Louisiana Supreme Court Chief Justice Bernette Joshua Johnson Legierco Haystack NO Mag Aug09 8/12/09 4:37 PM Page 1

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Supplement to the Louisiana Bar Journal 11 Louisiana Bar Journal December 2020 / January 2021 233 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 233 Vol. 68, No. 4 www.lsba.org

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December 2020 / January 2021 Volume 68, Number 4 Departments Features Editor’s Message...... 238 The “Farewell” Interview: President’s Message...... 240 On the Retirement of Association Actions...... 262 Louisiana Supreme Court Chief Lawyers Give Back...... 266 Justice Bernette Joshua Johnson By Patrick A. Talley, Jr. and Practice Management...... 268 Kim M. Boyle...... 242 Lawyers Assistance...... 270 Cover painting by Ulrick Jean-Pierre Focus on Diversity...... 271 Puzzle...... 272 Discipline Reports...... 274 Recent Developments...... 278 Young Lawyers...... 288 Judicial Notes...... 290 In Memoriam: Former Louisiana People...... 292 Gov. Murphy J. (Mike) Foster, Jr. News...... 297 1930-2020 By Bernard E. Boudreaux, Jr...... 254 Classified...... 300 Legal Services Classifieds.... 302 The Last Word...... 304 Also Inside

SOLACE...... 272 Suit Up for the Future High School Judicial Interest Rate...... 282 Summer Legal Institute and Advertisers’ Index...... 301 Internship Program: Achieving Diversity in the Profession, One Student at a Time 2021 By Chief U.S. Magistrate Judge Karen EXPERT WITNESS, Wells Roby...... 258 CONSULTANT & LEGAL SERVICES DIRECTORY

Lawyers inand Libraries 2020: A Winning Combination of Virtual Services By Stephanie M. Beaugh and Supplement to Louisiana Bar Journal Jordan M. Maier...... 260

Supplement to the Louisiana Bar Journal 1

2021 Expert Witness, Consultant & Legal Services Directory

Louisiana Bar Journal December 2020 / January 2021 234 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 235 Vol. 68, No. 4 www.lsba.org ® Officers 2020-21 President Editorial Board

Alainna R. Mire • (318)449-5046 þ Patrick A. Talley, Jr. þ Claire McDaniel-Ojeh President-Elect Editor (504)528-9500 H. Minor Pipes III • (504)322-7101 (504)584-9220 þ John H. Musser V Secretary (504)523-0400 Patrick A. Talley, Jr. • (504)584-9220 þ Danielle L. Borel (225)387-4000 þ Roy H. (Hal) Odom, Jr. Treasurer (318)227-3762 John E. McAuliffe, Jr. • (504)840-4909 þ Rachel P. Dunaway Immediate Past President (225)922-5110 þ Kelly M. Rabalais Robert A. Kutcher • (504)830-3838 (985)898-2445 þ Stephen I. Dwyer (504)838-9090 þ Graham H. Ryan Board of Governors 2020-21 (504)582-8370 First District þ Laura S. Gravener (504)554-5807 þ Maggie Trahan Simar Lawrence J. Centola III • (504)581-9065 (337)394-6133 Scott L. Sternberg • (504)324-2141 þ Mark A. Hill Second District (504)526-4337 þ Gail S. Stephenson (225)771-4900, x 216 Erin O. Braud • (504)836-2780 þ Michael D. Lane Third District (504)581-3300 þ Tyler G. Storms Dwazendra J. Smith • (337)948-8008 (318)255-7805 þ Winfield E. Little, Jr. Fourth District (337)430-0907 þ Adrejia L. Boutte Swafford Todd S. Clemons • (337)477-0000 (504)561-5700 þ C.A. (Hap) Martin III Fifth District (318)388-4700 þ Edward J. Walters, Jr. Kelly M. Rabalais • (985)871-5837 (225)236-3636 Adrian G. Nadeau • (225)922-5110 þ John E. McAuliffe, Jr. (504)840-4909 þ Sixth District Jack K. Whitehead, Jr. (225)303-8600 Edward L. Tarpley, Jr. • (318)487-1460 Seventh District Paul L. Hurd • (318)323-3838 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Eighth District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, Lauren B. McKnight • (318)716-7923 Louisiana 70130. Periodicals postage paid at New Orleans, Louisiana and additional offices. Annual subscription rate: members, $5, included in dues; Chair, Young Lawyers Division nonmembers, $45 (domestic), $55 (foreign). Canada Agreement No. PM Carrie LeBlanc Jones • (225)755-7575 41450540. Return undeliverable Canadian addresses to: 4240 Harvester At-Large Members Rd #2, Burlington, ON L7L 0E8. Lynn Luker • (504)669-0322 Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. Tina L. Suggs • (504)442-8591 Charles Avenue, New Orleans, Louisiana 70130. Adrejia Boutté Swafford • (504)561-5700 For the fastest service or questions, call Darlene M. Loyola University College of Law Subscriber Service: LaBranche at (504)619-0112 or (800)421-5722, ext. 112. Monica Hof Wallace • (504)861-5670 Southern University Law Center Editorial and Advertising: Donald W. North • (225)505-6714 Publication of any advertisement shall not be considered an endorsement of the product or service involved. Submissions are welcome and will be Louisiana State Law Institute considered for publication by the Editorial Board. For submission guide- Zelda W. Tucker • (318)861-0884 lines, go online at www.lsba.org, click on “Publications,” then “Louisiana House of Delegates Liaison Chair Bar Journal.” Copyright © by Louisiana Bar Journal. All rights reserved. Sandra K. Cosby • (504)840-4912 Reproduction in whole or part without permission is prohibited. Views expressed are those of the authors only. Editorial Staff Executive Director Luminary Award 2003 Loretta Larsen, CAE National Association of Bar Executives Communications Director Communications Section Kelly Wells Ponder Excellence in Regular Publications Publications Coordinator/Managing Editor Darlene M. LaBranche International Communications Coordinator/Graphic Design Association of Barbara D. Baldwin Business Public Relations Society Communications Assistant Communicators of America New Orleans Krystal Bellanger Rodriguez New Orleans Chapter Chapter Advertising Booking Questions? ward of Bronze Quill A Call (504)619-0131. Award of Merit

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20-124-2 LA BAR JOURNAL.indd 1 3/3/20 11:18 AM Editor's Message

By Patrick A. Talley, Jr. In Remembrance of Deceased Members of the LSBA in 2020

s many of you know, our is the impact of one’s life on those lives our own sense of loss and fond remem- annual Memorial Service that remain and follow. And so, we re- brance, we can help further the sense — during which we remember the impact on our lives by our of a life well lived, a time on earth well member our colleagues of colleagues of the Bar whose journey spent, a heritage of lasting meaning in theA Louisiana Bar who died during the through life ended this year. We are re- the noble career of the law. past year, which normally follows the minded of what that journey left behind It has been said that what distin- Red Mass in October — unfortunately and we honor our colleagues who spent guishes mankind following death is not had to be canceled this year because of their lives in distinguished legal careers the construction of monuments nor the COVID-19. Parenthetically, for those and have served their fellow man as dis- composition of epitaphs, but rather the of you who have never attended, it is tinguished lawyers and jurists.” privilege of memory. Memorials can be a beautiful and moving service held at It has been said that “the law is but found in many places and many times, the Louisiana Supreme Court with all words and paper without the hands and but principally in our hearts. The epitaph of the Justices in attendance. However, swords of men.” And so it is, that but of Sir Christopher Wren in St. Paul’s we don’t want to simply let COVID get for the hands and swords of men and Cathedral in London, the cathedral he the better of us and move on without any women like our deceased colleagues designed, reads, “Lector, si monumen- ceremony and some remembrance of our who we remember today, the law would tum requiris circumspice,” in translation colleagues who died this past year. So, I truly be meaningless. In remembering from the Latin, “If you would seek his am dedicating this Editor’s Message in them, we are proud that they used their monument, look around you.” That is remembrance of them; in this small way, talents and abilities to make the law apropos for us today, as all we need to we can honor and pay tribute to the lives more than mere words and paper. Our do is to look around us and we will find of these great men and women of the deceased colleagues, in their own indi- many “monuments” to our deceased Louisiana Bar and express our admira- vidual ways, added honor and dignity to colleagues in their life-long contribu- tion for them. our legal profession and we are proud to tions to our profession. I’d like to start out by quoting from have known such distinguished people. In closing this Editor’s Message, the eulogy that I delivered at the LSBA Although these men and women let’s all take a moment out of our busy Memorial Service in 2015. “Different whom we remember have passed on, schedules in remembrance of our de- people have different ways to -memo they leave us with the good they did and ceased colleagues in 2020 listed on the rialize and remember those who have their contributions to the legal profes- next page. preceded us. Some build monuments sion, which remain as their legacy. We of stone or statuary; some erect shrines; hope that, in some way, by showing some keep the shrines in their hearts. In ancient times, the Pharaohs built their own memorials. However, pyramids Requiem aeternam dona eis Domine. and tombs, for all their awesome gran- deur, are merely impersonal structures. “Grant to them, our dear departed friends and colleagues, eternal rest, Lord, But every human being leaves another and let perpetual light shine upon them.” memorial of his or her own building. It

Louisiana Bar Journal December 2020 / January 2021 238 Vol. 68, No. 4 www.lsba.org In Memoriam Members of In Memoriam Members of Alexander M. Crighton III Joseph M. Henry, Jr. Robert H. Matthews Morris Winding Reed, Jr. the Judiciary 2019-2020 the Bar 2019-2020 Houma, LA Natchitoches, LA New Orleans, LA New Orleans, LA February 2, 2020 November 19, 2019 April 28, 2020 October 23, 2019 Hon. Russell Bankston Joseph G. Albe Zachary, LA Slidell, LA William L. Crull III S. David Holladay A. Mills McCawley Jack A. Ricci New Orleans, LA Baton Rouge, LA Oct. 18, 2019 August 10, 2020 Castle Rock, CO New Orleans, LA September 18, 2019 August 5, 2020 March 13, 2020 October 24, 2019 Rebecca A. Alexander Hon. Ted R. Broyles Alexandria, LA Michael B. Cupit Randolph W. Hunter Huey K. McFatter Charles E. Richards, Jr. Leesville, LA February 8, 2020 Greensburg, LA Weyanoke, LA Sulphur, LA Metairie, LA August 9, 2019 October 16, 2019 December 1, 2019 October 11, 2019 March 28, 2020 William T. Allison Hon. James L. Cannella Shreveport, LA John M. Currier John W. Hutchison Ben F. Melanson Stephen Rose Kenner, LA June 3, 2020 New Orleans, LA Lafayette, LA Baton Rouge, LA Mandeville, LA May 22, 2020 March 30, 2020 May 3, 2020 March 9, 2020 January 26, 2020 James L. Arruebarrena Robert B. Deane William J. Kihneman William W. Messersmith III Sandra M. Rudloff Hon. Burrell J. Carter New Orleans, LA June 26, 2020 New Orleans, LA Gulfport, MS New Orleans, LA New Orleans, LA Greensburg, LA May 1, 2020 November 5, 2019 March 21, 2020 May 6, 2020 November 11, 2019 Louis G. Baine, Jr. Madison, MS Malcolm E. DeCelle, Jr. Harvey C. Koch, Jr. Michael D. Meyer Lance R. Rydberg Hon. Leland H. Coltharp, Jr. September 11, 2019 Monroe, LA New Orleans, LA New Orleans, LA New Orleans, LA DeRidder, LA July 22, 2020 July 13, 2020 September 23, 2019 October 20, 2019 December 26, 2019 Thomas Barr IV Sag Harbor, NY David B. Dickinson Kevin Paul Kress D. James Miller Richard M. Sandefer Houston, TX Portland, OR New Orleans, LA Lafayette, LA Hon. Charles L. Elloie October 5, 2019 August 5, 2020 October 2, 2019 November 22, 2019 March 27, 2020 New Orleans, LA Robert E. Barsley May 31, 2020 Ponchatoula, LA Michael Emmette Distefano Alexander Kress Kriksciun Donald L. Moore Thomas W. Sanders September 28, 2019 Baton Rouge, LA New Orleans, LA Chapel Hill, NC Lake Charles, LA Hon. Andrew B. Gallagher November 17, 2019 April 19, 2020 September 4, 2019 February 23, 2020 Shreveport, LA Robert L. Beck, Jr. April 11, 2020 Alexandria, LA Edward B. Dubuisson Charles A. Kronlage, Jr. Luther W. Moore William J. Scheffler III March 16, 2020 Opelousas, LA New Orleans, LA Minden, LA Gretna, LA September 25, 2019 Hon. Peter J. Garcia February 16, 2020 February 4, 2020 March 23, 2020 Daniel E. Becnel, Jr. Covington, LA Reserve, LA Harris Myron Dulitz Gene W. Lafitte Michael J. Moran Samuel E. Schudmak III March 10, 2020 April 7, 2020 Metairie, LA New Orleans, LA Metairie, LA LaPlace, LA May 3, 2020 August 7, 2020 April 19, 2020 November 6, 2019 Hon. H. Charles Gaudin Rosemary A. Bickford Metairie, LA Baton Rouge, LA Brooke H. Duncan II Ronald J. Landry Michael A. Moulis John B. Scofield June 29, 2019 August 2, 2020 New Orleans, LA River Ridge, LA Ft. Lauderdale, FL Lake Charles, LA January 13, 2020 May 24, 2020 April 6, 2020 September 29, 2020 Hon. George W. Giacobbe Mary Coon Biggs Simone Chachere Dupre Janis M. Lasseigne Ronald L. Naquin Daniel Fanned Seidel Kenner, LA Monroe, LA September 12, 2019 Lafayette, LA Gonzales, LA Metairie, LA Lafayette, LA February 29, 2020 February 23, 2020 September 18, 2019 September 7, 2019 June 25, 2020 Marc John Bitner Hon. Sol Gothard New Orleans, LA Hugh B. Exnicios, Jr. William R. Leary William A. Norfolk Harry D. Simmons Metairie, LA July 16, 2020 Folsom, LA Houma, LA Baton Rouge, LA Shreveport, LA July 5, 2020 July 16, 2020 June 28, 2020 October 13, 2019 August 27, 2020 Erin Rose Boyd Lawrence B. Fabacher II Jules B. LeBlanc III William E. O’Connor Robert Daniel Sloan Hon. Edmond L. Guidry, Jr. New Orleans, LA New Orleans, LA Baton Rouge, LA Bossier City, LA New Orleans, LA St. Martinville, LA April 9, 2020 January 21, 2020 May 23, 2020 September 25, 2019 June 19, 2020 June 20, 2020 Raymond J. Brandt Metairie, LA Edward M. Feinman, Jr. René Lehmann William J. Oberhelman, Jr. Stephen V. Vallot Hon. Stuart S. Kay, Jr. November 14, 2019 New Orleans, LA New Orleans, LA New Orleans, LA Kenner, LA DeRidder, LA July 15, 2020 April 21, 2020 March 19, 2020 October 27, 2019 January 13, 2020 John E. Bride St. Gabriel, LA Ronald A. Fonseca J. Michael Lejeune Lancelot P. Olinde Claude D. Vasser Hon. Bruce J. McConduit April 11, 2020 Metairie, LA Baton Rouge, LA Houston, TX Metairie, LA New Orleans, LA March 11, 2020 November 15, 2019 September 19, 2019 February 13, 2020 September 13, 2019 Jay L. Buckman Houston, TX Ben Foster Lee R. Leonard John L. Olivier Robert Bernard Vincent September 13, 2019 New Orleans, LA New Orleans, LA Sunset, LA Erath, LA Hon. Rosemary T. Pillow May 20, 2020 November 30, 2019 February 29, 2020 October 8, 2020 Baton Rouge, LA Donna A. Budenski July 7, 2019 Baton Rouge, LA Murphy J. (Mike) Foster, Jr. Robert Liles, Jr. Milton Osborne, Jr. Louis B. Viviano June 29, 2020 Franklin, LA Metairie, LA Baton Rouge, LA Opelousas, LA Hon. Angelique A. Reed October 4, 2020 March 24, 2020 November 1, 2019 November 10, 2019 New Orleans, LA James A. Burton Hoffman Franklin Fuller Charles H. Livaudais David A. Paysse Thomas Kenneth Watkins November 16, 2019 New Orleans, LA November 3, 2019 New Orleans, LA Point Clear, AL Metairie, LA Houma, LA April 6, 2020 October 10, 2019 January 2, 2020 June 18, 2020 Hon. Patrick M. Schott Jacqueline A. Campbell New Orleans, LA Metairie, LA Charles Curtis Garretson Raeburn C. Llewellyn, Jr. Donald M. Pierce Benjamin F. Welman III June 3, 2019 April 23, 2020 Pensacola, FL Houston, TX Metairie, LA River Ridge, LA June 4, 2020 March 1, 2020 December 1, 2019 October 8, 2019 Hon. Melvin A. Shortess James D. Carriere Twain K. Giddens, Jr. Harold M. Westholz, Jr. Baton Rouge, LA New Orleans, LA Kathryn Venturatos Lorio James F. Pierson, Jr. Shreveport, LA New Orleans, LA Baton Rouge, LA Metairie, LA January 3, 2020 March 17, 2020 July 26, 2019 July 19, 2020 March 9, 2020 September 5, 2019 Ronald Alphonse Chevis Hon. John B. Slattery, Jr. Metairie, LA Harvey G. Gleason William L. Lowe Samuel W. Plauche III John G. Williams Springhill, LA November 19, 2019 Metairie, LA Decatur, GA Lafayette, LA Natchitoches, LA July 7, 2020 June 24, 2020 February 4, 2020 July 24, 2020 May 24, 2020 John Catlett Christian, Jr. Hon. Henry G. Sullivan, Jr. Madisonville, LA Wendy S. Good John Paul Luck Albin A. Provosty Robert H. Williams Gretna, LA June 30, 2020 New Orleans, LA New Orleans, LA Boyce, LA Houston, TX May 17, 2020 May 24, 2020 December 14, 2019 June 17, 2020 July 3, 2020 David A. Combe John Alfred Gray Stuart Douglas Lunn George W. Pugh Donald L. Wilson Hon. Charles A. Traylor II New Orleans, LA December 25, 2019 Katy, TX Shreveport, LA Baton Rouge, LA Bossier City, LA West Monroe, LA November 3, 2019 October 12, 2019 April 7, 2020 January 9, 2020 August 8, 2020 Luke J. Coussan Lafayette, LA Marvin C. Gros Dorsey C. Martin III Winston W. Purvis Jesse Lee Wimberly IV November 18, 2019 Donaldsonville, LA Baton Rouge, LA New Orleans, LA Madisonville, LA May 30, 2020 February 5, 2020 October 6, 2019 May 13, 2020 Donald J. Zadeck Shreveport, LA July 15, 2020 Louisiana Bar Journal December 2020 / January 2021 238 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 239 Vol. 68, No. 4 www.lsba.org President's Message 2020: A Vision for the Future By Alainna R. Mire

es, you read that headline correctly. The headline is actually my theme for the 2020 Annual Meeting. NeedlessY to say, the Annual Meeting Sometimes the vision that we never happened. It was cancelled, along with many other events planned for the year, due to the COVID-19 pandemic. As have is not big enough disappointing as cancellations were, the well-being of all of our members comes before any one person’s individual needs so the universe expands it. and wants. Do I think about the Annual Meeting programming that was being scheduled, the swearing in ceremony and the genuine camaraderie that could have been? Yes. I would be lying if I said I did not, especially since this appears to be one of the few times, or maybe the only time, the Annual Meeting was ever cancelled. Like many of you, I have struggled with my feelings during this time. For example, am I being selfish by the United States, Kamala Harris will be culture of women?” I’m not. Are you? acknowledging my disappointment in not the first female vice president — and not Also, on behalf of the Louisiana State being able to experience events that I have only the first female, but the first female of Bar Association, I would like to offer excitedly had on my calendar for years? Is color representing African-Americans and my best wishes and highest regards to it wrong to not want to close down certain Asian-Americans. Chief Justice Johnson on her retirement. aspects of the economy and worry about I thought that the vision I had for 2020 Her contributions to the legal profession individuals losing their jobs or homes? wouldn’t be manifested, but I was wrong. spanned decades and her influence on the Well, I’ve decided that all of our feelings Sometimes the vision that we have is not profession will be felt for many decades to are valid, no matter what other people big enough so the universe expands it. come. (Read the Chief Justice’s interview may think of them. This year, I was able to join Judy Perry starting on page 242 of this issue.) But, there were some positive Martinez (American Bar Association Finally, in a normal year, I would end aspects of the year 2020. This year president, 2019-2020), Louisiana this message with some type of holiday commemorated the 100th anniversary Supreme Court Chief Justice Bernette greeting. But as many of us are still of the passage of the 19th Amendment. Joshua Johnson (who is retiring at the end dealing with COVID, hurricane cleanup I have been fortunate enough to assist of December) and, now, Vice President- and any number of other disruptions this in two CLEs commemorating this Elect Kamala Harris as a female leader year, I will leave you with this instead. amazing time in American history. At during a time of uncertainty in all of our Stay safe and healthy, persevere in your first, I wondered if this milestone would lives. I am honored to serve alongside daily lives and law practices as best as you receive the recognition it deserved with such amazing women. can, and believe that our resilience will get everything going on in the world today, To quote Chief Judge Nannette Jolivette us through all these crises. The LSBA will and I soon realized that it would. With the Brown during “The Centennial of the 19th always be here to help you during these election of Joe Biden as president-elect of Amendment” CLE: “Why be afraid of a challenges.

Louisiana Bar Journal December 2020 / January 2021 240 Vol. 68, No. 4 www.lsba.org Celebrating 30 Years

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LSU Law Ad.indd 1 11/11/20 8:47 AM Louisiana Bar Journal December 2020 / January 2021 242 Vol. 68, No. 4 www.lsba.org The “Farewell” Interview: On the Retirement of Louisiana Supreme Court Chief Justice Bernette Joshua Johnson

Interviewed by Patrick A. Talley, Jr. and Kim M. Boyle

Chief Justice Bernette Joshua Johnson is the Louisiana Supreme Court’s 25th Chief Justice, its second female Chief Justice and its first African-American Chief Justice. Her professional career has included a series of “firsts.” She was one of the first African- American women to attend and earn a JD degree in 1969 from Louisiana State University Paul M. Hebert Law Center. Her judicial career began in 1984 when she was the first woman elected to serve as a judge on the Orleans Parish Civil District Court. She was then elected to serve on the Louisiana Supreme Court in 1994 and was re-elected without opposition in 2000 and 2010. As the senior justice on the Court, she was sworn in as Chief Justice on Feb. 1, 2013. Now, she is planning to retire from the Supreme Court at the end of December 2020.

Talley: Chief Justice Johnson, you ing in December (2020). How do you and articles written about you during your have served the Louisiana judiciary feel about that? tenure as Chief Justice, including several with distinction and honor for almost Chief Justice Johnson: I think there in this Journal over the years. Kim (Boyle) four decades. In doing so, you have is a time for everything and everything and I are honored to be able to co-author exemplified judicial excellence and in- has a season. I think about it in that light. this interview. We call it a “farewell inter- tegrity at the highest level. You have I was born in 1943, which means I’m 77 view,” but I know you’re not going any- been prominently recognized on numer- years old. It is time for me to move on where. ous levels for your accomplishments and do some other things and rely on Chief Justice Johnson: I will just try and contributions to the Louisiana le- younger lawyers and others to take up to ease back into private life. That’s the gal profession. Now, after 36 years on the gauntlet and continue the work that goal right now. Maybe just simple things the bench, including 26 years on the needs to be done. like going through the grocery store with- Louisiana Supreme Court and currently out being recognized. (Laughs). the Court’s Chief Justice, you are retir- Talley: You have had many interviews

(Left) Louisiana Supreme Court Chief Justice Bernette Joshua Johnson’s official portrait. Photo courtesy of Louisiana Supreme Court.

Louisiana Bar Journal December 2020 / January 2021 242 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 243 Vol. 68, No. 4 www.lsba.org Talley: Let me ask a few questions segregated by race. about early in your career before you be- I’m talking about the came a judge. I grew up in the 1960s and Commerce Clause I have a lot of memories of my childhood because, if you read days. One of the vivid memories I have is the cases that struck of the gas stations where we would stop on down segregation and our family trips and they’d have separate public accommoda- restrooms labeled “men,” “women” and tion (restrictions), “colored.” I was very young then, but I they did it on the ba- remember thinking how odd that was. I’m sis of the Commerce sure you recall those gas stations, too. In Clause. The cases say fact, you’ve had to face that and overcome that segregation was many other vestiges of discrimination, not a burden on interstate just racial, but gender, your entire life, start- commerce because ing early in your professional career. You African-Americans fought against discrimination working as a could not travel free- community organizer for the NAACP. You ly. We all knew that also worked at the Department of Justice’s growing up. If you Civil Rights Division. You spent much of left New Orleans for your early career working to ensure that Chicago, you needed the Civil Rights Act and the Voting Rights to land somewhere Act were recognized and enforced. Tell us by evening where what it was like working as an advocate for you could spend the social justice and civil rights in the 1960s night in a hotel or and how did this influence your judicial motel that would ac- Chief Justice Bernette Joshua Johnson with her brother, Sigmond Joshua, philosophy in the years to come? cept black folks. So, if and her mother, Olivia Joshua. Photo provided by Louisiana Supreme Court. Chief Justice Johnson: I remember you left New Orleans, those “colored” signs as well. I’m talking you needed to get to about my background and growing up in Memphis by evening. In Memphis, you Talley: How do you think that impacted a segregated South. After I graduated from spent the night there in a colored hotel. Then your judicial philosophy? Spelman College (in Atlanta, GA), I had you drove the rest of the way to Chicago. We Chief Justice Johnson: It formed my a chance to work for the Legal Defense have a period of time throughout (the history life. It says that if you work hard and you Fund. One of my assignments was to work of) segregation where African-Americans are energized, you can change the system in those areas where the Legal Defense were limited in every area, including travel for the better and we can make America bet- Fund had secured a judgment against the and education. You read stories all the time ter and get rid of racism. Hopefully, that’s school district to desegregate schools. I about lack of access to health care, not just what this young generation is trying to do, grew up in the Lower Ninth Ward. I’d get education, but lack of access to everything. end racism. We finally need to get past all on the St. Claude bus and pass Francis T. Other Americans had easy access. I can tell of the ghosts that keep us trapped into the Nicholls High School every day. I thought you from living through that era that it was system. America has to live up to its creed. that after Brown v. Board of Education was exciting work to be in your 20s and trying to We must have justice for all. And that drives decided, I would have an opportunity to bring down a system that had been in place what I’ve been doing in recent years with attend that high school. I was in middle and ingrained (for many years). regards to incarceration rates. school when Brown was decided. But, be- Look at this generation of young peo- cause we allowed the states to put the judg- ple and how they are determined to bring Boyle: Obviously, your career is fore- ment in place over a period of years, I had down this fascination with assault weap- most a career of firsts. You serve as a men- already graduated from Walter L. Cohen ons in America…the parents of students tor for so many of us coming up as lawyers High School by the time the schools were from Sandy Hook Elementary School in Louisiana and around the country. You desegregated in New Orleans. (Newtown, Conn.) and the young people were the first African-American and the But I am familiar with those colored who witnessed their classmates slaughtered first female, or a combination of the two, signs. They were everywhere. When we at Marjory Stoneman Douglas High School in so many different venues and so many talk about my work at the Civil Rights (Parkland, Fla). When I saw them, at 15 and different roles. You were one of the first Division of the Department of Justice, we 16 (years old), standing up to folks, saying, African-American females to attend and were dealing with public accommodations, “We are going to get rid of assault weap- graduate from Louisiana State University hotels and restaurants, and all of them were ons in America,” I knew they are the ones Law School in Baton Rouge. You were the public places that were open to just one who have the energy to do something and to first female to sit on Orleans Parish Civil race. It was where African-Americans were make America better. District Court. This was in a period when

Louisiana Bar Journal December 2020 / January 2021 244 Vol. 68, No. 4 www.lsba.org high school and showed the movie about Spelman College. I went home and told my folks, “I’m going to Spelman College.” Spelman gave me a scholarship, so I headed to Atlanta. I found a little note (recently) that room and board were $50 a month. Spelman College opened up a whole new world for me because we had a faculty that was diverse. I landed in Atlanta in the midst of the civil rights struggle. I was there from 1960 to 1964. For entertainment, we would go to rallies at churches and go listen to speeches. On Saturdays, we’d picket at Rich’s Department Store. To their credit, there were many folks I know who dropped out of Spelman and became involved in the struggle full time. I didn’t do that. Instead, I got my degree and had the great opportunity to work for the Legal Defense Fund. I worked for the NAACP Louisiana Supreme Court Chief Justice Bernette Joshua Johnson with Ruby Bridges Hall, a civil Legal Defense Fund the summer after rights activist and the first African-American child to desegregate the William Frantz Elementary School in New Orleans. Bridges Hall was a keynote speaker at the 2014 Annual Meeting in Destin, graduating from Spelman. I didn’t come Florida, and Chief Justice Bernette Joshua Johnson introduced her. Photo by Matthew Hinton back to New Orleans. I left Atlanta and Photography. flew to New York to get oriented for the new job. I had never met lawyers until I not a lot of women were practicing law. few channels and it went to the national worked for the Legal Defense Fund. All of And, of course, you were the first African- anthem at 11 o’clock. In another interview my role models until then had been school American female to sit on the Louisiana I did, while talking about my parents, I teachers. I did a gap year where I lived Supreme Court, and the list goes on and said I grew up in a house where my par- in New York City and worked as a social on. So many of us have tried to follow you ents didn’t discourage me and tell me what worker with foster kids. I took the LSAT and model our careers after the numerous I couldn’t do. They realized I had prom- and was admitted to Boston College and things you’ve done. Going back to the ise. And I would say all sorts of audacious the University of North Carolina and other previous question, growing up during this things. I think I told my Dad one day that schools. period in the 1950s and 1960s, graduat- I was going to Columbia University. But, But I decided to come back to Louisiana ing from high school, attending Spelman I didn’t know at the time that Columbia and attend LSU Law School, specifically (one of the top HBCU, historically black University didn’t admit women. The because LSU had not had a black student colleges and universities) in the country women went to Barnard College. So, it enrolled in 10 years. (Ernest N.) “Dutch” at that time and still an iconic university, was really an obstacle of gender rather Morial and (Judge) Robert Collins were then deciding to come back to Louisiana. than race. But my Dad never said, “No, the first two black students at LSU. They People would say, “Wow, how could she you can’t go to Columbia.” In addition graduated and, then for 10 years, there look at this situation and say, I’m going to excellent parents who encouraged me, were no students of color. Then Gammiel to be a lawyer. I’m going to be a judge. I’ll say I could get out of doing anything B. Gray and I entered LSU Law School I’m going to be successful.” How did you if I said I had to study. I wouldn’t do the in the fall of 1965. You know, when I was make that happen? What do you attribute dishes because “Bernette has to study.” I a trial judge, you’d always try to remem- your success to with all the barriers you also had excellent teachers. When you ber something and connected it to a hur- had to knock down and all the challenges talk about the segregated South, I just ricane. Was it before Hurricane Betsy or you had to face, and continue to face even have to always give credit to teachers who after? Was it before Hurricane Katrina? I to this day? inspired us and poured everything they was in a shelter in September 1965 when Chief Justice Johnson: I will start could into us, teachers who prepared us Hurricane Betsy came through. I can re- with my parents, Frank Joshua and Olivia for whatever was coming. I went to Cohen member being in that shelter with others, Joshua, parents who always encouraged High School. I remember all my teachers. with the waters coming up on the bottom excellence. My Dad loved to read and he These are the people who inspired us and, level, and we all went to the second floor. would come home in the evening and read even during segregation, did not limit us. Our rescuers got us out in boats. Then, my his Time Magazine. We’d also watch the I wound up at Spelman College because brother drove me to Baton Rouge to start evening news. That’s when there were a a team of Spelman recruiters came to our law school at LSU.

