egg hunts. Volunteering 2015, at 3:30 p.m. on the stage in the North Boulevard at The Dufrocq School were Drew Nordgren (bunny); Town Square. The 17-foot clock tower, erected on the Caty Gits; Erik Kjeldsen; Cherita McNeal and Georgia corner of North Boulevard and St. Louis Street, is a Shirley. Volunteering at University Terrace were Beau beautiful addition to the area. Brock (bunny); Blaine Aydell; Rebecca Clement; Bridget At the event, Mathile W. Abramson served as master Denicola; Erik Kjeldsen; Lori Palmintier and Anne K. of ceremonies and BRBA President Robert J. “Bubby” Smith. Volunteering at St. Francis Xavier School were Erik Burns Jr. opened the event by welcoming all guests. John Kjeldsen (bunny); Francisca Comeaux; Katherine Dampf; Price, Assistant Chief Administrative Offi cer for the City Heather Landry; Shanda McClain; Erin Sayes; Michael of Baton Rouge, accepted the donation of the clock on Victorian; and Melissa Watson. behalf of Mayor-President Melvin L. “Kip” Holden. Local judges and dignitaries were in attendance.

May 2015 Around the Bar 19 Designed by local architect Skipper Post, the clock was constructed by Electric Time Company, Inc., in Medﬁ eld, Mass., located just outside of Boston. Although the concept for the clock originated more than a decade ago, its installation was delayed until the completion of the 19th Judicial District Courthouse and the North LABBE PAMELA BY PHOTO Boulevard Town Square. Funds to purchase this clock were raised during a foundation auction and block party, which was held in May 2004 as part of the Baton Rouge Bar Association’s 75th Anniversary Celebration. Michael Ferachi was president of the Association at the time, and has actively helped to plan this ceremony with the assistance of the Photographed at the Clock Ceremony Thursday, April 9, 2015, are (L to R) Gift Planning Committee, which includes Mathile W. 2015 BRBA President Robert J. Burns Jr., Mathile Abramson, Davis Rhorer Abramson, Robert J. “Bubby” Burns Jr., Jeanne Comeaux, and Skipper Post. Post, the architect behind the clock tower design, was honored with a certifi cate of appreciation during the outdoor ceremony Cordell Haymon, Katherine Fremin, Kelsey Funes, Jay held at the North Boulevard Town Center. Jalenak, Ann McCrory, Gail S. Stephenson, Judge Suzan Ponder and Edward Walters Jr. Ann K. Gregorie is the Wills for Heroes to be held May 29 executive director of both the BRBA and the BRBF. Special thanks to Davis Rhorer and Casey Tate of the A Wills for Heroes program will be held at the Downtown Development District for their assistance in Middleton Bar Center, 544 Main Street, from 9 a.m. to 5 planning the event. p.m. Friday, May 29. Training will be held Thursday, May 28, 4-5 p.m. Contact Robin Kay for volunteer information: Middle District Court is eighth most productive 225-214-5561 or [email protected].

According to a Wall Street Journal bog, the Middle Sponsorships available for Law Expo 2015 District Court of Louisiana is the eighth most productive federal court in the nation. Check out the WSJ blog, The Fall Expo & Conference is Thursday, Sept. 17, http://blogs.wsj.com/law/2015/04/06/which-federal-trial- 2015, at L’Auberge Casino & Hotel Baton Rouge. Call court-is-most-productive/ to view the full article. Pamela at 225-214-5560 for sponsorship information.

