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___ I want to take advantage of the End of Year Special for a total Please fill in blanks. FORMDISKTM ships in CD format only. price of $198.00. ___ I also want ___ additional copies for use in multiple computers for System Information (pick one): PC (IBM Compatible) Macintosh a cost of $25.00 per additional copy. My word processing program is: Make checks payable to Template, Inc. Word Works Name: ______Word Perfect Other ______Bar No.______Tel.______Fax______Please charge to my: VISA MasterCard Address :______Card No.:______Exp. ______Signature ______Email Address : ______

Order FORMDISK™ 2005 using this order form or call or write for more information. Template, Inc., P. O. Box 11810, New Iberia, LA 70562-1810 Order by telephone with VISA or MasterCard. (337) 367-3643 • Fax: (337) 365-5965 Louisiana Bar Journal Vol. 53, No. 2 89 SERVING LOUISIANA LAWYERS FOR 15 YEARS Kick it up a notch.

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For more information and to take advantage of this limited-time offer, contact your LexisNexis Account Representative or call 800.533.1637 (Mention Code 203661). LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. *Offer expires December 31, 2005. Available to new print code subscribers only. Other products or services may be trademarks or registered trademarks of their respective companies. Some restrictions may apply. © 2005 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL8220 90 August/September 2005 August/September 2005 Volume 53, Number 2

T A B L E O F C O N T E N T S

Diversity in the FEATURES Diversity Spotlight: Entergy Corporation Legal Profession Journey to a Special Issue By Robert D. Sloan Past... Present... Future 103 126 Diversity Job Fair COVER PHOTOS History: Black Lawyers in Louisiana Prior to 1950 Planned for Oct. 7 By Rachel L. Emanuel By Donald R. Cravins, Jr. 104 130

History Part 2: Louisiana Book Review African-American Lawyers Laws, Customs and Rights: from 1950 Forward Charles Hatfield and His Family, By Darrel J. Papillion A Louisiana History 110 By Evelyn L. Wilson Alexander Pierre Tureaud, Sr. Reviewed by Gail S. Stephenson Photo courtesy of LSU University Relations Are Women Still a Minority? 132 By Marta-Ann Schnabel 114 It’s a Wrap! Annual Meeting 2005 Diversity Initiatives of 137 Invitation-Only Organizations By Monique R. Gougisha 118 DEPARTMENTS Asian-Americans and Members of Southern University Law Bar Diversity Efforts Member Services ...... 98 Center’s first graduating class in 1950. President’s Message ...... 100 Caption on page 104. By Joy Lyu Monahan Photo courtesy of Southern University Law Center 120 Association Actions ...... 134 Lawyers Helping Lawyers ...... 136 Best Practices to Achieve Focus on Professionalism ...... 156 Diversity Pro Bono ...... 158 By Kim M. Boyle Recent Developments ...... 160 122 Young Lawyers ...... 173 Judicial Notes ...... 176 Diversity Within Louisiana People ...... 178 Client Assistance Fund...... 180 Law Schools Discipline Reports ...... 182 By Winston G. DeCuir, Jr. Classified ...... 184 Members of the LSBA Task Force on 124 Diversity in the Profession News ...... 188 List of members on page 103. Cover design by Shelly A. Buckel Lucid Intervals ...... 200

Louisiana Bar Journal Vol. 53, No. 2 91 Officers 2005-06 President Frank X. Neuner, Jr. • (337)237-7000 Editorial Board President-Elect Marta-Ann Schnabel • (504)799-4200 Editor Shannan L. Hicks Secretary E. Wade Shows (318)671-8102 E. Wade Shows • (225)346-1461 ® (225)346-1461 Margaret E. Judice Treasurer (337)828-1880 Kim M. Boyle • (504)679-5790 Managing Editor Kym K. Keller Chair, Young Lawyers Section Darlene M. LaBranche (504)569-7405 Dona Kay Renegar • (337)237-4370 (504)619-0112 Amelia W. Koch Immediate Past President (504)566-5222 Michael W. McKay • (225)389-1060 Board Members Lawrence E. Marino Susan E. Bryson (337)233-1100 Board of Governors 2005-06 (504)589-7545 Judge Mark D. Plaisance First District Judge Robert J. Burns (225)775-5297 Patricia A. Krebs • (504)582-3800 (504)779-5703 Gail S. Stephenson Ronald J. Sholes • (504)585-0479 John “Chip” S. Coulter (225)771-4900, ext. 267 Second District (225)326-6405 Lucie E. Thornton Joseph A. Conino • (504)834-9010 Craig M. Freeman (985)892-9604 Third District (225)578-7381 Katherine Tonnas Steven G. “Buzz” Durio • (337)233-0300 Edward C. Gleason (504)367-5939 Fourth District (504)523-2111 Edward J. Walters, Jr. James R. Nieset • (337)436-0522 (225)766-1100 Fifth District Celia R. Cangelosi • (225)387-0511 Sixth District The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly in the William M. Ford • (318)442-8899 months of February/March, April/May, June/July, August/September, Octo- Seventh District ber/November and December/January by the Louisiana State Bar Associa- Richard L. Fewell, Jr. • (318)388-3320 tion, 601 St. Charles Avenue, New Orleans, Louisiana 70130. Telephone: Eighth District (504)566-1600. Periodicals postage paid at New Orleans, Louisiana and Edwin L. Blewer, Jr. • (318)227-7712 additional offices. Annual subscription rate for members is $5, which is At-Large Members included in the dues; and for nonmembers, $45 (domestic) and $55 (foreign). Pamela W. Carter • (504)566-5200 Canada Agreement No. 40843510. Canada return address, Station A P.O. Paula Hartley Clayton • (225)344-1988 Box 54, Windsor, Ontario N9A 6J5. E-mail [email protected]. Shannan L. Hicks • (318)671-8102 Postmaster: Send change of address to: Louisiana State Bar Journal, 601 LSU Paul M. Hebert Law Center St. Charles Avenue, New Orleans, Louisiana 70130. John M. Church • (225)578-8701 Publication of any advertisement shall not be considered an endorsement of Tulane Law School the product or service involved. Manuscripts are welcome and preparation Raymond T. Diamond • (504)865-5962 instructions may be obtained on request. The right is reserved to select Louisiana State Law Institute materials to be published. Material accepted for publication becomes the Joseph W. Mengis • (225)767-7730 property of the Louisiana State Bar Association. House of Delegates Liaison Chair Statements or expressions of opinion appearing herein are those of the James E. Boren • (225)387-5786 authors and not necessarily those of the Association, Journal or editors. Copyright 2005, by Louisiana State Bar Association. Editorial Staff Editor Luminary Award E. Wade Shows 2003 Executive Director National Association Loretta Larsen, CAE of Bar Executives Communications Director Communications Section Judy Boudreaux Excellence in Regular Publications Coordinator/Managing Editor Publications Darlene M. LaBranche Marketing Coordinator INTERNATIONAL ASSOCIATION OF Germaine A. Tarver BUSINESS Communications Coordinator PUBLIC RELATIONS SOCIETY COMMUNICATORS OF AMERICA Shelly A. Buckel NEW ORLEANS Advertising Questions? NEW ORLEANS CHAPTER CHAPTER (504)619-0112 AWARD OF BRONZE QUILL AWARD OF MERIT

92 August/September 2005 Now It’s Personal

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LexisNexis and the Knowledge Burst logo are registered trademarks, and My Lexis is a trademark of Reed Elsevier Properties Inc., used under license. It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. © 2005 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL8221 Louisiana Bar Journal Vol. 53, No. 2 93 The Andry Law Firm is based on the principles our father taught us – honesty and integrity. Our results are born from an unrelenting determination to achieve the best possible outcome Solid experience can only be built for our clients. In short, we strive to maximize the value of our clients’ claims. Regarding select plaintiffs’ cases for referral, if you upon a foundation of legal ethics. need a firm that has a proven track record involving Serious Personal Injuries, Wrongful Deaths, Mass Torts, Class Actions, Environmental or Maritime, then give us a call. We can help!

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94 August/September 2005 Mark Your Calendars! LSBA CLE Opportunities

Employment Law Update 2005 6th Annual Class Aug. 26, 2005 Action/Mass Tort Symposium New Orleans Oct. 21, 2005 New Orleans 13th Annual Admiralty Symposium Breaking Down the Walls of Sept. 2, 2005 Separation, A Day of Dialogue: New Orleans What Judges and Lawyers Can Learn from Each Other Social Security Disability Law: Nov. 4, 2005 Keeping Up with the Changes New Orleans Sept. 9, 2005 New Orleans Professional Liability in the 21st Century: Civil, Criminal and Procrastinator’s Special: Ethical Issues Recent Developments Nov. 11, 2005 in Bankruptcy New Orleans Sept. 23, 2005 New Orleans Workers’ Comp Nov. 17, 2005 Ethics & Professionalism Baton Rouge Sept. 27, 2005 Lafayette CLE and the City! Multi-Topic CLE Exploring the Wild Side Nov. 19-21, 2005 of Insurance Law New York, N.Y. Sept. 30, 2005 New Orleans Ethics & Professionalism: Watch Your P’s and Q’s Ethics & Professionalism Dec. 2, 2005 Oct. 7, 2005 New Orleans New Orleans Summer School Revisited Fear Factor: Electronic Dec. 8-9, 2005 Discovery Law & Practice New Orleans Oct. 14, 2005 New Orleans For more information, visit our Web site at LSBA.org or contact 45th Bridging the Gap Annette C. Buras or Vanessa A. Oct. 18-19, 2005 Duplessis at (504)566-1600 New Orleans or (800)421-LSBA.

Louisiana Bar Journal Vol. 53, No. 2 95 By structuring your transaction as a Section 1031 Tax Deferred Don’t Pay Capital Gain Taxes. Exchange, you may not have to pay any capital gain taxes upon the sale of your business or investment property. Even if your property has increased dramatically in value, you can reinvest all of the proceeds and make them work for you. When undertaking a 1031 exchange, the choice of your qualified intermediary is the most important decision you will make. When you choose the attorney-managed offices of LandAmerica 1031 Exchange Services, you’re choosing expertise, ingenuity and unmatched security for your funds. LandAmerica 1031 Exchange Services, a subsidiary of LandAmerica Financial Group,Inc.,(NYSE: LFG), a Fortune 500 Company, is the premier qualified intermediary, serving your exchange needs in all fifty states.

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96 August/September 2005

Louisiana Bar Journal Vol. 53, No. 2 97 MEMBER Services TOTAL LSBA MEMBERS: 19,681

Louisiana Hotels Lake Charles The following hotels have Best Western Louisiana State Bar Association agreed to corporate dis- Richmond Suites 601 St. Charles Ave. • New Orleans, La. 70130 count rates for LSBA mem- (337)433-5213 bers. Call the hotel for the Shreveport (504)566-1600 • (800)421-LSBA Nationwide WATS line/members only current discounted rates. Sheraton Shreveport Fax (504)566-0930 • LSBA.org • E-mail: [email protected] When making reservations, Hotel • (318)797-9900 you must identify yourself as an LSBA member. Chain Hotels The following national ho- Programs New Orleans tel chains have agreed to For information about these LSBA programs, contact the Bar Office by Hotel InterContinental corporate discount rates for calling (504)566-1600 or (800)421-LSBA. (504)525-5566 LSBA members. Call for the Wyndham Canal Place current discounted rates. Alternative Dispute Resolution Program (504)566-7006 Fairmont Hotel Client Assistance Fund Pontchartrain (800)527-4727 Continuing Legal Education Program (800)777-6193 (415)772-5300 Ethics Advisory Service Fairmont Hotel Holiday Inn (800)527-4727 (800)HOLIDAY Lawyers’ Substance Abuse Hotline • (800)354-9334 • (504)868-4826 (504)529-4704 Use ID No. 100381739 for Legal Specialization Program Royal Sonesta Hotel reservations. Loss Prevention Counsel Judy Cannella Schott, Cynthia Oteri Butera, (504)553-2345 La Quinta (866)725-1661 Johanna G. Averill, Lindsey M. Ladouceur or Linda A. Liljedahl “W” Hotel www.lq.com (800)GILSBAR (800)777-7372 Rate Code: LABAR French Quarter (504)581-1200 Car Rental Programs Publications 333 Poydras St. The following car agencies (504)525-9444 have agreed to discount rates Louisiana Bar Journal Whitney Wyndham for LSBA members. “Bar Briefs” (504)581-4222 Avis Louisiana Bar Today (online newsletter) Iberville Suites Discount No. A536100 (504)523-2400 (800)331-1212 (A Ritz Carlton Hertz Online Services Property) Discount No. 277795 MCLE Transcripts Hotel Monaco (800)654-3131 Louisiana Bar Today Opinion Service (504)566-0010 Baton Rouge Other Vendors Membership Directory Radisson Hotel The following vendors have (225)925-2244 agreed to discount rates for Young Lawyers Section Ask for the “Executive Ad- LSBA members. vantage Rate” when making ABA Members Bridging the Gap your reservations. Retirement Program Mentor Program Sheraton Hotel & (800)826-8901 Young Lawyers’ Directory Convention Center Airborne Express (225)242-2600 (800)443-5228 Marriott Lexis/Mead Data Central Technology (225)924-5000 (800)356-6548 Technology Resource Center Richmond Suites Hotel MBNA America® Bank Thorne D. Harris III, Technology Consultant (225)924-6500 •MBNA Platinum PlusSM Credit Card (504)838-9108 • fax (603)462-3807 • e-mail: [email protected] Lafayette Hilton Lafayette •GoldSavers Money Market Account and Towers •GoldCertificate CD Insurance through Gilsbar (800)33CAJUN Account Hotel Acadiana Group Insurance • GoldOption Loan (800)826-8386 • GoldReserve Line Major Medical (337)233-8120 of Credit Disability Use VIP No. 71 when mak- (800)441-7048 Malpractice ing your reservations. United Parcel Service (800)325-7000 (800)GILSBAR • (504)529-3505 • See inside back cover

98 August/September 2005 Perry, Dampf, Watts & Associates, L.L.C. Professional Mediators, John W. Perry, Jr. Robert S. Dampf Lawrence L. Watts Arbitrators and Negotiators

Baton Rouge

Robert J. Burns, Jr. Jay Dardenne Carpice Ieyoub, Ph.D. Melanie Newkome Jones Glen Scott Love

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A.J. Krouse Walter F. “Wally” Marcus, III Maurice Mathieu

North Louisiana South Louisiana

Brian Crawford Brian Homza Richard Hymel Katherine Loos Emmett Sole

721 Government Street, Suite 102 | Baton Rouge, Louisiana 70802 (225) 389-9899 phone | (225) 389-9859 fax | (866) 389-9899 toll-free | www.perrywatts.com Louisiana Bar Journal Vol. 53, No. 2 99 President’sMESSAGE WHAT IS TRUE PROFESSIONALISM? By Frank X. Neuner, Jr.