Louisiana Bar Journal December 2020 / January 2021 244 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 245 Vol. 68, No. 4 www.lsba.org Boyle: I would like to follow up on your time at LSU because I have always been personally interested and intrigued about this period. You have that background of working with the Legal Defense Fund and being in Atlanta at the height of the civil rights movement. Dr. King and his team had that base in Atlanta and then you spent time in New York. So what was the pull towards LSU? We have seen photos from LSU where you obviously stand out from your classmates, not just from the gender standpoint but from the racial standpoint. We heard some of those horror stories about what you had to deal with and what it felt like to be in a segregated legal Chief Justice Bernette Joshua Johnson is awarded the 2018 LSU Distinguished Alumnus Award by LSU environment back then. Did you have any Dean Thomas Galligan. Photo provided by LSU Paul M.Hebert Law Center. thoughts about transferring after the first year and going back to the East Coast? into that classroom, I wasn’t expecting her. Talley: Chief, I’ve seen that LSU pho- What kept you there for three years where And I’m sure she wasn’t expecting me. We tograph of your law school class in 1968. you just plowed through? became study partners and friends over It’s just amazing to me every time I see it. I Chief Justice Johnson: In terms of en- the years. So, I had a support system. You wonder how someone could have the cour- rolling, our work with the Legal Defense know, folks ask me all the time, “Were you age to be in that environment when you’re Fund involved school desegregation cases harassed?” I’m in Baton Rouge at a time surrounded by what appears to be 40 or in Louisiana, Montgomery, Alabama, when David Duke is in undergrad school 50 white men. It had to be an intimidating South Carolina, Tennessee, and all over the and they were still showing “The Birth of situation for you. But now, I understand South. What folks don’t understand is, once a Nation” in the Student Union. But I’m in you had to practice what you preach, right? you get a judgment like Brown v. Board a law school environment where I wasn’t Chief Justice Johnson: Yes. You of Education, then you have to convince really openly harassed. I would suggest I know, you can’t be intimidated. I mean, some families to take advantage of it. My was more ignored. But in every situation, you may look different, but as long as you job was called disseminating information, there will always be folks who will support have confidence that you belong there going to these places, and meeting with you and provide what you need. Margaret and you can do the job, the rest falls into usually the NAACP president where we O’Meara (Correro) was a class ahead of me place. Gammiel and I were the only two had filed a lawsuit. Then you have to con- and made sure I had everything I needed, black students at LSU Law School. Now, vince parents that it’s worthwhile to take all the notes I needed. My classmates had I’m the only female and the only African- advantage of that opportunity. Most school the advantage of the fraternities that pro- American on the Supreme Court. You just districts desegregated from first grade, ex- vided them with the materials and the en- have to walk into the situation and be as- cept for Little Rock, Arkansas, where they vironment. Margaret gave me everything I sured that you are prepared. You are intelli- desegregated the high school first. You’ve needed. Also, I had teachers like Benjamin gent. You can do the work. I knew I needed got to tell parents that it might be danger- M. Shieber, who was a senior faculty to get this degree and then I’d go off and do ous, your child might be harassed or might member at the Law Center. So, I had what what I needed to do. be at risk, but it’s worth it to send your child I needed to get through law school. At that to this newly desegregated school. I spent point, I think Southern University might Talley: Your LSU experience was the whole summer doing that. After you have had around 10 or 15 students, and probably good training for what was to have spent time convincing parents to send I’d go down to Southern University Law come because, in 1984, you were elected 5- and 6-year olds into what you know will Center and use the library there and inter- as the first woman to the Orleans Parish be a hostile environment, I knew I needed act and study with their students. Southern Civil District Court. That was a male-dom- to go to LSU. I couldn’t say, “Look, send University Law Center is now the most di- inated bench at that time. You served as a somebody else to do it.” So I enrolled in verse law school in the state. I think they district judge for 10 years. Tell us about LSU and had no idea whether there would probably had 300 or 400 students at one the challenges you faced at that time. Were be any other black folks when I got there. time. To go from 10 or 15 students to over they different than your law school chal- Fortunately, Gammiel Gray had the same 300 or 400 students, you’ve got to give lenges or similar? What stands out about idea. She was from Baton Rouge and had Chancellor Agnihotri the credit for build- your years as a district judge? attended Indiana University. She came ing that Law Center. Chief Justice Johnson: I always start back to Louisiana and enrolled at LSU. the conversation by saying I loved being So, we were classmates. When I walked a district judge. I loved being a trial judge.

Louisiana Bar Journal December 2020 / January 2021 246 Vol. 68, No. 4 www.lsba.org The Louisiana State University Law School Class of 1968 photo was provided by classmate Thomas R. Blum, standing behind Bernette Joshua Johnson, second row, second from right. Inset are Bernette Joshua Johnson and Gammiel Berthella Gray, the first African- American female law students at LSU Law School, taken from the 1968 LSU Law School Class photo. Photo provided by Thomas R. Blum.

In fact, I loved being a trial lawyer. There just to jump start judges who wanted to de- your judicial career? are some folks who don’t like to litigate. lay it. You can’t delay making a decision Chief Justice They don’t want to go to court. I practiced if you’re a judge. I learned that early from Johnson: It was col- in federal courts and state courts, and I en- Henry Roberts. Make a decision. Don’t legial. The judges at Civil joyed the process, the interaction, the win- worry about whether it’s right or wrong. District Court were great to me. ning. I really enjoyed the winning. If you’ve done your best with it, make the They gave me advice and assistance. I tell Talley: I can empathize with that. We call. And the appellate court will tell you folks the story about my first jury trial. like that, too. whether you are right or wrong, and then After handling the conference on the jury Chief Justice Johnson: There are a lawyers take it to the Supreme Court. charges, I was sitting at my desk struggling lot of lawyers who just want to do trans- I had a couple of cases where the with it. Then, there’s a knock on my cham- actions. Some want to just write briefs. Supreme Court agreed with me after the bers and it was Tom Early (Judge Thomas Others want to do contracts, but they don’t Fourth Circuit reversed me. But usually I A. Early, Jr.) coming to help me with my want to go to the courthouse. I enjoyed be- told the staff, if someone files a writ, just jury charges. You always have what you ing at the courthouse. When I got to Civil put it in the drawer. If I get reversed, bring need. There are folks who are collegial and District Court, my colleagues had to get it to my attention and I’ll read it and see want to assist and help you succeed. used to me and I had to tell them, “Look, what the court said. Lawyers tend to think our conference room is not a men’s locker of judges as taking everything personally. Boyle: To change topics, we want to room.” But in terms of helping me, I can’t I tell a story about being at an event and talk briefly about the Court’s relationship say enough times how much I appreciated a lawyer came up to me to apologize for with the Louisiana State Bar Association my colleagues. Henry Roberts was Chief taking a writ. I said, “Oh, I don’t even re- (LSBA). You swore me in as presi- Judge when I got there. You have to talk member what case you’re talking about.” I dent of the LSBA and that’s something with young judges about judging. You tried to pull my docket and set cases, pack I’ve always treasured. Pat is currently have to say things like he told me, “Don’t them deep, maybe five-case sets of trials the LSBA secretary and editor of the worry about making a decision. Your job is so that, if some of them are continued, we Journal. From the lawyer’s standpoint, to be an umpire and call the strikes.” You can be sure to move things along. Nothing we know how important the relation- can’t make everybody happy. Somebody settles a case like making the lawyers get ship is between the LSBA, particularly is going to like what you did and some- ready for trial. I enjoyed being a trial judge. its officers and Board of Governors, and one’s going to be unhappy. So, that’s what But you were asking me about other chal- the Louisiana Supreme Court and, to a the Fourth Circuit is for. Let them take a lenges? large degree, with the Chief Justice of the writ. I learned that early on. We have judg- Louisiana Supreme Court. Tell us about es who have too much trepidation in mak- Talley: I was asking about challenges the relationship between the Court and ing a decision. Study the case. Look at the you faced at that time being with an all- the LSBA while you have been Chief jurisprudence. Review the testimony and male bench. Was it different than your ex- Justice and why that is important to you. make the call. We had to put a rule in place periences at LSU? And how did it impact

Louisiana Bar Journal December 2020 / January 2021 246 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 247 Vol. 68, No. 4 www.lsba.org Chief Justice Johnson: It’s valuable. It’s important. It’s something I treasure, the good relationship with lawyers. I know that all states don’t have that experience. I talked with past LSBA President Barry Grodsky to understand the disparity. He talks about the good relationship in Louisiana. With other bar leaders in other states, that’s foreign to them. I’m hoping in future years, we will still have that col- laboration with each other. I think the Joint Summer School for judges and lawyers is a big part of the relationship. Judges are encouraged not to set trial so lawyers are able to participate in the summer program. The Judicial College happens at the same time. The judges and lawyers collaborate on Three Louisiana Supreme Court Justices, from left, Justice Jeannette Theriot Knoll, now retired; Chief planning that meeting, and it encourages Justice Catherine D. Kimball, now retired; and Chief Justice Bernette Joshua Johnson. Photo provided all to take advantage of the event. And you by Louisiana Supreme Court. can’t worry about the critics. I know there have been a lot of critics, particularly a lot which you have remained involved with a/k/a the diploma privilege. What was the of criticism towards New Orleans judges the LSBA. Whenever we call, whenever basis for the majority’s decision and what who go to the summer program in Florida. we ask, whenever we need you to swear do you say to those who disagree with the What folks don’t understand is the value in someone or give a speech, you are al- Order? of that interaction between judges and at- ways there unless you are involved with Chief Justice Johnson: Yes, the di- torneys, outside of the courtroom, even if a pressing concern. That is definitely one ploma privilege waived the bar exam for it’s a reception or a lunch. I get more work of the things that will be missed when you this class of 400 or 500 young people. done in Destin than I do anywhere else in end your tenure as Chief because you’ve It’s not something they asked for. When a week because I can put meetings back to always been there for all of us. Thank you. we begin this discussion, we have to be- back to back. In 15-minute segments, I can Chief Justice Johnson: Well, it’s been gin with the coronavirus, COVID-19, and meet with everybody. Also, you don’t have reciprocal because, you know, as judges, all of the limitations of people being in a those emails back and forth when some- we can’t defend ourselves. There’s no way closed space. We have had just about ev- thing may be misunderstood. In a face-to- the judges can go stand on Tulane Avenue ery disruption possible. In addition to the face 15-minute meeting, you can get more (in New Orleans) on the front steps of the virus, we had a live exam scheduled and done than a year of emails back and forth. courthouse and explain why they ruled in then we had a hurricane coming through I know some of the criticism about Florida a certain way. Judges cannot defend them- and we were worried about the connectiv- is: Why aren’t we doing the events in selves. So, we have to rely on lawyers to ity of the Internet and whether the gradu- Louisiana? Well, because experience tells explain the process and why things happen ates have what they needed to finish the us, in terms of hotels, it was a problem try- the way they do. exam. So I don’t think these young people ing to find some way to accommodate the should be labeled in any fashion or that entire bench and bar. I can recall, once, we Talley: Kim said it much better than I anyone should expect that they were less had the Annual Meeting in New Orleans. could have, but I also appreciate your mak- prepared. They had tremendous obstacles Local judges signed up, but then they went ing it a priority to have a good relationship to overcome this year. As they enter the to work. You have to disconnect folks from with the LSBA. For me personally as a profession, I’m hoping they’ll fold in with the work. I try to disconnect myself by just lawyer, I’ve gotten to know many judges, other lawyers and be accepted. We did the leaving the work phone somewhere else including yourself, during those summer best we could. We tried as long as we could so you are not answering emails and tied events. It means there’s more to practic- to plan for a live exam. It wasn’t working into what’s going on. I think it’s important. ing law than just practicing law. Speaking and there was nothing else to do. We can’t I think it’s valuable. And I’m hoping that of the Bar Association, we have recently keep the graduates in limbo forever. So go- the bench and bar summer program will admitted a new group of members to the ing back to Barry Grodsky, he put together continue into the future. LSBA this year and there has been some the mentoring program, Transition Into discussion about how they came into the Practice (TIP), some years ago. We put it Boyle: Chief, I would just like to say, Bar. Tell us about the Court’s role in the on the shelf because we didn’t need to put as a former president of the LSBA — and dissemination of the July 22, 2020, Order, it fully into place, but it was wonderful to I know Pat echoes me as a current officer which waived the requirement for 2020 dust it off and implement it with regard to — the LSBA, its president and its officers law graduates that a Bar applicant must this class. I have not had a chance to check have always appreciated the manner in take and pass the Louisiana bar exam, recently, but I’m hoping they have been

Louisiana Bar Journal December 2020 / January 2021 248 Vol. 68, No. 4 www.lsba.org able to get every young lawyer connect- glectful. There’s just so much work to be nals in Louisiana than anywhere else in ed with a mentor. I’m always saying: done, and you can’t get discouraged about the world? Did they all migrate here from When you get to the end of the list and the scope of the work. We just have to mo- other places? Alabama is number three. there’s a few folks needing mentors, just tivate and encourage young people to be Mississippi is number five. So, maybe all get back with me and I’ll mentor those energized and to keep working. the worst people came here? We are spend- young lawyers. ing enormous amounts of money to lock Boyle: As a lawyer, as a judge on the up people and it has to do with how we use Talley: You’ve had a long and wonder- Civil District Court, and certainly in your habitual offender laws. I say all the time, ful career. What advice would you give to role on the Supreme Court, in particular charging a defendant as a habitual offender these young lawyers as they are starting as Chief Justice, you have always talked is discretionary. A district attorney is not out on their journey? about respecting the Rule of Law and that’s required to use the habitual offender law in Chief Justice Johnson: Don’t worry how you’ve lived your career. But you also every case, and we certainly should not be about making a decision. Don’t worry talk about the fact that “laws are not the using it for nonviolent crimes and property about how taking a position will impact same as justice,” which, to me, is a very, crimes. I mean, in a time of coronavirus, your future career. Don’t be afraid to make very strong statement. I think I understand do you really want to prosecute somebody mistakes. If you see a need, step up. If you what you mean. But there are some in our who is stealing bread to go home and feed see an issue that you think requires your at- profession who purport not to understand their kids? Do you really want to? No, you tention, be involved. And I think that goes what you mean by that. How do we respect don’t. When I got to the Supreme Court, back to the civil rights struggle. Just have the Rule of Law as we understand and de- one case involved a defendant who stole a the courage. We see it with young people fine it, but, at the same time, ensure that pair of $5 tennis shoes from Family Dollar. with Black Lives Matter. We see young justice is actually being accomplished? Do we really want to spend a million dol- people rally about gun control and many Chief Justice Johnson: I’ve had a long lars locking up somebody who stole a $5 issues that impact this nation. We want to history with justice reinvestment and that pair of tennis shoes? I’m trying to get the get to a point where there is justice for all has taken up a lot of my time over the last Chambers of Commerce and business in America. I still believe in that. I think we five years or so. I tell this story. I went to a people to understand this. What we do in can do it. I think we can get there. meeting of the Conference of Chief Justices Louisiana doesn’t make good financial in San Antonio, Texas. The speaker at that sense. At one time, our budget for the Talley: We’re going to change tracks luncheon was William C. Hubbard, then- Department of Corrections was something and ask a few questions about your judicial president of the American Bar Association like $700 million. But do you really want philosophy. In other interviews, you have (2014-15). He talked about how South to spend $700 million to lock somebody said that you believe the greatest natural Carolina was able to get its prison popula- up where a lot of them just stole cheap ten- resource and most valuable asset are chil- tion down. Now, he said, when they started nis shoes, hedge clippers or bread? I mean, dren. Why do you believe this? And how out about 10 years ago, South Carolina good grief! At some point, even folks has this impacted your judicial philosophy was number 11. Since they have put some who want to be tough on crime need to be over these many years? things into place, South Carolina is now smart. Now I’ve never shied away from Chief Justice Johnson: That’s why number 26. I said to him, “In Louisiana, saying that we need to lock up the socio- I’ve spent so much time trying to men- we’d be dancing in the streets if we were paths, child molesters, armed robbers, axe tor young lawyers. I have interacted with number 11.” And number one is the worst murderers and all the rest. We must oper- law clerks and other young lawyers over and not the best. The United States impris- ate a prison system for folks who cannot the years, always trying to encourage them ons more people than anybody else in the be rehabilitated. But in Louisiana, we are and motivate them, because that’s what world. So, our country is the worst in the not being smart. Maybe in future years, moves us forward. Young people under- world, and, in the United States, Louisiana I’ll be involved with some business people stand that we have the same system of is the worst in the nation. That’s nothing who finally understand that we could save morality. We all believe in the Constitution to be proud of. Everyone was proud to see a whole lot of that $700 million budget if and we all believe in fundamental fairness. LSU number one in collegiate football. we’re not building prisons and spending it That’s what we all want. We want to try to Now, are we proud of the fact that we lock to incarcerate low-level offenders, not vio- implement that. We want that for America. up more people than just about anyone else lent crimes, but just property crimes, and We want to get past the right-wing pieces, in the world? I am always trying to get an so forth. the white nationalism and all the rest that is answer to that. We are going through an damaging the country right now. And the election cycle now where judges are cam- Talley: From your perspective as original Americans, the Native Americans; paigning for election and I do support the the 25th Chief Justice of the Louisiana It has distressed me greatly during the election of judges. But there are still judges Supreme Court, how has the judiciary coronavirus to learn there are so many who campaign and talk about “I’m going changed over the years? of them who are on reservations without to be tough on crime, lock ‘em up and Chief Justice Johnson: In terms of di- water, medical attention and all the things throw away the key.” William Hubbard versity, yes, for sure. I just went through a we need. They have to advocate for the and the folks in South Carolina, their point book titled “The Biographies of Louisiana pockets of America where we’ve been ne- is: Is that smart? Are there more crimi- Judges.” At that point in 1985, I think there

Louisiana Bar Journal December 2020 / January 2021 248 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 249 Vol. 68, No. 4 www.lsba.org might’ve been about eight black judges, six women, all total…in the whole state. If you look at where we’ve come from 1985, when I joined the bench to where we are now, we have diversity and we have women at every level. We have women as trial judges and appellate-level judges. We have African-Americans as trial judges and on the courts of appeal. I think, in that regard, we’re doing better because now the folks who are bringing their cases to the courts are seeing people in the judiciary who look like them.

Boyle: As you are aware, your letter of June 8, 2020, to colleagues in the judicial, executive and legislative branches of Louisiana government (asking them to consider ways in which they can improve the justice system) received a tremendous amount of national publicity. I’ve talked about the letter with my friends in other parts of the country who are involved in civil rights and criminal justice issues. The letter was positively received around the country. One question I had, and other members of the Bar had, it seems like it was a full circle career-wise for you. You began your career doing civil rights work and fighting against these injustices. And Chief Justice Bernette Joshua Johnson hosts the 2014 Access to Justice Pro Bono Awards ceremony as you get to the close of your career, you at the Louisiana Supreme Court. Photo by Matthew Hinton Photography. write this phenomenal letter. Can you tell us, Chief, what were you intending to ac- keeps his knee on Floyd’s neck until he’s kind of go along. Police officers do drive- complish with the letter? (The letter is ac- dead. And I just got to the point where I throughs of what they call “high-crime cessible on the Louisiana Supreme Court’s couldn’t watch them kill George Floyd areas”. They see three young black males website at: www.lasc.org.) another time. When I tell young people standing around talking to each other or Chief Justice Johnson: To get to the that they must have courage to speak up, sitting on a stoop and they stop and shake point of having the courage to say some- I mean it. I can’t worry about who may them down to see if they have marijuana thing when it’s necessary. North Carolina be displeased or upset or angry because I on them. The letter really comes back to Supreme Court Chief Justice Cheri wrote the letter. I’m just speaking for my- my foundation. If we really believe in the Beasley did a video where she lamented self. I’m saying that, as Chief Justice of Constitution, then we really believe in the the death of George Floyd and expressed the Louisiana Supreme Court, it disturbs Fourth Amendment. If African-Americans her concerns for twin sons. You have to me to be part of a system where we don’t don’t have the same constitutional protec- have the courage to speak out. If you’ve acknowledge the fact that there are dis- tions, then you need to tell me. After 50 got black sons and brothers, you have to parities and there’s systemic racism. And years as a lawyer, I need to come to grips speak out if you have a voice. You’re say- that’s how I got into the piece. I’ve ob- with this. I’ve gone through the time when ing, “Look, an African-American man served for several years that we incarcerate “colored” was on the restrooms and we should not be at risk when they are walk- more black men for little things. Let’s just took them down. But if black men are not ing around doing the same things other start with the minor drug offenses. We did protected on the streets of America by the folks do.” What if George Floyd had been oral arguments at Loyola and Tulane law Fourth Amendment, you need to tell me. white? Would there be someone standing schools, and you talk about marijuana use on his neck? It was on every TV station; and everybody kind of giggles nervously. Boyle: To follow up, do you consider every time I turned on the television, they It’s because folks use marijuana on col- the June 8 letter to be your closing state- were showing the whole film again and lege campuses. And drug use in black and ment to the Louisiana judicial system as again, where this police officer is kneeling white communities is at about the same you end your term as a jurist and as Chief on George Floyd’s neck for eight minutes rate, but the only people who are locked Justice of the Louisiana Supreme Court? and he is saying that he can’t breathe. He up are African-Americans. And we just

Louisiana Bar Journal December 2020 / January 2021 250 Vol. 68, No. 4 www.lsba.org Chief Justice Johnson: I like the letter then how can we teach you about commin- Navy. Lemannville was a rural community as well, and I stand by it. I tell people all gling? We can’t teach it at 25. But that’s the and had few job opportunities. When my the time, that’s how I try to live my life. kind of family I grew up in. I grew up with father was discharged, he moved our fam- I wrote it and I’m standing by it. We plan brothers. I don’t have a sister. So that’s ily to New Orleans because of job oppor- to do a couple of other pieces that may another thing that comes from a frame- tunities. well be on public television that talk about work of growing up with brothers, which justice reinvestment and incarceration and means that I have a different perspective. Talley: You’ve been a judge for 38 what we need to do moving forward. My sister-in-law grew up with sisters and years and you’ve had a stellar legal career. she talks to her sisters every day on the As you near the end of your career as a ju- Boyle: That sounds great, Chief. To phone about everything. Her husband is rist, how do you want to be remembered? switch gears a bit, we’ve spent time talking my brother. If I called Sigmond every day, Chief Justice Johnson: I say this all about you as a jurist, talking about what he’d say, “What’s wrong? What do you the time, you have to keep your ego in you accomplished as a lawyer, as well as a need?” I don’t call my brothers to chat ev- check. I think I was a great trial judge. I jurist breaking so many barriers. You talk- ery day. I have a son, David, and a daugh- enjoyed that. I enjoyed the trial work and ed a little bit at the beginning about grow- ter, Rachael. My son lives in New Orleans I enjoyed interaction with trial lawyers. ing up in segregated New Orleans and go- and Atlanta, where his son, Noah, is 15 In terms of my writing and my work on ing to segregated schools. Can you tell us and plays soccer. My daughter, Rachael, the Louisiana Supreme Court, there are about Bernette Joshua Johnson? So many is a trial judge and I’m very proud of her. not a lot of dissents, but I think it’s been of us have found a model for our careers in She has been married a couple of years and consistent because I’ve tried to focus on you. But I think a lot of lawyers in the state has a wonderful spouse and three stepchil- fundamental fairness and due process. I would like to know a little bit about you as dren. Other than that, I am fairly boring. wanted everybody who came through my a person, in addition to everything you’ve I just work and, when I’m relaxing, I’m court to leave saying, I disagree, but I think accomplished. with family. I’ve been involved with a lot she was fair. All of the other things didn’t Chief Justice Johnson: Remembering of different associations and I served on really matter. If the litigants thought that back to when I was a teenager, everybody the board of trustees at my church. In the I was fair and they were treated fairly, all thought I was pretty boring. All I would do early years, I would do a free lunch proof the rest pales in comparison. If there’s is study. I can remember back in middle gram at the church. I’ve been active with some litigant out there or some person who school, when the teacher would need to the Links Incorporated, my Zeta sorority. thinks I compromised or didn’t treat every- step out of the room, they’d assign one per- And, of course, I’ve been active with the one fairly, then somebody needs to let me son to report if the kids were misbehaving bar associations, the National Association know. and I was often the one the teacher chose. of Women Judges and the ABA. I think all Because I sure didn’t mind telling the of that’s important to be well-rounded. Boyle: Your daughter, Judge Rachael teacher who misbehaved. I grew up in a Johnson, who is doing a phenomenal job family of Baptist preachers and my faith is Talley: Chief, what are you going to do on a trial court bench, said that one of the part of who I am. My paternal grandfather after December? Presumably, you’ll have most meaningful and important lessons was superintendent of the Sunday school. a little bit more free time on your hands to that she has learned from you is, “In life, I grew up with a lot of cousins who were enjoy yourself and relax. you are guaranteed to face challenges; Baptist preachers. So, religion and faith Chief Justice Johnson: I will. I’ll re- your approach to the challenges is a true and what Christianity teaches us is part of lax and rest some. Before the virus, I think test of your character.” Starting as a young who I am. Don’t steal. Don’t lie. Always everybody was saying, after retirement, child, through college, as a law student at tell the truth. You’ve got to have a moral it’s time to travel. I was talking with one LSU, in your career as a civil rights attor- compass. And so, in these trying times, of the other retired justices and she took a ney, being on the trial court bench, being a some kids have got to have something to round-the-world cruise. Well, you can’t do justice on the Supreme Court, every step feel grounded. When I first got to the court that now. So I guess I’ve got to adjust to of the way, you have faced challenges. (I’ll get back to family shortly), it always the times. How would you sum that up to help guide amazed me that some lawyers would study a young lawyer, judge or justice? hard, get law degrees and, when the ink is Talley: Are you planning any trips back Chief Justice Johnson: It goes back to barely dry on their certificates, we’ve got to Lemannville, Louisiana? I understand the other answer, be courageous. You can’t to disbar them because they steal the cli- you were born there. I had to look up its worry about the critics. You can’t worry ent’s money. I finally realized that some location. about pleasing folks. If you hesitate to do folks grew up in families where “don’t Chief Justice Johnson: My birth something because you are afraid of how steal” wasn’t taught. In CLE classes and certificate actually says Donaldsonville, it will be received, if it’s the right thing, go ethics and professionalism courses, we Louisiana. Lemannville is an unincorpo- ahead and have the courage to do it. And can’t teach everything. You’ve got to come rated part of Donaldsonville. But I grew up then, like I say to young judges all the time, to the law with a moral compass. If you in New Orleans. My family moved here just have the courage to rule. You can’t did not grow up in a family where your when I was 5 years old. So I’ve been here worry about how it’s going to be perceived parents told you that you should not steal, a number of years. My father served in the and whether someone will disagree with

Louisiana Bar Journal December 2020 / January 2021 250 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 251 Vol. 68, No. 4 www.lsba.org what you’re saying. Which is why, I guess, I’ve written dissents in some instances. In some instances, some of them have been well received and some have not.