20 Around the Bar May 2015 May 2015 Around the Bar 21 The Pro Bono Project is ﬁ nancially assisted by the Interest on Lawyers’ Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation; Southeast foundation footnotes Louisiana Legal Services; Family, District and City Court Filing Fees and the Baton Rouge Bar Foundation. The “Future Legal Eagles Law Club” is funded by PRO BONO, TEEN COURT & JPA REPORTS — MARCH 2015 a grant from the South Burbank Crime Prevention and Development District. PRO BONO PROJECT REPORT—March Ask-A- Casteel & Associates; Doran Drummond, Keogh, Cox Lawyer volunteers were James Austin, Adams and Reese; & Wilson; Sharon Florence; Joanna Hynes, Kuehne and Renee Pennington, Sumpter B. Davis, III, APLC; Spencer Foote; Cherita McNeal; T. Matthew Meek; Sarah Thigpen, Schoonenbeg, Mayhall Fondren Blaize; Miranda Scroggins, LeClere Law Firm; and Lykisha Vaughan. Louisiana Dept. of Revenue; and Emily Ziober. The Thirst for Justice volunteers in March were TEEN COURT REPORT—Monica Vela-Vick and Tavares Lindsay Anderson, Robert Chapman, Amber Day, Trey Walker served as judges for the March Teen Court hearings. Dominque, Peter Ellis, Jeff Rabb, Scott Sonnier, Dudley Professor Paul Guidry, Baton Rouge Community College, DeBosier Injury Lawyers; Fred Crifasi; Scott Gaspard; served as jury monitor. Deborah Gibbs; Nicholas Graphia; Allen Posey; and Judge Kathleen Richey (Ret.). JUNIOR PARTNERS ACADEMY—As part of their law The Self Help Resource Center attorney volunteers week activities, Southern University Law Center students were Joseph Ballard, Todd Manuel, Entergy; Caroline coordinated a half-day event Friday, March 20, 2015, Barnes; Hunter Bertrand, John Dunlap III, Dunlap for the SU Lab second-grade students, who investigated Fiore; Sharon Florence; Denise Lee, Louisiana Workforce a crime and held a mock trial. Professor Wendy Shea Commission; Sarah Jamie Campbell, Southeast Louisiana coordinated the event. Legal Services; Adekunle “John” Obebe, Bayou Law; Cody Passman, Myler Disability; Jennifer Prescott, deGravelles, FUTURE LEGAL EAGLES LAW CLUB—Dr. Timothy Palmintier, Holthaus & Fruge; and Spencer Schoonenbeg, Johnson, Interim Director of Recruitment Enrollment Mayhall Fondren Blaize. Management at Baton Rouge Community College, spoke Accepting pro pono cases in March were Booker to the Future Legal Eagles Law Club March 19, 2015, Carmichael, The Carmichael Firm; Durward Casteel, about scholarships, ACT testing and TOPS.

Teen Court of Greater Baton Rouge is funded by the Louisiana Ofﬁ ce of Juvenile Justice, the South Burbank Crime Prevention and Development District and the Baton Rouge Bar Foundation. The Youth Education Program is ﬁ nancially assisted by the Interest on Lawyers Trust Account (IOLTA) of the Louisiana Bar Foundation.

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10 11 12 13 14 15 16 For classifi ed or display ad rates, contact Pamela at (225) 214-5560 17 18 19 2200 21 22 23 *Unless otherwise noted, all meetings will or email: [email protected] be held at the Baton Rouge Bar offi ce. Duty Court 24 25 26 27 28 29 30 Calendar Schedule 31 COURT HOLIDAY 19THJDC CIVIL COURT Ongoing: Every Wednesday & Thursday, 3-5 p.m., Thirst for Justice takes place at St. Vincent de Paul. April 20-May 1 Judge Clark Monday, May 25 Memorial Day Ongoing: Every Tuesday & Thursday, May 4-May 15 Judge Johnson 10 a.m.-2 p.m., Self Help Resource Center,19th JDC. May 18-May 29 Judge Caldwell 1 Law Day event, River Center, BR City Court, 19th JDC & Family Court 19TH JDC CRIMINAL COURT*** 4 Teen Court Hearing, Juvenile Court, April 24-May 1 Judge Higginbotham Classifi eds 8333 Veteran’s Memorial Blvd., 5:30 p.m. May 1-May 8 Judge White 6 Volunteer Committee meeting, 12 p.m. May 8-May 15 Judge Marabella 7 Recent Developments in Social Media SUMMER YOUTH LEGAL INSTITUTE May 15-May 22 Judge Anderson and Professional Responsibility (Ethics), 2015: VOLUNTEERS NEEDED. Registration: 7:45 a.m.8-9 a.m.; May 22-May 29 Judge Erwon For the second consecutive year, the BRBF May 29-June 5 Judge Jackson Finance Committee meeting, Kean Miller, will host a summer program for teens who live Conference Room 7B, 9 a.m.; in the Gardere community. If you are a legal May Bar Luncheon, Ruffi no’s at De La BATON ROUGE CITY COURT* professional who is interested in working with Ronde Hall, 11:45 a.m. youth, please contact Lynn at 225-214-5564 or [email protected]. 8 Nuts & Bolts of Employment Law April 27-May 3 Judge Alexander CLE seminar, 7:30 a.m. May 4-May 10 Judge Ponder 1111 Executive Committee, Kean Miller, May 11-May 17 Judge Prosser Conference Room 7B, 8 a.m. May 18-May 24 Judge Temple DOWNLOAD THE YLS NEW LAWYERS’ 1122 Workers’ Comp Section meeting & CLE, May 25-May 31 Judge Wall SURVIVAL GUIDE (AVAILABLE ONLINE): Drusilla Seafood, 12 p.m. http://www.brba.org/Images/Forms%20and%20 1133 Pro Bono Committee meeting, 12 p.m. Applications/YLSguide2014_2015.pdf FAMILY COURT** 1155 Ask-A-Lawyer (Livingston), May 1 Judge Greene Denham Springs Walker Library Branch, 9:30 a.m. May 4 Judge Greene May 5 Judge Woodruff-White 1188 Publications Committee meeting, 8:30 a.m., Walters, Papillion, Cullens, May 6 Judge Woodruff-White Thomas, LLC May 7 Judge Day 1199 LLSBASBA AccessAccess toto JJusticeustice AwardAward May 8 COURT CLOSED C Ceremony,eremony, La.La. SupremeSupreme CourtCourt May 11 Judge Greene i inn NewNew OrleansOrleans May 12 Judge Baker 2200 Ask-A-Lawyer, Catholic Charities, 9 a.m.; May 13 Judge Woodruff-White YLS Council meeting, 12 p.m. May 14 Judge Day 2211 Family Law Section CLE seminar, May 15 Judge Woodruff-White City Club, 12 p.m.; May 18 Judge Greene Law Expo Committee meeting, 8:30 a.m. May 19 Judge Baker 2255 BRBA Offi ce Closed — Memorial Day May 20 Judge Woodruff-White Take a pro bono 2288 Teen Court Committee meeting, 12 p.m.; May 21 Judge Day Wills for Heroes, 4-5 p.m. (training) May 22 Judge Baker case today! 2299 Wills for Heroes Event, 9 a.m.- 5 p.m. May 26 Judge Baker Contact Robin at 225-214-5561 or Emily at 225-214-5558. 3300 Ask-A-Lawyer, Baker Branch Library, May 27 Judge Woodruff-White 9:30 a.m. May 28 Judge Day May 29 Judge Greene Mark Your Calendar! JUVENILE COURT Baton Rouge Bar Association’s 30th Annual Law Expo May 1-May 31 Judge Taylor-Johnson Fall Expo & Conference • Thursday, Sept. 17 NOTE: Duty Court changes at 5 p.m. each Friday unless otherwise specifi ed. *City Court’s Duty Court schedule L’AUBERGE CASINO & HOTEL BATON ROUGE • 777 L’Auberge Ave. changes each Monday at 8 a.m. **Family Court’s Duty Court schedule is completely different each day, rotating on Fridays 3.0 hours of CLE seminars available, including ethics and professionalism. ***19th JDC Criminal Court changes each Friday at noon. Speakers: H. Alston Johnson III and Charles B. Plattsmier Contact Pamela Labbe at 225-214-5560 or [email protected] for sponsorship or exhibitor information.