o you care what people think The Professionalism Center cently adopted a formal mentoring pro- about you? Do you consider gram for all newly admitted lawyers. The Dyourself to be Professional? will help us expand the program, effective July 1, 2005, requires Does it matter to you if other lawyers and concept of Professionalism every new lawyer other than judicial judges consider you to be Professional? clerks to have a mentor. The program What is true Professionalism? These are beyond discussions of offers the option for the mentor to be a questions which can evoke many civility. Professionalism partner in the firm with which the new responses. lawyer is employed, or alternatively, the “Professional” is not a label that you programs will include Bar Association Mentoring Committee can give to yourself; rather it is a descrip- issues such as diversity, can pair the new lawyer with a seasoned tion that you hope others will apply to pro bono obligations, attorney. The LSBA will monitor the you. Professionalism implies “pride in Georgia program to assess its effective- work, or commitment to quality, a dedi- public interest lawyering ness in improving new lawyer compe- cation to the interest of the client and a and community service. tency and overall Professionalism within sincere desire to help.”1 If Professional- the Georgia Bar. ism is more an attitude or an aspiration, If “Professional” is not a label that we how do we develop it and nurture it in can properly give ourselves, but instead ourselves and in others? Some suggest Professional; most importantly, he knew is a description that we hope others will that it cannot be taught or preached. In- the proper approach to the practice of use, then one area we lawyers in Louisi- stead, they say, it is an inherent trait that law. John was a hard worker who was ana must re-examine is lawyer advertis- we either have by virtue of the lessons we always in the office early. He treated his ing. It is my belief that the public’s per- learned in childhood, or that we don’t clients as though they were his friends, ception of lawyers has been greatly influ- have — presumably because the lessons which meant that he cared about them, enced by the proliferation of lawyer ad- were not properly taught.2 While each their businesses and their legal problems. vertisements over the last 20 years. This individual’s Professionalism (or lack of His upbeat, positive, “can-do” attitude is admittedly a free speech issue, but it) may have its roots in upbringing, I set an example for me as a young lawyer. advertisements that guarantee results or believe that the components of a Profes- Indeed, because of John’s mentoring, I tout the amount of money recovered by sional attitude involve much more com- have achieved things in my career that I clients are misleading. They call into plexity than the lessons we learned while never even considered attainable when I question the fundamentals of our court being raised. In truth, the attitude of a graduated from law school almost 30 system, taking the emphasis away from Professional is a composite of all of that years ago. Sadly, I can never fully repay “justice” and making it all about a quick person’s experiences. Professionalism, him this debt of gratitude, since he died economic return. In short, these adver- in my view, is directly derivative of those prematurely of cancer at the very young tisements eat away at our Professional- by whom we have been greatly influ- age of 55. ism, both by way of image and reality. enced throughout our careers. The special relationship that I enjoyed Our colleagues at the Florida Bar As- In my own case, I have been inspired with John taught me much, but not every- sociation have led the way in regulating in my career not only by my parents, who one is lucky enough to have a John Torian. unprofessional and misleading advertis- taught me the value of hard work, dili- What can the Bar do to make this experi- ing by lawyers by creating guidelines that gence and honesty, but also by a great ence available to everyone? A well-coor- require every advertisement other than a lawyer, John Torian. John was one of my dinated and mandatory mentoring pro- “Tombstone Ad” to be submitted to the first mentors and partners, and he taught gram is one approach that is being tried Florida Bar Association Advertising me by example. He knew how to “walk elsewhere and may work in Louisiana as Committee for preapproval. I will ask the the walk;” he knew what it takes to be a well. The Georgia Bar Association re- Rules of Professional Conduct Commit-

100 August/September 2005 tee, which is ably chaired by Rick Stanley Nominating Committee to Meet Aug. 26 of New Orleans, to study the Florida model and make recommendations re- to Nominate President-elect, Treasurer garding lawyer advertising in Louisiana. Finally, we will create a Professional- The Nominating Committee of the Louisiana State Bar Association will meet ism Center this year. Through the efforts Friday, Aug. 26 to nominate a president-elect for the 2006-07 term and a treasurer for of the Professionalism & Quality of Life the 2006-08 term. The president-elect will automatically assume the presidency in Committee, which will be co-chaired by 2007-08. According to the president-elect rotation, the nominee must come from former LSBA President, E. Phelps Gay, Nominating Committee District 2. According to the treasurer rotation, the nominee and Bobby Delise, we plan to have the must come from Nominating Committee District 3. (For the list of parishes in these Center up and running soon.3 One of its districts, see the July 2005 “Bar Briefs,” now available on the LSBA Web site, missions will be to enhance the Profes- www.lsba.org. Click on “Publications” and follow the prompts.) sionalism CLE programs offered through- Any member interested in seeking the position of president-elect or treasurer should out the state. The Center will help us immediately contact members of the Nominating Committee. (See below.) expand the concept of Professionalism beyond discussions of civility. Profes- sionalism programs will include issues Chair fax (504)833-1522 such as diversity, pro bono obligations, • Frank X. Neuner, Jr. [email protected] public interest lawyering and community (337)237-7000 • Mickey S. deLaup fax (337)233-9450 service. This broader range of program- (504)836-6500 [email protected] fax (504)836-6565 ming was originally envisioned when the [email protected] CLE requirement was adopted by the District 1A Louisiana Supreme Court, and lawyers • Jack C. Benjamin, Jr. District 2C who embrace these discussions and learn (504)581-6062 • Daniel A. Cavell more about these issues will be develop- fax (504)522-9129 (985)449-7500 ing the characteristics of well-balanced [email protected] fax (985)449-7520 Professionals. The Center will also fa- • Kim M. Boyle [email protected] cilitate Professionalism programs at the (504)566-1311 fax (504)568-9130 law schools and build on the already District 3A [email protected] • Steven G. Durio successful first-year Professionalism • Paul B. Deal (337)233-0300 Orientation programs by adding programs (504)599-1201 fax (337)233-0694 for second- and third-year students. fax (504)599-1212 [email protected] In closing, I would be remiss if I did [email protected] not say how humbled and honored I am • Phillip A. Wittmann District 3B to serve as the 65th President of the (504)593-0804 • Robert S. Dampf Louisiana State Bar Association. I look fax (504)596-0804 (337)436-9491 forward to working for you to make the [email protected] fax (337)493-7210 Bar a more meaningful association for [email protected] District 1B all of us. • Adrianne L. Baumgartner District 3C (985)893-4790 • D. Beau Sylvester, Jr. FOOTNOTES fax (985)893-1392 (318)641-1550 [email protected] fax (318)641-0026 1. See True Professionalism, by David H. [email protected] Maister at page 17. District 2A 2. See Phillip A. Wittmann, June 1997, • Ralph Brewer District 3D Louisiana Bar Journal. 3. This issue of the Louisiana Bar Journal (225)387-0293 • Stephen R. Yancey includes the first of a series of Professionalism fax (225)387-6212 (318)227-7743 columns which will be authored by members • Frank A. Fertitta fax (318)227-7850 of the Professionalism Center. See page 156. (225)924-1600 [email protected] fax (225)924-6100 [email protected] District 3E • Thomas G. Zentner, Jr. District 2B (318)388-4454 • William C. Credo III fax (318)388-4474 (504)668-0766 [email protected]

Louisiana Bar Journal Vol. 53, No. 2 101 On Sale! Louisiana Professional Responsibility Law and Practice 2004

Incorporates all revisions to the Louisiana Rules of Professional Conduct adopted by the Louisiana Supreme Court in January 2004 on recommendation of the LSBA Ethics 2000 Committee.

Contains in-depth annotations with Louisiana case law discussing, applying and interpreting the Louisiana Rules of Pro- fessional Conduct.

Includes extensive cross-references to the American Law In- stitute Restatement of the Law Governing Lawyers (2000).

Comprehensively indexed to guide practitioners to rules relevant to hundreds of professional responsibility topics.

Reprints selected LSBA and ABA professionalism guidelines and litigation-conduct standards.

Edited and annotated by Dane S. Ciolino, Alvin R. Christovich Distinguished Professor of Law, Loyola Law School. ISBN 0-9707819-2-X

The book includes: • Louisiana Rules of Professional Conduct (2004), Listed by Article • Disciplinary Information • Professionalism and Civility

Order Your Copy Today!

# of Copies Book Cost + S/H = Total Per Book Please send me ______copies. 1-4 copies $19.95 each $5.00 each $24.95 each 5-14 copies $16.96 each $5.00 each $21.96 each ❏ Enclosed is my check for $______. 15-24 copies $15.96 each $5.00 each $20.96 each (Make checks payable to the LSBA.) 25+ copies $14.96 each $5.00 each $19.96 each Note: The $5 shipping/handling is for EACH BOOK ordered. ❏ Pay by Credit Card: Please charge $______to my credit card: To order your copy today, complete the form below and send payment (check one) ❏ Visa ❏ MC to the LSBA, Attn: Caryl M. Massicot, 601 St. Charles Ave., New Orleans, La. 70130-3404 or fax to (504)566-0930. For more information, contact Caryl M. Massicot at (504)619-0131 or (800)421- Credit Card Account Number LSBA, ext. 131. Expiration Name as It Appears on Card Name Billing Address for Card Phone City/State/Zip Mailing Address Signature City/State/Zip

102 August/September 2005 Diversity Survey Journey to a Special Issue Statistics

Step 1. Create the Task Force on Diversity in the Profession. (Based on the responses of 4,019 This Task Force was created by then-Louisiana State Bar Association President Wayne respondents; percentages do not J. Lee. Its mission is to assess the level of racial, ethnic and gender diversity within all always equal 100% because components of the legal proof missing information.) fession in Louisiana, to identify barriers to the attainment of full and meaningful repre- Gender sentation and participation in Male 68.4% the legal profession by persons Female 28.17% of diverse races, ethnicity and gender, and to propose programs and methods by which Age the LSBA can most effectively Under 40 25.98% work to remove those barriers Over 40 70.96% and achieve greater diversity. Co-chairing the Task Force are Louisiana Supreme Court Jus- Some of the members of the Task Force on Diversity in the Geographic Area Profession, with Co-Chairs E. Phelps Gay and Hon. Metro New Orleans 44.66% tice Bernette Joshua Johnson Bernette Joshua Johnson, seated from left, and Board Li- and E. Phelps Gay. Lee serves aison Wayne J. Lee. See below for the full list of committee South 15.73% as board liaison. Its high-pro- members. Greater Baton Rouge 15.45% file membership includes several past LSBA presidents, law school deans, judges and former judges, and the state’s Central 3.63% attorney general. Committee members are Janet M. Ahern, Raul R. Bencomo, Kim M. North 8.09% Boyle, Brian Bromberger, Marcus V. Brown, Joseph E. Ching, Karl J. Connor, John Out-of-State 5.6% J. Costonis, Larry Feldman, Jr., W. Ross Foote, Charles C. Foti, Jr., James A. George, William B. Gordon III, Ben R. Hanchey, Billie J. Larry, Kelly McNeil Legier, Hon. Ivan L.R. Lemelle, Judy P. Martinez, Claudeidra Miguel Minor, Kiana M. Mitchell, Practice Environment Trina Steele Olidge, Freddie Pitcher, Jr., Lawrence Ponoroff, Michael H. Rubin, Hon. Federal .05% Max N. Tobias, Jr. and Stephen R. Yancey. State .12% Academia .85% Step 2. Commission a Survey to Gauge Diversity. The Task Force conducted an anonymous, voluntary survey to gather demographic Non-law firm .10% information on LSBA members. The five questions concerned age, ethnicity, gender, Firm 1-10 .40% geographic area and practice environment. A total of 4,019 members responded, Firm 11-40 13.24% roughly 20 percent of the total Bar membership. See survey results at right. Firm over 40 15.13% Step 3. Select a Skilled Guest Editor. Other 5.55% The Journal gratefully acknowledges the work of Michael H. Rubin, guest editor and Task Force member, for this issue. Ethnicity African-American 6.27% Step 4. Gather a Group of Savvy Authors. The Journal acknowledges the contributions of Kim M. Boyle, Asian-American .30% Donald R. Cravins, Jr., Winston G. DeCuir, Jr., Rachel L. Emanuel, Caucasian 88.65% Monique R. Gougisha, Joy Lyu Monahan, Darrel J. Papillion, Marta- Michael H. Rubin Hispanic 1.84% Ann Schnabel, Robert D. Sloan and Gail S. Stephenson. Native American .42% Step 5. Add in a few historical photos and graphics to complete the package. Other 1.67%

Enjoy the journey! — Louisiana Bar Journal

Louisiana Bar Journal Vol. 53, No. 2 103 DIVERSITY in the Legal Profession

History: Black Lawyers in Louisiana Prior to 1950

By Rachel L. Emanuel

ouisiana was reportedly the first Southern state to admit an African-American to its state Bar.1 Yet, until the establishment of the Southern University School of Law, which graduated its first class in 1950, Jim Crow laws enacted in the 1880s kept the number of African-American lawyers to a mere handful.

The First Three: Morgan, LBell and Chester

The Seventh Census of 1853 reported 622 lawyers in Louisiana, but this information was not broken down by gender or race. By 1864, the number of lawyers had grown by fewer than seven per year to 698. With their commencement, members of Southern University Law Center’s first graduating C. Clay Morgan, a free black man, class in 1950 became much-needed additions to the legal arena for African-Americans. From was listed in 1860 as a lawyer in New left, Alex L. Pitcher, Leroy White, Ellyson F. Dyson, Jesse Stone and Alvin B. Jones. Photo Orleans but little is known about him.2 courtesy of Southern University Law Center.

104 August/September 2005 There were only four states reported to have admitted black lawyers to the bar prior to that time, none of them in the South. The states included Indiana (1860s), Maine (1844), Massachusetts (1845), New York (1848) and Ohio (1854). If, as is believed, Morgan was Louisiana’s first black lawyer,3 he would have been admitted to the Bar almost 10 years earlier than the average date for the other Southern states (Arkansas, 1866; Tennessee, 1868; Florida and Missis- sippi, 1869; Alabama, Georgia, Ken- tucky, South Carolina and Virginia, 1871; and Texas, 1873). The second African-American lawyer to practice in Louisiana was Louis A. Bell, a 29-year-old graduate from Howard University’s law school, who was admitted to the Bar in New Orleans in 1871. In the Ninth Census of 1872, Louisiana reported 663 lawyers, with Morgan and Bell presumably among that number. During his four-year professional career, Bell served as chief clerk of the surveyors’ office and was responsible for the development of plans for a law department at Straight University, based in New Orleans. Straight University, whose law department existed for only 10 years, was to play a critical role in educating and graduating Louisiana’s African- American lawyers. On this admittance to the Bar, Bell was profiled in the New Orleans Semi- Weekly Louisiana, June 22, 1871. When he died at the age of 32, the New Orleans Weekly Louisianian, Oct. 10, 1874, printed a story entitled “A Colored Alexander Pierre Tureaud, Sr., “the dean of African-American lawyers in Louisiana.” Attorney, Obituary, Louis A. Bell, ” Photo courtesy of LSU University Relations. which reported that “the admission to the bar . . . by the Supreme Court, of a colored man, is remarkable only for its English bar in 1870, after studying at the Louis A. Martinet entire novelty here.”4 The article Middle Temple Inn in London, England.5 continued to note that, because of racial In the mid-1870s, he was appointed as In 1876, a year after Chester was ad- prejudice, “colored lawyers will for a aide-de-camp to the staff of Louisiana mitted to practice law in this state, Louis long time be ‘few and far between,’ and Gov. William Pitt Kellogg and as a United Andre-Martinet started attending the for obvious reasons their field of practice States commissioner by Judge Edward American Missionary Association-spon- must be limited.” Coke Billings.6 Chester, a former corre- sored Straight University, an institution In 1873, at the age of 43, Thomas spondent for the Philadelphia Press, died which Louis A. Bell helped to start. Mar- Morris Chester was admitted to practice in 1892 at the age of 62, and his obituary tinet had taken the bar at the end of his in Louisiana. Chester had been the first was published in an Indiana newspaper, first year in law school and had passed it; known African-American admitted to the the Indianapolis Freeman. therefore, he already was a member of