Talley: Let’s focus on your legacy. I was a history major and I often take a look at legacy. Many people have called you a trailblazer. In my opinion, you are the quintessential trailblazer. It takes a lot of perseverance, patience and courage to be a trailblazer and to overcome many of the challenges you’ve had to face. What does this mean to you? And do you think this is your legacy? Chief Justice Johnson: Well, being a trailblazer to me just means the first person to do something. I have tried to be sure that, if I was the first, I was not the only person to do something. You may get to a meeting/event and you’re the only Chief Justice Bernette Joshua Johnson with her daughter, Judge Rachael D. Johnson, and her son, African-American in the room. If you David K. Johnson, at the Feb. 28, 2013, investiture ceremony. Photo by Matthew Hinton Photography. look around the room and say, “Well, wait a minute. I shouldn’t be the only one here. and nine white male examiners. I asked, I will be happy to do that. (Note: Judge There should be other voices.” You want since women and African-Americans and Piper D. Griffin was elected and will be to be sure that all voices are being heard. others are taking the bar exam, why do we sworn in as the next associate justice of So, being a trailblazer is okay. But I think have nine examiners and they are all white the Louisiana Supreme Court — the third what you need to ask is, as a result of that males? They explained to me: Usually African-American justice and the second first person doing something, what did it how it works is, the examiner goes down African-American woman on the Court.) look like afterwards? If I’m still the only the hall at whatever big law firm they are one, then we have a problem. in and recruits a junior associate and that Talley and Boyle: On behalf of the Talley: That’s a good point. person assists as a grader. Then that per- LSBA and its members, we would like to son works his way up to be examiner to thank you for your decades of service to Boyle: I was talking the other day replace the current examiner. And so on. the legal profession and wish you the very about when you were first elected to the I asked about inclusion and was told it best of luck in all your new endeavors. Supreme Court. Many young African- would take something like 10 years for American lawyers did not know anything someone to work their way from grader to Patrick A. Talley, Jr., about the various Supreme Court commit- examiner. My response was we can’t wait a partner in the New tees. One of the things you’ve done that Orleans office of Phelps 10 years for inclusion, with all of these Dunbar, L.L.P., is the we all appreciate is you went out of your women and African-Americans taking the 2019-21 secretary of way to appoint and open up that process bar exam now. That’s just one example. the Louisiana State Bar of committee service to young lawyers of We’ve got to jump in and move forward. Association and edi- color and to women. You appointed me to tor of the Louisiana Bar You just can’t allow that kind of disparity Journal. (talleyp@phelps. some committees I didn’t know existed to exist forever. com; Ste. 2000, 365 until I received the appointment letter. So, Canal St., New Orleans, to your point of not just to be the first, but Talley: Thank you, Chief. But one LA 70130-6534) to make sure that you weren’t the last, we question just occurred to me. Your succes- Kim M. Boyle, a partner appreciate it. sor on the Supreme Court is an African- in the New Orleans office Chief Justice Johnson: Let’s talk American woman. What advice would of Phelps Dunbar, L.L.P., about the Committee on Bar Admissions. you give to her? served as the 2009-10 When I got to the Supreme Court, I re- president of the Louisiana Chief Justice Johnson: I’ll just give State Bar Association. member the meeting because the court my advice to her directly. I’m going to ([email protected]; was still over on Loyola Avenue. I was be around to do the same things that Ste. 2000, 365 Canal St., sitting in the conference room when we Henry Roberts and Tom Early did for me. New Orleans, LA 70130- 6534) were talking about the Committee on Bar I’ll sit down and tell her what I’ve done Admissions, nine sections to the bar exam and just offer whatever assistance I can.

Louisiana Bar Journal December 2020 / January 2021 252 Vol. 68, No. 4 www.lsba.org GUARDING WHAT MATTERS.

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Louisiana Bar Journal December 2020 / January 2021 252 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 253 Vol. 68, No. 4 www.lsba.org In Memoriam: Former Louisiana Gov. Murphy J. (Mike) Foster, Jr. 1930-2020

By Bernard E. Boudreaux, Jr.

Editor’s Note: Former Louisiana Gov. teristic that few of the public know about. eventually employed over 500 people and Murphy J. (Mike) Foster, Jr. died on Oct. His humility was demonstrated by the fact owned more cranes than any other com- 4, 2020, at his home in Franklin. He was that he never bragged about what he had pany between New Orleans and Houston. 90. To recognize Gov. Foster’s life and ca- accomplished. But he never used that caring gesture to- reer in a more personal way, the Louisiana When people run for office, almost all ward his employees in any of his cam- Bar Journal turned to someone who knew brag about what they have accomplished. paigns. him best: Bernard E. Boudreaux, Jr., who Mike never did that. In his first campaign, At Christmas time, he gave an open served as Gov. Foster’s executive counsel he could have said, “I served in the Korean party at Bayou Sale Contractors’ office for from 2000-04. Boudreaux offers an inside War as a captain” and “I gave a lot of all the children in the Franklin area. He look at the businessman, sugar cane farm- money to poor people.” He refused to use fed their families dinner and he gave ever, governor and lawyer. The Louisiana any of that information in his campaign ery child who came a Christmas present. State Bar Association extends its sympa- because Mike thought that military service But he never used that gesture in any of his thies to Gov. Foster’s family and friends. is a duty and charity is a private thing be- campaigns. tween you and your God. They are not to Also at Christmas, he would call City n response to a motion and order to be used in politics. So much for humility. Marshall Josh McDaniel and give him compel obtained by (Louisiana Bar Next there is his generosity about which a check for $1,000 for every African- Journal Editorial Board member) he refused to boast. American church in the area. But he never Edward J. Walters, Jr., I have pre- After his stint in Korea, he returned to used that caring gesture in any of his cam- paredI the following observations about my Franklin and started farming sugar cane. paigns. old and dear friend, former Gov. Murphy He worked on Maryland plantation, owned All of these charitable acts took place J. Foster, Jr. by his family, for about a year to learn the long before he had any thought of running I knew him as “Mr. Mike,” his affec- trade and to learn how to do the things his for public office. tionate appellation by which he is often ad- laborers did. After that year of learning the You can see the blend of generosity and dressed, and I knew him very well, very trade, he went out on his own and leased humility. well indeed. So it is difficult to prepare small tracts of land from others, one tract Mike’s campaigns were only a story of an unbiased article about a man much ad- at a time. Basically, he was a share crop- what he was going to do when he was in mired, this truly remarkable man. per. But there are a few months in the office, not about what he had done in the Several concepts came to mind while I sugar industry when there is nothing to past. He was never a historian. He only was trying to think of something appropri- do but watch the sugar cane grow. During looked forward. ate, and one was from Shakespeare’s work, this time, his employees had to be let go He ran for the Senate because his Julius Caesar, and Mark Antony’s eulogy and to rely on welfare for survival. That senator wouldn’t return his phone calls. for Caesar. “I have come to bury Caesar, was the custom of the trade in the sugar He thought if he won he could “fix what not to praise him.” Well, a warning, I come industry and no one, not even the employ- he thought was broken.” But he ran as a to praise Mike, not to bury him. ees, expected anything different. But Mike Democrat and won handily. When he de- Most of what he accomplished as gov- believed that he could change that annual cided to run for governor as an obscure ernor was in his published obituary. So I misfortune for his people, so he formed senator, he was going to run as a Democrat. speak of this great friend as a close observ- a company, Bayou Sale Contractors. The After much conversation, he agreed that er of how he personally conducted himself only business that it had was to keep pipe- he couldn’t win as a Democrat. But in in his private and public life, the personal line rights-of-way free of weeds and trees public office, he was neither a Democrat things about him that you may not know. during the summer time. It owned yo-yos nor a Republican. He was a populist. He One person who knows very much and a truck or two, barely breaking even wanted to be sure he represented all of the about state government told me: “Wow, I financially. But at least his employees had people. A very large amount of all of the didn’t know he’d done all that.” There was jobs all year round and, therefore, could state money expended was spent on edu- a reason that person didn’t know, and that support their families all year round. He cation and healthcare to help people who was because of Mike’s humility, a charac- grew Bayou Sale Contractors to where it needed help and to improve the condition

Louisiana Bar Journal December 2020 / January 2021 254 Vol. 68, No. 4 www.lsba.org of Louisiana’s people of all backgrounds. flew to remote areas where the ducks were There is a long list of the public things “supposed” to be. On one such trip, they that he did. Who is this wealthy Republican were flying to a lake about which Mike who does such things? knew nothing. As he started his landing In Memoriam: The first thing Mike did upon becom- procedure, he asked, “Sidney, are there any ing governor was to hand to his senior staff stumps in that lake?” Sidney said, “No, I’d members coins that read, “Do the Right bet my life on it.” Mike said, “Well, that’s Thing.” That was the mantra by which he exactly what you’re about to do.” On an- lived, the standard to which he held his other trip, he tied a pirogue to a pontoon. staff and to which he insisted Louisiana But the rope used lengthened with stress government aspire. and the pirogue was soon flying alongside Also, immediately after taking office, them but a few inches away, all which he invited the entire Supreme Court to din- caused a tense landing experience. ner at his home. He wasn’t happy about He called a special session early Former Louisiana Gov. Murphy J. (Mike) some of its opinions. Cheney Joseph, his Foster, Jr., seated, with his son Murphy J. in his first year in office and success- first executive counsel, and I warned him Foster III, a partner in the Baton Rouge office fully pushed the Legislature to restore about the doctrine of separation of pow- of the law firm Breazeale, Sachse & Wilson, balance to Louisiana’s legal system, ers, and that he should be very careful and LLP. Photo provided by the Foster Family. which it did. He created the Louisiana circumspect in his conversation with the Workforce Commission and then per- them to vote for the bill. He went to them. justices. He acknowledged the existence of suaded legislators and voters to catch He didn’t summon them to his office. He such an ambiguous concept but he wanted Louisiana up with the rest of the country had great respect for the Legislature be- to have a friendly conversation with the by creating the Louisiana Community and cause he had served there. The Stelly law justices. Cheney and I invited ourselves Technical College System, which has been has been repealed and the state’s budgeting to that dinner just to be sure that the line Louisiana’s fastest growing workforce is now a scramble. between the powers was not crossed. All development system. He ensured that Mike’s image as a fair and impartial justices came, and all went well. The line money was available for the Children’s governor was reinforced by the fact that was not crossed. Health Insurance Program. He brought the four of the major agencies of Louisiana Another attribute was his openness. He Charity Hospital system under the supervi- government were headed by African- sincerely believed that the people have a sion of the LSU Medical School instead of Americans, a first. Mike appointed Terry right to know what their government was under a board of several who were not pro- Landry as the first African-American ever doing, and why. To that end, during his first fessionally trained for such supervision. to serve as head of the Louisiana State term, he had a radio program once a week In a special session in 2002, he not Police. where he took phone calls from whomever only ensured that the Saints would stay He also caused to be created a non-tra- called to ask a question about government. in New Orleans, but he also authorized ditional law student program at Southern There was no screening of the calls in the the building of an arena so that Louisiana University Law Center to provide oppor- process. He answered every question that could secure an NBA franchise. He plant- tunities for those who could not afford to he could. For those questions which he ed the seeds for economic development enter law school as full-time students. could not answer, he took the name and successes to come by modernizing the But there was more personal and amus- phone number of the person calling and Quality Jobs Act, expanding the film and ing information that helps to describe the had the appropriate person in government video production incentives, and creating real Mike Foster. call back with an answer. You can see the the research and development and tech- When he was first elected as governor, combination of generosity, humility and nology commercialization tax credits. He he was not comfortable with the ever-pres- openness in government. also guided $100 million in investments in ent closeness of the police required for the There was his work with the “Stelly biosciences and information technology to personal safety of a governor. He would Plan,” which slightly raised taxes on the build Louisiana’s capability in the indus- drive his own car with the police detail fol- wealthy so the sales tax, a regressive tax, tries of the future. lowing him. He thought it was great fun could be lowered. The sales tax expired ev- He paid down state debt more than any to try to lose the detail, and he was occa- ery couple of years and had to be renewed other governor while investing hundreds sionally successful. Finally, the police told by the Legislature. The financial stabil- of millions of dollars into new university him that he was making their work more ity of the state was in jeopardy each time buildings and deferred maintenance on all difficult, so he stopped. He established a the tax had to be renewed. Budgeting was university campuses. He reimaged the en- close friendship with his police detail and very difficult. The Stelly legislation made tire state government complex which rebuilt a generous Christmas “surprise” was theirs the taxes permanent and stabilized state and revitalized downtown Baton Rouge to to enjoy every year. income for proper budgeting. Mike sat on what it is today. The consolidation of gov- He loved to pilot his own plane, and the floor of each house and called the leg- ernment resulted in millions of dollars saved he and his friend, Sidney Richard, often islators to the rail one by one to convince in rent payments to private owners.

Louisiana Bar Journal December 2020 / January 2021 254 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 255 Vol. 68, No. 4 www.lsba.org DOES YOUR MALPRACTICE DOES YOUR MALPRACTICE He was an avid hunter and fisherman staff members were invited, and many came. POLICY INCLUDE CYBER COVERAGE? and made restoring Louisiana’s coast a na- Brother Larry was not an Episcopalian — POLICY INCLUDE CYBER COVERAGE? tional issue as well as a statewide priority, Mike’s choice of worship — but he had endorsing constitutional amendments that seen Brother Larry on television and liked required new federal funding dedicated to his message and how he delivered it. Brother coastal restoration. Larry immediately accepted the invitation In K-12 education, he passed teacher and came to the mansion “religiously” every pay raises and created opportunities for Wednesday morning. charter schools to start up. The LA-4 pre- When Mike left office in 2004, K program and the school academic per- Louisiana was in a dramatically better formance and high school graduation rates place financially, and the foundation had were initiated. To retain Louisiana’s most been laid for future success in all other talented high school students, he created areas of state government. He credited his the TOPS scholarship program that has success as a legislator and as governor to provided scholarships to tens of thousands his non-partisan approach and always put- Former Louisiana Gov. Murphy J. (Mike) *********** **** of students in the past two-plus decades. ting Louisiana’s needs and priorities first, Foster, Jr., seated, with, from left, grandson *********** **** Mike also spearheaded the building Clark E. Foster, grandson Murphy J. Foster IV, above political purposes. It was never “my of the renowned New Orleans Center for great-grandson Murphy J. Foster V (James) and party right or wrong.” STRONG WEAK the Creative Arts, giving New Orleans the son Murphy J. Foster III. Photo provided by the He restored fiscal sanity by balanc- Foster Family. STRONG WEAK finest performing, visual, literary and culi- ing budgets, running surpluses, ending the nary arts programs in the nation. repeated pattern of budgeting by crisis, ed to change the law involving workers’ Mike graduated from Louisiana State and making massive new investments in compensation. Insurance companies were University in 1952 with a bachelor’s de- infrastructure and education, both K-12 leaving the state, and businesses were un- gree in chemistry. Because of his eter- and higher education, in order to position able to obtain such insurance. His creation nal curiosity about law, he also man- Louisiana more competitively for the future. of the Louisiana Workers’ Compensation aged to complete his courses at Southern So that, in general, is more than you Corporation has resulted in a tremendous University Law Center and graduated with probably wanted to know about the life reduction in the cost of workers’ compen- a juris doctorate in 2004. He was never and times of a truly great governor. sation insurance. Dividends to its custom- happy with lawyers telling him he couldn’t I close by quoting Professor J. Denson ers are unusually high. accomplish his objectives in state govern- Smith (for those who remember him). At In an effort to reduce insurance rates in ment because it “was against the law” and the end of a class on a Saturday when he all categories and to show that Louisiana sought to change those laws by further un- was anxious to play golf at the Sherwood was a good state where insurance compa- derstanding how it could be done. Forest Country Club, he would declare, REMEMBER... nies would be comfortable working, he in- His curiosity and commitment to learn- “And I refuse to admit that I’ve been ram- REMEMBER... vited the presidents of all major insurance ing new things that were practical always bling.” companies for dinner at the Governor’s drove him. He was always looking to learn I quote his declaration for its applica- less premium may mean less coveraGe Mansion, and most came. The effect was a new craft. He was a certified welder, had tion here. less premium may mean less coveraGe very positive, across the board. These im- a fixed wing and helicopter pilots’ license portant people were able to meet together and had a 20-ton boat captain’s license. He Bernard E. Boudreaux, and see the real Gov. Foster. completed EMT courses just in case there Jr. is an attorney in the In 2002, it became evident that Baton Rouge office of COMPARE POLICIES AND MAKE SURE was ever a need for such abilities. Louisiana had too many people in prison Jones, Swanson, Huddell COMPARE POLICIES AND MAKE SURE As an attorney, I represented Mike’s & Daschbach, LLC. Prior — 800 people per 100,000 in population — YOU KNOW ALL THE FACTS. father, his brother and his businesses. So I to joining Jones Swanson, YOU KNOW ALL THE FACTS. while all of Louisiana’s neighbors, Texas, he was a partner for 10 knew Mike’s business style very well. He Cyber Liability insurance is a must-have for the modern of ce. It only takes a Oklahoma, Arkansas, Mississippi and years with Breazeale, was a very difficult client because he al- Alabama, averaged about 600 confinees Sachse & Wilson, LLP, stolenCyber computer, Liability insurance a hacker, is or a amust-have virus to create for the substantial modern of ce.consequences It only takes for a ways wanted the law to be what he thought in Baton Rouge. From per 100,000 in population. Obviously, yourstolen business computer, or to a lose hacker, clients’ or atrust. virus Protect to create yourself substantial from the consequences cost of for it should be, not what it actually was. After 2000-04, he was executive Louisiana was out of line. So he caused counsel to Gov. Murphy J. your business or to lose clients’ trust. Protect yourself from the cost of he began his law student days, he was a unexpected network damage or a privacy breach. Compare policies and GilsbarPRO.com to be passed legislation, now repealed, to Foster, Jr. Prior to his service as executive counsel, much easier client to manage because he unexpected network damage or a privacy breach. Compare policies and GilsbarPRO.com reduce that confinement rate. he served as the district attorney for the 16th Judicial make sure you know all the facts. The LSBA endorsed policy contains cyber realized the importance of jurisprudence District. He is currently general counsel for the St. 800.906.9654 Mike had deep faith, but he didn’t wear riskmake protections sure you withknow the all option the facts. to buy The up. LSBA endorsed policy contains cyber and the how and why it came to be, both by Mary Sugar Cooperative, Inc. and Louisiana Sugar 800.906.9654 that religiosity on his sleeve. During the sec- risk protections with the option to buy up. statute and by judicial interpretation. He al- Cane Cooperative. He received a BA degree in 1960 ond year of his first term, he decided to invite from the University of Louisiana-Lafayette and his JD ways knew how the law could be changed Brother Larry Stockstill to conduct a Bible degree in 1961 from Louisiana State University Law because of his service in the Louisiana School. He was inducted into the Louisiana Justice study breakfast at the mansion once a week Senate. In fact, as stated, the only reason Hall of Fame in 2006. (bboudreaux@jonesswanson. on every Wednesday morning. All senior he ran for the Senate was because he want- com; Ste. 1920, 301 Main St., Baton Rouge, LA 70801)

Louisiana Bar Journal December 2020 / January 2021 Vol. 68, No. 4 www.lsba.org This information is intended to present a general overview for illustrative purposes only. It is not intended to constitute a binding contract. Please 256 Thisremember information that only is intended the relevant to present insurance a generalpolicy can overview provide for the illustrative actual terms, purposes coverages, only. amounts,It is not intended conditions to andconstitute exclusions a binding for an contract. insured. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. DOESDOESDOES YOUR YOUR YOUR MALPRACTICE MALPRACTICE MALPRACTICE DOES YOUR MALPRACTICE POLICYPOLICYPOLICY INCLUDE INCLUDE INCLUDE CYBER CYBER CYBER COVERAGE? COVERAGE? COVERAGE? POLICY INCLUDE CYBER COVERAGE?

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Louisiana Bar Journal December 2020 / January 2021 Vol. 68, No. 4 www.lsba.org Louisiana ThisBar information ThisJournalThis information information Decemberis intended is isintended intended to 2020present to topresent / present aJanuary general a generala generaloverview 2021 overview overview for illustrative for for illustrative illustrative purposes purposes purposes only.Vol. only. It 68, only.is not ItNo. is Itintended isnot 4 not intended www.lsba.orgintended to constitute to toconstitute constitute a binding a bindinga bindingcontract. contract. contract. Please Please Please 256 Thisremember informationrememberremember that onlythat is that intended theonly only relevant the the torelevant relevantpresent insurance insurance insurancea generalpolicy policy can policyoverview provide can can provide for providethe257 illustrative actual the the actual terms, actual purposes terms, coverages,terms, coverages, only. coverages, amounts,It is notamounts, amounts, intended conditions conditions conditions to andconstitute exclusions and and exclusions aexclusions binding for an forcontract. insured. for an an insured. insured. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. Suit Up for the Future High School Summer Legal Institute and Internship Program: Achieving Diversity in the Profession, One Student at a Time

By Chief U.S. Magistrate Judge Karen Wells Roby

Justin DiCharia, Louisiana Journee Berry, Fordham Former Suit Up for the Future Program participants have all at- State University Paul M. University School of tended law school. From left, Janae Torrence, Loyola University Hebert Law School gradu- Law graduate and 2012 New Orleans College of Law, 2013 Suit Up Program; Theresa ate, now with Squire Patton Suit Up for the Future Aubert, Loyola University New Orleans College of Law, 2011 Suit Boggs in Washington, D.C., Program participant. Up Program; Calli Farrell, University of Mississippi Law School, and 2011 Suit Up for the 2012 Suit Up Program; and Darla Nguyen, Loyola University Future Program participant. New Orleans College of Law, 2013 Suit Up Program.

Hannah Lampo, Tulane University Law School student and 2014 Suit Up for the Future Program participant.

n June 2011, the Suit Up for the Program as a precursor for their dreams of ished first in his class during his 1L, 2L and Future High School Summer Legal one day becoming lawyers. They learned 3L years. He graduated in 2019 and lives Institute and Internship Program how to write a legal memo and argued an and works in Washington, D.C. as an as- was created to encourage students appellate matter in federal court before sociate with Squire Patton Boggs. fromI diverse backgrounds to consider law a three-judge panel of state and federal In 2012, Journee Berry, a native of school as a career option. Through the judges. This rich experience has motivated New Orleans, participated in the Suit Up support of the members of the Louisiana and steered several of the program’s par- program. Like DiCharia, Berry exhib- State Bar Association, practitioners and ticipants to attend law school. ited unique skills and she received the the judiciary, high school students were The very first Suit Up participant to Best Oralist Award. After completing her immersed in a three-week legal experi- attend law school was Justin DiCharia. undergraduate studies, she enrolled at ence like none other. The students visited DiCharia, a dynamic high school student Fordham University School of Law where area courts, met with judges, and watched and 2011 Suit Up participant, demon- she just completed her final year. In 2018, proceedings in criminal, civil and federal strated a level of mock trial skill not often she returned home and externed for U.S. court. During their “working” lunches, the seen in many. He received the Best Oralist Magistrate Judge Janis Van Meerveld, students heard from lawyers about their Award. He went on to attend college and U.S. District Court, Eastern District of career choices. studied journalism. After working at the Louisiana. In 2019, she served as a legal While some of the students participated State Capitol, he attended Louisiana State intern at Lincoln Square Legal Services, in the program to learn more about the University Paul M. Hebert Law Center. Inc. in New York City. legal profession, others saw the Suit Up His talents again shined brightly as he fin- Theresa Aubert and Calli Farrell, par-

Louisiana Bar Journal December 2020 / January 2021 258 Vol. 68, No. 4 www.lsba.org ticipants in the 2011 and 2012 Suit Up pro- Orleans from 2019-20. Torrence attends Karen Wells Roby, chief grams, respectively, are both currently in Loyola University New Orleans College magistrate judge for the U.S. District Court for law school. Farrell attends the University of Law. Lampo attends Tulane University the Eastern District of of Mississippi Law School and Aubert Law School. Lampo externed for Judge Louisiana, is the coordi- attends Loyola University New Orleans Jay C. Zainey, U.S. District Court, Eastern nating judge for the Suit College of Law. Prior to law school, District of Louisiana. She also works with Up Program. She was appointed to the court in Aubert interned with Liskow & Lewis, the Tulane Maritime Law Journal. 1998 after a distinguished APLC. In 2019, Aubert worked as a sum- While it takes five years to evaluate the career in private prac- mer law clerk at Acadiana Legal Services effectiveness of the program, these students tice, including as a litiga- Corp. in Lafayette. Farrell returned to the demonstrate that the Suit Up Program is ef- tion partner with the New Orleans law firms of Deutsch, Kerrigan & Stiles and Suit Up Program in 2013 and served as a fectively diversifying the profession, one Vial, Hamilton, Koch & Knox. She earned a BS de- summer intern. student at a time. June 2021 will mark the gree in business administration in 1983 from Xavier Darla Nguyen (2013 Suit Up Program), program’s 10th year. A 10-year celebration University and her JD degree in 1987 from Tulane Janae Torrence (2013 Suit Up Program) and is being planned for next summer. The pro- Law School (TLS). She is an adjunct professor at TLS, teaching E-Discovery and Digital Evidence. She also Hannah Lampo (2014 Suit Up Program) gram thanks everyone who volunteers each served as chair of TLS Black Law Alumni Reunion each remained steady in the course through summer to make this program a success. which celebrated 50 years of graduating African- their undergraduate studies. All attorneys are encouraged to celebrate American lawyers in 2019. She is a former president Nguyen attends Loyola University New the achievements of these students and to of the Federal Magistrate Judges Association. (kar- [email protected]; 500 Poydras St., New Orleans College of Law and worked as a recognize the efforts made to increase di- Orleans, LA 70130) paralegal at Kanner & Whiteley in New versity in the legal profession.