May 2015 Around the Bar 23 Baton Rouge Bar Association PRSRT STD P.O. Box 2241 U.S. POSTAGE PAID Baton Rouge, LA 70821 BATON ROUGE, LA PERMIT NO. 746 Return Service Requested

BEENCHNCH BARBAR CONFERENCECONFERENCE 20152015 Point Clear, Ala. • Grand Hotel Marriott Resort, Golf Club & Spa • July 23 - 25 WWHO’SHO’S WWATCHINGATCHING YOU?YOU? From social media to the workplace to your own backyard, the Baton Rouge Bar Association Bench Bar Conference will explore our expectations of privacy in the digital age.

FIRST-TIMER THE THEME OF THIS YEAR’S CONFERENCE IS: REGISTRATION PRICE: $350 — “Privacy Please” DEADLINE: JUNE 20 CCONFERENCEONFERENCE SPONSORSSPONSORS Adams and Reese, LLP • Chaffe McCall • Champion Medical Center • Clayton, Frugé & Ward Committee to Elect Hillar Moore • Jill Craft • DeCuir, Clark & Adams, L.L.P. • Donohue, Patrick & Scott FindLaw • Glusman, Broyles & Glusman • Dr. Michael J. Goff / Louisiana Health & Injury Centers Hammonds, Sills, Adkins & Guice, LLP • Heard Robins Cloud, LLP – Lawrence G. Gettys • Jolie Pearl Joubert Law Firm • Kantrow, Spaht, Weaver & Blitzer • Kean Miller • Keogh, Cox & Wilson Law Offices of Ossie Brown • Louisiana State Bar Association • McGlinchey Stafford The Paul R. Thompson Group at Morgan Stanley • Pendley, Baudin & Coffin • Perry Dampf Dispute Solutions Porteous, Hainkel & Johnson, LLP • Rathmann Chiropractic Clinic • Saunders & Chabert • Shows, Cali & Walsh, LLP Steffes, Vingiello & McKenzie • Taylor Porter • Thomson Reuters • Total Care Injury and Pain Centers Walters, Papillion, Thomas, Cullens, LLC • Whitehead Law Firm

Call Marriott Central Reservations • 12.5 hours of CLE at 1-800-544-9933 or book • Social events online at www.marriottgrand.com. The hotel reservation room block • Interaction between code (July 22-27) for BRBA the bench and the bar members is: BTCBTCA

CONTACT ANN K. GREGORIE TO SPONSOR: 225-214-5563 OR [email protected]