Louisiana Bar Journal Vol. 53, No. 2 105 the Louisiana Bar when he was gradu- can firms in the nation to have offices in ated from Straight University7 as its first more than one state.12 Elliott died in African-American graduate. 1884, and the New Orleans law office Born on Dec. 28, 1849, in St. was closed, reducing the number of prac- Martinville, La., Martinet distinguished ticing black lawyers in the city to four: himself as a lawyer, politician, physi- Desdunes, Lucy, Martinet and Tucker. cian, publisher and civil rights advocate. In 1885, John Francis Patty, a former He was elected to the Louisiana State naval officer, was graduated from Straight Legislature representing St. Martin Par- University Law School and was admitted ish, serving from 1876-78. In 1889, the to the Bar. Patty practiced principally in former legislator began publishing the the parish courts of Terrebonne and St. New Orleans Daily Crusader; this was Mary. Three years later, he was nomi- the same year that the Louisiana Legisla- nated in Louisiana “by acclamation for ture passed some of the first in a long the position of Secretary of State.”13 series of Jim Crow laws. In 1886, three Straight Law School In 1890, Martinet organized the Citi- graduates were admitted to the Louisiana zens’ Committee to offer legal resistance Bar: Rene Carl Metoyer; James Madison to the “separate” railroad car law of Loui- Vance, Jr.; and former Louisiana Lt. Gov. siana. He was a key strategist in a case Pinckney Benton Stewart Pinchback. involving Homer Plessy, which sought to Pinchback was 48 years old when he use the Equal Protection Amendment to became a lawyer. Well known for his trump state segregation laws; the effort distinguished political career, he served was unsuccessful and led to the infamous Pinckney Benton Stewart Pinchback as Louisiana’s first black lieutenant Plessy v. Ferguson decision. Martinet (Library of Congress Archives) governor (1871-72) and, for 43 days in became one of the first black lawyers to 1872, served as its first black governor. use the term “test case” in describing ing editor of the New Orleans Daily As did other African-American Straight civil rights litigation strategy. Because Crusader and author of the history of Law School graduates, Pinchback joined Martinet was not admitted to practice black Creoles, Nos Homes Et Notre the political and legal fight against racial before the United States Supreme Court, Historie (Montreal, 1911). He had for- discrimination laws and was one of the he selected S.F. Phillips and A.W. merly worked at the U.S. Customs House.9 leaders of the Citizens’ Equal Rights Tourgee to serve as attorneys of record. Robert Brown Elliott, after a distin- Association of the United States of Martinet died on July 7, 1917, at 1722 guished career in South Carolina as a America. Pinchback was a founding Columbus St. in New Orleans before lawyer and the state’s first black United member of the governing board for realizing his dream of obtaining any sem- States congressman, relocated to New Southern University, which was created blance of equal rights for all Americans. Orleans in 1881, having been given an as an institution of higher education for In the Eleventh Census: 1890 Special appointment as customs clerk in the Fed- African-Americans in response to racial Census Report of the United States eral Customs Office in New Orleans. He segregation. He later moved to (1896), for the first time, lawyers were resigned from the Customs Office in 1882 Washington, D.C., and practiced law designated by color but not by state. and entered private practice in New Or- there until his death in 1921. There were 431 Negro lawyers reported leans with another black lawyer, Thomas Rene C. Metoyer practiced in New Or- in the United States, none were female. de Saille Tucker, a native of Pensacola, leans for 40 years. On June 27, 1916, Martinet and other African-American Fla.10 The record is unclear if Tucker was Louisiana Gov. Ruffin G. Pleasant ap- Straight University law graduates would appointed to the Bar after reading law on pointed Metoyer notary public, an honor have been included in this list. his own or whether he was the same that had been bestowed on only one other Thomas de Saille Tucker who was listed black lawyer, Louis A. Martinet, in 1889. Martinet’s Contemporaries as a graduate of the Straight University Metoyer served as notary public from 1917- Law School class of 1882.11 36. He died in 1937 at the age of 79. Eugene Lucy, who appears as a mem- Elliott and Tucker specialized in crimi- A staunch supporter of the Republi- ber of the Straight University Law School nal law matters prosecuted in the New can Party and legal pioneer in civil rights class of 1876,8 was admitted to the Loui- Orleans police courts. When Tucker for African-Americans, James M. Vance, siana Bar on May 28, 1876. opened a branch of the firm in his home- Jr. was best known for his role fending Rodolphe Lucien Desdunes, a mem- town of Pensacola in 1883, the law firm off an attempt to seize a black man’s ber of the Straight University Law School of Elliott and Tucker had the distinction property in the Bonseigneur incident of class of 1882, was well known as found- of being one of the first African-Ameri- 1893. Paul Bonseigneur was threatened

106 August/September 2005 by white residents because he refused to sell them his valuable beach property in Jim Crow laws contributed to the small number Mandeville, La.14 Bonseigneur retained attorneys Martinet and Vance, who took of African-American lawyers admitted in Louisiana the lead on the case because the former lawyer had been involved with the separate until after the establishment of the Southern railroad car law legislation (the legislation that led to the Plessy v. Ferguson case). University School of Law. The Turn of the Century In 1886, Straight University Law court even if the voters had failed to From the Roaring Twenties School closed. After that, for more than exhaust their remedies in Louisiana to 1950 half a century (until 1947, when Southern courts. Thornton died in the same year University Law School opened), there that Hall was decided — 1946. Between 1927 and 1941, few if any was no institution that provided an Charles “Chas” Robertson, a 1912 black lawyers were admitted to the Loui- opportunity for black students to obtain graduate in law from the Extension Law siana Bar. Alexander Pierre Tureaud, a legal education. The 1904 census School of Chicago, was admitted to the Sr., a 1925 graduate of Howard Univer- reported that Louisiana had 1,293 white Louisiana Bar on Dec. 14, 1914.18 He sity Law School, returned to Louisiana male lawyers and 15 Negro male lawyers. was the first African-American lawyer to and was admitted to the Bar in 1927. Included in this number of black lawyers have an office in the northern part of the Metoyer and Thornton offered space in would have been Desdunes, Lucy, state, setting up a private practice in their law office to Tureaud. Tureaud, known Martinet, Metoyer, Patty, Pinchback, Shreveport, La. He was a member of Phi as the dean of African-American lawyers in Frank B. Smith, Tucker and Vance. Beta Sigma Fraternity and the National Louisiana, was an ardent civil rights pio- Frank B. Smith was admitted to the Negro Bar Association, and served as neer and the only regularly practicing black Bar on May 28, 1902.15 Smith was an attorney for the National Baptist Con- attorney in Louisiana from 1938-47. attorney for the Knights of Pythias and vention, the Louisiana Baptist State Con- During his career as civic organizer practiced in Recorder’s Court.16 Smith vention, the 13th District Baptist Asso- and civil rights advocate, Tureaud, the died in March 1937. His obituary ran in ciation, St. John’s Grand Masonic Lodge local attorney for the NAACP Legal the Times Picayune. and the Knights and Daughters of Tubor. Defense Fund, fought in the courtrooms Joseph A. Thornton, a 1913 graduate He died on April 1, 1932. throughout the state to obtain equal pay of Howard Law School and a World War The 1920 census reported that there for Louisiana’s black teachers, to permit I veteran, was admitted to the Louisiana were eight Negro male lawyers out of black students to attend formerly all- Bar in 1914. Thornton practiced with 1,189 lawyers in the state; these were white educational institutions and to vin- Rene Metoyer throughout the 1930s and undoubtedly Desdunes, Lucy, Martinet, dicate and protect voting rights for blacks. 1940s. Thornton’s name appears on a Metoyer, Robertson, Smith, Thornton and He brought cutting-edge litigation to end number of civil rights cases brought by Vance. racial segregation on city buses and in the NAACP during the 1940s. In addition to teacher salary equalization cases throughout Louisiana, he was one of the attorneys in Hall v. Nagel,17 a voter rights Discover the Indexing Edge case he worked on with two other famous Recommended by finance experts and utilized extensively by Michael H. Smither, J.D. experienced institutional investors, exchange-traded funds (ETFs) African-Americans: New Orleans civil Managing Partner and index funds offer investors low-cost, diversified exposure to a rights attorney A.P. Tureaud; and 650 Poydras Street wide variety of asset classes – from large and small company stocks Suite 1400 Thurgood Marshall, the national execu- to growth and value, international equity, and bonds. At IndexEdge, New Orleans, La. 70130 tive director and general counsel for the we use these innovative structures to implement cost-efficient, (504) 299-3419 index-based financial solutions for our clients. NAACP Legal Defense Fund, who later [email protected] • Specifically recommended by the Prudent Investor Rule became the first African-American to www.indexedge.com • Well-suited for trustees and other fiduciaries serve on the U.S. Supreme Court. At a • Investments, retirement and college savings time when Louisiana courts were not actively protecting the rights of African- NDEX DGE SM NVESTMENT ONSULTING American voters, the U.S. 5th Circuit in I E I C Hall held that a declaratory and injunc- Advanced Indexing Strategies for Accredited Investors tive relief could be brought in federal

Louisiana Bar Journal Vol. 53, No. 2 107 public accommodations, and he successfully defended the first sit-in case to go before the U.S. Supreme Court in 1960. His work was part of the legal fight to overturn the U.S. Supreme Court’s Plessy v. Ferguson decision that had legalized racial segregation. The success came in All photos courtesy of Southern University the 1954 landmark Supreme Court rul- Law Center. ing, Brown v. Board of Education of Louis A. Berry Vanue B. Lacour Aguinaldo A. Topeka, Kansas. Lenoir Tureaud, a nationally known civil rights pioneer, was honored with numer- Howard law alumnus A.P. Tureaud, but black lawyers to appear in a criminal trial ous legal and civil rights awards. The Tureaud had no space for him. Berry in St. Landry Parish when they repre- state and local chapters of the NAACP practiced law in association with John sented Edward Honeycutt in 1946.19 awards, legal fraternities and American Perkins, who was licensed to practice Before 1950, black residents of the state Inns of Court chapters at Southern Uni- law in Mississippi but not in Louisiana. had earned their law degrees at the former versity Law Center and at Loyola Uni- In 1947, with the opening of a law Straight University Law School in New versity Law School have been named in school at Southern University in Baton Orleans, at Howard University Law School his honor. A street, a housing authority Rouge, several black lawyers were rein Washington, D.C., and at schools in building, a public school in New Orleans cruited to join the law faculty. Aguinaldo other states and even in foreign jurisdic- and a classroom building on the campus A. Lenoir, a native of Deridder, La., and tions. It was not until 1950, when Southern of Louisiana State University in Baton a graduate of Lincoln University Law University Law School graduated six stu- Rouge all carry his name. Tureaud was School, was named dean of the school. dents, that there was a viable opportunity inducted into the Order of the Coif at Other faculty members licensed to prac- for black residents to study law in a public Tulane Law School. He died in 1972. tice law in Louisiana were: Thomas S.E. institution within the state of Louisiana. J.D. Demery was the first acknowl- Brown of St. Louis, Mo., a graduate of Since 1950, Southern has educated more edged black notary public in Shreveport. Harvard University; Vanue B. Lacour, than 90 percent of the black lawyers in the He began practice in 1927, and, although born in Cane River, La., and reared in state and today has more than 2,500 alumni, not an attorney, was called “lawyer” by Shreveport, La., a 1941 graduate of including many white lawyers. many. He died in 1957. Howard University Law School; Edward Louis A. Berry, a 1941 graduate of L. Patterson, Jr. of Tuskegee, Ala., a law Bibliographical References Howard University, returned to his na- graduate of Lincoln University; and C. tive Louisiana in 1947. Sworn in as an Vernette Grimes, a former employee of W. Burton, On the Black Side of attorney on Aug. 1, 1945, Berry became Southern University in Baton Rouge who Shreveport 20 (1983). the first African-American admitted to earned an LL.B from Kent College of J. Clay Smith, Emancipation: The the practice of law in Louisiana since Law (Chicago). Making of the Black Lawyers, 1844- Tureaud had been admitted 18 years prior. Berry and Lacour, along with Edward 1944, pp. 282-288, University of Penn- Berry had hoped to associate with fellow Jackson of Baton Rouge, were the first sylvania Press, Philadelphia, 1993. Adam Fairclough, Race & Democ- racy: The Civil Rights Struggle in Louisiana 1915-1972, University of APPELLATE ADVOCACY Georgia Press, Athens, 1995. in Louisiana Appellate Courts and in the U.S. Fifth Circuit Evelyn L. Wilson, Laws, Customs, and Rights: Charles Hatfield and His Mike Rubin & the McGlinchey Stafford Family—A Louisiana History, Wil- Appellate Practice Team are available to support your appellate cases. low Bend Books, Westminister, Mary- land (2004). Russell Jones, Southern University Law Review. The Smart Business Decision. Newspapers: [email protected] • Phone (225) 382-3623 “Why Has Louisiana Bar Exam Sty- www.mcglinchey.com mied Lawyers since ’25?,” Baltimore Afro-American, April 19, 1941.

108 August/September 2005 “Louisiana Bar on Colored Lawyers 9. Mary Gehman, “Visible Means of Unfortunate: What’s the Matter,” Support” in Creole: The History and Legacy ABOUT THE AUTHOR Philadelphia Tribune, April 24, 1941. of Louisiana’s Free People of Color, p. 220 (ed. Sybil Klein) (2000). Rachel L. Emanuel, a 23-year 10. Smith, p. 285. veteran public relations FOOTNOTES 11. Straight University Catalog. professional, has been director 12. Smith, p. 285. of the Office of Publications 1. J. Clay Smith, Jr., Emancipation: The 13. Smith, page 286. and Electronic Media at Making of the Black Lawyer 1844-1944 (1993). 14. Smith, p. 286. Southern University Law The U.S. Census information was included in 15. Minute Book 22, page 740 (UNO Center since 1998. She earned bachelor’s and master’s the appendix of J. Clay Smith’s book. Archives). degrees in journalism and public relations 2. D.C. Rankin, “The Origins of Negro 16. Joseph Logsdon, former professor of Leadership in New Orleans During from Louisiana State University in Baton history at University of New Orleans, conducted Rouge and a doctorate in documentary Reconstruction,” Southern Black Leaders of the a series of audiotaped interviews with New Reconstruction Era (H.N. Rabinowitz ed. journalism from the University of Texas at Orleans civil rights attorney A.P. Tureaud from Austin. Her research documents Louisiana 1981). 1970-72. The Tureaud tapes were made civil rights history, particularly African- 3. Paul Finkelman, “Not Only the Judges’ available to this author for the completion of a American legal pioneers, such as the late New Robes Were Black: African-American Lawyers biography on the late attorney under contract Orleans civil rights attorney A.P. Tureaud. as Social Engineers,” 47 Stan. L. Rev. 161, 173 with LSU Press. She has taught research methods, N. 84 (1994). 17. Hall v. Nagel, 154 F.2d 931 (5 Cir. documentary, and race and gender in the 4. Smith, ibid. 1946). media as an adjunct instructor at LSU. 5. Smith, p. 282. 18. Willie Burton, On the Black Side of (Southern University Law Center, P.O. Box 6. Ibid. Shreveport, p.20 (1983). 9294, Baton Rouge, LA 70813) 7. Ibid. 19. Russell L. Jones, “African American 8. Straight University, New Orleans, La. Legal Pioneers: A Biography of Vanue B. 1881-82 Catalog, listing in the Law Lacour, A Social Engineer,” 23 Southern Department. University Law Review, 63 (1995).

Louisiana Bar Journal Vol. 53, No. 2 109 DIVERSITY in the Legal Profession

History Part 2: Louisiana African-American Lawyers from 1950 Forward

By Darrel J. Papillion

The 1950s he history of Louisiana Af- Southern University, established in rican-American lawyers 1947 to educate black lawyers, gradu- from 1950 forward is one ated its first law school class in 1950. of struggle, survival and This all-black class formed the nucleus success. It is impossible to of what would become Louisiana’s mod- name here all of the out- ern African-American bar. Among the standing African-Ameri- 1950 graduates was Jesse N. Stone, Jr. can lawyers who have who would become the first African- served the cause of civil American to practice law in Shreveport in 50 years, an ad hoc justice of the rights, who bettered their Louisiana Supreme Court and president communities, who became of the Southern University System. leaders and mentors, and Meanwhile, in 1952, James Sharp, Jr., Twho served and continue a graduate of Lincoln University in Mis- to serve as judges on every souri, who had studied Louisiana law at level in our court system. Southern, established a practice in Mon- This article, however, will roe where he handled a variety of impor- give an overview of some tant civil rights cases and served the legal of the many African- needs of citizens of Northeast Louisiana American lawyers who for many years. Today, the Monroe City paved the way. Court building is named in James Sharp’s honor, and his sons, Carl V. Sharp and Alvin R. Sharp, are judges on the 4th Judicial District Court bench. Dr. Jesse N. Stone, Jr.