Celebrating 55 Years of

Moving from WHY to HOW MARCH 5, 2021 SHERATON NEW ORLEANS HOTEL • 500 CANAL ST., NEW ORLEANS, LA 13TH ANNUAL CONCLAVE ON DIVERSITY IN THE LEGAL PROFESSION EARLY REGISTRATION DEADLINE: FEBRUARY 5, 2021

The Conclave will examine the history and future of civil rights, paying homage to the trailblazers of the past and looking to the future. Highlights include: ► Breakout Sessions: Two breakout sessions (Criminal Justice and Voting Rights) facilitated by highly credentialed speakers that will provoke discussions regarding the scope and meaning of inclusion, the state of the profession, and the case for a diverse and inclusive legal profession. FEATURING ► Civil Rights Sessions: Two Civil Rights sessions featuring a panel Freedom of academics and Civil Rights pioneers. Charles Person, one of the 13 Rider original Freedom Riders, will share insights on the Civil Rights movement. Charles A. Person

www.lsba.org/diversity/ConclaveLegalProfession.aspx

Louisiana Bar Journal December 2020 / January 2021 258 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 259 Vol. 68, No. 4 www.lsba.org Lawyers in and Libraries 2020: A Winning Combination of Virtual Services

By Stephanie M. Beaugh and Jordan M. Maier

acing a pandemic and a hurricane, attorney volunteers across Louisiana, nevertheless, turned out to provide free, vir- Ftual legal assistance to the public during the Louisiana State Bar Association’s (LSBA) “Lawyers in AND Libraries” Week of Service. Events were held Oct. 26-31 in conjunction with National Celebrate Pro Bono Week, a week also designated as Pro Bono Week in Louisiana by Gov. John Bel Edwards. Since 2014, public libraries have partnered in the Lawyers in Libraries Tiffany E. Monroe, an attorney and Legal program to host attorney volunteer Ask- Innovators for Tomorrow (LIFT) Fellow, pre- A-Lawyer events and presentations on sented a webinar on “Wills & Successions.” legal topics in local library branches throughout the state. The COVID-19 on-one Ask-A-Lawyer sessions over the pandemic, which caused suspension phone and on LA.FreeLegalAnswers. of in-person events, also caused an in- org. Additionally, to expand the reach, crease in pandemic-related legal needs. attorney volunteers, including LIFT Louisiana State Bar Association President Alainna R. Mire with the proclamation signed Upon evaluation, librarians and program Fellows, gave live presentations on by Gov. John Bel Edwards recognizing Pro organizers determined the much-needed pressing and pandemic-related legal Bono Week in Louisiana. legal assistance to individuals could be issues via a Lawyers and Libraries provided virtually. Facebook page, specifically created for Organizers leveraged existing this year’s event. The State Library of LSBA pro bono programs, including Louisiana and public librarians through- LA.FreeLegalAnswers.org and Legal out Louisiana promoted events by dis- Innovators for Tomorrow (LIFT), to tributing bookmarks via drive-through complement the “Ask-A-Lawyer” ser- library services and sharing on library vices. LA.FreeLegalAnswers.org is an websites and social media platforms. American Bar Association-developed While the midweek arrival of Attorney Amber C. Sheppard presented a we- pro bono site where people who can- Hurricane Zeta threatened to derail binar on “Family Law.” not afford legal representation can sub- events, with the rescheduling of a few mit civil legal questions and have them consultations, all Lawyer and Libraries C. Sheppard, Sheppard Law, PLLC; answered by attorney volunteers. The events were able to proceed as planned, ► Oct. 28: “Housing & Evictions” LIFT incubator program provides new including the following webinars host- by Hannah D. Adams, staff attorney at attorneys with the resources they need ed live on the Lawyers and Libraries Southeast Louisiana Legal Services; and to build public interest-focused solo Facebook page: ► Oct. 30: “Wills & Successions” practices that increase access to legal ► Oct. 26: “Understanding by LIFT attorney Tiffany E. Monroe, the services for low- and moderate-income Unemployment Laws during Law Office of Tiffany E. Monroe. residents of Louisiana. COVID-19” by Mariarenee Contreras Lawyers and Libraries attorney vol- As the plan for virtual services came and Constance E. Tullier, staff attorneys unteers assisted more than 84 library together, organizers arranged for attor- at Southeast Louisiana Legal Services; patrons from 25 different parishes neys to answer patrons’ questions in one- ► Oct. 27: “Family Law” by Amber through Ask-A-Lawyer sessions and

Louisiana Bar Journal December 2020 / January 2021 260 Vol. 68, No. 4 www.lsba.org Hannah D. Adams Attorney Volunteers John L. Norris IV Lauren R. Anderson Burton P. Guidry Meghan E. Notariano Jason D. Asbill Felicia M. Hamilton David C. Peltier Dara L. Baird E. Holden Hoggatt Mark A. Perkins Marlon C. Battley Gregory D. Hopkins Ramesh K. Reddy Troy N. Bell Kaila M. Hutchison Mary A. Reed J. McCaleb Bilbro Pamela R. Jones Joseph J. Schilleci III Eric A. Bopp Suzanne M. Jones Cynthia F. Schmidt Maura E. Bowlin Diedre P. Kelly Justin B. Schmidt Melissa H. Brink Teresa D. King Amber C. Sheppard Shentell W. Brown Robert A. Kutcher Madeline G. Smith Lakethia B. Bryant Angela M. Leonard Matthew S. Smith Jules R. Cattie III Jeanne O. Liles Sarah M. Smith Candace Cenac Chauvin Anthony J. Livaccari, Jr Scott L. Smith, Jr. Mariarenee Contreras James G. (Jim) Maguire Briana C. Spivey Louisiana State Bar Association Immediate Past President Robert A. Kutcher volunteer- Keith M. Couture Katherine P. (Katie) Martin Myles B. Steib ing his time during a virtual “Lawyers AND Blake R. David Jessica P. McClain Vincent J. Trombatore Libraries” event, answering civil legal questions from the public by phone. Erin E. Dearie Walter P. McClatchey, Jr. Constance E. Tullier A. Patrick Dehon, Jr. Matthew M. McCluer Yovanna Y. Vargas Shereba L.M. Diaz T. Simon Menard Rachel T. Vogeltanz Chase J. Edwards Elizabeth S. Meneray Angela G. Waltman J. Morgan Field III Tiffany E. Monroe Pascale B. Watson Lewis M. Gladney Janice Montague-Myles Kirk A. Williams Kandice N. Guice Natalie M. Morris

Special Thanks to: Southeast Louisiana Legal Services Acadiana Legal Service Corporation During the “Housing & Evictions” webi- Law Library of Louisiana nar presented by Southeast Louisiana Legal Services staff attorney Hannah D. Adams, she State Library of Louisiana explained that the public could ask questions Louisiana Library Association via the LA.FreeLegalAnswers.org site. Dedicated staff members of libraries across Louisiana

LA.FreeLegalAnswers.org, and the we- LSBA members who volunteered in Self-Represented binars have already reached more than their communities, and the pro bono Litigation Committee. She also works to devel- 2,500 viewers, thanks in large part to agencies, local bar associations, private op and implement court- the libraries who shared them on their practitioners and legal service providers based Self-Help Resource Facebook pages. who helped to coordinate events in indi- Centers. (stephanie. “Through this year’s Lawyers and vidual parishes. The names of attorneys [email protected]; 601 St. Charles Ave., New Libraries program, LSBA members and who offered their time are listed above. Orleans, LA 70130-3404) public librarians truly demonstrated their The LSBA encourages attorneys to resilience, ability to adapt, and determi- volunteer at their local libraries, when per- Jordan M. Maier is the nation to serve the people of Louisiana,” missible, or with LA.FreeLegalAnswers. Louisiana State Bar Association’s Access to said LSBA President Alainna R. Mire. org throughout the year. More in- Justice administrative “These innovative approaches are vital formation is available at: www. assistant. She adminis- to ensuring that our communities and the LouisianaLawyersinLibraries.org. ters the LSBA’s Pro Bono people who are in need of legal assis- Awards Program and the Stephanie M. Beaugh is the Louisiana State Bar Lawyers and Libraries tance now more than ever receive equal Program. (Jordan. access to justice,” she added. Association’s Access to Justice (ATJ) projects counsel. She is the liaison to the Children’s Law [email protected]; 601 The LSBA would like to acknowl- Committee, the Legal Services for Persons with St. Charles Ave., New edge Louisiana library staff and the Disabilities Committee and the ATJ Commission’s Orleans, LA 70130-3404)

Louisiana Bar Journal December 2020 / January 2021 260 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 261 Vol. 68, No. 4 www.lsba.org Association ACTIONS LEGAL SPECIALIZATION... MCLE... TIP

Attorneys Apply Attorneys Apply for Recertification as for Certification as Legal Specialists Legal Specialists ursuant to the Rules and Jacob S. Capraro...... Baton Rouge Regulations of the Louisiana Susan K. Chambers...... New Orleans ursuant to the Rules and Board of Legal Specialization, Kevin Courtney Curry...... Baton Rouge Regulations of the Louisiana notice is hereby given that the fol- Michele Moore Echols...... Mandeville Board of Legal Specialization, lowingP attorneys have applied for recertifi- Jeffrey Wood Koonce...... Baton Rouge notice is hereby given that the cation as legal specialists for the period Jan. Caroline Devereaux Pfollowing attorneys have applied for 1, 2021, to Dec. 31, 2025. Any person want- Lafourcade...... New Orleans certification as legal specialists. Any ing to comment upon the qualifications of Brett Salvadore Lala...... Madisonville person wanting to comment upon the any applicant should submit comments no Alyce B. Landry...... Gulf Breeze, FL qualifications of any applicant should later than Dec. 30, 2020, to the Louisiana Francis Joseph Lobrano.... Belle Chasse submit comments no later than Dec. Board of Legal Specialization, 601 St. Ashley Kelton Longwell... New Orleans 30, 2020, to the Louisiana Board of Charles Ave., New Orleans, LA 70130, or Matthew P. Miller...... New Orleans Legal Specialization, 601 St. Charles by email to [email protected]. Joseph Michael Placer, Jr...... Lafayette Ave., New Orleans, LA 70130, c/o It is also requested that any knowledge Brianne Star Rome...... New Orleans Specialization Director Mary Ann of sanctions or other professional action Daniel Joseph Walter...... New Orleans Wegmann. against an applicant be reported during this It is also requested that any knowl- comment period. Family Law edge of sanctions or other professional Layne M. Adams...... Downsville action against an applicant be reported Estate Planning & Administration Charlene Ory Kazan...... Mandeville during this comment period. Kevin Courtney Curry...... Baton Rouge Bernadette Rocco Lee...... New Orleans Mary Cole Hester...... Baton Rouge Mark Joseph Mansfield...... Covington Appellate Practice David Gregory Koch...... Baton Rouge Terri McDonough Miles...... Gretna Kelly Brechtel Becker...... New Orleans Erin Elizabeth Kriksciun... New Orleans Evelyn M. Oubre...... Lake Charles Jack E. Morris...... Metairie Carl Joseph Servat III...... Metairie Frank R. Tranchina, Jr...... Covington James Graves Theus, Jr...... Alexandria Kristyl R. Treadaway...... Metairie Estate Planning & Administration Beth-Anne Perez Watson...... Metairie Angela Cox Williams...... Slidell Alison C. Bondurant...... Madisonville Jeffrey S. Wittenbrink...... Baton Rouge Kody Cannon...... Lake Charles Tax Law Stanley B. Blackstone...... Lafayette Consumer Bankruptcy Law Family Law Dorrell J. Brister...... Alexandria Robin Ronquillo De Leo...... Mandeville Mandi Borne Bucher...... Lafayette Rachael P. Catalanotto...... Mandeville JLAP Board president announces Louis J. Cosenza...... Gonzales A. Casey Desselles...... Albany job opening for Executive Director Shelley Ann Goff...... Ruston Natalie Caro Roy...... Baton Rouge Shayna L. Sonnier, board president of the Louisiana Judges and Lawyers Assistance Program, Inc. (JLAP), announces plans to hire an Executive Director. Tax Law “We are hiring an Executive Director. My hope is that you will take a look at the ac- Daniel H. Bruni...... Metairie companying job description and forward it to anyone you know who may be qualified and interested. Perhaps that person is you! The position will remain open until filled; however, we are eager to find and bring on board our new leader. Submit your résumé or CV, along with a cover letter outlining the ways in which you meet the stated qualifications. You should email them to me, Shayna Sonnier, at [email protected].” Review the full job description at: www.lsba.org/goto/JLAPjobED.

Louisiana Bar Journal December 2020 / January 2021 262 Vol. 68, No. 4 www.lsba.org LOUISIANA CHAPTER

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Mimi Methvin Elizabeth Middleton Bruce Shreves Lynne Stern (337) 501-1055 (318) 487-9406 (504) 569-2908 (504) 259-4488

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The National Academy of Distinguished Neutrals is an invitation-only professional association of over 1000 litigator-rated Louisiana Bar Journal December 2020 / January 2021 262 Vol. 68, No. 4 www.lsba.org MediatorsLouisiana & Bar Arbitrators Journal throughout December the2020 US / andJanuary a proud 2021 sponsor of263 the AAJ and DRI.Vol. For68, moreNo. 4 info, www.lsba.org please visit www.NADN.org/about Deadline for CLE Compliance for Board-Certified Specialists is Dec. 31, 2020 n accordance with the requirements calendar year basis and all attendance Law specialists and Consumer Bankruptcy of the Louisiana Board of Legal information must be delivered to the Law specialists must satisfy the continu- Specialization (LBLS), as set forth in Committee on Mandatory Continuing ing legal education requirements of the the individual Specialty Standards for Legal Education (MCLE) no later than American Board of Certification. eachI field of legal specialization, board- Jan. 31, 2021. Failure to earn and/or timely Preliminary specialization transcripts certified attorneys in a specific field of law report specialization CLE hours will result were sent in late November to all special- must meet a minimum CLE requirement in a penalty assessment. ists who are delinquent in their specializa- for the calendar year ending Dec. 31, 2020. On Sept. 1, 2020, considering the con- tion CLE hours for 2020. The requirement for each area of specialty tinuing need to take measures to stop the For more information, contact LBLS is: spread of the coronavirus (COVID-19), Specialization Director Mary Ann ► Appellate Practice — 15 hours of the Louisiana Supreme Court increased Wegmann, (504)619-0128, or email mary- approved appellate practice. the limitation on “self-study” credits to [email protected]. ► Estate Planning and Administration a maximum of 18 hours for board-certi- To obtain a copy of your specializa- — 18 hours of approved estate planning fied specialists. In compliance with the tion transcript, go to the LBLS’s web- and administration. Court order, the LBLS Estate Planning site at: www.lsba.org/Specialization/. ► Family Law — 15 hours of ap- and Administration specialists and Tax Specialization transcripts may be accessed proved family law. Law specialists may earn up to 18 hours directly at: www.lsba.org/Specialization/ ► Health Law — 15 hours of approved of approved specialization “self-study” SpecializationTranscripts.aspx. To find health law. credits on or before Dec. 31, 2020. LBLS approved specialization CLE courses, ► Tax Law — 18 hours of approved Appellate Practice specialists, Family Law consult the specialization CLE calendar tax law. specialists and Health Law specialists may at: www.lsba.org/MCLE/MCLECalendar. ► Bankruptcy Law — CLE is regulat- earn up to 15 hours of approved specializa- aspx?L=S. Check off your specialization ed by the American Board of Certification. tion “self-study” credits on or before Dec. and click on “Search Courses” to find ap- CLE credits will be computed on a 31, 2020. LBLS Business Bankruptcy proved specialization CLE. La. Board of Legal Specialization Accepting Requests for Applications he Louisiana Board of Legal the usual matters in the specialty field. Course Calendar at: www.lsba.org/MCLE/ Specialization (LBLS) is ac- Refer to the LBLS standards for the ap- MCLECalendar.aspx?L=S. Check off cepting applications for certifi- plicable specialty for a detailed descrip- your specialization and click “Search cation in five areas — appellate tion of the requirements for application: Courses” to find approved specialization practice,T estate planning and administra- www.lsba.org/documents/Specialization/ CLE. tion, family law, health law and tax law LSBAPlanofLegalspecialization2017. With regard to applications for busi- — from now through March 1, 2021. pdf. ness bankruptcy law and consumer In accordance with the Plan of Legal In addition to the above, applicants bankruptcy law certification, although Specialization, a Louisiana State Bar must meet a minimum CLE requirement the written test(s) is administered by Association member in good standing for the year in which application is made the American Board of Certification, at- who has been engaged in the practice of and the examination is administered: torneys should apply for approval of the law on a full-time basis for a minimum ► Appellate Practice — 15 hours of Louisiana Board of Legal Specialization of five years may apply for certification. appellate practice law. simultaneously with the testing agency in Further requirements are that each year ► Estate Planning and Administration order to avoid delay of board certification a minimum percentage of the attorney’s — 18 hours of estate planning law. by the LBLS. Information concerning the practice must be devoted to the area of ► Family Law — 15 hours of family American Board of Certification will be certification sought, passing a written law. provided with the application form(s). examination to demonstrate sufficient ► Health Law — 15 hours of health Anyone interested in applying for knowledge, skills and proficiency in the law. certification should contact LBLS area for which certification is sought, ► Tax Law — 18 hours of tax law. Specialization Director Mary Ann and five favorable references. Peer re- ► Bankruptcy Law — CLE is Wegmann, email maryann.wegmann@ view shall be used to determine that an regulated by the American Board of lsba.org, or call (504)619-0128. For applicant has achieved recognition as Certification, the testing agency. more information, go to the LBLS web- having a level of competence indicat- Approved specialization CLE courses site: www.lsba.org/specialization/. ing proficient performance handling can be viewed on the LBLS Approved

Louisiana Bar Journal December 2020 / January 2021 264 Vol. 68, No. 4 www.lsba.org TIP Mentor Program: More Mentors Needed! he Louisiana State Bar The mentees must complete the Association (LSBA) Committee louisianalouisiana state statebar program by Dec. 21, 2021. on the Profession’s “Transition association Mentors and mentees will meet four Into Practice” (TIP) mentor bar times over the course of the program to Tprogram is seeking additional mentors. discuss various well-defined and organized The Louisiana Supreme Court issued an topics. These meetings can take place by order which waives the bar exam for recent Transition Zoom or possibly in-person later during law school graduates because of coronavirus the process. There is a handbook available concerns. The order also requires the Into Practice which contains all the information mentors graduates to participate in the TIP mentor/ Mentoring would need to cover the topics required mentee program. The Court’s order makes by the program. Mentors are not required it mandatory for the new lawyers. Program to do any independent preparation other Already numerous mentor and mentee than reviewing the handbook; most pairings have successfully occurred visit lsba.org/mentoring of the information shared will come across the state since the program was from personal experience. Topics such first implemented in 2015. The mentor for more information as civility, professionalism, work/life program not only gives new lawyers balance, careers and career objectives, law a great opportunity to learn practical school debt, conflicts, ethics issues for the experience from seasoned lawyers, but practical knowledge of what they will new lawyer, dealing with the “difficult” it also gives experienced Bar members encounter in the profession. Mentors client, time records, billing, fees, trust a chance to give back and to guide new must be in good standing, have no public accounts and sharing fees and expenses lawyers in the right direction. disciplinary history and must have at are included. Through the program, new lawyers least 10 years of experience. Mentors can To learn more about the program or to admitted into practice will be paired with receive up to 6.0 hours of free CLE credit register as a mentor, go to: www.lsba.org/ mentors (one on one) to assist in learning by volunteering. Mentoring/. Deadlines Approaching for Earning, Reporting CLE Credits he deadlines are quickly ap- Attorneys admitted in 2019 are also able online on Dec. 1. Attorneys may proaching for earning and required to earn a total of 12.5 hours but mail or email the exemption form to reporting continuing legal must have 8 hours of ethics, profession- the MCLE Department, and it is recom- education credits for the year. alism or law office management credits mended that attorneys keep a copy of any PreliminaryT transcripts were mailed to included within that total. Hours earned documentation related to that exemption the membership in early December. in the calendar years 2019 and 2020 are on file. Attorneys who were impacted by Remember that all hours must be counted together for this initial compli- this past year’s severe weather events earned by Dec. 31, 2020, and must be ance period. will again have the option to claim a di- reported no later than Jan. 31, 2021, or In-house counsel admitted to practice saster exemption. Exemption forms must late penalties will apply. under LASC 12, Section 14, must earn be reported by Jan. 31, 2021. The annual requirement for attorneys 12.5 hours annually, including 1 hour of Information regarding attorney re- is 12.5 hours, including 1 hour of eth- ethics and 1 hour of professionalism, and quirements and pre-approved courses ics and 1 hour of professionalism credit. must follow the same reporting require- can be found on the website at: www. Because of the COVID-19 pandemic, the ments as all other attorneys. They do not lsba.org/MCLE. Click “MCLE” on the Louisiana Supreme Court has lifted the qualify for the MCLE exemption. header for information on the calendar, limitation on self-study credits from 4 to The form for attorneys who do qualify rules, forms and transcript information. 12.5 hours annually (for 2020 only). for an MCLE exemption will be avail-

Louisiana Bar Journal December 2020 / January 2021 264 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 265 Vol. 68, No. 4 www.lsba.org LAWYERSGive Back By Jack K. Whitehead, Jr. GODFREY, ADAMS AND 100 BLACK MEN

he organization 100 Black Men the group at the time. Woods, offers a cogent analysis of the long- of America began in 1963 in I was surrounded by term effects on race relations due to the agri- New York City amid the civil giants in business, cultural economy along the Mississippi Delta unrest facing the country. The law, education and from Memphis to New Orleans. In some Tfounders included Jackie Robinson, former politics. We all had form or fashion, this legacy exists today. NYC Mayor David Dinkins and leading the same vision, to When members of the Bar read this ar- African-American businessmen. The 100 make Baton Rouge a ticle, 100 Black Men of Baton Rouge will mission is grounded on four pillars — 1) better place for all of be in the trenches mentoring nearly 100 mentoring; 2) education; 3) economic em- its young people. We Baton Rouge young men ranging in age powerment; and 4) health and wellbeing. knew if we were to be Michael R.D. Adams from 12 to 18 in the areas of the organiza- The Baton Rouge Chapter was founded successful, we had to tion’s four pillars. by the late Brace B. Godfrey, Jr. in 1993 start with young black men.” One of the most successful areas for amid the rash of violence in the Baton Adams further shared there are some The 100 is its ACT Prep Academy, a 17- Rouge community. In late 1992, Godfrey scholarly books that members of the Bar year partnership between Louisiana State and his son were among the crowd follow- can read to help grasp the undercurrent of University, Southern University and The ing an Istrouma High School football game the history of African-American race rela- 100. Historically, students who have taken when gunfire erupted. Godfrey’s son, and tions in our society today. this course have averaged at least a 2-point current Chapter Executive Director Brace In 1948, the late Judge A. Leon increase in their ACT exam scores. Last B. (Trey) Godfrey III, recounts that people Higginbotham, Jr. was a student at Purdue year, a high school senior spent $100 for the were running and screaming hysterically University where he and a group of class that raised his ACT from 25 to 30. This in fear of their lives. Trey ducked into African-American students were forced student’s life trajectory changed remarkably his father’s car and watched as the elder to live in an unheated attic. When they as one of the members of the Baton Rouge Godfrey stood in the middle of the side- complained to the university president, Chapter worked tirelessly with this young walk, arms crossed, with a stern look that the response was “Mr. Higginbotham, man’s parents and found him a full four- would rival the scowl of General George you can either accept it or resign.” Judge year scholarship at Tulane University. S. Patton, observing the mayhem. Higginbotham’s two books, In the Matter “One Hand Up at a Time, One Step at a This night was the genesis of 100 Black of Color: Race and the American Legal Time, One Person at a Time,” shared Chair Men of Metro Baton Rouge, today consid- Process and Shades of Freedom: Racial Michael Adams. ered one of the top 100 Black Men organi- Politics and Presumptions of the American With lawyers such as the late Brace B. zations in the United States. Baton Rouge Legal Process, chronicle the status of laws Godfrey, Jr. and Michael R.D. Adams, our is considered on the same level as the New dealing with slavery and indentured servi- profession has true examples of attorneys York City and Los Angeles chapters. The tude from 1620 forward. who unselfishly make a difference with a parent organization, 100 Black Men of Williams College Professor Charles B. vision of a better tomorrow. America, recognized the Baton Rouge 100 Dew offers his own account of growing as the 2019 Chapter of the Year. up in the South in The Making of a Racist: Jack K. Whitehead, Jr. The mission continues into its 27th A Southerner Reflects on Family, History is the senior managing partner of the Whitehead year under the helm of Chair Michael R.D. and The Slave Trade, where he concludes Law Firm in Baton Rouge Adams, partner at the Baton Rouge law firm “racism is taught.” Professor Dew’s sec- and a member of the DeCuir, Clark & Adams, L.L.P. Adams’ law ond book, Apostles of Disunion: Southern Louisiana Bar Journal’s practice takes him across Louisiana repre- Secession Commissioners and the Causes Editorial Board. His frus- tration over the state of senting higher education institutions as well of the Civil War, debunks the myth of states race relations in Louisiana as select high-profile litigation matters. rights as a cause of the Civil War and square- compelled him to join the In a recent discussion with this writer, ly shows it was the economics of slavery as 100 Black Men of Metro Adams recounted, “I remember the early days a labor force in the agricultural economy. Baton Rouge. He is proud to be one of two white members. He quietly stays in of the 100 . . . We were committed to leave A fifth book, Development Arrested: the background helping make a difference with the our egos at the door and roll up our sleeves The Blues and Plantation Power in the mentees. ([email protected]; Ste. W-3, and go to work. I was the youngest man in Mississippi Delta by the late Professor Clyde 11909 Bricksome Ave., Baton Rouge, LA 70816)

Louisiana Bar Journal December 2020 / January 2021 266 Vol. 68, No. 4 www.lsba.org By Get Year Your Cases Closed End

Louisiana - Mississippi - Nationwide

800.443.7351 [email protected] www.maps-adr.com Louisiana Bar Journal December 2020 / January 2021 266 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 267 Vol. 68, No. 4 www.lsba.org PRACTICEManagement By Ashley M. Flick NEW AGE LAWYERING & BACK TO BASICS

ue to the recent pandemic, form your conflicts check after your writing. Swearing contests are hard to the landscape of the prac- initial consultation because you have win in court. Remember to return cli- tice of law has changed. a continuing duty with respect to con- ent calls in a timely manner, i.e., 24-48 Some attorneys have ex- fidentiality and conflicts of interest to hours. If that is not reasonable, return Dperienced virtual court and conducted former and current clients. If you run calls and emails within the week or depositions via Zoom, and many are into a conflict of interest, refer to Rule have an assistant reach out and sched- working at least part-time from home. 1.7 and 1.8 of the Rules of Professional ule a time that works best for you and Although there may be a new normal, Conduct for guidance. You may be your client. we cannot forget about the basics of the able to waive some conflicts by secur- Calendaring. Remember to calen- practice of law. We still need to be dili- ing signed waivers from all affected dar and back up your calendars. The gent in calendaring, interviewing po- parties, but some conflicts may not be best practice is to have a dual calen- tential clients, conflict checking, com- waivable. If you can’t waive a conflict, daring system. This means utilizing municating with clients, and utilizing you should send a declination letter to two calendaring types so, if one cal- engagement/non-engagement letters. the potential client advising that you endar goes missing or is unavailable, This article offers a quick refresher on will not be taking the case. you have a backup to ensure deadlines basic lawyering practices. Engagement Letters. If you de- aren’t missed. Backup calendar sys- Client Consultation. It is impor- cide to accept an engagement, provide tems could be as simple as a hard-copy tant to interview all potential clients to the client with an engagement letter. calendar, which you copy periodically determine the suitability. Take care to Use engagement letters for all cases, to an electronic calendar. Make sure identify potential bad or high-risk cli- not just cases where an engagement you are adding deadlines for items that ents. Choosing not to represent those letter is required. Engagement letters do not necessarily have a firm deadline, clients will reduce your risk of a mal- establish a clear understanding of ser- such as drafting a status letter to your practice claim or unjustified disciplin- vices you will perform for the client, client every month. Also, add deadlines ary complaints. High-risk clients gen- minimize fee and scope of services dis- 15 and 30 days ahead so you stay on erally include family and close friends; putes, and manage your client’s expec- top of prescription dates and other im- people who are financially unstable; tations. You will want to review your portant time limits. people with questionable integrity (if engagement letter with the client to en- If you would like any additional they aren’t truthful with you up front, sure he/she understands the specifics. information on these topics, email there is a good chance they won’t be Periodically review your engagement [email protected]. truthful as the case progresses); or letter and make necessary updates as people who are hard to reach, have un- needed. Remember, do not work on the Ashley M. Flick is pro- realistic expectations, have hired and client’s file until the engagement letter fessional liability loss prevention counsel for fired a string of lawyers in a single le- is signed by the client. the Louisiana State Bar gal matter, have sued other lawyers, or Communicate with Clients. Lack Association and is em- who refuse to listen to your advice and of communication is the easiest way ployed by Gilsbar, L.L.C. act contrary to what you advise them for an attorney to get into trouble with in Covington. She received her BA degree to do. a client. Clients want to feel like they in political science in Conflict Checking. After your ini- matter and are important, so make it a 2005 from Southeastern tial consultation, remember to perform point to communicate with your client Louisiana University and your conflicts check. Don’t take any regularly even if nothing is happening her JD degree in 2010 from Loyola University College of Law. As loss confidential information from a po- with the case. It is also good practice prevention counsel, she lectures on ethics as part tential client until you have performed to follow up phone calls regarding sub- of Mandatory Continuing Legal Education re- your conflicts check and determined stantive topics in writing. Settlement quirements for attorneys licensed to practice law that there is no conflict or have re- discussions, case strategies and dead- in Louisiana. Email her at [email protected]. solved any conflicts. You want to per- lines should all be communicated in

Louisiana Bar Journal December 2020 / January 2021 268 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 268 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 269 Vol. 68, No. 4 www.lsba.org LAWYERSAssistance By Jennifer Gros MISCONCEPTIONS ABOUT JLAP’S SERVICES

he Judges and Lawyers and support. You do not have to give a participate in JLAP’s efforts and only Assistance Program (JLAP) name or identify yourself and can re- they can waive their confidentiality. is a 501(c)(3) non-profit cor- main anonymous if you so desire. poration intended to provide What is JLAP monitoring and why is Tconfidential, life-saving assistance to What happens when I call JLAP for it necessary in some cases? the profession and their family mem- help for myself or someone else? The purpose of JLAP monitoring is bers. JLAP understands that competi- JLAP receives direct, confidential to establish a record of accountability tion, long hours, perfectionism and high calls from judges, lawyers and law stu- and oversight of an individual’s recov- stress can wear down even the most dents who are in distress and seeking ery. Monitoring programs have been competent individuals. This often leads help. Calls are also received from family identified as therapeutically critical to to quality of life issues including de- members, peers, law partners and judges one’s recovery. Even if a person has no pression, anxiety, alcohol/drug use, ad- who may have become concerned about external need to prove his/her recovery, diction and compassion fatigue, to name a person’s mental health wellness and JLAP monitoring is still recommended a few. Regardless of what the mental ability to practice law. when appropriate to provide the struc- health issue may be, or how early or late When a person reaches out to JLAP tured support that is key to long-term in its development, JLAP offers imme- for the first time, he/she is connected to success following treatment for sub- diate and confidential assistance. a Louisiana licensed professional coun- stance use disorders or mental health The Lawyers Assistance Program selor. A brief interview is conducted, issues that require long-term clinical (LAP) was formed in 1992 and changed and the individual is provided with re- interventions. its name to JLAP in 2015. Originally ferrals that match his/her unique needs. designed with only addiction in mind, Some calls require a more in-depth JLAP’s professional clinical staff can JLAP has grown into a comprehensive view of the individual’s current mental help you. If you are interested in obtain- mental health and wellness program health status and appropriate evalua- ing information on ways to beat burnout, staffed with full-time licensed profes- tion recommendations are made. In both stress, anxiety and depression, or you sional counselors who are able to diag- cases, follow-up is done with the caller feel that you could possibly benefit from nose all disorders of DSM (Diagnostic to ensure the caller is able to access the an evaluation, contact JLAP. Your call and Statistical Manual of Mental resources provided and to provide ongo- is confidential. You do not have to give Disorders). One of JLAP’s primary ing case management. your name. For more information, call goals is to provide confidential assis- JLAP at (985)778-0571; email JLAP@ tance to Louisiana judges and lawyers Will JLAP report my call to the Office louisianajlap.com; or visit the website before any issues they are facing be- of Disciplinary Counsel? at: www.louisianajlap.com. come debilitating or cause an ethical vi- No. JLAP is a separate organization olation. Early intervention is the key to from the Office of Disciplinary Counsel Jennifer Gros, clinical saving lives and careers while also help- (ODC). Any information that JLAP director for the Judges and Lawyers Assistance ing to protect the public from the harm shares with the ODC is only done so with Program, Inc., earned that an impaired professional can cause. the explicit consent of the individual by a BA degree in 2004 way of an executed waiver. Pursuant to from Louisiana State La. R.S. 37:221 and Louisiana Supreme University. She gradu- How can JLAP help me? ated cum laude in 2007 JLAP provides, above all else, a safe Court Rule XIX, Sec. 16(J), all com- with a MS degree in haven to reach out and explore reliable munications with JLAP are both confi- rehabilitation counsel- options for mental health assistance dential and privileged, unless otherwise ing from the University without anyone else ever knowing. It’s waived. of North Texas. She is a master addiction counselor and a licensed pro- free. It’s safe. It’s completely confiden- Regardless of how or why JLAP is fessional counsel in Louisiana. She has been with tial. There are no barriers whatsoever to contacted, all such communications are JLAP since 2014. Email [email protected]. simply picking up the phone and calling strictly confidential. Individuals retain or emailing to access JLAP’s free advice full control of whether they decide to

Louisiana Bar Journal December 2020 / January 2021 270 Vol. 68, No. 4 www.lsba.org FOCUSDiversity ON AWARDS... DIVERSITY SIGNATORIES

Newest Diversity Louisiana State Signatories Spotlighted Bar Association The LSBA’s Committee on Diversity in the Legal Profession would like to acknowl- Awards edge and thank the newest signatories of the LSBA Statement of Diversity Principles. Those signing this Statement of Principles Chief Justice Bernette Joshua Johnson hereby commit themselves to foster diversity in the legal profession. The LSBA recognizes Trailblazer Award that diversity is an inclusive concept that en- Nomination Period: October – February compasses race, color, ethnicity, gender, sex- This award recognizes individual attorneys and judges who champion ual orientation, age, religion, national origin, the ideals set forth by Chief Justice Bernette Joshua Johnson, the first disability and other aspects of diversity. African American chief justice of the Louisiana Supreme Court. To access the Statement online, go to: www.lsba.org/Diversity/DiversityPrinciples. aspx. Forms may be returned to Department of Member Outreach and Diversity, Attn: Tricia R. Guardian of Diversity Award Pierre at [email protected] or by mail to 601 Nomination Period: October – February St. Charles Ave., New Orleans, LA 70130-3404. This award recognizes local and specialty bar associations, courts, 2020-21 New Signatories law firms/departments, community organizations (which includes non- Amanda L. Russell profits and public interest organizations), and educational organizations Big Easy Law Group (which include law schools and schools with a law-related program) Claire Edwards Law Firm that implement and advance diversity programs to promote and support Federal Bar Association, New Orleans Chapter diversity in the legal community. Gordon Rees Scully & Mansukhani, LLP Hon. John M. Guidry Hurley & Cot, APLC For more information and/or to submit a nomination visit: Keith Consulting Group www.lsba.org/Members/Awards.aspx Ochsner Health Pipes Miles Beckman, LLC For questions, please email the Member Outreach Ross E. Mouhot and Diversity Team at [email protected]. Stanley J. Bordelon

Become a to the LSBA Statement of Diversity Principles For more information or to view the statement online, visit www.lsba.org/Diversity/DiversityPrinciples.aspx

Louisiana Bar Journal December 2020 / January 2021 270 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 271 Vol. 68, No. 4 www.lsba.org 2020LAJMembershipAd_COVID_Layout 1 10/19/2020 12:06 PM Page 1

Crossword PUZZLE By Hal Odom, Jr. STATELY CANINES

1 2 3 4 5 6 7 ACROSS DOWN

1 Hunting dog named after 1 “Why, he couldn’t even run a Louisiana parish (9) for dog ___!” (7) 8 9 6 Car for hire; popular red wine (3) 2 Nasal sound (5) 8 Instructor at 18 Across (7) 3 Kind of experience or manager (5-2) 9 One color for 1 Across (5) 4 Remove the dress from (6) 10 Tight embrace (3) 5 Knight in shining ___ (5) 10 11 11 Rescue dog that shares its name 6 In no doubt (7) with a Louisiana parish (2., 7) 7 Kennel club classification (5) 12 Sport watched at tracks (6) 13 Plaything for a teething puppy (4, 3) 12 13 14 15 16 14 Pursues relentlessly (6) 15 Unity, as of opinion or purpose (7) 18 Kind of school for dogs (9) 16 Another name for Shetland 17 20 Sales and ___ tax (3) Sheepdog (7) 21 Pertaining to the eyes or vision (5) 17 Not outside (6) 18 19 20 22 What hogs do (7) 18 “Are You In__?” song from 23 Attempt; judicially determine (3) “Aladdin & The King of Thieves” 24 Kind of terrier named after a (2, 3) former English county (9) 19 Needing to be scratched (5) 21 22 20 Where embryos develop (5)

23 24 Answers on page 301.

SOLACE: Support of Lawyers/Legal Personnel — All Concern Encouraged The Louisiana State Bar Association/Louisiana Bar Foundation’s Community Action Committee supports the SOLACE program. Through the program, the state’s legal community is able to reach out in small, but meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a death or catastrophic illness, sickness or injury, or other catastrophic event. For assistance, contact a coordinator. LAJ exists for one purpose only: to assist Participating in a practice section and Area Coordinator Contact Info Area Coordinator Contact Info experienced and new lawyers so that they list server is like adding a team Alexandria/Sunset Area Richard J. Arsenault (318)487-9874 Monroe Area John C. Roa (318)387-2422 [email protected] (318)452-5700 [email protected] may better serve their clients. From battling for of experienced lawyers to your firm. Baton Rouge Area Ann K. Gregorie (225)214-5563 our clients’ rights in the legislature to providing Natchitoches Area Peyton Cunningham, Jr. Cell (318)332-7294 In today’s world, everybody expects value, [email protected] second-to-none networking opportunities, which is exactly what LAJ brings to your practice. Covington/ Suzanne E. Bayle (504)524-3781 [email protected] LAJ works 24/7 to help members succeed. Mandeville Area [email protected] New Orleans Area Helena N. Henderson (504)525-7453 LAJ’s annual dues for lawyers start at just $95 Denham Springs Area Mary E. Heck Barrios (225)664-9508 Members can expand their knowledge base and monthly payment plans are available. [email protected] [email protected] by reading articles in the association’s monthly Houma/Thibodaux Area Danna Schwab (985)868-1342 To join, contact us at 225-383-5554 or visit River Parishes Area Judge Jude G. Gravois (225)265-3923 magazine, joining a wide range of practice [email protected] www.lafj.org. Jefferson ParishArea Pat M. Franz (504)455-1986 [email protected] (225)265-9828 sections and participating on those list servers, [email protected] Cell (225)270-7705 and attending LAJ’s outstanding CLE programs Lafayette Area Pam Landaiche (337)237-4700 at a discounted rate. Events like LAJ’s always Shreveport Area Dana M. Southern (318)222-3643 [email protected] popular Annual Convention and Fall Conference Lake Charles Area Melissa A. St. Mary (337)942-1900 [email protected] provide additional chances to build relationships [email protected] For more information, go to: www.lsba.org/goto/solace. with colleagues. 442 Europe Street, Baton Rouge, Louisiana 70802-6406

Louisiana Bar Journal December 2020 / January 2021 272 Vol. 68, No. 4 www.lsba.org 2020LAJMembershipAd_COVID_Layout 1 10/19/2020 12:06 PM Page 1

LAJ exists for one purpose only: to assist Participating in a practice section and experienced and new lawyers so that they list server is like adding a team may better serve their clients. From battling for of experienced lawyers to your firm. our clients’ rights in the legislature to providing In today’s world, everybody expects value, second-to-none networking opportunities, which is exactly what LAJ brings to your practice. LAJ works 24/7 to help members succeed. LAJ’s annual dues for lawyers start at just $95 Members can expand their knowledge base and monthly payment plans are available. by reading articles in the association’s monthly To join, contact us at 225-383-5554 or visit magazine, joining a wide range of practice www.lafj.org. sections and participating on those list servers, and attending LAJ’s outstanding CLE programs at a discounted rate. Events like LAJ’s always popular Annual Convention and Fall Conference provide additional chances to build relationships with colleagues. 442 Europe Street, Baton Rouge, Louisiana 70802-6406

Louisiana Bar Journal December 2020 / January 2021 272 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 273 Vol. 68, No. 4 www.lsba.org DISCIPLINE Reports REPORTING DATES 10/1/20 & 10/5/20

REPORT BY DISCIPLINARY COUNSEL Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date Oct. 1, 2020. Decisions Lynden James Burton, New Iberia, to return unearned fee; conflict of interest (2020-OB-00755) Reinstated to the concerning current client; conflict of in- Justin Edward Alsterberg, New practice of law, subject to a two-year terest concerning former client; improper Orleans, (2020-B-0801) Consented to a period of probation, by order of the withdrawal and failing to return file; en- six-month suspension, fully deferred, Louisiana Supreme Court on Sept. 8, 2020. gaging in conduct involving dishonesty, subject to a two-year period of proba- JUDGMENT FINAL and EFFECTIVE fraud, deceit or misrepresentation; conduct tion, ordered by the Louisiana Supreme on Sept. 8, 2020. prejudicial to the administration of justice; Court on Sept. 8, 2020. JUDGMENT Samuel C. D’Aquilla, Jackson, and violating the Rules of Professional FINAL and EFFECTIVE on Sept. 8, (2020-B-0942) Consented to a pub- Conduct. 2020. Gist: Respondent mishandled his lic reprimand by order of the Louisiana William C. Gore, Baton Rouge, client trust account and failed to super- Supreme Court. JUDGMENT FINAL (2020-B-01023) Interimly suspended vise a non-lawyer employee. and EFFECTIVE on Sept. 29, 2020. Gist: from the practice of law by order of the Samuel Robert Aucoin, Patterson, Respondent engaged in conduct constitut- Louisiana Supreme Court on Sept. 8, 2020. (2020-B-0979) Interimly suspended by ing a conflict of interest and made a false JUDGMENT FINAL and EFFECTIVE order of the Louisiana Supreme Court on statement of material fact to the ODC. on Sept. 8, 2020. Gist: Gore may not prac- Aug. 10, 2020. JUDGMENT FINAL and Brian Anthony Dragon, Slidell, tice law in Louisiana until further orders of EFFECTIVE on Aug. 10, 2020. (2020-B-00519) By consent, suspended the Court. Wesley Tyron Bishop, New Orleans, for three years retroactive to 10/8/18, the Sanda B. Groome, New Orleans, (2020-B-0962) Consented to being date of his interim suspension, subject (2020-B-00737) By consent, suspended transferred to interim suspension status to conditions, ordered by the Louisiana from the practice of law for one year and ordered by the Louisiana Supreme Court Supreme Court on June 12, 2020. one day, fully deferred, subject to pro- on July 31, 2020. JUDGMENT FINAL JUDGMENT FINAL and EFFECTIVE bation, by order of the Louisiana Supreme and EFFECTIVE on July 31, 2020. on June 12, 2020. Gist: Failing to act with Court on Sept. 29, 2020. JUDGMENT Francis C. Broussard, formerly of reasonable diligence and promptness in FINAL and EFFECTIVE on Sept. 29, West Monroe, (2020-B-00366) The representing a client; failing to commu- 2020. Gist: Respondent was arrested for minimum period within which he may nicate with client and complying with a driving under the influence of alcohol. seek readmission from his disbar- reasonable request for information; failing Continued next page ment in In re: Broussard, 16-1441 (La. 1/25/17), 219 So.3d 290, be extended for a period of one year and one day, ordered by the Louisiana Supreme Court Christovich & Kearney, llp on June 22, 2020. JUDGMENT FINAL attorneys at law and EFFECTIVE on July 6, 2020. Gist: Failing to timely update change of ad- Defense of Ethics Complaints and Charges dress to the Bar; failing to act with reasonable diligence and promptness in E. Phelps Gay Kevin R. Tully representing a client; failing to communicate with client; failing to cooperate H. Carter Marshall in a disciplinary investigation; failing to safekeep property of client; engaging in (504)561-5700 conduct involving dishonesty, fraud, de- 601 Poydras Street, Suite 2300 ceit or misrepresentation; and violating New Orleans, LA 70130 the Rules of Professional Conduct.

Louisiana Bar Journal December 2020 / January 2021 274 Vol. 68, No. 4 www.lsba.org John Hoychick, Jr., Rayville, J. Renee Martin, Baton Rouge, on Aug. 5, 2020. Gist: Respondent was (2020-B-0532) By consent, publicly (2020-B-0119) Permanently dis- arrested for driving under the influence reprimanded, subject to conditions, barred from the practice of law by of alcohol. ordered by the Louisiana Supreme order of the Louisiana Supreme Court Cynthia Ann Sternberg, Houston, Court on June 22, 2020. JUDGMENT on March 16, 2020. ORDER FINAL TX, (2020-OB-00751) Transferred to FINAL and EFFECTIVE on June 22, and EFFECTIVE on July 6, 2020. Gist: active status by order of the Louisiana 2020. Gist: Respondent violated Rule Conduct involving knowingly and in- Supreme Court on Sept. 8, 2020. 1.15(a) of the ROPC by failing to timely tentionally violating duties owed to her ORDER FINAL and EFFECTIVE on remit funds from the client trust account clients, the public, the legal system and Sept. 8, 2020. to respective parties. Said violation re- the legal profession, causing significant sulted in inadvertent commingling of harm to her clients. Admonitions (private sanctions, of- earned legal fees with client funds. Donna Orjuela, New Orleans, ten with notice to complainants, etc.) is- Joseph Aiavolasiti Kott, (2020-OB-1033) Transferred to dis- sued since the last report of misconduct Mandeville, Transferred to active sta- ability/inactive status by order of involving: tus by order of the Louisiana Supreme the Louisiana Supreme Court on Aug. Court, FINAL and EFFECTIVE on July 27, 2020. JUDGMENT FINAL and Rule 4.2 — Communication with 2, 2020 (2020-OB-0648); placed on in- EFFECTIVE on Aug. 27, 2020. Ms. persons represented by counsel. terim suspension status by order of the Orjuela may not practice law until fur- Louisiana Supreme Court, FINAL and ther orders from the Court. Rule 8.4(a) — It is professional EFFECTIVE on July 2, 2020 (2020-B- John J. Radziewicz, New Orleans, misconduct for a lawyer to: (a) vio- 0752); and permanently resigned from (2020-B-0641) By consent, suspended late or attempt to violate the Rules of the practice of law in lieu of discipline from the practice of law for one year Professional Conduct, knowingly as- by order of the Louisiana Supreme and one day, fully deferred, subject sist or induce another to do so, or do so Court, FINAL and EFFECTIVE on to probation, by order of the Louisiana through the acts of another. Sept. 23, 2020 (2020-OB-0918). Gist: Supreme Court on Aug. 5, 2020. Criminal misconduct. JUDGMENT FINAL and EFFECTIVE Continued next page

Advice and Counsel Concerning Legal C Judicial Ethics Defense of Lawyer C Judicial Discipline Matters Representation in Bar Admissions Proceedings pÅÜáÑÑI pÅÜÉÅâã~å C tÜáíÉ ääé www.sswethicslaw.com

Leslie J. Schiff Steven Scheckman Julie Brown White Damon S.Manning Over30 Years Experience Former Special Counsel Former Prosecutor, Former Investigator, Prosecutor Disciplinary Defense Counsel Judiciary Commission ('94-'08) Disciplinary Counsel ('98-'06) Disciplinary Counsel ('98-'14) 117 W. LandryStreet 650 Poydras Street, Suite 2760 11715 Bricksome Ave, Suite B-5 201 NWRailroad Ave, Suite 302 Opelousas, Louisiana 70570 NewOrleans, Louisiana 70130 Baton Rouge, Louisiana 70816 Hammond, Louisiana 70401 Phone (337) 942-9771 Phone (504) 309-7888 Phone (225) 293-4774 Phone (985) 602-9201 Fax(337) 942-2821 Fax(504) 518-4831 Fax(225) 292-6579 Fax(985) 393-1130 [email protected] [email protected] [email protected] [email protected]

Louisiana Bar Journal December 2020 / January 2021 274 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 275 Vol. 68, No. 4 www.lsba.org DISCIPLINARY REPORT: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA The following is a verbatim report of the matters acted upon by the United States District Court for the Eastern District of Louisiana, pursuant to its Disciplinary Rules. This information is published at the request of that court, which is solely responsible for the accuracy of its content. This report is as of Oct. 5, 2020. Respondent Disposition Date Filed Docket No. Michael Doherty Breeden III Disbarred. 9/4/20 19-14652 Matthew B. Collins [Reciprocal] Suspension. 8/26/20 20-1807 P. David Carollo [Reciprocal] Suspension (fully deferred). 8/26/20 20-1805 Susan Heard Crawford [Reciprocal] Suspension. 9/16/20 20-2088 Charles L. Dirks III [Reciprocal] Suspension. 9/16/20 20-2087 Tara F. Gilder [Reciprocal] Suspension (partially deferred). 8/26/20 20-1802 Darrell K. Hickman [Reciprocal] Suspension (partially deferred). 9/16/20 20-2081 Ella D. Kliebert [Reciprocal] Suspension (fully deferred). 8/28/20 20-2010 Tedrick K. Knightshead [Reciprocal] Suspension (fully deferred). 8/26/20 20-1809 Stephen Michael Smith [Reciprocal] Suspension (partially deferred). 9/16/20 20-2085 Alex Washington, Jr. [Reciprocal] Suspension (fully deferred). 9/16/20 20-2084 Tyrone F. Watkins [Reciprocal] Suspension. 8/26/20 20-1806 Keith T. Whiddon [Reciprocal] Public reprimand. 8/28/20 20-1804

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Louisiana Bar Journal December 2020 / January 2021 276 Vol. 68, No. 4 www.lsba.org MEDIATION AND ARBITRATION of COMPLEX DISPUTES

Guy deLaup Larry Feldman W. Ross Foote E. Phelps Gay Thomas Hayes, III

Mike McKay Patrick Ottinger Larry Roedel Marta-Ann Schnabel

Michael A. Patterson is a partner with Long Law Firm in Baton Rouge, LA. He is the managing member of PRG. He has been mediating and arbitrating cases for over 25 years with a concentration on construction, business and employment cases. He is a member of the Construction and Employment panels of the American Arbitration Association. He received his BA and JD from Louisiana State University and his LLM in Dispute Resolution from Pepperdine University. He is on the adjunct faculty of the Louisiana State University Law School where he teaches a skills course on trial advocacy and evidence. He was an American Arbitration Association mediator for over 350 Hurricane Katrina homeowners cases, acted as settlement counsel for the City of Baton Rouge in resolving a number of judgments against the City and served as Discovery Special Master involving the construction of the University Medical Center in New Orleans.

BATON ROUGE | NEW ORLEANS | LAFAYETTE | SHREVEPORT | MONROE : 866.367.8620 : [email protected] : pattersonresolution.com Louisiana Bar Journal December 2020 / January 2021 276 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 277 Vol. 68, No. 4 www.lsba.org RECENTDevelopments CIVIL LAW TO TAXATION

on July 31, 2018. include the “Discovery Rule,” whereby In February 2019, the trial court prescription does not run against a plain- Civil Law granted summary judgment in favor of tiff who did not know and could not rea- and the three original defendants, dismissing sonably have known of a cause of action. Litigation them from the suit. The only remaining The court added, however, that this relief defendants were Mohawk and Versailles, does not extend to a plaintiff whose ig- the later-added defendants. norance is due to her own willfulness or Mohawk and Versailles both filed neglect. To this end, a plaintiff is deemed Timing of Discovery exceptions of prescription asserting that to know what could have been learned by Desi’s claims against them had prescribed reasonable diligence. Impacts Contra Non before they were added as defendants, For her claim to fall under contra non Valentem and the fact that the original defendants valentem, Desi therefore had to (1) allege had been dismissed prevented Desi from sufficient facts to show that her claims Desi v. Thomas Jefferson Constr. Corp., claiming interruption of prescription due against Mohawk and Versailles were 19-0502 (La. App. 5 Cir. 10/5/20), ____ to timely filing against solidary obligors. neither known nor reasonably knowable So.3d ____, 2020 WL 5885334. Desi argued that although Mohawk until the 2018 deposition; and (2) dem- On March 14, 2017, Cher Desi filed and Versailles were added more than one onstrate reasonable and diligent efforts to suit in the 24th Judicial District Court for year after the alleged tort, prescription obtain discovery up to that point. Jefferson Parish for injuries allegedly sus- was actually suspended as to them due to A review of the record indicated that tained in a slip-and-fall onto tile outside contra non valentem, because she could Desi waited 15 months after filing suit a Best Western hotel on March 18, 2016. not reasonably have known their identi- — a period longer than the prescriptive Desi originally named Best Western, the ties until the June 2018 deposition. period — to conduct discovery as to the construction company that built the hotel, The trial court granted the exceptions identities of the tile manufacturer/installer and the hotel owner as defendants. of prescription, giving rise to plaintiff’s during the June 2018 deposition. While On June 25, 2018, more than one appeal. The 5th Circuit Court of Appeal — the court declined to expound upon what year after filing suit and more than two Judges Windhorst, Gravois and Liljeberg would constitute reasonable diligent dis- years after falling, Desi learned from a presiding — affirmed the trial court’s -or covery conduct, it unequivocally held that C.C.P. art. 1442 deposition that Mohawk der granting the exception of prescription Desi’s conduct did not meet that standard Industries, Inc. manufactured the floor and dismissing plaintiff’s claims. and, therefore, did not deserve the protec- tile in question, and Versailles Interiors, In an opinion penned by Judge tion of contra non valentem. Inc. had installed it. Desi amended her Windhorst, the panel acknowledged that The 5th Circuit’s decision in Desi petition to add both parties as defendants the doctrine of contra non valentem does serves as a reminder for attorneys to practice (pro)active case management, particularly in discovery.