110 August/September 2005 American woman elected to the Louisi- ana Supreme Court, and Gammiel Gray Poindexter, who would go on to have a distinguished career as a lawyer and judge in Virginia, became LSU’s first female African-American graduates in 1969. Michael A. Starks became the first African-American to graduate from Tulane Law School in 1969.

The 1970s and 1980s

Throughout the 1970s and 1980s, the number of African-American lawyers graduating from Louisiana law schools, and those arriving from other out-of-state law schools, dramatically increased. Yet, although the increase was dramatic, it must be remembered that the pace since the 1950s had been extremely slow. While, on a percentage basis, the increase was large, Johnnie A. Jones, Sr. and Leroy White at the Southern University Law Center Golden Alumni ceremony. Photo by John H. Williams. on a numerical basis, there were still few African-American lawyers practicing in the state, and almost everyone in that tiny Beginning in 1952, Richard B. tion, its first African-American appellate group knew one another. Millspaugh established a practice in court judge as well as the first African- Janice Martin Foster, who is enjoying Opelousas, and he, along with Marion American mayor of New Orleans, was her 35th year of practice at Jones, Walker Overton White and a handful of others, one of two African-American men to in New Orleans, became the first Afri- would serve the legal needs of clients in graduate from Louisiana State can-American female to graduate from Acadiana during the civil rights era and University’s law school in 1954. Tulane Law School in 1970. Foster also beyond. Norman C. Francis, who would even- was the first African-American member Over the past 50 years, Baton Rouge has tually become president of Xavier Uni- of the Tulane Law Review and the first been home to a large African-American versity of Louisiana, graduated from African-American member of Tulane’s bar, due mainly to the influx of students and Loyola University Law School in 1955. faculty of the law school at Southern. No discussion of the 1950s, 1960s or Johnnie A. Jones, Bruce Bell and Murphy early 1970s would be complete without a Bell were among the first black lawyers in mention of the groundbreaking work of Baton Rouge to represent litigants in civil A.P. Tureaud; a discussion of his contri- rights and criminal cases. Jones, who con- butions is contained in the article “Black tinues to practice law in Baton Rouge at age Lawyers in Louisiana Prior to 1950” by 85, would play an instrumental role as legal Rachel L. Emanuel (beginning on page counsel for the Baton Rouge bus boycott in 104 of this issue). 1953 and would represent scores of litigants in civil rights and important criminal The 1960s cases in Baton Rouge and its environs for more than 50 years. By the end of the 1960s, because of Louisiana State University’s law cen- desegregation lawsuits and other efforts ter was desegregated in 1950 when Roy aimed at securing access to legal educa- S. Wilson was admitted to LSU law school tion for blacks in Louisiana, African- as a result of a federal court order.1 While Americans had graduated from all three Wilson would not graduate from the LSU of Louisiana’s predominantly white law law school, Ernest N. Morial, who would schools. later become Louisiana’s first African- Bernette Joshua Johnson, who would Louisiana Supreme Court Justice American legislator since Reconstruc- eventually become the first African- Bernette Joshua Johnson

Louisiana Bar Journal Vol. 53, No. 2 111 Order of the Coif. Wayne J. Lee, who would become the first African-Ameri- can president of the Louisiana State Bar Association, and who graduated from Tulane Law School in 1974, would also serve as another early black member of the Tulane Law Review. In the 1970s, William J. Jefferson, who would serve with distinction as a state senator before becoming a U.S. congressman, graduated from Harvard Law School and became one of the first African-American law clerks for a Loui- siana federal judge.

African-American Judges in Louisiana

Prior to the early 1990s, hardly any Wayne J. Lee Freddie Pitcher, Jr. blacks had entered the ranks of Louisiana’s judiciary. Isreal Meyer Au- 1990s, Carl E. Stewart had served as a University Law Center and an active gustine, Jr., who would later serve as an state district judge in Caddo Parish. member of the legal profession and in appellate court judge, became the first Lionel Collins and Paul Lynch had been civic affairs in New Orleans before be- African-American district judge in elected as district court judges in coming a Civil District Court judge, be- Louisiana’s modern era when he was Jefferson Parish. Freddie Pitcher, Jr., who came the first African-American man to elected as a judge of the Criminal District would go on to serve as a judge of the serve on the Louisiana Supreme Court Court in 1970. In 1972, Ernest N. Morial Louisiana 1st Circuit Court of Appeal, when he was elected to that court in 1992. was the first African-American elected as a partner of the Phelps Dunbar firm Felicia Toney Williams, a judge of to a Louisiana appellate court. As late as and as chancellor of Southern University Louisiana’s 2nd Circuit Court of Appeal, 1988, only a handful of African-Ameri- Law Center, had been elected as a district who served by appointment in the mid- cans served as judges in Louisiana state court judge in Baton Rouge, while Revius 1990s, became the first African-Ameri- courts. It was not until Louisiana’s sys- O. Ortique, Jr., Bernette Joshua Johnson can woman on the Louisiana Supreme tem of electing judges changed, as a and Yada T. McGee served as judges in Court. Justice Bernette Joshua Johnson, result of a series of lawsuits brought in the Orleans Parish Civil District Court. one of the first African-American women the late 1980s and resolved in the early At the dawn of the 21st century, Afri- to graduate from the LSU Law Center, 1990s, that blacks were elected en masse can-Americans have served at every level was the first African-American female to the Louisiana judiciary.2 of Louisiana’s judiciary. Revius O. elected to the Louisiana Supreme Court, Before the advances of the early Ortique, Jr., a 1956 graduate of Southern where she serves today. In the past 15 years, a number of African-Americans have been elected to Louisiana’s intermediate courts of ap- Forensic Meteorology & Oceanography peal. Freddie Pitcher, Jr. and John Nash C. Roberts, III, Consulting Meteorologist, Inc. Michael Guidry have served on the 1st has over 30 years experience in forensic meteorology and Circuit. Felicia Toney Williams, Carl E. forensic oceanography. Recognized as a professional capable Stewart and James Edward Stewart, Jr. of conducting involved investigations, reconstructing weather have served on the 2nd Circuit. Sylvia R. and marine conditions anywhere in the world and is Cooks of Lafayette and Ullyses Gene eminently qualified to appear in expert testimony. Thibodeaux of Lake Charles have served on the 3rd Circuit. Among those to have 1905 Edenborn Ave. • Metairie, LA 70001 served on the 4th Circuit in recent years include Joan Bernard Armstrong, Charles Phone (504) 835-4538 Robert Jones, Dennis R. Bagneris, Sr., E-mail: [email protected] Terri F. Love and Edwin A. Lombard.

112 August/September 2005 these positions over the past 15 years. FOOTNOTES Beginning in 1978, with President Jimmy Carter’s appointment of Robert F. 1. Wilson v. Board of Supervisors of LSU, Collins to the federal bench, African- 92 F.Supp. 986 (E.D. La. 1950). 2. See generally Chisom v. Roemer, 498 Americans began serving on the federal U.S. 1060, 111 S.Ct. 775, 112 L.Ed.2d 838, bench in Louisiana. President Bill Clinton (1991); Clark v. Roemer, 777 F.Supp. 471 appointed Okla Jones II and Ivan L.R. (M.D. La. 1991); and their related cases. Lemelle of New Orleans and Ralph E. Tyson of Baton Rouge to the federal district court bench during his presidency and appointed Carl E. Stewart of Shreve- port to the United States 5th Circuit. ABOUT THE AUTHOR

Conclusion Darrel J. Papillion is a shareholder in the Baton Justice Revius O. Ortique, Jr. (Ret.) Rouge law firm of Moore, The history of the contributions of Walters, Thompson, Thomas, African-American lawyers to Louisiana Papillion & Cullens. He is a Although the list of African-Ameri- society, the Bar and the judiciary is con- graduate of Louisiana State can judges serving on district court, crimi- tinuing to be written. All of us, however, University Paul M. Hebert Law Center and clerked for nal court, family court, and traffic, parish regardless of our race or ethnicity, owe a Louisiana Supreme Court Associate Justice and municipal courts is far too lengthy to debt of gratitude to those who were at the Catherine D. Kimball. He is an adjunct include in an article of this scope, that forefront of the struggle for recognition professor of law at both LSU and Southern fact is itself a tribute to the advances first and foremost as lawyers, regardless law centers. (6513 Perkins Rd., Baton Rouge, LA 70808-4259) made by African-Americans in securing of the color of their skin.

Louisiana Bar Journal Vol. 53, No. 2 113 A Look at the Present and the Future... Are Women DIVERSITY in the Legal Profession Still A Minority?

By Marta-Ann Schnabel

ike most households, ours is sustained by a generous share of family folklore. During our kids’ “tell me a story” phase, my husband and I would take turns re- galingL them about the blessed period before they were born. A favorite, of course, is the story of how mommy and daddy met. My daughter repeats it even today with great relish: “Daddy was telling a joke about dumb blonde women, and my mommy threw her drink on him!” When I arrived in New Orleans more than 25 years ago, I wore no make-up, regarded undergarments as a form of masculine oppression, and began each day by reading quotations from my favorite feminist authors: Susan and An- drea Dworkin, Anais Nin, Germaine Greer, Gloria Steinem, Doris Lessing. By the time I met my husband, I had been cajoled by friends and family (who were obviously concerned that I would otherwise not find a job) into changing my wardrobe. However, my stridency remained steadfast. I tolerated no nuance of chauvinism, even in the form of a good-natured joke. Happily, some — like my scotch-drenched husband — found me endearing. Fast-forward 24 years, and I am perhaps even less endearing, but also con- siderably less aware of “women’s is-

114 August/September 2005 sues.” I smile good-naturedly at the ap- pellation “Feminazi” that my male col- Women are crossing over the threshold leagues occasionally use to describe other women. I’ve lost track of the Dworkin from repression into that ambiguous sisters, and no one in my circle of friends has even heard of Doris Lessing. Instead, arena of opportunity. my attention has been focused on the more mundane things — like making payroll, developing clients, assuring that briefs are timely filed, preparing for trial, tending to the myriad of bar matters that fall in my lap, and finding a reasonably incoming undergraduate freshman slots It’s this last set of numbers, of course, good college for my smart-but-not-yet- to women than to men. That corresponds that gets to the heart of the issue and fully-blossomed son. to the data published by the National strips “opportunity” to its more practical So it is only fair to admit that neither Center for Education Statistics reporting core. Plenty of women train to become the title of this article, nor its subject that more women than men now earn lawyers, and most graduate with every matter, was my idea. Indeed, it was as- college degrees. In the academic year, intention of finding a firm at which they signed from on high (the Louisiana State 2001-02, 57 percent of the bachelor’s can learn their trade, grow, prosper and Bar Association’s Task Force on Diver- degrees and 59 percent of the master’s perhaps become a partner. Yet, a great sity in the Profession, co-chaired by Su- degrees were earned by women. Almost many flee from the traditional firm struc- preme Court Justice Bernette J. Johnson half of the Ph.Ds in that year were earned ture within a few years of hiring on. This and LSBA Past President E. Phelps Gay) by women (46.3 percent), and women’s phenomenon is susceptible of many in- to be a component of this special issue of enrollment in law schools across the coun- terpretations, and not surprisingly, all of the Journal devoted to diversity. That try has hovered at about 49 percent for them have surfaced in my informal sur- said, the question “Are women still a the last few years. vey of friends and colleagues. minority?” has prompted no small Moreover, according to Current Popu- To be fair, a number of well-done amount of personal reflection and caused lation Survey (a joint project between the studies regarding this phenomenon and much discussion amongst my women Bureau of Labor Statistics and the Bu- others impacting women in the profes- friends and colleagues with whom I shared reau of the Census), women make up sion exist. In fact, Shelley Hammond the inquiry. nearly 47 percent of the total U.S. labor Provosty of New Orleans is the chair of force. They constitute 50 percent or bet- the DRI Task Force on Women Who Try ter of the nurses, teachers, librarians and Cases, which has produced an in-depth Do Statistics Really social workers in our society, but that study entitled “A Career in the Court- Provide An Answer? perhaps comes as no surprise. What may room: A Different Model for the Success be a bit surprising is that more than 50 of Women Who Try Cases.” Likewise, According to the 2000 census, fe- percent of the financial managers, medi- the ABA Commission on Women in the males comprise 50.9 percent of the total cal services managers, claims adjusters Profession continues to publish thought- population. That means that we can hardly and examiners, insurance underwriters, ful and well-researched manuscripts on be considered a “minority” in the true accountants, auditors, tax examiners and our “status.” I recommend all of this sense of the word, but anyone who has pharmacists are women. material for its insight and thorough treat- ever had a mother or raised a girl child Despite the upward trend in other pro- ment of the subject matter. This article, knows that there is more to the story than fessions, the number of women lawyers by contrast, is wholly anecdotal, lacks that. Women have long struggled for has begun to show a slight decline nation- any semblance of scientific method, is parity in many societal settings, most wide, having topped out at 29 percent of far too opinionated, and probably raises particularly the workplace. all practitioners in 2002 and fallen back more questions than it answers. The good news is that there are some to slightly less than 28 percent in 2004. signs that I was right to shed my feminist There has been a similar small decrease in mantle. Especially within the ranks of the number of women applying to law Are Some Stories Better higher education, women are crossing school. Nonetheless, 49 percent of the law Left Untold? over the threshold from repression into school graduates in 2003 were women. The that ambiguous arena of opportunity. National Association for Law Placement Typically, when women lawyers are Dean Lawrence H. Summers notwith- reports that women comprise 43 percent of asked about gender bias, their first in- standing, 2004 marked the year that the associate or staff attorney positions, but stinct is to tell a funny story about some Harvard, for the first time, offered more only 16.8 percent of the partners. form of past treatment by judges, col-

Louisiana Bar Journal Vol. 53, No. 2 115 world of private practice. Women in the profession now comprise Yet, a lot of women veterans of that “predatory” world have a different view. three different subsets of experience. Those of my vintage (that is, a tad over 40) wanted to talk about younger women. Many were quizzical about the attitudes of the young. A prominent woman litiga- leagues, partners. I have my own lexicon when she stood to make an appearance tor from Baton Rouge dismissed the is- of stories like this: the job interview at before the court on a pending motion, she sue of gender bias against “chick law- which a partner with a prominent New was greeted from the bench by the excla- yers” and instead wished to focus on the Orleans law firm inquired about my sex mation, “So, your husband knocked you generation gap amongst women lawyers. life, explaining that he needed to know up again, eh?” The youngsters, she noted, have no com- with whom his female associates were We rattle these stories off, to some passion or understanding for those who sleeping because so many left to follow measure, to avoid having to say what we came before them — those who were their “man,” for example, or my own really think. The female managing part- compelled to behave like “tough broads” former partner who explained that he ner of a satellite office of a New Orleans to make inroads. Now these young women really did not want to hear from me firm told me that she was not sure how to criticize the older, successful women as during a meeting because he heard enough offer a meaningful answer to my question being “bitter and mean.” Another promi- of “those kinds of complaints” (a euphe- without sounding like a “Pollyanna.” nent practitioner from the Northshore of mism) at home. However, my favorite Likewise, my friend who had been New Orleans echoed these views, com- story of this genre comes from a domes- “knocked up” said she was far more menting that younger women lawyers did tic lawyer who runs a successful two- focused on keeping her practice afloat not appear to have “nearly the awareness person practice in a rural parish. In about and her children out of trouble than she of gender” that older women lawyers do the sixth month of her second pregnancy, was on what it was like to be a woman and that “often they learn the hard way.” lawyer. She didn’t consider herself less It is indeed worth noting that much professionally respected than men (after has changed in a short time. As a practi- all, she had won that motion!). On the cal matter, women in the profession now ,BZ&%POOFMMZ other hand, she admitted that she was comprise three different subsets of expe- "TTPDJBUFT constantly tired, over-committed, wor- rience: (1) those who began to practice ried about her children and physically before 1979, when women were only a $FSUJmFE$PVSU3FQPSUFST run-down, but she wasn’t at all sure that tiny percentage of law school graduates, 'VMM4FSWJDF her problems were any different from (2) those who began to practice in the $PVSU3FQPSUJOH'JSN $PNQMFUF-JUJHBUJPO4VQQPSU those of the average small-town practi- 1980s, when female enrollment in law tioner, regardless of gender. schools began to climb to the 30 percent )0634&37*$& Many of the women with whom I mark and serious numbers of graduates spoke felt an immediate need to describe were women, and (3) those who have 7JEFP%FQPTJUJPOT themselves as having chosen the 7JEFP$POGFSFODJOH graduated within the last five years, when 3FBM5JNF5SBOTDSJQUJPO “mommy” track. This was often said in a female enrollment in law schools has $PNQMFUF$PNQVUFSJ[FE4FSWJDFT self-denigrating manner, as though a ju- almost matched that of men. The per- $POGFSFODF3PPN dicial clerkship or a staff or corporate spectives, expectations and ambitions of position were somehow an admission of each of these generations are surpris- .QRZOHGJHDEOH second-class status. One judicial law clerk ingly disparate, having been colored by in north Louisiana spoke of fleeing pri- (IILFLHQW markedly different experiences. vate practice and its “blatant gender dis- A case in point: about five years ago, 'HGLFDWHG crimination.” She went on to compare I was the only woman partner in a me- herself to a well-known woman partner dium-sized New Orleans law firm. A in a local firm by saying, “maybe I have 4VJUF&OFSHZ$FOUSF 1IPOF young woman associate sought the ad- 1PZESBT4USFFU 5PMM'SFF just been easier to beat down.” Although vice of one of my partners about how to /FX0SMFBOT -" 'BY FNBJMLBZEPOO!CFMMTPVUIOFU she claims to love her current job, she handle a case assigned to her. During the sees it as a “refuge” from the predatory course of the conversation, she reported

116 August/September 2005 go. There also needs to be room for Women have long struggled for parity family, for internal support rather than internal competition, and for mentors of in many societal settings, most particularly both genders who value good lawyering and recognize that good lawyers make the workplace. the best client contacts. Of course, along the way, we need to be able to make a living. And in the meantime, the answer is: that the opposing counsel “intimidated” did what women tend to do: she sought her, and she sought some tips on how to advice and began to process a reactive Yes, women are still a minority . . . but watch your back! handle him. Although he answered her strategy. It goes without saying she man- questions, my partner also sought me out aged the opposition rather well. She also immediately. In a hushed voice, he told never became a partner, choosing instead ABOUT THE AUTHOR me he was worried that this young woman to retire and raise a family. would never become a good litigator In the end, the pertinent issue may Marta-Ann Schnabel, a shareholder in the New Orleans firm because she allowed herself to become well be what we as a profession model as of O’Bryon & Schnabel, P.L.C., “intimidated.” My first reaction was a success and treat with respect. Women of is president-elect of the Loui- siana State Bar Association. flash of anger — because, of course, the a certain generation bemoan the “Super- She is a former co-chair and associate had been foolish enough to tell woman” image while secretly believing current member of the LSBA’s a partner what she was feeling. I certainly that they are better people and true pio- Access to Justice Committee and is a member of the Committee on Rules of would have known better than to say that neers for having returned to the tele- Professional Conduct and the Ethics Advi- when I was an associate! Surely this phone, dictaphone or megaphone within sory Service Committee. She also has served young woman should have had more hours of giving birth. There could be no as LSBA secretary and on the Board of Gov- ernors, and received the LSBA President’s sense! But, indeed, she was not con- question about their equality. Yet, there Award in 1998 and 2004. She was president strained by worry — much less con- has also been little question of the toll of the New Orleans Bar Association in 1995. scious appreciation — that her world that it took. Those who followed have She received a BA degree, honours, in 1978 from Memorial University of Newfoundland, view was not the world view by which begun to build a model that does not Canada, and her JD degree in 1981 from she was being judged. This young woman require a woman to be the clone of a man Loyola University Law School. (Ste. 830, did not understand that she was supposed in order to feel comfortable in her own 1515 Poydras St., New Orleans, LA 70112- 4541) to copy a man’s behavior. Instead, she success. But we still have a long way to @ek\i\jk\[`eXDfi\ ClZiXk`m\GiXZk`Z\6

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Louisiana Bar Journal Vol. 53, No. 2 117 Opening New Doors, Blazing New Trails Diversity Initiatives of Invitation-Only DIVERSITY in the Legal Profession Organizations

By Monique R. Gougisha

nvitation-only legal organizations, in the past, have been slow to diversify in terms of race and ethnicity. Currently, however, there are many invitation-only legal groupsI that have made concerted efforts to diversify their membership. This article focuses on just four of them: the American Inns of Court, the American Board of Trial Advocates, the Louisiana Law Institute and the Legal Aid Bureau.

American Inns of Court

In 2001, the American Inns of Court (AIC) created a task force and strategic action plan to diversify its membership to reflect the growing number of minorities in the legal profession. Part of this strategic plan was put into action earlier this year when the AIC, in conjunction with support from the Louisiana State Bar Association’s Task Force on Diversity in the Profession and Louisiana Supreme Court Justice Bernette J. Johnson, created the A.P. Tureaud chapter, named after Louisiana’s pioneering civil rights attorney. Focused on involving both minorities and solo practitioners in the Inns of Court movement, the chapter will consist of judges and experienced practitioners as well as younger attorneys to encourage professionalism, ethics and civility in the

118 August/September 2005 practice of law, and collegiality. Dick makes us a better organization and gives Page, director of development of the us credibility.” The A.P. Tureaud American American Inns of Court Foundation, said, Inn of Court was established “The A.P. Tureaud chapter is the direct Louisiana Law Institute result of us looking at our membership earlier this year, officially and saying ‘we can do better than this.’” Created by statute in 19381 as a think observed with a He added: “It would be a wonderful thing tank to help protect Louisiana’s unique charter-signing ceremony if all organizations did more than look civil law heritage and to draft in February. See page 188 over their shoulders with respect to comprehensive legal revisions to the civil diversifying their membership.” law, the Law Institute has made a for more information. concerted effort over the last decade to American Board add both women and lawyers of color to of Trial Advocates its council. Currently, an impressive 25 to the life of institutions and that percent of the Law Institute’s council are organizations can be more effective if For a long time, the by-invitation-only lawyers of color and women, and the they are more inclusive and fully reflect membership of the American Board of council’s nominating committee the ethnic and gender composition of Trial Advocates (ABOTA) was almost continues to make a substantial effort to society and the bar. Despite these efforts, entirely white and male. In 2003, diversify its membership. The Law however, there is still an overall however, ABOTA President Edward Institute’s charter recently was amended acknowledgement that more is needed. Nevin spearheaded a serious diversity to add representatives from the National James Morris III, current president of the initiative. One of Nevin’s first official Bar Association and the Louis A. American College of Trial Lawyers, acts was creating a diversity committee Martinet Society, and Marilyn C. recognizes that, despite its efforts, the and naming Dennis Archer (the first Maloney and James A. Gray will soon organization still needs to work to further African-American president of the serve terms as the first woman president expand its diversity efforts. Donna Melby American Bar Association) as one of his and first African-American president, of the American Board of Trial committee co-chairs. Nevin also hired a respectively, of the Institute. “These Advocates agrees, noting that “we are not diversity consultant, Drucilla Ramey, to efforts were instigated by our own where we want to be.” Consultant work with the committee and travel initiative without any outside pressure,” Drucilla Ramey praises the organizations across the United States to find said Professor William Crawford, the noted in this article, and she encourages exceptional minority and women Institute’s director. “We are fair-minded other organizations to both embrace ABOTA candidates. Nevin’s unpre- citizens trying to do the right thing. That’s diversity and work vigorously to expand cedented efforts cost ABOTA nearly all there is to it.” their membership and get on board: “The $75,000. By the time she finished, Ramey organizations that don’t embrace found 1,000 women and minority Legal Aid Bureau diversity will end up being dinosaurs and candidates. Many of those individuals eventually die out. It’s just that simple.” had already been approached by the Ramona Fernandez, executive American College of Trial Lawyers, director of the Board of Trustees for the FOOTNOTE another invitation-only organization Legal Aid Bureau, has expanded her 1. Acts 1938, No. 166, §2, now La. R.S. seeking to diversify its membership. notion of diversity and recently invited 24:201 et seq. “The only organizations and the first non-lawyers to join the board. institutions that have really succeeded at Currently, nearly half of the 16-member achieving diversity are those that have board are women and lawyers of color. ABOUT THE AUTHOR put considerable time and money toward The two newest invited members are the effort,” Ramey said. “In the absence bankers. “It’s very valuable for us to Monique R. Gougisha is an of any strong diversity efforts, these maintain a diverse membership with a associate in the New Orleans invitation-only organizations tend to be variety of experiences on this board given office of McGlinchey Stafford, P.L.L.C. She received a BA almost entirely self-replicating.” the clients we service,” Fernandez said. degree in 1999 from Loyola Donna Melby, current president of University and her JD degree ABOTA, emphasizes the organization’s Conclusion in 2002 from Tulane Law continuing commitment to diversity. School, where she was a senior justice on the Tulane Moot Court Board. She Melby, the first woman president of the These are but a sampling of many is a member of the Louis A. Martinet Legal organization, said that ABOTA invitation-only organizations recognizing Society and the Young Leadership Council. “understands that [a diverse membership] that diversity has real, tangible benefits (643 Magazine St., New Orleans, LA 70130)

Louisiana Bar Journal Vol. 53, No. 2 119 Asian-Americans and Bar Diversity Efforts

By Joy Lyu Monahan n the context of racial diversity in the legal profession, Asian-Ameri- cans generally are not the center of “I am just a lawyer in a attention. The demographic reality Chinese body.” is that there are few Asian-Ameri- Ican lawyers in Louisiana. — Harry Lee The number of Asian-American law- DIVERSITY Jefferson Parish Sheriff in the Legal Profession yers in the United States is low. Accord- State of Louisiana ing to the American Bar Association’s Commission on Racial and Ethnic Diver- sity in the Profession, Asian-Americans make up 2.3 percent of the 871,115 lawyers practicing in the United States. Con- sequently, no state or region is likely to have Asian-Americans populate a sub-

120 August/September 2005 stantial portion of the bar. The number of Asian-American lawyers in Louisiana, how- The term “Asian-American” is not all ever, is even lower. The 2000 U.S. Census figures show that only 0.63 percent of encompassing and is not a concrete Louisiana’s lawyers were Asian-Ameri- can. During a recent voluntary and anony- identification of ethnicity. mous survey that the Louisiana State Bar Association conducted, out of 3,933 responses, only 12 of the respondents identified themselves as Asian-American.1 in communities (Sheriff Lee in New Or- iff Lee is hardly “passive” or quiet. It is also important to note that the leans and I in Baton Rouge) where not When Sheriff Lee attended Loyola term “Asian-American” is not all encom- only were Asians rare, but the Asian University’s law school during the mid- passing and is not a concrete identifica- professionals we encountered ordinarily 1960s, he was one of two Asian- tion of ethnicity. Asian-Americans in- were science-oriented, such as doctors, American students in his class. When I clude those persons whose heritage origi- engineers and professors. Although we was in law school at Louisiana State nates in China, India, Indonesia, Japan, received little direct encouragement to University during the mid-1990s, I recall Korea, Malaysia, Nepal, Pakistan, Phil- become lawyers, there was nothing to one other Asian-American among my ippines, Singapore, Taiwan, Thailand and discourage us either. Instead, we both classmates. Today, 11 Asian-Americans Vietnam. One article cannot meaning- operated under the motto that “you can are studying the law at LSU, four at fully represent the view of such an enor- do anything you want as long as you just Southern, 59 at Tulane and 26 at Loyola. mous collective because everyone has a do it.” Like any other segment of the bar, Asian- different story. Any legitimate discus- It is difficult to say whether being Americans should be able to pursue their sion about “Asian-Americans” must rec- Asian-A American has placed me at a profession free from stereotypes, ognize the distinctions among the vari- disadvantage. Indeed, membership in a prejudice and biases. The ultimate goal ous constituent nations and regions of conspicuous minority has the advantage of diversity efforts will be achieved when Asia. Each nation and region (whether of being readily identifiable. I would be all of us, regardless of our sex, race or transnational — such as Korean — or irresponsible and inaccurate to say that ethnicity, are treated first and foremost contained within one nation — such as racial discrimination against Asian- as lawyers regardless of our different Tibet) has its own particular history, cul- Americans does not exist. I am fortunate, physical characteristics. ture, language, religion and economic however, that I have not personally expe- system. rienced any overt acts of discrimination FOOTNOTE Arguably Sheriff Harry Lee is and never felt restricted because of my Louisiana’s most recognized Asian- ethnic background. In the end, the work- 1. The survey response rate was approximately 20 percent of the members and American lawyer. Sheriff Lee undeni- product transcends the ethnic background does not purport to be “scientific.” ably has blazed a path for Asian-Ameri- of the worker. cans in the legal profession. His career As an Asian-American lawyer, I hope includes leadership roles as a law stu- to familiarize others with Asian-Ameri- ABOUT THE AUTHOR dent, a magistrate and as a decorated law cans — as attorneys or otherwise. Al- officer. Interestingly, Sheriff Lee does though there are few Asian-American Joy Lyu Monahan is an not believe in racial barriers, explaining attorneys in Louisiana, we actually ac- associate in the New Orleans firm of Heller, Draper, his Asian-American heritage has neither complish two goals. First, we have be- Hayden, Patrick & Horn, helped nor hurt him as a lawyer. He come role models for upcoming genera- L.L.C. She received a BA describes himself as being a lawyer who tions of Asian-Americans who wish to degree in 1991 from just happens to be Chinese and that he enter the practice of law. We show that Georgetown University, a master’s in public policy in never allowed his being Chinese to stop Asian-Americans can succeed in the le- 1994 from Georgetown University and her JD him from being or doing anything else he gal profession, and that any preconceived degree in 1997 from Louisiana State wanted. barriers are not insurmountable. Second, University Paul M. Hebert Law Center. She Despite the generation gap between we change stereotypes and perceptions is a member of the Federal, New Orleans and American bar associations, the Association us, Sheriff Lee was not at all surprised that not all Asian-Americans are quiet, for Women Attorneys, the Louis A. Martinet when I told him that I felt the same way. shy, passive or solely oriented to techni- Legal Society and the Organization of Perhaps Sheriff Lee and I share the same cal fields. No one has ever described me Chinese-American Women. She is president sentiment because we never allowed ra- to be “quiet or shy” and, like many of us, of the Georgetown University Alumni Club of New Orleans. (Ste. 2500, 650 Poydras St., cial barriers to prevent us from doing my aversion to math and science drove New Orleans, LA 70130) what we wanted to do. We both grew up me into the field of law. Of course, Sher-

Louisiana Bar Journal Vol. 53, No. 2 121 Best Practices to Achieve Diversity

By Kim M. Boyle are leveraged to positively impact the success of the institution. n June 2003, the United States The issues of racial, ethnic and gender Supreme Court, in Grutter v. diversity inclusion are critical in the legal Bollinger,1 recognized that profession, as lawyers have generally led diversity can be a compelling state the way in many of the battles to ensure DIVERSITY interest. As the court stated, “[i]n quality in our society. While almost all orderI to cultivate a set of leaders with law firms, corporate legal departments in the Legal Profession legitimacy in the eyes of the citizenry, it and government agencies are generally is necessary that the path to leadership committed to the principle of diversity be visibly open to talented and qualified in the workplace, many of these individuals of every race and ethnicity.”2 institutions have not implemented In a diverse work environment, all specific steps. There is a saying, employees can develop and fulfill their attributed to Albert Einstein, that “the potential and the talents of all employees definition of insanity is doing the same