—Lawrence J. Centola Member, LSBA Civil Law and Litigation Section Martzell, Bickford & Centola 338 Lafayette St. New Orleans, LA 70130 and Ashton M. Robinson Beevers & Beevers, L.L.P. 210 Huey P. Long Ave. Gretna, LA 70053

Louisiana Bar Journal December 2020 / January 2021 278 Vol. 68, No. 4 www.lsba.org before the bankruptcy court was whether reasoning in Ogea, while both the LLC corporate-veil-piercing doctrines are and corporate statutes establish the general equally applicable to limited-liability com- rule that a company’s owners are shielded Corporate and panies to hold their owners liable for com- from personal liability, Louisiana courts Business Law pany debts. Since the Louisiana Supreme may pierce the veil when the business Court had not squarely addressed this owners or members of an LLC engage in question, the bankruptcy court was tasked fraudulent activity or wrongful acts. to make an “Erie guess” to determine what The bankruptcy court, therefore, pre- There Are Limits to the Louisiana Supreme Court would do if dicted that veil-piercing doctrines under faced with this issue. To predict how the corporation law are applicable to LLCs Limited Liability of LLC state’s highest court would rule, the bank- and their members. As such, the court de- Members ruptcy court reviewed La. R.S. 12:1320 nied Areno’s motion for summary judg- and looked primarily at the decisions of ment. In Re Areno, 615 B.R. 449 (2020). the Louisiana Supreme Court in Ogea Redguard, LLC is a company that man- v. Merritt, 13-1085 (La. 12/10/13), 130 Korrapati v. Augustino Bros. Constr., ufactures blast-resistant buildings for sale So.3d 888, and Nunez v. Pinnacle Homes, LLC, 19-0426 (La. App. 5 Cir. 7/31/20), or lease to individual users. Micah Keith L.L.C., 15-0087 (La. 10/14/15), 180 So.3d ____ So.3d ____, 2020 WL 4381850. Areno became an independent dealer of 285. In 2017, a homeowner, Kanaka Redguard by forming and becoming the In Ogea, the Louisiana Supreme Court Korrapati, hired Augustino Brothers sole member of Industrial Safety Modules, found that while La. R.S.12:1320 (B) es- Construction, LLC to work on her home LLC (ISM). In 2016, ISM ceased do- tablishes a presumption that members of for her daughter’s wedding. Korrapati ne- ing business while owing Redguard an LLC are not personally responsible gotiated the contract with the sole member $351,257.25 for unpaid rentals. In 2018, for liabilities of an LLC, 12:1320(D) proof Augustino, Christopher Perdomo. The Areno filed for bankruptcy under Chapter vides the three exceptions the general rule parties agreed to a project of three months, 7. is subjected to: (1) fraud, (2) breach of with Augustino acquiring a permit for the Redguard filed an adversary proceed- professional duty and (3) other negligent work. ing seeking a determination that the debt or wrongful act. The Louisiana Supreme In January 2018, Korrapati cancelled owed to it by ISM was nondischargable Court in Nunez clarified and restated the the construction contract after paying as to Areno, who allegedly disregarded Ogea analysis, holding that limited liabili- $79,050 under the contract. Shortly there- the separate corporate existence of ISM ty of an LLC member shall be construed as after, Jefferson Parish posted a notice of to fund his personal lifestyle and financial the general rule and that personal liability violation at the worksite because there was needs. Redguard argued that traditional as an exception strictly framed by the law. no permit for the project despite Perdomo’s veil-piercing doctrines apply to LLCs The bankruptcy court noted that, follow- assurance that he obtained a permit. In late and established Areno’s liability for the ing the Ogea and Nunez rulings, Louisiana January 2018, Korrapati filed suit in 24th debt. Areno then filed a motion for sum- courts of appeal have continued to apply Judicial District Court of Jefferson Parish mary judgment arguing that corporate veil veil-piercing doctrines to LLCs. against Augustino and Perdomo, seeking piercing is inapplicable to LLCs. The issue Under the Louisiana Supreme Court’s to recover the amount paid, the costs of

Ronald E. Corkern, Jr. Brian E. Crawford Steven D. Crews Herschel E. Richard Joseph Payne Williams J. Chris Guillet

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Louisiana Bar Journal December 2020 / January 2021 278 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 279 Vol. 68, No. 4 www.lsba.org removing improperly constructed work emit. of air-quality permits to a natural-gas and other damages to be proven at trial. Under the Clean Air Act, the EPA is company, Rio Grande LNG. While suing In her petition, Korrapati alleged, among required to set emissions standards for the Texas Commission on Environmental other things, that because Perdomo inten- every recognized hazardous pollutant that Quality (TCEQ) in state court for its failure tionally and purposely misrepresented that a regulated source category is known to to grant a hearing on the contested permit, he acquired a permit, he was liable for her emit. The problem here arose because, in the petitioners also sued simultaneously damages. 2001, when setting pulp-mill combustion- in federal court, arguing that the TCEQ Typically, no member, manager, em- sources standards, the EPA addressed some erred in granting air-quality permits to Rio ployee or agent of a limited-liability but not all of the hazardous air pollutants Grande LNG and that petitioners were company is liable in such capacity for a they are known to emit. The Clean Air Act “affected persons” entitled to request a debt, obligation or liability of the limited- also requires review and revision of these contested-case hearing under Texas law. liability company. However, a member’s standards every eight years. While it took Given the unusual posture of this case — protection against personal liability is not the EPA 16 years to belatedly revisit the a petition seeking direct review of a state unlimited. La. R.S. 12:1320(D) provides a pulp-mill standards, in 2017, it reviewed agency’s decision in the 5th Circuit — the cause of action against a member of a lim- only the pollutants it had already set 5th Circuit asked petitioners to submit a ited-liability company due to any breach of standards for in the 2001 rule. letter brief explaining what source of law a professional duty, including fraud among LEAN sued, arguing that several provided them with a cause of action. other wrongful acts. At trial, Perdomo tes- members lived near pulp mills in However, despite this request, the 5th tified that he did not have a permit. Instead Louisiana and were injured by exposure Circuit then went on to determine that of providing Korrapati with a permit, to unregulated emissions. The EPA argued “[w]e need not decide whether Petitioners Perdomo told her that he “paid for a per- that it was not required; under section have a cause of action because they mit” and “sent Ms. Korrapati the applica- 112(d)(6), it only has to review and revise do not have standing.” Shrimpers and tion for the permit when she asked for a existing air pollutant emissions limits, not Fishermen of RGV v. Texas Commission copy of the permit.” The trial court found, add new limits to previously unlimited on Environmental Quality, 968 F.3d 419, and the court of appeal affirmed, that this pollutants. Paper mill companies also 423 (5 Cir. 2020). was an intentional misrepresentation of intervened in the suit to argue that any The 5th Circuit recited the various fact made with the intent to deceive for challenges to the failure of the EPA to tests for standing in citizens suits and personal gain. Thus, Perdomo, the sole regulate every emission type should have associational standing: member of the LLC, was held individually been brought in 2001 when the rule was liable for damages due to his misrepresen- originally promulgated. The familiar elements of standing tations. The D.C. Circuit court disagreed with are (1) an injury in fact, (2) that is both the EPA and the paper mills, holding fairly traceable to the challenged —Alexandra E. Celio that a plain reading of the Clean Air Act conduct of the respondent, and (3) Member, LSBA Corporate and requires emissions standards be set for that is likely to be redressed by a Business Law Section each source category, and the section favorable judicial decision . . . . Simon, Peragine, Smith & Redfearn, L.L.P. 112(d)(6) review requires that all listed Because Petitioners are membership 1100 Poydras St., 30th Flr. hazardous air pollutants emitted by every organizations, they must make the New Orleans, LA 70163 source category be limited: “We read additional showing of associational the statutory text to require EPA during standing. To establish associational its section 112(d)(6) review to establish standing, Petitioners must show any missing limits. Because we conclude that (1) their members would that the test of the statute unambiguously independently have Article III Environmental supports Petitioners’ reading, we resolve standing to sue, (2) the interests Law the case without resort to any deference to they seek to protect are germane EPA under [the Chevron agency deference to their purposes, and (3) neither standard].” Id. at 1096. the claim asserted nor the relief requested requires the participation EPA Must Set Emissions 5th Circuit Continues of individual members. Limits for All Emissions to Deny Associational Id. at 424. The court determined, of Pulp Mills Standing in however, that it needed to “only consider the first prong of both tests: We conclude In Louisiana Environmental Action Citizens Suits Petitioners have not satisfied their burden Network v. EPA, 955 F.3d 1088 (D.C. Cir. to show their members’ injuries in fact.” Id. 2020), a Louisiana environmental group In a suit arising under the Clean Air The petitioners provided evidence that sued the EPA for failing to promulgate Act, two Texas organizations, a group of their members lived, worked or traveled emissions standards for all of the hazardous shrimpers and an environmental group, within a few miles of the facility and air pollutants that pulp mills are known to requested a hearing to contest the issuance

Louisiana Bar Journal December 2020 / January 2021 280 Vol. 68, No. 4 www.lsba.org claimed that “evidence in the record from the trial court failed to partition the entire provides that both spouses must concur in Rio Grande LNG’s and TCEQ’s modeling community. The court of appeal reversed the alienation of community immovables, shows elevated risks of harm from the and remanded for an evidentiary hearing the appellate court found that the contracts facility’s air emissions at distances of more but did not answer the question as to the were relatively null. Nevertheless, because than 14 miles from the facility.” Id. at 425. classification of the insurance funds. Ms. Bryan’s actions indicated that she The court decided this proximity was too renounced her right to concur and also “generalized” to prove that these specific Harp v. Succession of Bryan, 19-0062 confirmed the contracts, the relative nullity members were actually harmed, as this (La. App. 1 Cir. 9/3/20), ____ So.3d ____, was cured. Finally, because the trial court evidence failed to identify what specific 2020 WL 5249135. had found the contracts to be unenforceable, health risks their members expect to suffer Prior to his death, Mr. Bryan purportedly it did not address the plaintiff’s claims for and what risks would increase as a result sold pieces of immovable property to the damages and specific performance, and of the facility being built. Further, the court Harps and two other couples; however, Mr. the appellate court remanded the matter to held the evidence of harm from exposure Bryan’s wife did not sign those acts, which the trial court to address those issues. The to emissions from the facility consisted purported to be lease-purchase agreements. dissent argued that Ms. Bryan’s failure of “mere allegations.” Id. Thus, lacking After his death, the three purchasers sued to sign the agreements as required by standing to attack the proceedings through to enforce their agreements. The trial court La. Civ.C. art. 2347 made them invalid, a federal lawsuit, the petitioners’ case was found the contracts to be invalid. The distinguishing the authority relied on by dismissed. court of appeal reversed, finding, first, the majority. that the contracts did not contain required —Lauren E. Godshall provisions for bond-for-deed contracts. Custody Member, LSBA Environmental Further, the contracts were not in the form Law Section of authentic acts to transfer immovable Bailey v. Bailey, 19-0644 (La. App. 3 Cir. Tulane Environmental Law Clinic property. However, because the defendants 3/11/20), 297 So.3d 58. 6329 Freret St. acknowledged Mr. Bryan’s signature on The trial court did not err in naming New Orleans, LA 70118 the contracts, the appellate court found Ms. Bailey the domiciliary parent. that the contracts were acts under private Although the parties were even on the La. signature. Because Ms. Bryan did not sign Civ.C. art. 134 factors, the court found the contracts, and La. Civ.C. art. 2347 Family Law DORÉ-SIMMONS

Community Property

Sanders v. Sanders, 53,454 (La. App. 2 With a combination of over 85 years of practice litigating, negotiating Cir. 5/20/20), 296 So.3d 1188. and resolving disputes, judicial and non-judicial, Jim and Gracella have The trial court denied Ms. Sanders’ shared experience in personal injury, commercial, insurance defense, reimbursement claims regarding alleged insurance litigation, attorney professional liability, contract litigation, community funds and her alleged labors environmental litigation, medical malpractice, oil and gas legacy used to improve the value of Mr. Sanders’ litigation, and claims and disputes. separate property. The parties’ home, which was his separate property, burned down. The insurance check was paid in both names, and the funds were used to rebuild the home. She argued that they were JAMES P. DORÉ community, since the check was written GRACELLA SIMMONS in both of their names; he argued that, under the principle of real subrogation, the Mediation & Arbitration funds were his separate property. She also alleged that she did work to rebuild the home and was entitled to reimbursement under La. Civ.C. art. 2368. The trial court DRSLOUISIANA.COM Jim Doré • 225.937.4825 • [email protected] did not take any evidence or testimony in Gracella Simmons • 225.937.8061 • [email protected] denying her claims. She also appealed that

Louisiana Bar Journal December 2020 / January 2021 280 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 281 Vol. 68, No. 4 www.lsba.org (1) Mr. Bailey was more likely to make he was only “venting” and did not intend signed by the court. When the father and decisions to hurt or harass Ms. Bailey; (2) to harass her. the custody evaluator appeared on the the court-appointed evaluator opined she apparently scheduled date, the trial court had a slight advantage “primarily because Smitko v. Achee, 20-0576 (La. App. 1 Cir. proceeded without the mother and her of gender” (the child was a girl); and (3) 9/14/20), 2020 WL 5517601. attorney and entered a custody judgment. his employment situation fluctuated and The 1st Circuit granted the grandparent The mother appealed, stating that she included work overseas. The trial court did intervenors’ application for writs, finding had requested under La. C.C.P. art. 1572 not err in averaging Mr. Bailey’s last three that a prior consent judgment could notice of any hearings, and that she had years of income to determine his income not affect the rights of the biological never received any signed order setting the for child support purposes because of the grandparents beyond those required by custody hearing. Moreover, she stated that variations and unknowns related to his law, and that the parents could not use La. several dates had been discussed, but that income, including his work overseas, and Civ.C. art. 132 to give custody to a third there had been no agreement on a specific his failure to produce evidence regarding party to attempt to preclude the biological date, and that she had not waived notice costs and expenses that may have affected grandparents from seeking custody. The and service. The court of appeal found his testimony as to his gross income. matter was remanded to the trial court to that the trial court abused its discretion in Regarding his requests for visitation with conduct a custody trial after discovery and proceeding without a signed pretrial order Ms. Bailey’s son from a previous marriage, court-ordered evaluations. setting the date of the hearing; it vacated the trial court had noted that it had no the judgment and remanded the matter. authority to order such visitation, and Pretrial Procedure the court of appeal found that the matter —David M. Prados was moot, as the child reached the age of Rouzan v. Rouzan, 20-0240 (La. App. 4 Member, LSBA Family Law Section majority after the judgment was issued. Cir. 9/30/20), ____ So.3d ____, 2020 WL Lowe, Stein, Hoffman, Allweiss The trial court did not err in finding Mr. 5819545. & Hauver, L.L.P. Bailey in contempt for numerous posts on Following a status conference, a Ste. 3600, 701 Poydras St. Facebook, which it found to be harassing custody trial date was apparently agreed New Orleans, LA 70139-7735 toward Ms. Bailey, despite his claim that on, but no pretrial order was issued or

2021 Judicial Interest Rate is 3.5%

Pursuant to authority granted by La. R.S. 13:4202(B)(1), as La. R.S. 13:4202(B)(2) provides that the publication of the amended by Acts 2001, No. 841, the Louisiana Commissioner commissioner’s determination in the Louisiana Register “shall of Financial Institutions has determined that the judicial rate of not be considered rulemaking within the intendment of the interest for calendar year 2021 will be three and one-half (3.5%) Administrative Procedure Act, R.S. 49:950 et seq., and par- percent per annum. ticularly R.S. 49:953.” Therefore, (1) a fiscal impact statement, La. R.S. 13:4202(B), as amended by Acts 2001, No. 841, and (2) a family impact statement, (3) a poverty impact statement, Acts 2012, No. 825, requires the Louisiana Commissioner of (4) a small business statement, (5) a provider impact statement, Financial Institutions to determine the judicial interest rate for and (6) a notice of intent are not required to be filed with the the calendar year following the calculation date. The commis- Louisiana Register. sioner has determined the judicial interest rate for the calendar — John P. Ducrest, CPA year 2021 in accordance with La. R.S. 13:4202(B)(1). Commissioner of Financial Institutions The commissioner ascertained that on Oct. 1, 2020, the first Date: October 15, 2020 business day of the month of October, the approved discount rate of the Federal Reserve Board of Governors was zero and one-quarter (0.25%) percent. Judicial Interest Rate Calculator Online! La. R.S. 13:4202(B)(1) mandates that on and after Jan. 1, 2021, the judicial interest rate shall be three and one-quarter per- Need to calculate judicial interest? Check out centage points above the Federal Reserve Board of Governors- the Judicial Interest Rate Calculator (courtesy approved discount rate on the first business day of October of Alexandria attorney Charles D. Elliott) on the 2020. Thus, the effective judicial interest rate for the calendar Louisiana State Bar Association’s website. Go to: year 2021 shall be three and one-half (3.5%) percent per annum. www.lsba.org/Members/JudicialInterestRate.aspx.

Louisiana Bar Journal December 2020 / January 2021 282 Vol. 68, No. 4 www.lsba.org ®

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Louisiana Bar Journal December 2020 / January 2021 282 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 283 Vol. 68, No. 4 www.lsba.org prescriptive period under Civ.C. art. 3499. the release referred to “all contracts [and] The district court dismissed the case based agreements . . . pertaining to the assigned on prescription, but the U.S. 5th Circuit re- interest.” Mineral versed. The 5th Circuit noted that Civ.C. The court concluded that the release Law art. 2989 requires mandataries (agents) probably applied to any article 2315 to perform their mandate (agency) “with tort claims for negligence relating to prudence and diligence.” Further, Civ.C. ConocoPhillips’ activities under its con- art. 1994 imposes liability on persons for tracts. However, the court denied the mo- Plaintiffs Alleging “defective performance” of contractual tion to dismiss after determining that the Negligence by Land obligations. Accordingly, explained the 5th plaintiffs had alleged facts sufficient to Circuit, if parties to a contract allege that state a claim that ConocoPhillips had com- Manager They Hired Can they were damaged by a counterparty’s mitted negligence with respect to activities Assert Claim in Contract negligence in performing contractual ob- outside the scope of the parties’ contracts. ligations, the aggrieved parties can assert The pre-1996 version of Civ.C. art. 667 or Tort tort claims or contract claims. Here, the imposed strict liability on landowners for plaintiffs chose to assert contract claims. ultrahazardous activities that harm neigh- Franklin v. Regions Bank, No. 19-30684, The 5th Circuit, therefore, reversed, bors. The court denied the motion to dis- ____ F.3d ____, 2020 WL 5587417 (5 Cir. noting that tort claims would have been miss the plaintiffs’ article 667 claims, con- Sept. 18, 2020). prescribed, but that the plaintiffs asserted cluding that the plaintiffs had alleged facts The plaintiffs contracted for Regions contract claims that were not prescribed. sufficient to state such claims. In contrast, Bank to manage the plaintiffs’ mineral the court dismissed (without prejudice) the interests in a large tract. Regions granted plaintiffs’ strict liability claims under arti- a mineral lease with a three-year primary Lessor’s Release of cles 2317 and 2322, which (prior to 1996) term to an original lessee, which later as- Lessee Enforced provided for a strict premises liability in signed the lease to Matador Resources. certain circumstances, after finding that the The lease contained a Pugh Clause. It also Prairie Land Co. v. ConocoPhillips Co., plaintiffs did not allege facts sufficient to contained a depth-severance clause, which No. 2:20-CV-00748, 2020 WL 5647300 state claims under those articles. stated the lease would lapse after the pri- (W.D. La. Sept. 22, 2020). Similarly, the court dismissed (without mary term as to depths more than 100 feet In 2020, the plaintiffs filed suit against prejudice) the plaintiffs’ punitive damages beneath the deepest depth drilled. Near ConocoPhillips in state court, alleging claims under former article 2315.3, con- the end of the primary term, the lease was that the company’s oil and gas activi- cluding that the plaintiffs had not alleged set to expire altogether as to 169 undevel- ties pursuant to a 1943 lease had caused facts to state a claim under the article for oped acres and as to the deep rights else- contamination of the plaintiffs’ land. The activities conducted during the period of where, absent further action or agreement. plaintiffs asserted claims that included time when the article was in effect. The Regions intended to grant Matador an (1) breach of contract; (2) a tort pursuant court also dismissed without prejudice extension of the lease as to the 169 unde- to Civ.C. art. 2315; (3) punitive damages the continuing-tort claims, noting that a veloped acres, but Regions negligently ex- pursuant to former Civ.C. art. 2315.3; (4) continuing tort must involve continuing ecuted a document that extended the lease fraud; (5) a continuing tort; and (6) strict tortious conduct, not just the continuing ef- as to all areas and all depths. In a lawsuit liability under Civ.C. arts. 667, 2317 and fect of a prior tortious act. Finally, the court that the plaintiffs brought prior to the case 2322. ConocoPhillips removed the case to dismissed without prejudice the plaintiffs’ discussed here, the plaintiffs sought to re- federal court and filed a Rule 12(b)(6) mo- fraud claims and their miscellaneous other scind the lease extension, but the Louisiana tion to dismiss. claims. Supreme Court upheld the extension in The district granted the motion to dis- Peironnet v. Matador Resource Co., 12- miss as to the plaintiffs’ contract claims. —Keith B. Hall 2292 (La. 6/28/13), 144 So.3d 791, 796. The court noted that ConocoPhillips had Member, LSBA Mineral Law Section Three years later, the plaintiffs sued previously assigned the lease to Prairie Director, Mineral Law Institute Regions, alleging that Regions’ negli- Land Co. Further, at the time of the as- LSU Law Center gence in executing a lease extension as to signment, the plaintiffs executed a docu- 1 E. Campus Dr. all depths had cost the plaintiffs about $30 ment recognizing that ConocoPhillips had Baton Rouge, LA 70803-1000 million in lost lease bonuses and royalties. fulfilled all its obligations and “expressly and Regions moved to dismiss the case on the released” the company from liability for Colleen C. Jarrott basis that the plaintiffs’ claim was pre- “obligations under the terms of the lease.” Member, LSBA Mineral Law Section scribed under La. Civ.C. art. 3492’s one- The plaintiffs argued that this release ap- Baker, Donelson, Bearman, year prescriptive period for tort claims. plied to the oil and gas lease, but not to Caldwell & Berkowitz, P.C. The plaintiffs countered that they were ConocoPhillips’ obligations under sur- Ste. 3600, 201 St. Charles Ave. asserting a contract claim that was not pre- face leases that the company had with the New Orleans, LA 70170-3600 scribed because it was subject to a 10-year plaintiffs. The court disagreed, noting that

Louisiana Bar Journal December 2020 / January 2021 284 Vol. 68, No. 4 www.lsba.org Mr. Thomassie (patient) died, after The court decided that the MMA does not which the PCF filed exceptions of pre- give the PCF “a substantive right to as- scription, no right of action for Mrs. sert an objection of prescription as to the Professional Thomassie (wife) in her individual capac- claimant’s underlying malpractice action” Liability ity because she was never a “claimant,” because the PCF is a statutory intervenor, and no independent cause of action for her not a “party defendant.” The court cited attendant-care claim. The trial court sus- 3rd, 4th and 5th Circuit opinions that held tained the PCF’s exception of prescription the PCF may not plead prescription once Multiple Issues for the claims of the patient and the wife, the statutory maximum has been paid, holding that the wife’s independent claims with the 3rd and 5th Circuits further hold- Thomassie v. Amedisys LA Acquisitions, were prescribed because they were not ing that the “PCF may not raise any ex- L.L.C., 19-0173 (La. App. 1 Cir. 8/18/20), pled until years after the Amedisys events ceptions” after the defendant’s limitation ____ So.3d ____, 2020 WL 4783550. and that the wife had no right or cause of of liability is satisfied because the PCF Mr. Thomassie developed pressure action under the MMA for attendant care does not stand in the shoes of a defendant. wounds while a patient of Amedisys. A because she was not a patient and did not The judgment sustaining the PCF’s excep- medical-review panel (MRP) opined in submit her claim to the MRP. tion of prescription was reversed. favor of the patient on breach and cau- sation. The trial court issued a judgment Prescription No Cause of Action approving a $100,000 settlement between On appeal, the plaintiffs argued that the The PCF contended the wife had Mr. and Mrs. Thomassie and Amedisys, PCF had no standing to raise a prescrip- no cause of action for an “independent reserving to the Thomassies all rights tion issue because the $100,000 payment claim” for attendant-care costs through against the PCF. mooted that defense. The PCF countered the survival action. She responded that, The PCF intervened and objected that the MMA gave it the right to prepare as a legal representative of her husband’s to any claim over $100,000 until it had a defense in advance of trial, including the estate, she is a “claimant,” as defined by an opportunity to prepare for trial. The prescription defense. the MMA, e.g., she was “a patient or Thomassies’ response was that payment The appellate court referenced representative of any person, including a of $100,000 established liability, allow- Louisiana Supreme Court cases, includ- decedent’s estate.” The court agreed that ing them to pursue excess damages over ing Graham and Khammash, and, while she was a claimant and had stated a cause $100,000 without the need to prove liabil- agreeing that the PCF had the right to of action for future care on behalf of her ity. They also moved for partial summary prepare a defense and fully contest dam- husband’s estate. However, the court then judgment to exclude evidence of medical- ages even when liability was statutorily decided that, while an MMA claimant, the expense payments by TRICARE, a gov- admitted, the appellate court noted that wife was not a patient entitled to recover ernment-provided insurance plan, con- the Supreme Court has failed to address for her individual losses, having received tending that these payments were subject whether a statutory admission precludes no healthcare from the defendant, i.e., any to the collateral-source rule. the right to raise a prescription objection. losses she sustained were “not the result

Louisiana Bar Journal December 2020 / January 2021 284 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 285 Vol. 68, No. 4 www.lsba.org of direct health care afforded to her.” The disputed the inclusion of interest and trial court’s sustainment of the exception penalties. of no cause of action was reversed in part On Nov. 3, 2016, Cheniere sent a and affirmed in part. Taxation check for $139,349.84 with a cover letter stating that the check represented No Right of Action a “full satisfaction and compromise” of The PCF argued that the wife had no all sales taxes and related interest and right of action because she had not sub- penalties. In addition, the letter provided mitted a claim for healthcare costs to a Wrongful Seizure Claim that if the Department did not wish to medical-review panel and, therefore, was accept the tendered amount in full not a claimant. She responded that, as the Against the Department satisfaction of its debt, the Department legal representative who is defined as a Dismissed should return the check to the Cheniere. claimant, she had the right to seek dam- The Department negotiated the check. ages for attendant care on behalf of the Cheniere Constr., Inc. v. State, 19-1471 About a year later, the Department patient’s estate. The court agreed and re- (La. App. 1 Cir. 9/18/20), ____ So.3d seized $97,491.57 from Cheniere’s versed the trial court’s judgment sustain- ____, 2020 WL 5586718. bank account, representing the ing the exception of no right of action The Louisiana Department of outstanding interest and penalties. for these expenses asserted by the wife Revenue issued a sales-and-use tax Within a year of seizure, Cheniere in her capacity as legal representative of assessment to Cheniere Construction, filed a petition for damages against the estate. However, the court then ruled Inc. for $320,664.43 in taxes, interest the Department. Cheniere alleged that that the wife had no right of action for her and penalties for the filing periods of its $139,349.84 payment was a full individual claim for such services because March 31, 2009, through Sept. 30, 2012. accord and satisfaction of its debts she was not a patient, affirming the trial Cheniere appealed to the Louisiana and the Department’s seizure of its court’s decision in that regard. Board of Tax Appeals (BTA). Cheniere bank account funds was a wrongful and the Department reached a consent seizure, entitling it to tort damages. The Plaintiffs’ Motion for Summary judgment, whereby Cheniere agreed to district court dismissed Cheniere’s suit Judgment on Collateral Source pay $139,349.84 in taxes for the subject with prejudice, finding Cheniere had The Thomassies made annual payments period. According to Cheniere, the not stated a cause of action because it to TRICARE and contended that these agreement was silent as to interest and failed to allege proper compliance with payments were a collateral source. The penalties, but the parties agreed that the Louisiana tax law. Cheniere appealed. PCF countered that TRICARE was a gov- Department’s collections department The court said the facts showed that, ernment-funded program that did not in- would address these issues. The BTA after the Department issued the revised volve a contract between an insurer and an issued an order dismissing Cheniere’s Notice of Assessment, Cheniere neither insured, and thus the United States held the appeal with prejudice. Thereafter, the timely appealed the revised assessment right to recover the medical expenses. The Department issued a revised Notice to the BTA nor timely paid the disputed appellate court wrote that as the PCF was of Assessment for $139,349.84 in amount under protest, both requirements not the tortfeasor, “[t]he application of the taxes, plus $59,266.98 in interest and under the statute. In upholding the collateral-source rule in this instance will $25,659.10 in penalties. Cheniere district court’s dismissal, the court noted not serve the goal of deterring wrongful conduct by imposing responsibility on the PCF.” The court also commented that payments by TRICARE come from the gen- LSBA eBooks available for eral U.S. treasury, which did not “directly” receive money from the Thomassies; thus, FREE download the TRICARE payments were not a collat- Visit www.lsba.org/NewsAndPublications/ eral source. The court found that to hold eBooks.aspx for a list of LSBA books available otherwise “would constitute an impermis- for free download. These valuable resources are sible double recovery,” affirming the trial court’s denial of the plaintiffs’ motion for full of practical tips, step-by-step tutorials and partial summary judgment. various necessary forms and valuable checklists. Currently, four books are featured: —Robert J. David Gainsburgh, Benjamin, David, • Practice Aid Guide: The Essentials of Law Office Management Meunier & Warshauer, L.L.C. • Hanging Out Your Shingle Louisiana Style Ste. 2800, 1100 Poydras St. • Disaster Planning: It's Not Just for Hurricanes - Are You Ready? New Orleans, LA 70163-2800 • Practice Transition Handbook: Shutting Down a Law Practice in Louisiana