122 August/September 2005 thing over and over again and expecting explain the failure to hire minority 5. Finally, it is important for any law a different result.” In the context of candidates is that there is only a small firm, governmental agency or in- diversity in the legal profession, it is pool of “qualified” minority house legal department that is important that we continue to explore candidates and too much strong committed to diversity to recognize methods that work, and discard those that competition for that pool. Simply that it is an ongoing process, and the have proven to be ineffective. stated, that assertion is baseless. To methods used to achieve diversity In implementing a plan to achieve the contrary, there is an should be re-evaluated and analyzed diversity, the following steps are “undiscovered” pool of talented and on a regular basis. Real diversity illustrative rather than exhaustive, but all qualified minority candidates. It is works and is an integral part in the are critical to an institution’s diversity critical that institutions serious about success of an institution. As the efforts. recruiting and retaining minority Supreme Court noted in Grutter, the attorneys expand their search beyond benefits of diversity “are not 1. The most important aspect to the the usual avenues. theoretical but real, as major development of a diversity plan is that For example, the recruitment American businesses have made clear there must be explicit, overt and full process can be expanded to law that the skills needed in today’s commitment to the concept of schools that have large enrollments of increasingly global marketplace can diversity and inclusion from the minority students, such as Southern only be developed through exposure leaders of the legal institution. University Law Center in Baton to widely diverse people, cultures, Specifically, management must Rouge, Howard University in ideas, and viewpoints.”3 The legal recognize that diversity provides Washington, D.C. and Thurgood profession must continue its critical resources which will Marshall Law School in Texas. Tulane commitment to this important ultimately assist in business growth, University has a Diversity Clerkship principle. client service and community Program to identify minority law participation. If the institution has an students, where participating firms FOOTNOTES unequivocal commitment to inclusion, host receptions, make presentations to this will positively impact not only the the students concerning their 1. 123 S.Ct. 2325 (2003). firm’s recruitment process, but more respective practice areas and address 2. 123 S.Ct. at 2341. importantly, its retention of top-level substantive questions from students talented individuals who represent a concerning the firm and the practice 3. 123 S.Ct. at 2340. diverse cross-segment of the of law. A number of firms, community. On the other hand, mere corporations and agencies participate “lip service” by leadership to the in various job fairs to identify concept of diversity will negatively minority and women candidates. This ABOUT THE AUTHOR impact the firm’s recruitment and type of effort can lead to the retention of women and racial and successful recruitment of minority and Kim M. Boyle, a partner in the New Orleans office of Phelps ethnic minorities. women candidates. Dunbar, L.L.P., is currently serving as treasurer of the 2. Diverse leadership also impacts 4. Legal institutions also must recognize Louisiana State Bar Asso- diversity efforts. If there is no racial that retention is as important as ciation and is a member of the Task Force on Diversity in the and/or gender diversity at the top, recruitment. An important component Profession. She has been a questions may be raised about the of professional growth is significant member of several other Bar committees, commitment to diversity and the mentoring. One of the primary including Ethics 2000, Nominating, Budget realistic opportunities for advance- complaints minority and female and Technology, and served on the Board of Governors and on the Louisiana Bar Journal’s ment by minority and women attorneys have about large law firms Editorial Board. She was the 2003 president attorneys. and corporate legal departments is the of the New Orleans Bar Association and has lack of real mentoring. Professional received numerous awards from various 3. It is absolutely critical that law firms, mentoring, which includes training, organizations, including the LSBA President’s Award, the Louis A. Martinet Legal Society, corporate law departments and guidance and advice in specific legal Inc. President’s Award, the Martinet A.P. governmental agencies that employ practice areas, as well as client Tureaud Award and the NO/AIDS Task Force attorneys focus upon different ways development and internal firm Humanities Award. She received an AB degree of identifying individuals as potential relationships, is an important aspect in 1984 from Princeton University and her JD degree in 1987 from the University of candidates. The process used for of professional advancement in any Virginia School of Law. (Ste. 2000, 365 Canal recruitment is as important as the end institution and should clearly be used St., New Orleans, LA 70130-6534) result. One “myth” that is used to in efforts to achieve diversity.

Louisiana Bar Journal Vol. 53, No. 2 123 What is the Goal? Where Do We Stand? Diversity Within DIVERSITY in the Legal Profession La. Law Schools

By Winston G. DeCuir, Jr.

ny evaluation of diversity in the legal profession must, as a prerequisite, consider diversity within the law schools because it is Athe law schools that feed new lawyers into the profession. “Diversity,” however, is now a catch phrase for almost anything politically correct. Therefore, any consideration of diversity must begin with determining what is diversity and what should be the goal of a law school, if any, with respect to diversity? Once these questions are addressed, then it becomes a fairly easy task to evaluate where the four law schools in this state stand with respect to diversity.

An Opinion Upon Diversity

My opinion as to the purpose or goal of diversity in a law school was molded by the lack of diversity in my own alma mater. My graduating class had almost 200 students, yet fewer than 10 of those students were African-American. As a senior law student, I prepared a short article for a new fledgling student publication in which I asserted that it was the white students who were “short changed” in their education by the lack of diversity within the student body. Seven years later, although slightly refined, I still

124 August/September 2005 subscribe to a similar theory as to why Court decisions involving affirmative undergraduate grades and the LSAT diversity is important within our state’s action have forced them to reconsider score. LSU believes that the reduced law schools. their methods for recruiting and admit- attrition, combined with an increase in My belief is that diversity among the ting minority students. According to K. the number of minority students, is con- student body in an educational environ- Michele Allison-Davis, dean of admis- tributing to a more comfortable environment such as law school contributes a sions for Loyola University Law School, ment for minority students, and LSU unique knowledge base to the education the recent decisions have “made all law expects this trend to make minority re- of future lawyers. Students from differ- schools more aggressive in recruiting cruiting easier than it had been in the ent races and cultures bring different minority students,” which has made re- past. backgrounds and opinions to the class cruiting harder. She indicated that The Southern University Law Center and school, which naturally contribute to Loyola’s efforts to maintain its diverse is in a unique position, for its student the healthy debate among new legal minds student body include recruiting at the body maintains a significant proportion spurred by differences in opinion on con- nation’s historically black colleges and of other-race students. Southern is clearly troversial issues. Likewise, an absence of universities, providing financial incen- the most diverse law school in the state this diversity creates a void in the educa- tives and sponsoring programs about the from a racial and socio-economic stand- tional environment that detracts from the legal profession for students as early as point. Southern, however, remains acutely learning of all, regardless of race. high school. cognizant of its proportion of other-race As a law student, I posited that this is Trina S. Olidge, Tulane Law School’s students. Recent additions such as its why my law school failed to properly assistant dean for community affairs and evening program are expected to enhance educate my classmates. Although I gained diversity, also acknowledged that Tulane its diversity in a new dimension by in- a wealth of information about differ- is competing for fewer and fewer Afri- creasing its appeal to non-traditional ap- ences in opinions among my classmates, can-American students in the pipeline. plicants. they were limited to me as the only non- Olidge felt that Tulane has been ahead of white student in several classes. Assum- the national curve in diversifying its stu- Conclusion ing there is diversity of opinion within dent body. In the middle 1980s, Tulane races as well as between races, it is easy added a full-time administrator for its Ultimately, I was heartened to learn to see a lack of diversity can detract from diversity initiatives. These efforts have that each of the four law schools ac- the breadth of knowledge in the law school contributed to a student body that, over knowledged that diversity was an impor- environment. It is not hard to imagine the past decade, has consistently con- tant goal and each had personnel dedi- that this void in the law school environ- sisted of 20 to 25 percent of students of cated to this mission. In light of my ment would create a correlating void in color. Olidge, however, had some con- candid and open conversations with them, the profession. Therefore, diversity within cerns about maintaining that diversity, I would like to conclude that they truly a law school should be aimed at prevent- especially among African-American stu- understand the importance of diversity ing this void, which, in turn, will improve dents, given the recent increase in com- and its impact upon our profession. Un- the profession. petition for the top candidates. fortunately, it is my own experience as a LSU’s admissions officer, Eric Eden, law student that leaves me with some indicated that LSU has recently made lingering doubt. I can only hope that the Overview from some strides in improving the diversity in current trends in our law schools will not the Law Schools its student body. The 2004 entering class leave the same feeling in the next young had 26 African-American students, which lawyer who, several years from now, All four law schools were questioned continues an increasing trend among prepares an update on this article. for this article about their approach to minority students even while LSU has diversity. The topics included recruit- been simultaneously decreasing the size ment, retention and career placement of of its entering classes. He quickly pointed minority students. The schools were very out that things have changed quite sig- forthcoming with demographic data and nificantly since my matriculation in 1995. ABOUT THE AUTHOR details about recruiting and opinions on LSU has a diversity officer, Daphne trends in the profession. Below is a brief James, who assists in targeting and re- Winston G. DeCuir, Jr. is an associate with the law firm of summary of some of their responses. cruiting African-American applicants. DeCuir, Clark & Adams, L.L.P. All schools acknowledged that there LSU’s most significant improvement, He is a 1998 graduate of Loui- was a benefit to diversity in the educa- however, has come in the area of reten- siana State University Paul M. tional environment. Tulane, Loyola and tion, which LSU attributes to its transi- Hebert Law Center. (1961 Gov- ernment St., Baton Rouge, LA Louisiana State University (LSU) action to a “full file review” of every appli- 70806-5308) knowledged that the recent Supreme cation as opposed to looking only at

Louisiana Bar Journal Vol. 53, No. 2 125 Getting a Foot in the Door . . . .

Diversity Spotlight: DIVERSITY in the Legal Profession Entergy Corporation

By Robert D. Sloan

ith annual revenue of $10.1 billion and roughly 15,000 em- Wployees, Entergy Corporation bears the distinction of being the only Louisiana company on the Fortune 500 listing for 2005. With this position comes a special responsibility of corporate citi- zenship, ranging from adherence to the highest legal and ethical standards to a devotion to the interests of our customers, employees and investors. A central element of achieving these goals is the implementation of an effective approach to diversity in the workplace. In my view, the case for diversity is compelling for a range of reasons. First and foremost, in a nation dedicated to “equal justice” for all and the goal of “equal opportunity,” we need to do our best to ensure that hiring and personnel management decisions are in accordance with these mandates. This is really our duty as good citizens, corporate and otherwise. Second, the strictly business case for diversity is quite compelling:1 A work environment that encourages employees of diverse backgrounds and experiences tends to reduce conflicts and misunder- standings, resulting in higher rates of productivity and employee retention.2 In addition, as the company’s customer base becomes more diverse with changing American demographics, a diverse employee pool will be better equipped to

126 August/September 2005 understand and relate to customers, en- Outside law firms are coming under increased pressure abling us to better meet their needs.3 Indeed, a recent study confirms that com- to embrace the diversity goals of their corporate clients. panies that embrace a diverse and inclusive environment and focus on ensuring opportunities for continuous learning and improvement of all employees outper- “supplier diversity” programs.9 In the America’s corporations to advancing di- form key stock market indexes.4 legal arena, these supplier diversity pro- versity and requires that those who ac- The University of Michigan Law grams directly impact outside law firms cept its premises take action and not School admissions cases that were re- employed by corporate clients. simply give lip service to the issue.10 “A cently before the United States Supreme Outside law firms are coming under Call to Action” specifically proclaims: Court highlight the corporate increased pressure to embrace the diver- “We . . . intend to end or limit our rela- community’s commitment to achieving a sity goals of their corporate clients. In tionships with firms whose performance diverse workforce.5 Sixty-five of the lead- making decisions concerning selection consistently evidences a lack of meaning American businesses joined in an of outside counsel, Entergy, like many ingful interest in being diverse.” amicus brief in support of respondents,6 other corporations, gives significant As of May 2005, the chief legal offic- and they made clear that from a business weight to a law firm’s commitment and ers from 83 major corporations — in- perspective, diversity is not an option. progress in this area. In spring 2004, Sara cluding Entergy — expressly endorsed Rather, it is a business necessity based Lee Corporation’s general counsel took the initiative. Other participating compa- not just on common decency and ethical the initiative to issue a letter entitled “A nies include Shell Oil, General Motors, standards but also on the demands of the Call to Action: Diversity in the Legal Marriott, Dow Chemical, American Air- marketplace. Profession.” The document reaffirms the lines, Merck, UPS, MCI, PepsiCo, Sears Writing for the majority in Grutter v. commitment of the chief legal officers of and Wal-Mart.11 Consistent with this ef- Bollinger, Justice O’Connor cited the corporate amicus brief approvingly: “These benefits are not theoretical but real,” she writes.7 More specifically, Justice O’Connor agrees with the corporate amici in that “[t]he skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas and viewpoints.”8 From my position as Entergy’s chief legal officer, I want to stress our strong commitment to the goal of diversity in the workplace. In our business throughout the United States and abroad, we value highly the varying perspectives and experiences that can only be found in a diverse workplace. Entergy recognizes that diversity makes for a broader, richer environment that fosters innovative thinking and creative business solutions. It is for these reasons that Entergy values diversity and embraces it as a strategic competitive business advantage. Internal diversity alone, however, is insufficient. There also must be an ex- pectation of diversity and inclusion from those entities supplying goods and services to the company. One author suggests that “there has been an explosion in corporate diversity initiatives” over the last 15 years, including the adoption of

Louisiana Bar Journal Vol. 53, No. 2 127 fort, in January 2005, Entergy’s Legal business has its own diversity council Diversity list was released to the media in April Department began implementing a pro- which serves as a conduit between em- 2005 and will be published in the June issue of gram whereby its lead lawyers in key ployees and management on diversity DiversityInc. 2. Borrowing liberally from Entergy’s functional areas meet annually with many issues. Diversity training also has been a Diversity Council Resource Guide, p.21. of its outside law firms to discuss, among key factor in this effort. One hundred 3. Id. other topics, their interest, commitment percent of Entergy’s employees, includ- 4. Return for one year dating February 2004 and progress in diversity. Entergy hopes ing the Legal Department personnel, to February 2005, the DiversityInc Top 50 Index to share best practices and track key received diversity training over the past outperformed the Nasdaq 100 and the Dow successes while helping to align the busi- year and a half. Jones Industrial Average and compared favorably with the Standard & Poor’s 500. See ness practices of its outside firms with its By maximizing the potential of every 4 DiversityInc 108 (April 2005). own. But, ultimately, those law firms employee — with no exceptions — 5. Grutter v. Bollinger, 123 S.Ct. 2325 who consistently show that they do not Entergy aims to position itself as an em- (2003), and Gratz v. Bollinger, 123 S.Ct. 2411 share Entergy’s philosophy regarding the ployer and business partner of choice as (2003). critical importance of diversity and in- well as a model corporate citizen. 6. This came to my personal attention when I reviewed a draft of the brief in my capacity as clusion will not have Entergy as a client. general counsel of General Electric Industrial Again, law firm diversity is just one FOOTNOTES Systems. GE was among the signatories to the aspect of corporate diversification. amicus brief. Entergy’s overall goal is to build a truly 1. According to a study commissioned by 7. 123 S.Ct. at 2340. diverse and inclusive in-house workplace DiversityInc, a trade publication that 8. Id. — one that values the different perspec- specializes in diversity-related issues, U.S. 9. See David B. Wilkins, Symposium: companies with more racially diverse staffs Brown At Fifty; From “Separate Is Inherently tives among its many employees and tend to deliver higher shareholder value than Unequal” To “Diversity Is Good For customers and attempts to use them to the other companies. See Reuters Report, April 14, Business”: The Rise Of Market-Based company’s advantage. To that end, each 2005. The DiversityInc Top 50 Companies for Diversity Arguments And The Fate Of The Black Corporate Bar, 117 Harv. L. Rev. 1548, 1556 (March 2004). 10. This document is a reaffirmation of Bell South’s General Counsel’s “Diversity in the Workplace: A Statement of Principle,” which You are cordially invited debuted in 1999, and on which approximately 500 major corporations joined as signatories, thereby showing their commitment to diversity to the opening of our new website in the legal profession. 11. Melanie Lasoff Levs, Call to Action Sara Lee’s General Counsel: Making Diversity a Priority, 7 Diversity & the Bar 20 (January/ RetrieveLaw February 2005). Obtain a one month free trial on our services. No special promotional codes needed! ABOUT THE AUTHOR Robert D. Sloan is executive vice president, chief legal Get: officer and secretary for Entergy Corporation. He 3Daily opinions received a BA degree, magna cum laude, in 1969 from the 3Reported cases University of Michigan and his Y 3Codes JD degree in 1972 from Harvard Law School. He was in the private 3Cite checking practice of law from 1988-98. He was an 3And much more adjunct professor of European Community law at Georgetown Law Center from 1990- 92. He worked in the Office of the Legal Adviser, U.S. Department of State, 1977-81, and as general counsel to the minority, Permanent Subcommittee on Investigations, RSVP signup to: www.RetrieveLaw.com U.S. Senate, 1973-77. (P.O. Box 61000, New Ph. 800-576-4800 A JuriSearch Company Orleans, LA 70161)