Louisiana Bar Journal December 2020 / January 2021 286 Vol. 68, No. 4 www.lsba.org that a taxpayer cannot dictate the manner Louisiana Supreme Court granted D90 determination. Finally, the Supreme by which it protests the Department’s Energy’s writ application to review the Court addressed the effect of a taxpayer’s assessments. Because the statute provides 3rd Circuit’s decision. failure to pay under protest when it is a specific scheme that expressly provided In a unanimous decision, the successful at a Tax Commission hearing, Cheniere’s available remedies, it cannot Supreme Court reversed the Court of finding that such payment is not required circumvent that scheme by relying on Appeal’s decision and reinstated the when the taxpayer prevails before the general Civil Code principles regarding Tax Commission’s decisions in favor Tax Commission. compromise in an attempt to characterize of D90 Energy. The Supreme Court This ruling is a key Louisiana tax its cause of action as one for wrongful found that the Tax Commission properly decision on the scope of authority seizure. The court held the Department corrected the assessor’s fair-market- possessed by assessors in ad valorem did not wrongfully seize Cheniere’s value determination by considering the tax matters and for the Louisiana Tax funds to obtain the disputed portion of recent arms-length sale to D90 Energy. Commission as a reviewing body. the assessment. The Supreme Court found that the Tax Commission possessed the authority —Kyle P. Polozola —Antonio Charles Ferachi to correct the assessor’s valuation, Member, LSBA Taxation Section Member, LSBA Taxation Section and the record evidence supported the Kean Miller LLP Director of Litigation-General Counsel correction. The recent sale, as opposed Ste. 303, 2020 W. Pinhook Rd. Louisiana Department of Revenue to regulatory tax tables, was a proper Lafayette, LA 70508 617 North Third St. measure of value for D90 Energy’s wells and Baton Rouge, LA 70821 under the facts. The Supreme Court also Phyllis D. Sims found that the Tax Commission was not Member, LSBA Taxation Section La. Supreme Court limited to reviewing only the information Kean Miller LLP provided to the assessor, but could take II City Plaza Issues Major Decision evidence, hear testimony and consider Ste. 700, 400 Convention St. in Oil and Gas Property the administrative record established Baton Rouge, LA 70802 before it in an appeal of an assessor’s Tax Case

On Oct. 20, 2020, the Louisiana Supreme Court issued a major decision in an ad valorem (property) tax case ERISA / LONG TERM involving oil and gas wells. D90 Energy, LLC v. Jefferson Davis Par. Bd. of Rev., 20-0200 (La. 10/20/2020), ____ So.3d DISABILITY CLAIMS ____, 2020 WL 6145158. D90 Energy, an independent oil- (DENIALS / ADMIN APPEALS / FEDERAL COURT) and-gas operator, purchased two gas wells and one salt-water disposal well for $100,000. Facing an assessment of more than $3 million, the producer paid more than $100,000 in taxes under Statewide, La and tX protest for two of the tax years and appealed the assessor’s decision. The ver yearS ated Louisiana Tax Commission reduced O 28 – av r the value to $235,000, considering a Tax Commission regulation that allows recent, valid sales that are properly documented to be a measure of fair- market value. The district court for J. Price McNamara Law Offices Jefferson Davis Parish affirmed the Web: jpricemcnamara.com Tax Commission’s correction of the assessor’s valuation, but the 3rd Circuit Email: [email protected] Court of Appeal reversed, reasoning that the Tax Commission should have Baton Rouge: 225-201-8311 afforded “much discretion” to the assessor’s determination of value. The Metairie: 504-458-8455

Louisiana Bar Journal December 2020 / January 2021 286 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 287 Vol. 68, No. 4 www.lsba.org Young LAWYERS CHAIR’S MESSAGE... SPOTLIGHT

YLDC, one of my favorite things is CHAIR’S MESSAGE networking with other young attorneys from around the state. My YLDC colleagues quickly become dear friends. Despite Disruptions, The Council enjoys sharing in each of its members’ professional and personal YLD Programming Goes On! accomplishments, whether someone makes partner, starts their own firm, By Carrie LeBlanc Jones receives a prestigious award, wins a big case, becomes a judge or welcomes a new baby. The YLD is also supportive he Louisiana State Bar Court, Middle of its members during challenging Association’s (LSBA) Young District of Louisiana, times such as sickness, loss and natural Lawyers Division Council will discuss disasters. This year is no different in (YLDC) has been busy despite professionalism. The shared celebrations and lending support Tthe recent shifting of council members, PDS also will offer during troubled times. COVID-19 disruptions and an overly CLE hours in ethics I could not be more proud of our very active hurricane season. and law practice own Shayna Beevers Morvant. She was The Wills for Heroes Committee management. recently elected and sworn in as 24th did an excellent job of updating and The Young Judicial District Court judge, Division streamlining the training materials Lawyers Conference, Carrie LeBlanc Jones M. As one of the newest members of during the COVID-19 downtime. The Shaping the Future, the judiciary, Shayna resigned from her High School Mock Trial Committee is shaping up nicely. The conference is YLDC District 2 seat. The YLDC will released this year’s problem and adapted scheduled for Friday, May 14, 2021, at miss Shayna’s contributions as a council the competition to go virtual, consistent Galerie de Galatoire in New Orleans. member; however, I’m confident that with other states and the national Newly elected Louisiana Supreme Judge Morvant will continue to support competition. We are also exploring a Court Justice Piper D. Griffin agreed and encourage young attorneys from the virtual option to host a Barristers for to give the keynote presentation. She bench. Boards event. is among a great lineup of speakers and Rachal Cox Cassagne will move into The Professional Development topics selected specifically for young the District 2 seat. Rachal joined the Seminar (PDS), in connection with the attorneys. Council as a District 5 representative; LSBA’s Midyear Meeting, is scheduled As much as I’m excited about however, she relocated to the District for Friday, Jan. 22, 2021. Hon. Shelly our upcoming events and volunteer 2 region. Rachal ran unopposed for D. Dick, chief judge of the U.S. District opportunities available through the the vacated District 2 seat and will assume her new position immediately, leaving the District 5 seat open. As luck would have it, Camille Walther ran YOUNG LAWYERS unopposed for District 5 representative. Typically, newly elected representatives DIVISION NEWS are sworn in at the Annual Meeting in June; however, Camille graciously Get the latest Young Lawyers Division news online: Y agreed to hit the ground running and L www.lsba.org/YLD join the Council early. Welcome aboard, D The Young Lawyers Division Web site is a Camille. We are excited to have you as public service of the LSBA-YLD Council, our newest member. providing YLD information to the public and communicating with YLD members.

Louisiana Bar Journal December 2020 / January 2021 288 Vol. 68, No. 4 www.lsba.org YOUNG LAWYERS SPOTLIGHT Rachael M. Mills subcommittees. vides a unique opportunity for 1Ls to learn New Orleans The Pro Bono about Louisiana’s civil justice network. Subcommittee sup- Further, she is the local administrator of The Louisiana State Bar Association’s ports activities co- LA.FreeLegalAnswers.org, the online pro Young Lawyers Division Council is spot- ordinated through bono program created and supported by lighting attorney Rachael M. Mills. local pro bono the ABA. This program is always in need Mills is the Louisiana State Bar entities to engage of additional pro bono volunteers. Association (LSBA) Access to Justice and recognize the Originally from Birmingham, Ala., (ATJ) Program’s projects counsel. In this private bar and ju- Mills graduated magna cum laude and role, she manages, administers and di- diciary in pro bono Rachael M. Mills Phi Beta Kappa from George Washington rects various projects of the LSBA ATJ efforts. In her role University. Later, she moved to Louisiana Program, strengthening relationships and as staff liaison with the Disaster Response as an AmeriCorps disaster relief volunteer. fostering coordination among Louisiana’s Subcommittee, she facilitates coordina- She completed three terms of service with civil justice community members and tion of the subcommittee and the American AmeriCorps (primarily with nonprofit partners. Bar Association/Young Lawyers Division organizations focused on rebuilding after As part of those duties, she is staff li- (ABA/YLD) Disaster Response Hotline. Hurricane Katrina) before initially joining aison to several committees and subcom- For the ATJ Commission, she serves as the LSBA’s Access to Justice Department. mittees of the Access to Justice Committee staff liaison for the Funding Committee After a three-year hiatus to earn her JD and the Access to Justice Commission. which explores ways to increase funding degree from Louisiana State University For the ATJ Committee, she works with for civil legal aid. Paul M. Hebert Law Center, Mills rejoined the Pro Bono and Disaster Response Mills also oversees the ATJ Developing the LSBA’s Access to Justice Department Leadership Intern Program which pro- as ATJ projects counsel.

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Dazzling Disney—the Louisiana State Bar Association’s Continuing Legal Education Program Committee will sponsor its popular CLE Seminar at the Walt Disney World® Resort in February 2021! This Multi-Topic seminar qualifies for CLE credit, including ethics and professionalism, and will feature speakers well-versed in their respective areas. The topics are intended to be of general interest to all practitioners and are addressed with sufficient detail to be informative, interesting and useful. Bring your family and friends on a magical gathering at the Walt Disney World® Resort. Make your destination Disney! Walt Disney World® Resort: With four exciting theme parks, including Magic Kingdom® Park, Epcot®, Disney’s Hollywood Studios™, and Disney’s Animal Kingdom® Theme Park, fun-loving adults can revisit treasured childhood dreams and experience new thrills to create memories that will last a lifetime. For new and returning guests, there’s always something new to do. Don’t forget to bring the kids and grandparents too! Disney’s Grand Floridian Resort & Spa is a Victorian-style Disney Deluxe Resort distinguished as the flagship hotel of the Walt Disney World® Resort and offering world-class dining, entertainment and luxurious accommodations in its 6 striking red-gabled buildings. This magnificent hotel sits along the white-sand shores of Seven Seas Lagoon. Theme Park Tickets & More! Discounted Theme Park tickets are available exclusively to LSBA members registered for the Dazzling Disney CLE seminar. Register now & let the magic begin! Visit www.lsba.org/cle

Louisiana Bar Journal December 2020 / January 2021 288 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 289 Vol. 68, No. 4 www.lsba.org JUDICIALNotes By Trina S. Vincent, Louisiana Supreme Court NEW JUDGE... RETIREMENTS...

New Judge degree in 1980 from Southern University Resignation Law Center. Prior to her election to the Tiffany 2nd Circuit in 1993, she served as a U.S. ► 40th Judicial District Court, Foxworth-Roberts Department of Justice attorney in 1980 Division B, Judge E. Jeffery Perilloux was elected judge, and worked as an attorney at Central resigned effective Sept. 22, 2020. He Election Section 2, Louisiana Legal Services. In 1981, she earned his bachelor’s degree in 1989 from Division M, 19th worked as a central staff law clerk at Southeastern Louisiana University and his Judicial District the Louisiana Supreme Court. From JD degree in 1993 from Loyola University Court. She earned 1982-90, she served as Madison Parish New Orleans College of Law. He began her bachelor’s assistant district attorney and as a part- work as an attorney in 1994. He served as degree in 2001 ner at Williams and Williams, A.P.L.C. an assistant district attorney for 12 years She was elected as 6th Judicial District until his election to the 40th JDC in 2017. from Southern Tiffany Foxworth- University of Baton Roberts Court judge, Division B, in 1991, where Rouge and her JD she served until her election to the 2nd Death degree in 2005 from Southern University Circuit bench. In 1994, she served as ► Retired West Monroe City Court Law Center. Following law school, she Louisiana Supreme Court associate jus- Judge Charles A. Traylor II, 87, died practiced law at the Foxworth Law Firm tice pro tempore. Aug. 8, 2020. He earned his bachelor’s from 2006 until her election to the bench. ► Shreveport City Court, Division degree in 1955 from Northeast Louisiana She worked as a registered nurse from A, Judge R. Lee Irvin retired effective State College (currently the University of 2001-07 and served for 13 years in the July 2, 2020. He earned his bachelor’s Louisiana-Monroe) and his JD degree in U.S. Army as an enlisted soldier post- degree in 1976 from Northeast Louisiana 1960 from Louisiana State University Law Desert Storm and as a commissioned University (currently the University of Center. He became West Monroe’s city at- officer in the Iraq and Afghanistan Wars. Louisiana-Monroe) and his JD degree torney in the early 1960s. In 1966, he joined She is married to Dr. Jonathan J. Roberts, in 1979 from Louisiana State University the Fourth Judicial District Attorney’s MD, and they have one daughter. Paul M. Hebert Law Center. He served in Office, where he worked for eight years as the First Judicial District as an assistant an assistant district attorney. He also served Retirements district attorney from 1980-89 and was as a faculty member and teacher at United a partner in the firm of Waddell, Irvin & Theological Seminary in Monroe. In 1974, ► 2nd Circuit Court of Appeal Chief Thomas from 1983-90. He was elected to he was appointed West Monroe City Court Judge Felicia Toney Williams retired Shreveport City Court in 1991, where he judge and was reelected without opposi- effective Oct. 1, 2020. She earned her served until his retirement. tion in 1978, 1984 and 1990. He served at bachelor’s degree in 1977 from Southern the City Court until he retired in 1996. University of Baton Rouge and her JD LSBA Member Services The mission of the Louisiana State Bar Association (LSBA) is to assist and serve its members in the practice of law. The LSBA offers many worthwhile programs and services designed to complement your career, the legal profession and the community. In the past several years, the legal profession has experienced many changes. The LSBA has kept up with those changes by maturing in structure and stature and becoming more diverse and competitive. For more information, visit www.lsba.org

Louisiana Bar Journal December 2020 / January 2021 290 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 290 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 291 Vol. 68, No. 4 www.lsba.org PEOPLE LAWYERS ON THE MOVE . . . NEWSMAKERS

D. Amond, announce the formation of Irwin Fritchie Urquhart & Moore, LLC, LAWYERS ON Mills’ and Amond’s new firm, Mills & announces the relocation of its Baton THE MOVE Amond, LLP, located at Ste. 1525, 650 Rouge office to Chase North Tower, Ste. Poydras St., New Orleans, LA 70130; 1150, 450 Laurel St., Baton Rouge, LA Adams and Reese, LLP, announces that website www.millsamond.com. Mills & 70801. The office is under the leadership Justin R. Glenn has joined the firm’s New Amond will work with Fishman Haygood of partner Matthew W. Bailey, along Orleans office as an associate and Taylor on projects of mutual interest. with associates Hillary A. Brouillette and M. LeDuff has joined the firm’s Baton Shannon M. Jaeckel. Rouge office as an associate. Forman Watkins & Krutz, LLP, announces that Jordan B. Nixon and Taylor Delrie Kean Miller, LLP, announces that of Dispute Resolution Institute of Louisiana, Waxley have joined the firm as associates counsel Michael W. McLoughlin, senior Ltd. in Baton Rouge announces that Lisa in the New Orleans office. counsel Janice M. Culotta and associate R. Mondello has joined the business as a Anne C. (Annie) Lemelin have joined mediator, consultant and investigator. Hinshaw & Culbertson, LLP, announces the firm’s New Orleans office. Also, that Heather LaSalle Alexis, Lauren E. partner Tammy B. Scelfo and associate Betsy A. Fischer, LLC, announces that Campisi, Eric J. Simonson, E. Stewart Z. Ambrose Stearns, Jr. have joined the Kathleen McNelis Legendre has joined Spielman and Stephen P. Strohschein firm’s Lafayette office. the firm’s Metairie office as an associate. have joined the firm’s New Orleans office The firm’s new location is Ste. 216, 3636 as partners. Also, Dustin C. Alonzo and King & Jurgens, LLC, announces that S. I-10 Service Road W, Metairie, LA Adair L. Kingsmill have joined the New Patrick T. Isacks and Jamia P. Love have 70001; website www.louisianafamilyan- Orleans office as associates. joined the firm’s New Orleans office as as- delderlaw.com. sociates. Investar Bank in Baton Rouge announces Fishman Haygood, LLP, in New Orleans, the hiring of Van R. Mayhall III as its The Panagiotis Firm, A.P.L.C., in Lafayette along with Alysson L. Mills and Kristen general counsel and senior vice president. announces that Dan C. Panagiotis has

Heather LaSalle Dustin C. Alonzo Richard J. Arsenault Laura E. Avery Matthew W. Bailey Wilton E. Bland III Alexis

Alan G. Brackett Hillary A. Lauren E. Campisi Trevor M. Cutaiar Adrian A. D’Arcy Blake R. David Brouillette

Louisiana Bar Journal December 2020 / January 2021 292 Vol. 68, No. 4 www.lsba.org been appointed as U.S. administrative law Blake R. David, senior partner at Michael H. Rubin, a former president of judge, Department of Labor, Longshore Broussard & David in Lafayette, was the Louisiana State Bar Association and Division, effective Nov. 8, 2020. named president-elect of the Louisiana a member in the Baton Rouge office of Association for Justice. McGlinchey Stafford, PLLC, received the Pipes, Miles, Beckman, LLC, in New 2020 Frederick S. Lane Award from the Orleans announces that Christopher R. Mark A. Doré, senior counsel in the American College of Real Estate Lawyers. Teske has joined the firm as a mem- Lafayette office of Kean Miller, LLP, was The lifetime achievement award, not giv- ber and Alexis Polk Joachim, Ryan M. elected to the Board of Commissioners en annually, has been granted to only 12 Hall, Jennifer S. Martinez and Katherine of the Lafayette Economic Development others since 1993. (Katie) Seegers Roth have joined the firm Authority. as of counsel. Also, Lindsey M. Soboul, David A. Strauss, Adam P. Massey and Arianna E. (Ari) de Goede and Andrew C. Edmund J. Giering IV, general coun- Susan E. Dinneen recently celebrated the Rayford have joined the firm as associates. sel of the Baton Rouge Area Foundation, first anniversary of the founding their New is the 2020 recipient of the Outstanding Orleans firm Strauss Massey Dinneen, Staines, Eppling & Kenney, LLC, in Metairie In-House Counsel Award, presented by LLC. The firm is located at Ste. 1450, announces that Michael W. Maldonado has the Nonprofit Organizations Committee 935 Gravier St., New Orleans, LA 70112, joined the firm as an associate. of the American Bar Association’s website www.smd-law.com. Business Law Section to recognize NEWSMAKERSNEWSMAKERS distinguished service by a nonprofit in- Victor J. Suane, Jr., a partner in the Baton house counsel. Rouge office of Kean Miller, LLP, was Richard J. Arsenault, a partner in the selected for the National Black Lawyers’ Alexandria firm of Neblett, Beard & Allison A. Jones, counsel in the firm of top 100. Arsenault, participated in seven separate Downer, Jones, Marino & Wilhite, LLC, presentations for Baylor Law School’s in Shreveport, was elected as a Fellow of Irving J. Warshauer, a member in Complex Litigation LLM program. the College of Labor and Employment the New Orleans office of Gainsburgh, He chaired the Louisiana State Bar Lawyers. Benjamin, David, Meunier & Warshauer, Association’s 27th Annual Admiralty L.L.C., is serving as chair of the Anti- Symposium in September 2020. He has Linda A. Liljedahl, with Dispute Defamation League’s South Central chaired the symposium since its inception. Resolution Institute of Louisiana, Ltd. in Regional Board. He was selected as one of Louisiana’s Top Baton Rouge, was featured in the Baton 10 Attorneys by Attorney and Practice Rouge Business Report’s October 2020 Adrienne D. White, a partner in the Law Magazine and was nominated as a mem- Annual Report with an article on juvenile Offices of White & White in Mansfield, ber of Louisiana’s Top 10 Attorneys in mediation. was included in “The Zeta 100” presented personal injury law in 2020. by Zeta Phi Beta Sorority, Inc.

Jessica R. Susan E. Dinneen Patrick R. Follette Edmund J. Elizabeth L. Fred L. Herman Derenbecker Giering IV Gordon

Daniel J. Hoerner Shannon M. Jaeckel Allison A. Jones Adair L. Kingsmill Frank E. Steven J. Lane Lamothe III

Louisiana Bar Journal December 2020 / January 2021 292 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 293 Vol. 68, No. 4 www.lsba.org Baldwin Haspel Burke & Mayer, Sharer, Madison A. Sharko and Lance W. PUBLICATIONSPUBLICATIONS LLC (New Orleans): David L. Carrigee, Waters, Ones to Watch. Best Lawyers in America 2021 Lawrence R. DeMarcay III, Brian R. Breazeale, Sachse & Wilson, L.L.P. Adams and Reese, LLP (Baton Johnson, Joel A. Mendler, Matthew (Baton Rouge, New Orleans): Robert L. Rouge, New Orleans): E. Gregg P. Miller, Jerome J. Reso, Jr., Leon Atkinson, John W. Barton, Jr., Thomas Barrios, Mark R. Beebe, Philip O. H. Rittenberg III, John A. Rouchell M. Benjamin, Robert T. Bowsher, Jude Bergeron, Charles A. Cerise, Jr., Robin (New Orleans “Lawyer of the Year,” C. Bursavich, Peter J. Butler, Jr., David B. Cheatham, Jaimmé A. Collins, Chris Business Organizations and Closely R. Cassidy, David M. Charlton, V. A. D’Amour, Johnny L. Domiano, Held Companies and Family Business Thomas Clark, Jr., Jeanne C. Comeaux, Jr., Kathleen F. Drew, John M. Duck, Law), William B. Schwartz, John A. Clay J. Countryman, Carroll Devillier, Brooke Duncan III, Richard B. Eason Stewart, Jr. Andrew T. Sullivan (New Jr., Cullen J. Dupuy, Murphy J. Foster III, II, Mark S. Embree, Philip A. Franco, Orleans “Lawyer of the Year,” Corporate Gregory D. Frost, Judith W. Giorlando, A. Kirk Gasperecz, William B. Gaudet, Law), Matthew A. Treuting and Karl J. Alan H. Goodman, Emily Black Grey, Charles F. Gay, Jr., Matthew C. Guy, Lisa Zimmermann; and George A. (Jack) Leo C. Hamilton (Baton Rouge “Lawyer Merz Hedrick, E.L. Henry, Christopher Casanova, Jr., Ones to Watch. of the Year,” Administrative/Regulatory J. Kane, Edwin C. Laizer, Leslie A. Barrasso Usdin Kupperman Law), Paul M. Hebert, Jr. (Baton Rouge Lanusse, Francis V. Liantonio, Jr., Freeman & Sarver, L.L.C. (New “Lawyer of the Year,” Family Law), Scott Kellen J. Mathews, Lisa E. Maurer, Don Orleans): Michael A. Balascio, Judy Y. N. Hensgens, Michael R. Hubbell, David S. McKinney, Robert B. Nolan, Glen Barrasso (New Orleans “Lawyer of the R. Kelly, Lance J. Kinchen, Michael C. M. Pilié, Jane C. Raiford, Lee C. Reid, Year,” Bet-the-Company Litigation), Luquet, Catherine M. Maraist, Eve B. Robert L. Rieger, Jr., Edward J. Rice, Jr., Jamie L. Berger, Christine M. Calogero, Masinter, Van R. Mayhall, Jr. (Baton Jeffrey E. Richardson, James T. Rogers Celeste R. Coco-Ewing (New Orleans Rouge “Lawyer of the Year,” Corporate III, Gregory F. Rouchell, Deborah B. “Lawyer of the Year,” Mass Tort Law), C. Stokes McConnell, Jr., Tracy Rouen, Elizabeth A. Roussel, E. Paige Litigation/Class Actions-Defendants), Averett Morganti, Trenton J. Oubre, Sensenbrenner, William D. Shea, George C. Freeman III (New Orleans Richard G. Passler, James R. Raines, Philip B. Sherman, Tyson B. Shofstahl, “Lawyer of the Year,” Litigation- Claude F. Reynaud, Jr., Melissa M. Ronald J. Sholes (New Orleans “Lawyer Securities), Craig R. Isenberg, John W. Shirley, Jerry L. Stovall, Jr., Thomas R. of the Year,” Arbitration), Mark J. Joyce, Stephen H. Kupperman, Richard Temple, Jr. (Baton Rouge “Lawyer of Spansel, Martin A. Stern, Mark C. E. Sarver (New Orleans “Lawyer of the Year,” Mass Tort Litigation/Class Surprenant, Lauren L. Tafaro, Roland the Year,” Product Liability Litigation- Actions-Defendants), B. Troy Villa, M. Vandenweghe, Jr., David M. Wolf Defendants), Kyle W. Siegel and Steven Stephen R. Whalen and Douglas K. and Laurie Briggs Young; and Gerard J. W. Usdin; and Viviana H. Aldous, Chloé Williams; and Danielle L. Borel, Joseph Gaudet, Grant J. Guillot and G. Robert M. Chetta, Robert J. Dressel, Laurence J. Cefalu III, Kelsey A. Clark, David C. Parrott II, Ones to Watch. D. LeSueur, Shaun P. McFall, Janelle E. Fleshman, Druit G. Gremillion, Rachael

Kathleen McNelis Linda A. Liljedahl Lindsay F. Louapre Stephen D. Marx Adam P. Massey Van R. Mayhall III Legendre

J. Edward Lisa R. Mondello André J. George A. Jeffrey K. Prattini Patrick K. Reso McAuliffe III Mouledoux Mueller III

Louisiana Bar Journal December 2020 / January 2021 294 Vol. 68, No. 4 www.lsba.org A. Jeanfreau, Sunny Mayhall West, Frank A. Piccolo, Robert S. Rooth, Orleans “Lawyer of the Year,” Family Matthew M. McCluer, Catherine Breaux Peter J. Rotolo III, G. Phillip Shuler III, Law. Moore and Jacob E. Roussel, Ones to Benjamin R. Slater III, Brent A. Talbot, Jackson Lewis, P.C. (New Orleans): Watch. Sabrina C. Vickers, Harold K. Watson Stacey C.S. Cerrone, Susan Fahey Carver, Darden, Koretzky, Tessier, and Jon W. Wise; and Amy L. McIntire Desmond, Robert W. Rachal, Charles F. Finn, Blossman & Areaux, LLC and Nicole C. Katz, Ones to Watch. Seemann III and René E. Thorne. (New Orleans): Raymond G. Areaux Chehardy Sherman Williams Kean Miller, LLP (Baton Rouge, (New Orleans “Lawyer of the Year,” Murray Recile Stakelum & Hayes, Lafayette, New Orleans, Shreveport): Litigation-Intellectual Property), Roy E. LLP (Hammond, Metairie): Fred L. Jaye A. Calhoun, Randal R. Cangelosi Blossman, M. Hampton Carver (New Herman, Stephen D. Marx, George (Baton Rouge “Lawyer of the Year,” Orleans “Lawyer of the Year,” Oil and A. Mueller III, Patrick K. Reso, David Product Liability Litigation-Defendants), Gas Law), M. Taylor Darden, Matthew R. Sherman and James M. Williams; Jason R. Cashio, Chelsea Gomez Caswell, J. Fantaci, William T. Finn (New Orleans Patrick R. Follette, Matthew A. Dean P. Cazenave, James R. (Sonny) “Lawyer of the Year,” Banking and Sherman and Jacob D. Young, Ones to Chastain, Jr. (Baton Rouge “Lawyer of Finance Law), Russell L. Foster, Leann Watch. the Year,” Trademark Law), G. Blane Opotowsky Moses, Philip D. Nizialek, Dué Guidry Piedrahita Andrews, Clark, Jr. (Baton Rouge “Lawyer of the Robert S. Stassi, Frank A. Tessier, Robert L.C. (Baton Rouge): B. Scott Andrews Year,” Mergers and Acquisitions Law), P. Thibeaux (New Orleans “Lawyer of and Kirk A. Guidry. Kevin C. Curry (Baton Rouge “Lawyer the Year,” Financial Services Regulation Forman Watkins & Krutz, LLP of the Year,” Trusts and Estates), Law) and David F. Waguespack. (New Orleans): Charles H. Abbott, Meaghan M. Donovan, James P. Doré, Chaffe McCall, LLP (New Orleans, Michael H. Abraham, Tim Gray and Jessica C. Engler, Mallory McKnight Houston, TX): Walter F. Becker, Jr., Amy L. Maccherone; and Melissa D. Fuller, Vance A. Gibbs, Isaac McPherson G. Wogan Bernard, H. Michael Bush, Fuller, McCann E. LeFeve and Elizabeth Gregorie, Jr. (Baton Rouge “Lawyer of Katharine R. Colletta, E. Howell Crosby R. Penn, Ones to Watch. (New Orleans “Lawyer of the Year,” Herman, Herman & Katz, L.L.C. Project Finance Law), Anthony P. (New Orleans): Joseph E. (Jed) Cain, Dunbar, Leah Nunn Engelhardt, Thomas Leonard A. Davis, Soren E. Gisleson, D. Forbes, Mandy Mendoza Gagliardi, Maury A. Herman, Stephen J. Herman, Edward N. George III, Douglas R. Russ M. Herman, Brian D. Katz, James Holmes, William H. Langenstein III, C. Klick and Steven J. Lane; and Fernand L. Laudumiey IV, Julie D. Alexandra E. Faia and Charles M. King, Livaudais, Charles D. Marshall III, Ones to Watch. David J. Messina, Corinne A. Morrison, Herman, Herman & Katz, L.L.C. Sarah Voorhies Myers, John F. Olinde, (New Orleans): Steven J. Lane, New Michael H. Rubin Eric Winder Sella

David R. Sherman Matthew A. Lloyd N. (Sonny) Eric J. Simonson E. Stewart Spielman David A. Strauss Sherman Shields