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Diversity Job Fair DIVERSITY in the Legal Profession Planned for Oct. 7

By Donald R. Cravins, Jr. the participation of large and mid-level ticipate in the Job Fair set their sights on corporate law firms from the Baton Rouge the higher-paying corporate jobs. Unfor- major project of the Loui- and New Orleans areas. The Job Fair was tunately, the number of these jobs was siana State Bar immensely successful. To date, record obviously limited and many students did Association’s (LSBA) Mi- numbers of minorities have found em- not meet the stringent academic require- nority Involvement Section ployment with many of the prestigious ments of the larger firms. As a result, is its annual Job Fair, firms that were once not so diverse. This many students who were not in the top Awhich presents law students with oppor- has resulted in many minority partners at tiers of their law school classes partici- tunities to have job interviews with pres- these firms. Unfortunately, the Job Fair’s pated in interviews with larger firms but tigious law firms as well as state and focus on larger firms overshadowed the were left without viable options for em- governmental agencies. For employers, ployment. the Job Fair presents an opportunity to During the past year, these issues were find qualified attorneys who just happen To date, record numbers aggressively addressed by members of to be minorities. In an age when corpo- the Minority Involvement Section. A re- rate clients expect true diversity within of minorities have found vived and refocused Job Fair will take the law firms representing them, the Job employment with many of the place on Oct. 7 and will consist of three Fair is a venue to locate some of the finest interrelated components designed to ad- legal minds in Louisiana and to bring prestigious firms that were dress the needs of both employers and much needed diversity to the state’s pri- once not so diverse. students. vate and public legal sectors. First, the Minority Involvement Sec- In recent years, the Job Fair experi- tion sponsored an Employers’ Seminar enced growing pains and, in 2004, there necessity to also court employers for on July 22. The section recruited law was no Job Fair. Instead, members of the those students not meeting the criteria of firms and public entities to participate so Minority Involvement Section set out to larger firms, and the needs of some stu- that all types of students can interview address the main issues that had arisen in dents were not being met. for realistic job opportunities. At the recent years and to develop a plan de- A related issue revolved around the Employers’ Seminar, the section edu- signed to refine and refocus the Job Fair unrealistic expectations of some of the cated employers about the necessity and for the future. These efforts have focused students and the fact that most of the benefit of hiring and retaining minority on two major areas. students who participated in the Job Fair attorneys. Emphasis was placed on the At its inception, the coordinators of competed for the limited number of posi- necessity for employers to assess their the Job Fair set out to accomplish a tions available at the participating firms. employment needs prior to interviewing respectable goal — to see more large Since the primary focus of the Job Fair students at the actual Job Fair. corporate firms hire and retain more mi- was on opening doors of larger firms that Second, the section will host a Stu- nority attorneys. From the beginning, the had been previously closed to minorities, dents’ Seminar on Aug. 26 to educate Job Fair primarily targeted and secured many of the students who chose to par- and inform students about various op-

130 August/September 2005 portunities for minority attorneys and to assist students in identifying realistic and 20th Annual Diversity Job Fair viable employment opportunities. Third, to address the needs of future Students’ Seminar law students, during the 2005 Job Fair, a Friday, Aug. 26, 2005 panel of law students from the four law 3-5 p.m. schools will be assembled to educate minority college students interested in Lindy Boggs Conference Center attending law school. The panel will give 2045 Lakeshore Drive, New Orleans, LA potential law students early and realistic guidance in matriculating through law At the seminar, students and recent graduates of Loyola University Law school and finding a job in the legal arena. School, Louisiana State University Paul M. Hebert Law Center, Southern To make it easier on both students and University Law Center and Tulane Law School will receive detailed employers and to increase participation of both, this year’s Job Fair will be on a information about the Oct. 7, 2005, Diversity Job Fair. Friday rather than the traditional Satur- day. Prior to the Job Fair, the Minority Involvement Section will encourage the 20th Annual Diversity Job Fair decision makers from the various firms, Friday, Oct. 7, 2005 rather than associates, to attend the inter- 1-6 p.m. views. This should result in an increased likelihood that students will leave the Job Lindy Boggs Conference Center Fair with a better indication of whether 2045 Lakeshore Drive, New Orleans, LA they can expect job offers. The Minority Involvement Section is The Louisiana State Bar Association’s Minority Involvement Section, in working to serve our state, our Bar and the conjunction with the Task Force on Diversity in the Profession, will host future members of the LSBA by using this a statewide single-day recruiting effort. The Job Fair will introduce multi-tiered approach in 2005. A wide variety of employers, armed with the knowl- students and recent graduates from the state’s four law schools to edge of the importance of diversity, will recruiters from law firms, governmental agencies and solo practitioners mean more opportunities for minority law throughout Louisiana. students, resulting in a more productive process for both students and employers. For more information on these programs, contact Louisiana State Bar Employers interested in participating Association Section and Committee Coordinator Christine A. Richard at in the Job Fair should contact LSBA Section and Committee Coordinator [email protected] or call (504)619-0105 or (800)421-5722, ext. 105. Christine A. Richard at crichard @lsba.org or call (504)619-0105 or (800)421-5722, ext. 105.

ABOUT THE AUTHOR

Donald R. Cravins, Jr. is affiliated with the Lafayette firm of Domengeaux, Wright, Roy & Edwards. He received his JD degree in 1998 from South- ern University Law Center. He has served as chair of the Loui- siana State Bar Association’s Crystal Gavel Awards Committee and is a member of the Federal Bar Association and the Baton Rouge Bar Association. (Ste. 500, 556 Jefferson St., Lafayette, LA 70501)

Louisiana Bar Journal Vol. 53, No. 2 131 B O O K R E V I E W

Laws, Customs and Rights: Charles Hatfield and His Family, A Louisiana History By Evelyn L. Wilson

Reviewed by Gail S. Stephenson

Laws, Customs and Rights: Charles Hatfield and His Family, A Louisiana History by Evelyn L. Wilson (Willow Bend Books 2004).

harles Hatfield wanted to attend law school in Louisiana. His attempt to enroll at Louisiana State University led to the Ccreation of a law school at Southern University in 1947. Hatfield became a respected teacher and union activist, but the closest he came to a law degree was an honorary doctor of jurisprudence degree awarded by Southern University Law Center (SULC) in 2002, a month before his death. Evelyn L. Wilson, professor of law at Southern University Law Center, uses Hatfield’s life and the lives of his ancestors to examine the worlds in which they lived. Meticulously documented, this 213-page paperback contains a wealth of historical information. Among the interesting bits of history woven through Hatfield’s genealogy are Haiti’s slave revolution in 1801, the lives of “free persons of colour” in the Free and Inde- pendent State of West Florida in the first half of the 19th century, the disparate treatment of black and white soldiers in the Civil War and World War II, the role of the Roman Catholic Church in educating blacks in south Louisiana, and life in the Beauregard Subdivision of Baton Rouge in the 1800s.

132 August/September 2005 Wilson details the long struggle of The book’s final chapters describe aptly uses Hatfield’s life and family blacks in Louisiana for equality of Hatfield’s graduate education as a teacher background to illustrate some of the educational opportunities, including the and his activities unionizing teachers in injustices blacks have overcome in the establishment of Southern University in Orleans Parish. After Southern’s law last 200 years and the changes wrought 1880, the desegregation efforts in school was established, resulting in the by one man’s efforts. Louisiana public schools during dismissal of Hatfield’s lawsuit, Hatfield Reconstruction, and the lawsuits that moved to Atlanta because of threats to forced universities in the South to permit his life. In 1952, despite a master of arts ABOUT THE AUTHOR black students to attend state-funded degree in sociology from Atlanta Gail S. Stephenson is the graduate and professional schools in their University and a master of arts degree in director of legal analysis and home states. Important cases such as education from Xavier in New Orleans, writing and assistant professor Plessy v. Ferguson and Missouri ex rel. Hatfield had difficulty obtaining a of law at Southern University Gaines v. Canada are explained simply Louisiana teaching certificate because he Law Center. She is a 1984 graduate of Louisiana State so that anyone, lay person or lawyer, can was considered a troublemaker. A letter University Paul M. Hebert understand them. While lawyers know from his lawyer to the superintendent of Law Center, where she was that Plessy established the now- education secured the certificate, and Order of the Coif and a member of the Louisiana Law Review. She is in her second repudiated “separate but equal” doctrine, soon thereafter Hatfield began his union term as a director at large of the Baton Rouge many are unfamiliar with the Gaines activism. Bar Association and has been a member of case, in which the Supreme Court held Hatfield never became a lawyer, but the Editorial Board of the Louisiana Bar Journal since 1999. (P.O. Box 9294, Baton that blacks had a right to the same his “individual acts of defiance” brought Rouge, LA 70813) education opportunities as whites within about great change in Louisiana. Wilson a state’s borders, although that could be accomplished through separate but “substantially equal” facilities. Wilson explains how Gaines led to the creation of law schools at historically black universities throughout the South, although today only five law schools at historically black universities are ABA accredited. Carefully selected epigraphs enhance each chapter. For example, the chapter explaining the Gaines case begins with this prophetic quote from Charles Hamilton Houston, counsel for Lloyd Gaines: “This case means nothing in 1937, but in 2000 A.D. somebody will look back on the record and wonder why the South spent so much money in keeping rights away from Negroes rather than granting them.” Other appealing extras are copies of photographs of Hatfield’s ancestors and his hooding ceremony at SULC, and reproductions of letters written in 1946 to Hatfield from LSU Law School Dean Paul Hebert and Southern University President J.S. Clark responding to Hatfield’s requests for admission to law school. Hebert’s letter directed Hatfield to Southern, while Clark’s letter advised Hatfield that Southern had no law school.

Louisiana Bar Journal Vol. 53, No. 2 133 AssociationACTIONS AD HOC COMMITTEE . . . SPECIALIZATION

Supreme Court Establishes Cangelosi, Baton Rouge; Burton E. strategy to focus first on obtaining the Ad Hoc Committee Cestia, Jr., New Iberia; Jeffrey M. Cole, eight hours of special credits; it will make to Study Disciplinary Board Lake Charles; Peter T. Dazzio, Baton it easier to manage compliance with the Finances, Workload Rouge; Steven G. Durio, Lafayette; Mark entire requirement by year’s end. A. Johnson, New Orleans; Clare F. Jupi- Attorneys admitted in 2005 will need The Louisiana Supreme Court has es- ter, New Orleans; Donald W. North, to earn their 12.5 hours, including eight tablished a 14-member Ad Hoc Commit- Baker; Timothy R. Richardson, New hours of ethics, professionalism or law tee to Study the Finances and Workload Orleans; Leslie J. Schiff, Opelousas; Jo- practice management, by Dec. 31, 2006. of the Louisiana Attorney Disciplinary seph L. Shea, Jr., Shreveport; and Rich- Be sure that the hours you have earned to Board (LADB). ard C. Stanley, New Orleans. date are accurately reported to the MCLE In addition to studying the finances Department. You can access your tran- and workload of the LADB, the commit- Time to Check 2005 CLE script online at the MCLE section of the tee, chaired by Justice Catherine D. Credits; Up to 4 Hours a Year LSBA Web site: Kimball, is charged by the court to make Can Be Earned Online www.lsba.org/MCLE-1/ recommendations as to whether an in- transcript_login.asp. crease in the annual disciplinary fee as- It’s a good time of year to tally up your An option now available for all attor- sessment is warranted. credit hours for the 2005 compliance neys is online credit. Up to four hours a If the ad hoc committee recommends period. Annual requirements are 12.5 year of CLE credit can be obtained via an increase in the assessment, the com- hours, including one hour each of ethics pre-approved courses on the Internet or mittee also is asked to make recommen- and professionalism, for attorneys ad- by telephone. dations concerning the amount of any mitted before Jan. 1, 2004. Hours must The MCLE Calendar of Technologi- such increase. be earned by Dec. 31, 2005, and reported cally Assisted Programming, The court has set a Feb. 1, 2006, no later than Jan. 31, 2006. www.lsba.org/MCLE-1/mcle_ deadline for the committee’s recommen- Attorneys admitted in 2004 need 12.5 calendar.html, contains hundreds of en- dations. hours, including eight hours of ethics, tries from accredited providers. You can Also serving on the committee are professionalism or law practice manage- select any available topic from the type Donald R. Brown, Monroe; Celia R. ment, by Dec. 31, 2005. It’s a smart of law filters, just like in the regular MCLE calendar. An added attraction is that ethics, professionalism and law practice management credits are available through online courses. Newly admitted attorneys can actually earn four of the eight hours required in these topics via computer or telephone, available 24 hours a day. For more information, contact the MCLE Department, (800)421-5722, exts. 134, 138 or 140.

134 August/September 2005 Applications Being Accepted Professional Liability Law for Bankruptcy Law Certification Certification to be Discussed at Legal Specialization The Louisiana Board of Legal Specialization (LBLS) has announced that Board Hearing applications for 2006 certification in both Business Bankruptcy Law and Con- sumer Bankruptcy Law will be accepted through September. The Louisiana Board of Legal You will be required to apply with both the American Board of Certification Specialization will conduct a public (the testing agency) and the LBLS; to avoid a delay in board certification, you hearing on Friday, Sept. 30 at the should apply with both simultaneously. Contact information concerning the Louisiana Bar Center, 601 St. Charles American Board of Certification will be provided with the LBLS application Ave., New Orleans. This hearing will form(s). include discussions on the creation of If you meet the minimum five-year, full-time practice requirement and are board certification in professional interested in applying, fax or mail the following information to: liability law and the benefits derived from such certification. Anyone planning to Catherine S. Zulli, Executive Director attend should e-mail a response to Louisiana Board of Legal Specialization [email protected]. 601 St. Charles Ave., New Orleans, La. 70130-3404 Fax (504)528-9154

PLEASE PRINT OR TYPE Questions About Legal Ethics or Advertising? Name LSBA Can Help You! Address

Louisiana lawyers face a variety of City/State/Zip ethical dilemmas on a daily basis; many lawyers also have questions about adver- Please check either or both: tising their services. ____ Business Bankruptcy Law If you have questions of this nature, ____ Consumer Bankruptcy Law help and information are readily available to you from the LSBA. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (S. The first and easiest step is to review 256) adds a new tool that will help bankruptcy courts ensure that attorneys paid the Louisiana Rules of Professional Con- by bankruptcy estates have the skill and experience required for modern bank- duct, available online 24/7, at: http:// ruptcy practice. The law now expressly authorizes bankruptcy judges to base www.lsba.org/Legal_Library/rules_of_ their fee awards on whether the lawyer has met the high objective standards professional_conduct_.asp. needed to become board-certified. If reading the Rules hasn’t helped you, look at the LSBA’s non-binding Public Ethics Advisory Opinions, now also available online, at: http:// www.lsba.org/committees/ As fraud-related litigation continues to escalate, so also will attorneys’ ethics_advisory_ service_commit1.asp. These opinions can be viewed, down- needs for experts in this high-profile area of accounting. loaded and/or printed right from the LSBA’s Web site. KERNION T. SCHAFER, CPA, MS If you’re still unsure about your situation, seek your own private, non-bind- A Life Fellow of the American College of Forensic Examiners ing ethics advisory opinion by contacting the LSBA’s Ethics Advisory Service/ Schafer Group LTD., LLC Advertising Advisory Committee, c/o its 701 Aurora Avenue, Suite A, Metairie, LA 70005 Ethics Counsel, Richard P. Lemmler, Jr., Phone: 504-837-6573 • Fax: 504-837-6570 (800)421-5722, ext. 144; (504)619-0144; Email: [email protected] or e-mail: [email protected].