Stephen P. Andrew G. Vicknair Irving J. Warshauer James M. Williams Simone H. Yoder Jacob D. Young Strohschein

Louisiana Bar Journal December 2020 / January 2021 294 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 295 Vol. 68, No. 4 www.lsba.org the Year,” Real Estate Law), Hattie V. Stone Pigman Walther Wittmann, Guidry, David J. Halpern, Maureen N. L.L.C. (Baton Rouge, New Orleans): ININ MEMORIAM MEMORIAM Hirschel T. Abbott, Jr., Stephen G. Harbourt (Baton Rouge “Lawyer of the Robert Bernard Bullock, Joseph L. Caverly (New Orleans Year,” Environmental Law), Melissa A. Vincent, attorney, Hemmans, Esteban Herrera, Jr., John “Lawyer of the Year,” Mergers and Erath community F. Jakuback, M. Dwayne Johnson, Ben Acquisitions Law), Douglas J. Cochran, leader and town K. Jumonville, Robert M. Kallam, R. John W. Colbert, Noel J. Darce, James T. historian, died Chauvin Kean, Leonard L. Kilgore Dunne, Jr., Michael R. Fontham, James Oct. 8, 2020. He III, Katherine W. King (Baton Rouge C. Gulotta, Jr., Kathryn M. Knight, John was 41. A lifelong “Lawyer of the Year,” Energy Law), M. Landis, Michael D. Landry, Wayne J. resident of Erath Tyler Moore Kostal, Susan M. Lewis, Lee (New Orleans “Lawyer of the Year,” and a 1997 gradu- Michael D. Lowe, Terry D. McCay, Insurance Law), Heather S. Lonian, Paul ate of Erath High Robert Bernard Charles S. (Trey) McCowan III, Charles J. Masinter, W. Brett Mason, Michael W. School, Vincent Vincent S. McCowan, Jr., Michael A. McGlone, McKay, C. Lawrence Orlansky, Laura earned a BS degree Carey J. Messina, Edwin R. Noland Walker Plunkett, Edward B. Poitevent in business administration in 2002 from III, Kristi D. Obafunwa, Michael R. II, David C. Rieveschl, Michael R. the University of Louisiana-Lafayette Phillips, Kyle P. Polozola, Russel O. Schneider, Dana M. Shelton, James and an MBA degree in 2004 from UL- Primeaux (Baton Rouge “Lawyer of the E.A. Slaton, Susan G. Talley, Peter M. Lafayette. In 2010, he received his JD Year,” Patent Law and Trademark Law), Thomson, William D. Treeby, Michael Q. degree from Southern University Law Hannah D. Robinson, Linda G. Rodrigue, Walshe, Jr., Nicholas J. Wehlen, Scott T. Center. He enjoyed practicing law in Alexandra E. Rossi, Rachel M. Scarafia, Whittaker, Rachel Wendt Wisdom, Phillip a small town in his law firm, the Law Robert C. Schmidt, James R. Silverstein, A. Wittmann and Paul L. Zimmering; and Office of Robert B. Vincent. He also Charles R. Talley, Edward H. Warner, Barbra Barnett, Edward F. Bukaty, Tina C. served as of counsel with the law firm of David M. Whitaker and J. Randy Young. Hebert, Annie G. McBride and Justin A. Perrin, Landry & deLaunay. He served Lamothe Law Firm, LLC (New Swaim, Ones to Watch. as prosecutor for the Town of Erath Orleans): Frank E. Lamothe III. Strauss Massey Dinneen, LLC from 2011-14. He was a member of the Mouledoux, Bland, Legrand & (New Orleans): David A. Strauss. Louisiana State Bar Association. He Brackett, LLC (New Orleans): Wilton served on the Vermilion Parish Board E. Bland III, Alan G. Brackett, Daniel Louisiana Super Lawyers 2021 of Election Supervisors from 2012-15. J. Hoerner and André J. Mouledoux; Shields Mott, L.L.P. (New Orleans): He was named a Louisiana Young Hero and Trevor M. Cutaiar, Lindsay F. Adrian A. D’Arcy, Jessica R. by Louisiana Public Broadcasting in Louapre, J. Edward McAuliffe III, Derenbecker, Elizabeth L. Gordon, 1996 and was inducted into the Order Eric Winder Sella and Simone H. Jeffrey K. Prattini and Lloyd N. of Living Legends by the Acadian Yoder, Ones to Watch. (Sonny) Shields. Museum in 2015. In March 2020, he Riess LeMieux, LLC (New Orleans): received Southern University Law Michael S. Blackwell, Michael D. Lane, Lawdragon 2020 Center’s Distinguished Alumnus Award. Christopher K. LeMieux and Michael Barrasso Usdin Kupperman In June 2020, he received the Louisiana R.C. Riess. Freeman & Sarver, L.L.C. (New State Bar Association’s John A. (T-Jean) Shields Mott, L.L.P. (New Orleans): Orleans): Judy Y. Barrasso, Lawdragon Hernandez III Memorial Award for the Adrian A. D’Arcy, Jessica R. Legend. perpetuation and enhancement of the Derenbecker, Elizabeth L. Gordon, Francophone legal tradition. At the Jeffrey K. Prattini, Lloyd N. (Sonny) New Orleans Magazine 2020 time of his death, he was serving his Shields and Andrew G. Vicknair; and Barrasso Usdin Kupperman third term on the Erath City Council. Laura E. Avery, Ones to Watch. Freeman & Sarver, L.L.C. (New At age 19, he was elected to serve his Simon, Peragine, Smith & Redfearn, Orleans): Michael A. Balascio, Judy first term on the Erath City Council. L.L.P. (New Orleans): David F. Bienvenu, Y. Barrasso, Celeste R. Coco-Ewing, He was Mayor-Pro Tem for the Town Daniel J. Caruso, M. Claire Durio, George C. Freeman III, Craig R. Isenberg, of Erath from 1999-2003. At age 10, Benjamin R. Grau, Jay H. Kern, Susan B. John W. Joyce, Stephen H. Kupperman, he helped his cousin, Warren Perrin, Kohn (New Orleans “Lawyer of the Year,” Richard E. Sarver and Steven W. Usdin, cofound the Acadian Museum in Erath Personal Injury Litigation-Defendants), 2020 Top Lawyers List. and served on the museum’s board of Denise C. Puente (New Orleans “Lawyer Lamothe Law Firm, L.L.C. (New directors since 1990. He is survived by of the Year,” Construction Law), Robert Orleans): Frank E. Lamothe III, 2020 his parents Douglas and Jackie Vincent, L. Redfearn, H. Bruce Shreves (New Top Lawyers List. his brother Joseph Vincent and several Orleans “Lawyer of the Year,” Litigation- Shields Mott, L.L.P. (New Orleans): other relatives. Construction), John F. Shreves and Elizabeth L. Gordon and Lloyd N. Douglass F. Wynne, Jr. (Sonny) Shields, 2020 Top Lawyers List.

Louisiana Bar Journal December 2020 / January 2021 296 Vol. 68, No. 4 www.lsba.org NEWS LASC... LOCAL BARS... LBF

UPDATE LSU Law Louisiana Supreme Court Creates Receives U.S. Technology Commission DOJ Grant

The Louisiana Supreme Court created which will make recommendations to the to Establish the Louisiana Supreme Court Technology Louisiana Supreme Court related to tech- Commission this past September. The nology. Judge Schlegel is the recent re- Innocence standing Commission consists of judges cipient of the American Legal Technology from throughout the state and from various Award, earned by a court or judicial officer Project Clinic levels of the judiciary charged with identi- for displaying outstanding use of technol- Louisiana State University Paul M. fying technology needs, establishing goals ogy that achieves a significant benefit to Hebert Law Center, in partnership with for implementation, devising best practic- the public. the Innocence Project New Orleans es, and suggesting necessary rule changes Also appointed to the Commission for (IPNO), received a nearly $500,000 and steps towards implementation of artic- two-year terms are Louisiana Supreme grant from the U.S. Department of ulated technology goals for the judiciary. Court Justice John L. Weimer and Justice Justice to review select cases of incar- “In today’s environment of rapidly William J. Crain; Louisiana Appeal Court cerated people who have claims of in- advancing technology, creating this Judge Susan M. Chehardy and Judge nocence. The two-year grant establishes Commission of legal minds committed Jonathan W. Perry; Louisiana District the Innocence Project Clinic at the LSU to addressing how to best ensure the ju- Court Judge Brady D. O’Callaghan, Judge Law Center and LSU Law students will diciary’s application and utilization of Laurie R. Brister, Judge Marcus L. Hunter, review cases to identify those that may technological innovations will position Judge Nakisha Ervin-Knott, Judge John benefit from DNA testing. us to better serve our citizens and to fur- E. LeBlanc and Judge Clayton A. Davis; The partnership between LSU Law ther advance Louisiana’s judiciary,” said Louisiana Juvenile Court Judge Blair D. and IPNO will expand IPNO’s capac- Louisiana Supreme Court Chief Justice Edwards; Louisiana Family Court Judge ity to review cases, locate evidence and Bernette Joshua Johnson. Hunter V. Greene; and Louisiana City conduct DNA testing that may prove Judge Scott U. Schlegel, 24th Judicial Court Judge Bryan D. Haggerty and Judge innocence and ultimately exonerate the District Court, chairs the Commission Kelli T. Temple. innocent. It will also provide LSU Law students with a new avenue to gain practical experience working in the criminal legal system. SEND YOUR NEWS! “The Bureau of Justice Affairs DNA The Louisiana Bar Journal would like to publish news and photos of your grant is a win-win for LSU Law and activities and accomplishments. IPNO,” said Frank X. Neuner Jr., managing partner at NeunerPate in Lafayette Email your news items and photos to: LSBA Publications Coordinator and a 1976 LSU Law graduate who was Darlene LaBranche at [email protected]. instrumental in establishing the collabo- ration between LSU Law and IPNO. “It Or mail press releases to: will provide the students with practical Darlene LaBranche, Publications Coordinator experience and an opportunity to learn Louisiana State Bar Association from experienced IPNO lawyers while 601 St. Charles Ave. providing IPNO with additional resourc- New Orleans, LA 70130-3404 es for its core mission of freeing wrongly convicted innocent people,” he said.

Louisiana Bar Journal December 2020 / January 2021 296 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 297 Vol. 68, No. 4 www.lsba.org LOCAL/SPECIALTY BARS Griffith Installed as 2020- 21 President of FBA New Orleans Chapter

Steven F. Griffith, Jr., a shareholder in the New Orleans office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, was elected 2020-21 president of the Federal During the Shreveport Bar Association’s (SBA) Sept. 23, 2020, luncheon Bar Association (FBA) New Orleans at the Petroleum Club, Caddo Parish District Attorney James E. Stewart, Chapter during the Sept. 8, 2020, Chapter Sr., second from left, was presented with the SBA’s Liberty Bell Award. Presenting the award was Curtis R. Joseph, Jr., 2019-20 SBA president. Annual Meeting. From left, Judge Carl E. Stewart, U.S. 5th Circuit Court of Appeals; DA During the (virtual) Annual Meeting, Stewart; Helen Stewart; and Judge Karelia R. Stewart, First Judicial Immediate Past President Judge Nannette District Court. V. Jolivette Brown, U.S. District Court, Steven F. Griffith, Jr. Eastern District of Louisiana, presided over the election of officers. In addition to Griffith, other officers are Hon. Donna P. Currault, president-elect; Michael J. Ecuyer, treasurer; Brian J. Capitelli, recording secretary; Jose R. Cot, membership chair; and Laura F. Ashley, Young Lawyers Division chair. Following the election of officers, Judge Brown presented several awards. Jose R. Cot, with Hurley & Cot, APLC, received the President’s Award. Kathryn M. Knight, with Stone Pigman Walther Wittmann, LLC, received the John R. (Jack) Martzell Professionalism Award. Attorney William C. Snowden received the Camille F. Gravel, Jr. Public Service Award. Candice Battiste, second from left, with Legal Services of North Louisiana, The Annual Meeting concluded with remarks from Chapter was the guest speaker during the Shreveport Bar Association’s (SBA) Sept. President Griffith. 23, 2020, luncheon. From left, Caddo Parish District Attorney and Liberty Bell Award recipient James E. Stewart, Sr.; Battiste; Kendra Joseph; and Curtis R. Joseph, Jr., Winchell & Joseph, LLC, 2019-20 SBA president.

LBF’s 35th Annual Fellows Gala is April 23, 2021 The Louisiana Bar Foundation (LBF) Professor John M. Church; and 2019 Also available are sponsorship op- will celebrate the 35th Annual Fellows Calogero Justice Award Hon. Bernette portunities for 365 Days of Justice, an Gala on Friday, April 23, 2021. The gala, Joshua Johnson. interactive fundraiser featuring each day the LBF’s largest annual fundraiser, is In the event of a resurgence of of the year. For more information on the at the Hyatt Regency New Orleans, 601 COVID-19, the LBF will host a hybrid/ 365 Days of Justice or the Gala, contact Loyola Ave. virtual Gala. Laura Sewell at (504)561-1046 or email This year, the LBF will honor the 2020 The LBF is also seeking Gala spon- [email protected]. For more Gala Distinguished Jurist Guy P. Holdridge; sors. Sponsorship levels include tickets to information, contact Danielle J. Marshall 2020 Distinguished Attorney Linda Law the Patron Party and Gala, recognition in at (504)561-1046 or email danielle@rais- Clark; 2020 Distinguished Professor various printed and online products, and ingthebar.org. Donald W. North; and the 2020 Calogero a sponsor gift by New Orleans artist India Discounted rooms are available Award recipient Hon. William J. Knight. Stewart. Read more about the various Thursday, April 22, and Friday, April 23, In addition to celebrating the 2020 sponsorship levels and benefits at: www. 2021, at $259 a night. To make a reservation, honorees, the LBF will recognize 2019 raisingthebar.org/gala. call the Hyatt at 1(800)233-1234 and refer- Distinguished Jurist Robert H. Morrison Individual tickets to the gala are $200. ence “Louisiana Bar Foundation” or go to III; 2019 Distinguished Attorney Marcus Young lawyer individual gala tickets are https://www.hyatt.com/en-US/group-book- V. Brown; 2019 Distinguished Attorney $150. Purchase tickets online at: www. ing/MSYRN/G-LARB. Reservations must be Mary Terrell Joseph; 2019 Distinguished raisingthebar.org/gala. made before Thursday, March 25, 2021.

Louisiana Bar Journal December 2020 / January 2021 298 Vol. 68, No. 4 www.lsba.org LOUISIANA BAR FOUNDATION President’s Message The Spirit of the Season: Giving By 2020-21 President Harry J. (Skip) Philips, Jr.

s we reach the end of the access to civil legal curity or health care is in jeopardy; year, and this has been a heck services that they ► assist consumers impacted by im- of a year, let us not overlook need. Working to- proper lending practices; the spirit of the season — gether, we can meet ► keep people in their homes; AGiving. During this busy holiday season, the legal needs of ► advise workers denied lawful wag- our personal and professional to-do lists our state’s most vul- es and benefits; grow increasingly long. Please remem- nerable people. ► support disabled people denied op- ber to put the Louisiana Bar Foundation Because of your portunities; and (LBF) on your list this year and consider support, the LBF is ► guide immigrants who work the a tax-deductible gift. able to: Harry J. (Skip) lowest-wage jobs without benefits or The LBF is the state’s largest funder ► help commu- Philips, Jr. contracts. of civil legal aid. We partner with a trust- nities by helping their citizens devastated Make your gift online at www.raised network of more than 70 organiza- by natural disasters and the pandemic; ingthebar.org/YearEnd or mail directly tions that lead community-driven efforts ► empower women who are victims to the LBF, Ste. 1000, 1615 Poydras St., to help families facing non-criminal, civ- of domestic violence; New Orleans, LA 70112. If you have any il legal challenges. Our goal is to make ► protect children who need a stable questions, contact Development Director sure that all Louisianans, regardless of home or special education; Laura Sewell at (504)561-1046 or email their background or income level, have ► aid the elderly whose economic se- [email protected]. Gov. Edwards Proclaims Kids’ LBF Seeking Nominations for Chance Awareness Week; 2021 Boisfontaine Award Applications Online The Louisiana Bar Foundation (LBF) is seeking nominations for the 2021 Curtis R. Boisfontaine Trial Advocacy Award. Gov. John Bel Edwards proclaimed Nov. 9-13, 2020, as Nominations must be received in the LBF office by Monday, Feb. Kids’ Chance Awareness Week in Louisiana. The Louisiana 8, 2021. Bar Foundation’s (LBF) Kids’ Chance Scholarship Program Nominations should include the nominee’s name and con- is for dependents of Louisiana workers’ killed or permanently tact information, a brief written statement on the background of and totally disabled in a work accident. Every year, the en- the nominee, as well as reasons why the nominee is proposed as tire Kids’ Chance community (now in 48 states) dedicates one the award recipient. Nominations should be forwarded to LBF special week to raise awareness of Kids’ Chance Scholarship Communications Director Dennette Young, Ste. 1000, 1615 Programs nationwide. Poydras St., New Orleans, LA 70112, or email dennette@rais- Applications for the 2021-22 academic year are now avail- ingthebar.org by the deadline. able online. The deadline to apply is Feb. 26, 2021. The recipient will receive a plaque and $1,000 will be donated Do you have clients whose dependents are eligible for a in the recipient’s name to a non-profit, law-related Louisiana pro- Kids’ Chance scholarship but are too young for college? Advise gram or association of the recipient’s choice. them to sign up for “Planning for the Future.” When the time This trial advocacy award was established through an endow- is right, Kids’ Chance will make contact: www.kidschance.org/ ment to the Louisiana Bar Foundation in memory of Curtis R. planning-for-the-future/. Boisfontaine, who served as president of the Louisiana State Bar For more information about LBF Kids’ Chance: https:// Association and the Louisiana Association of Defense Counsel. raisingthebar.org/programs-and-projects/kids-chance-schol- Generous donations from Sessions, Fishman, Nathan & Israel, arship-program. For program guidelines: https://raisingthe- LLP, the Boisfontaine Family and friends established the fund. bar.org/kids-chance-scholarship-program/kids-chance-schol- The award is given to a Louisiana attorney who exhibits long- arship-guidelines. standing devotion to and excellence in trial practice and upholds For more information, contact Dee Jones, (504)561-1046 or the standards of ethics and consideration for the court, litigants and email [email protected]. all counsel.

Louisiana Bar Journal December 2020 / January 2021 298 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 299 Vol. 68, No. 4 www.lsba.org experience, federal and state litigation. Any person(s) concurring with or oppos- ServicesSERVICES Available for briefs, research, court ap- ing this petition must file notice of same pearances, analysis of unusual or problem within 30 days with the Louisiana Attor- Texas attorney, LSU Law 1985. Admit- cases. References on request. Catherine ney Disciplinary Board, Ste. 310, 2800 CLASSIFIED ted in Louisiana and Texas. I am available Leary, (504)436-9648, statewide services, Veterans Memorial Blvd., Metairie, LA to attend hearings, conduct depositions, registered office Jefferson Parish. 70002. ADS ONLINEact AT as localWWW.LSBA.ORG counsel and accept referrals CLASSIFIED NOTICES for general civil litigation in the Houston Northwest Florida counsel. Louisiana Michael J. Riley, Sr. has applied for area. Contact Manfred Sternberg, Jr. at attorney with 32 years’ experience, and readmission to the Louisiana State Bar Standard classified advertising in our regu- and(713)622-4300; development. email Email manfred@mstern résumé and- licensed in Florida, available for referral Association. Any person(s) may file a lar typeface and format may now be placed POSITIONS OFFERED oneberg.com writing. sample to Dominic Gianna, of civil and criminal matters from Pen- concurrence or opposition to his applica- in the Louisiana Bar Journal and on the [email protected]. sacola to Panama City. Contact John F. tion within 30 days of publication of this LSBA Web site, LSBA.org/classifieds. Lafayette healthcare firm seeking Mobile, Ala., attorney accepting refer- Greene, Ste. 210, 4507 Furling Lane, notice to the Louisiana Attorney Disci- All requests for classified notices must attorney with one-three years’ experience Establishedrals of personal New injuryOrleans claims law firm in Southseeks Destin, FL 32541. Call (850)424-6833 or plinary Board, Ste. 310, 2800 Veterans be submitted in writing and are subject in regulatory and transactional matters. to approval. Copy must be typewritten anAlabama, experienced including associate automobile, in litigation work- (504)482-9700; or visit www.destinattor- Memorial Blvd., Metairie, LA 70002. Must be willing to relocate to Lafayette. and payment must accompany request. toers’ focus compensation on a practice and predominately slip & fall acci in- neyjohngreene.com. 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Excellent referral sys- Contact (504)619-0131 or (800)421-LSBA, inity court. of legal The services ideal candidate provided will is greater have AV-rated boutique insurance defense firm tem among 35 lawyers. Includes sec- ext. 131. somethan the trial quality experience of legal and services be flexible. provided The Krystal Bellanger-Rodriguez in New Orleans seeks associate attorney retarial space, receptionist, telephones, positionby other isattorneys.” available to include full-time at Non-members of LSBA for litigation practice. Some experience voice mail, Internet, conference rooms, and part-time positions with a competitive (504)619-0131 or email $85 per insertion of 50 words or less preferred but not necessary. Excellent kitchen, office equipment and parking. salary.Appellate The firmbriefs, also motionsneeds an ,experienced legal re- [email protected] $1 per each additional word opportunity for an individual looking to Walking distance of CDC, USDC and $20 for Classy-Box number legalsearch. secretary Attorneys: and the appellateparalegal. process Email is work in a small, collegial atmosphere your last chance to modify or defend your many fine restaurants. Call Cliff Cardone résumés to: [email protected]. or Kim Washington at (504)522-3333. ANSWERS for puzzle on page 298. Members of the LSBA and develop hands-on experience as an judgment. Lee Ann Archer, former Loui- 1 2 3 4 5 6 B I E N V E N U E E L M $60 per insertion for 50 words or less advocate. Compensation commensurate siana Supreme Court clerk and Tulane $1 per each additional word Stewart Robbins Brown & Altazan, A L E O L P with experience and fringe benefits package. NoticeNOTICE 7 8 9 L.L.C.,Law honors is seeking graduate, an associate offers bankruptcy your best No additional charge for Classy-Box Mail confidential résumé to: C-Box 290. R E V I S I T A B I T A number attorneychance, to with join superiorits Baton Rouge appellate office briefs, and Notice is hereby given that Steven T E E H S S T 10 11 beoutstanding part of a team legal representing research, pinpoint Chapter re7- Courtney Gill intends on petitioning for H O N E Y R A T I O C Aaron & Gianna, PLC, a mid- Screens: $25 bankruptcycord review trustees,and 20-plus unsecured years ofcreditor appel- reinstatement to the practice of law. Any O O I D H sized New Orleans firm with a 12 13 Headings: $15 initial headings/large type committees,late experience. corporate Confidential; debtors, creditors statewide person(s) concurring with or opposing this L L A F O U R C H E A national practice, seeks an attorney service; fast response. 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Louisiana Bar Journal December 2020 / January 2021 300 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 301 Vol. 68, No. 4 www.lsba.org LEGAL SERVICES DIRECTORY To advertise in this directory, contact Krystal Bellanger-Rodriguez at (504)619-0131 or email [email protected]

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Louisiana Bar Journal December 2020 / January 2021 302 Vol. 68, No. 4 www.lsba.org Louisiana Bar Journal December 2020 / January 2021 303 Vol. 68, No. 4 www.lsba.org The Last Word Hygiene now includes free hand sanitizer and masks everywhere we go. We can have clean hands and clean shopping carts while everything else in the store is probably contaminated. On the Vacation travel has evolved into the novel “staycation” where you don’t go on a trip, but you just stay home . . . like you did yes- terday and the day before, but you rent a movie, order a pizza and convince yourself that this is fun. Sunny Side of the You are “working” at home. Your fridge is right there. Enough said. And you can’t find your scale. Stockpiling was rampant at the beginning of this pandemic. Just (2020) Street WHY did everyone feel like they needed 50 rolls of toilet paper, just in case? In case of what? And don’t even THINK about trying to buy a bottle of Lysol. Now we’ve all learned to pace our panic. By Edward J. Walters, Jr. and Vincent P. Fornias How fun is this? Have you ever watched a Zoom conference and tried to read the names of the books in the background to see what uch has been written, texted, blogged, podcasted this lady is reading, or what she puts in her background to make you and tweeted (and cursed) about this year. think she actually read all those gold-leafed, leather-bound books? Let’s look at 2020 in our rearview mirror Suddenly we all have a failsafe response to fundraisers: “I’m from a different angle . . . a good angle . . . a posi- sorry. I think I got exposed and I am quarantining.” (Incidentally, tiveM angle, and, hopefully, a humorous angle. As Mad Magazine do you know the derivation of the word quarantine? Well, accord- used to say: Humor in a Jugular Vein. ing to the fountain of all knowledge — Google — ships arriving What can we take from this bucket of vermin that has inter- in Venice from infected ports were required to sit at anchor for 40 rupted and changed our lives, and our practice of law, forever? days before landing as disease prevention related to the plague. Forever? This was derived from the Italian words quaranta giorni which Yes, forever. either means 40 days or a new flavor of pizza.) Life can change in an instant and we need to be prepared and 2020 liberates YOU from the res ipsa old codger line, “You resilient. Next to sharks and armadillos, lawyers are the most resil- think this is bad, you should have been here in 1968.” ient species that exists. We are used to adversity. We THRIVE on Selfishly, one of the co-authors gets to don a facemask featuring adversity. If there were no adversity, we’d be out of business. Van Gogh’s “Starry Night,” allowing him to tell everyone who sees We ALL have learned to appreciate what we had, even though we it that his namesake couldn’t use it anyway. didn’t appreciate it at this time last year — workers in our grocery You can read (or do) what you want during CLE presentations. stores, health care providers, pizza deliverers, SCHOOL TEACHERS! No more dirty looks if you take a call, shop or play Battleship. OK, enough of that. BUT 2020 WAS kinda funny, right? Right? Think of the savings on Starbucks, dry cleaning, event tickets Consider . . . . and parking expenses. Virtual lawyering means not having to wear pants to go to Hallelujah! Your senior partner is finally divested of two confer- a hearing . . . or socks or shoes for that matter. Depos are even ence rooms and three assistants. MORE casual. You can attend in your jammies. Of course, superimposed on this life in The Twilight Zone is the You get drive-by continuances in all of those dog cases you sobering and unprecedented devastation of all those hurricanes and didn’t want to try, anyway. the threat of those yet to come. A bright side? Look at how we, as Think of the savings on gas and depreciation. “Zoom” depos lawyers, came together to help others. And we did, after all, get a in far-off towns and not having to go to Podunkville to attend a refresher course on the Greek alphabet. May we never know what pretrial conference conducted by the judge’s law clerk. comes after Omega. Time is like the old Twilight Zone. All of a sudden, it’s 3:30 and And soon, if all goes right, you will be spared scores of mes- you haven’t done jack diddly. You were gonna finish that memo sages a day declaring “we’re all in this together.” and return some calls or emails, but Judge Mathis came on. Edward J. Walters, Jr., a partner in the Baton Rouge For years you always wanted to clean that closet or the garage firm of Walters, Papillion, Thomas, Cullens, L.L.C., is a former Louisiana State Bar Association secretary but you didn’t have time. Now you know that wasn’t the reason. and editor-in-chief of the Louisiana Bar Journal. He Yes, we’ve all understood social distance, but what about all is a current member of the Journal’s Editorial Board the social closeness? Being around everyone in your family 24/7 is and chair of the LSBA Senior Lawyers Division. (wal- great . . . for a while. But then you see them reach for the Cutty Sark [email protected]; 12345 Perkins Rd., Bldg. 1, Baton Rouge, LA 70810) on the rocks. Also, who taught YOU how to be a teacher? Binge-watching: You get caught up on every episode of The Vincent P. Fornias, whose musings appeared in this Office, Seinfeld and The Andy Griffith Show. publication for decades, has since authored two books What is your preferred way to say hello now that you can’t shake and handles arbitrations and early neutral evaluations on the panel of neutrals of Perry Dampf Dispute hands? You surely don’t want to actually TOUCH another human Solutions. ([email protected]; 1666 Belmont Ave., being, do you? So you’ve devised a few greeting choices — the fist- Baton Rouge, LA 70808) bump, the elbow tap, the nod, the thumbs-up, or the ever-popular “don’t even look in their direction.”

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