Louisiana Bar Journal Vol. 53, No. 2 135 LAWYERSLawyers Helping By Rules of Professional Conduct Committee PUBLIC OPINION 05-RPCC-002

PUBLIC Ethics PUBLIC Opinion use of contingency fee agreements Advisory Opinions 05-RPCC-0021 in certain domestic relations matters, reflecting public-policy concerns promoting reconciliation and These Public Opinions have been Contingency Fees in protecting against overreaching in prepared by the Publications Sub- Domestic Relations Cases highly emotional situations . . . . committee of the Louisiana State Bar Association’s Rules of Professional A lawyer may not obtain a fee in a do- If the contingency fee were allowed Conduct Committee. The issues and mestic relations case if the fee is contin- prior to the divorce or prior to setting the topics covered within these opinions gent upon obtaining the divorce, setting amount of child or spousal support, the originate from actual requests for ethics the amount of support, or obtaining a lawyer’s interest in obtaining the fee could advisory opinions submitted to the Ethics property settlement in lieu of support. influence his advice on reconciliation issues, promoting divorce and hindering Advisory Service by lawyer members of The Rules of Professional Conduct Com- reconciliation, and his advice on setting the the Association. mittee considers the ethical concerns aris- amount of support, thus creating a conflict In selecting topics and issues for ing under Rule 1.5(d) of the Louisiana of interest with a vulnerable client. publication, the Publications Sub- Rules of Professional Conduct (2004): Once the divorce is final and the committee has reviewed opinions amount of support is set, there is no referred to it by Ethics Counsel and/or A lawyer shall not enter into an public policy consideration prohibiting a panel members of the Ethics Advisory arrangement for, charge, or col- contingent fee in collection efforts on a Service for purposes of determining lect: past-due amount, or in community prop- (1) any fee in a domestic relations erty matters that are not tied to setting whether the opinions submitted address matter, the payment or amount of support. The contingency fee could be a issues of interest, importance and/or which is contingent upon the secur- useful tool for an impoverished client to significance to the general bar and which ing of a divorce or upon the amount collect on past-due support or obtain a are not highly fact-sensitive. The of alimony or support, or property share of community property. While the Publications Subcommittee has made settlement in lieu thereof;. . . . client may not be able to hire an attorney every effort to promote and maintain by paying an advance deposit with an confidentiality of the parties involved in This Rule has remained the same even hourly rate, the client may be able to the original requests. after review by the Louisiana State Bar obtain an attorney who will defer pay- Association’s (LSBA) Ethics 2000 Com- ment until collection of the arrearages or Recommended format for citation of mittee, the LSBA’s House of Delegates obtaining a share of the property. PUBLIC opinions: e.g., “LSBA-RPCC and, finally, the Louisiana Supreme Court Unlike other jurisdictions, Louisiana law PUBLIC Opinion 05-RPCC-001 (04/04/ in 2004. does not allow a court to assess post-di- 2005)”. vorce attorney’s fees in community prop- Questions, comments or suggestions Policy Considerations erty matters. And, while Louisiana law regarding the opinions, the publication does allow assessment of attorney’s fees process or the Ethics Advisory Service Before reviewing the various situa- and costs in past-due support actions, these may be directed to Richard P. Lemmler, tions governed by this Rule, the underly- are rarely sufficient to cover the fees incurred. Most Louisiana attorneys require Jr., Ethics Counsel, Louisiana State Bar ing policy considerations need to be discussed. Rule 1.5 (d) of the American Bar advance deposits in any past-due support Association, 601 St. Charles Ave., New Association Model Rules of Professional or community property cases. Of course, Orleans, LA 70130; direct dial (504)619- Conduct is identical to Louisiana’s rule. all contingency fees are still subject to the 0144; fax (504)598-6753; e-mail: The annotations to the American Bar other requirements of Rule 1.5 — for ex- [email protected]. Association Model Rule2 state: ample, reasonableness, in writing, etc.3

. . . Rule 1.5 (d) also prohibits the Opinion continued on page 153

136 August/September 2005 Frank X. Neuner, Jr. was sworn in as the 2005-06 president of the Louisiana State Bar Association by Hon. Marilyn C. Castle, judge in the 15th Judicial District Court. Beside him is his wife Tracy Neuner. It’s a Wrap! LSBA’s Annual Meeting 2005

All photos by Micha Hamilton

The 2005-06 Board of Governors was sworn in during the Annual Krebs. Standing from left, board members John M. Church and Meeting by Louisiana Supreme Court Chief Justice Pascal F. Calogero, Joseph A. Conino; Immediate Past President Michael W. McKay; Jr. Seated from left, board members Timothy A. Maragos and James and board members, Andrew Reed, Ronald J. Sholes, Steven G. E. Boren; Young Lawyers Section Chair Dona Kay Renegar; Trea- Durio, William M. Ford, Edwin L. Blewer, Jr., Richard L. Fewell, Jr. surer Kim M. Boyle; President Frank X. Neuner, Jr.; President-Elect and Raymond T. Diamond. Not in photo, board members James R. Marta-Ann Schnabel; Secretary E. Wade Shows; and board mem- Nieset, Pamela W. Carter, Shannan L. Hicks and Joseph W. Mengis. bers Celia R. Cangelosi, Paula Hartley Clayton and Patricia A.

Louisiana Bar Journal Vol. 53, No. 2 137 Annual Meeting 2005

President’s Awards

Justice, Judge, Attorneys Receive 2005 President’s Awards

Louisiana Supreme Court Justice Bernette Joshua Johnson, New Orleans attorney Richard C. Stanley, Lake Charles attorney J. Michael Veron and United States District Court Judge Jay C. Zainey were the recipients of 2005 Louisiana State Bar Association (LSBA) President’s Awards, presented by 2004-05 LSBA President Michael W. McKay during the Annual Meeting in June.

Justice Bernette Joshua Johnson Justice Johnson, co-chair of the LSBA’s Task Force on Diversity in the President’s Award recipient Louisiana Supreme Court Justice Bernette Joshua Johnson, left, Profession, was the first woman elected and 2004-05 LSBA President Michael W. McKay. to the Orleans Parish Civil District Court in 1984. She was elected chief judge by her colleagues. She was elected associate She graduated valedictorian at Walter Richard C. Stanley justice of the Louisiana Supreme Court L. Cohen High School in New Orleans, Stanley is a founding member of in 1994. attended Spelman College in Atlanta, Stanley, Flanagan & Reuter, L.L.C. He Ga., and was one of the first African- graduated cum laude from Harvard Law American women to receive a JD degree School in 1983 and clerked for Hon. from Louisiana State University Paul M. Albert Tate, Jr. on the U.S. 5th Circuit Hebert Law Center in 1969. Court of Appeals from 1983-84. His prac- Justice Johnson has worked in the tice focuses on complex commercial liti- public sector as a legal services attorney gation and class actions, and he was and a deputy city attorney for the city of recently named to the Defense Steering New Orleans. During the 1960s and Committee by Judge Eldon E. Fallon in 1970s, she interned with the U.S. Justice the Vioxx Products Liability Litigation, Department, Civil Rights Division, and MDL 1657. He also frequently repre- was a community organizer with the sents law firms and lawyers in matters NAACP Legal Defense and Educational involving ethics and professional liabil- Fund in New York City. She organized ity. the first continuing legal education pro- He teaches a seminar on professional gram for the Louis A. Martinet Legal responsibility and legal ethics at Tulane Society and chaired the committee. Law School, where he has been an ad- She has received numerous honors junct professor for 20 years. He was a and awards, including induction into the member of the LSBA Ethics 2000 Com- LSU Law Center Hall of Fame, the Ameri- mittee and the Supreme Court Commit- can Bar Association’s Margaret Brent tee to Study Rules Governing Financial President’s Award recipient Hon. Jay C. Women Lawyers of Achievement Award Assistance to Clients, and is chair of the Zainey, left, and 2004-05 LSBA President and the first Ernest N. Morial Award LSBA’s Standing Committee on the Rules Michael W. McKay. given by the Louis A. Martinet Society. of Professional Conduct.

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J. Michael Veron Hon. Jay C. Zainey Veron received his JD degree from Judge Zainey was appointed by Presi- Tulane Law School in 1974. He was a dent George W. Bush to the United States Tulane Law Review editor and was elected District Court for the Eastern District of to membership in the Order of the Coif. Louisiana in February 2002. After receiv- After a judicial clerkship, he attended ing his JD degree from Louisiana State Harvard Law School and received the University Paul M. Hebert Law Center in LLM (master of laws) in 1976. 1975, he had a general litigation practice in He is a member of the firm of Bice, the New Orleans area. He is a past president Palermo & Veron, L.L.C. He is an active of the LSBA (1995-96), past president of trial lawyer, representing plaintiffs and the Jefferson BarAssociation (1990-91) and defendants in civil and criminal cases in served on the Executive Council of the federal and state courts in Louisiana and National Conference of Bar Presidents Texas. In the past five years, Veron has (1998-2000). He is currently president of been awarded more than $130 million in the Judge John C. Boutall American Inn of settlements. Court, is on the executive board of the Pro President’s Award recipient J. Michael He has published numerous law re- Bono Project, and is on the board of direc- Veron, left, and 2004-05 LSBA President view articles, has been an adjunct profes- tors of the New Orleans Chapter of the Michael W. McKay. sor at LSU Paul M. Hebert Law Center Federal Bar Association. and Tulane Law School and is a frequent He is co-founder of SOLACE, a LSBA He is in the process of starting similar CLE lecturer. He has published three program providing services to members programs in Baton Rouge, Lafayette, novels, The Greatest Player Who Never of the bar association and the entire legal Shreveport and Alexandria. Lived (2000), The Greatest Course That community who experience family trag- He has been a guest lecturer at con- Never Was (2001) and The Caddie (2004). edies and who have special needs. tinuing legal education seminars on the The Greatest Player Who Never Lived Judge Zainey organized the Homeless subjects of lega ethics and professional- was hailed by the New York Times as Experience Legal Protection (H.E.L.P) ism throughout the United States and “Golf’s Literary Rookie of the Year.” program in May 2004. In this program, Canada. He also has served as a member Veron is listed in Naifeh & Smith’s The more than 350 attorneys provide legal of the Louisiana Supreme Court Com- Best Lawyers in America. consultation services and notary services mittee on Judicial Ethics, which renders at four homeless centers in New Orleans. ethics opinions for judges.

LSBA President Michael W. McKay, right, presented flowers to Tracy Neuner, wife of 2005-06 LSBA Presi- dent Frank X. Neuner, Jr. President’s Award recipient Richard C. Stanley, left, and 2004-05 LSBA President Michael W. McKay.

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Pro Bono Awards

Attorneys, Law Firms Receive Pro Bono Publico Awards

Four attorneys and two law firms received 2005 Pro Bono Publico Awards, presented during the Louisiana State Bar Association’s (LSBA) Annual Meeting in June. Honored were attorney T. Darlene Bewley of Metairie, the Dyess Law Firm of Many, attorney E. Phelps Gay of New Orleans, the New Orleans law firm of Krebs, Farley & Pelleteri, L.L.C., attorney Thomas C. McBride of Alexandria and attorney Garth J. Ridge of Baton Pro Bono Award recipient T. Darlene Bewley, right, and 2005-06 LSBA President-Elect Rouge. Marta-Ann Schnabel, former co-chair of the Access to Justice Committee.

T. Darlene Bewley Louisiana State Legislative Task Force and joint collaboration of the American Bewley, a 1987 graduate of Loyola on Legal Representation of Children, the Bar Association and LSBA’s Justice for University Law School, is a sole practi- Gillis Long Poverty Law Center Advi- Children Committee. She also is the pro tioner in Metairie. She works in the areas sory Board, the Child Advocacy Media- bono consultant to the Children’s Law of child and adult protection. A frequent tion Project Steering Committee, the Project of The Pro Bono Project (New speaker at juvenile law and mediation Louisiana Court Improvement Program Orleans). seminars, she is a member of the National CARE Committee, the Orleans Parish She is a former supervising attorney Association of Counsel for Children, the Juvenile Court Model Court Committee for The Pro Bono Project (New Orleans) and a former staff attorney for the New Orleans Legal Assistance Program. She has been an adjunct clinical assistant professor at Louisiana State University Medical Center in the Department of Psychiatry and a visiting clinical professor at Loyola University Law School. Bewley is recognized for her long- term commitment to the representation of children in need. She not only represents children in a pro bono capacity but also acts as a mentor to pro bono volunteers and to private attorneys who represent children. She has advocated for children with disabilities and in special education cases and was an original board member of the Pediatric AIDS Program. She provided more than 300 hours of pro bono services in 2004 and has provided well over 2,000 hours of pro bono service during her career. Pro Bono Award recipients Desiree Duhon-Dyess and Daniel Dyess of the Dyess Law Firm, center and right, and 2005-06 LSBA President-Elect Marta-Ann Schnabel.

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services in the community, the Dyess Law Firm has demonstrated its commitment to provide equal justice to all people regardless of financial ability.

E. Phelps Gay Gay is a partner in the New Orleans law firm of Christovich & Kearney, L.L.P. He received his undergraduate degree from Princeton University and his JD degree from Tulane Law School in 1979. His practice areas include maritime law, products liability, health care law and the defense of professional malpractice claims. He also is a mediator with the statewide arbitration and mediation firm of ADR inc. and a public arbitrator with the National Association of Securities Dealers’ dispute resolution program. Pro Bono Award recipient E. Phelps Gay, right, and 2005-06 LSBA President-Elect Marta- He is a past LSBA president and has Ann Schnabel. served on the board of directors of the Louisiana Association of Defense Coun- sel, the Louisiana Bar Foundation, the Dyess Law Firm Domestic Violence Advisory Board, the Daniel Dyess began the Dyess Law Natchitoches Bar Association and cur- New Orleans Bar Association and the Firm in 1983 in Many as a sole practitio- rently is the president of CASA of Louisiana Judicial College. He currently ner. Dyess is a graduate of Southern Natchitoches. Mr. Dyess is a member of serves on the board of directors of The University Law Center and was admitted the American Bar Association, the Ameri- Pro Bono Project (New Orleans). to the Louisiana Bar in 1981. His wife, can Trial Lawyers Association and the He is recognized for lengthy pro bono Desiree Duhon-Dyess, a graduate of Loui- Louisiana Trial Lawyers Association. service on behalf of an elderly New Or- siana State University Paul M. Hebert Through its work with pro bono legal leans couple who faced foreclosure on Law Center, joined the firm in 2001. They handle family law cases. Shortly after opening the Dyess Law Firm, Mr. Dyess began providing volunteer legal services to individuals in northeast Louisiana who could not afford a private attorney and could not be represented by the local legal services program. The Dyess Law Firm began an ongoing relationship with Kisatchie Le- gal Services Corp. (currently Legal Ser- vices of North Louisiana), accepting domestic cases which included custody, divorce, child support and spousal abuse issues. In the past three years, the firm has represented approximately 30 clients. They have a history of not refusing the difficult cases. The Dyess Law Firm contributes to various community legal groups. Mrs. Dyess is involved with the Natchitoches Pro Bono Award recipient David J. Krebs, right, representing the Krebs, Farley & Pelleteri Business & Professional Women, the law firm, and 2005-06 LSBA President-Elect Marta-Ann Schnabel.

Louisiana Bar Journal Vol. 53, No. 2 141 Annual Meeting 2005

their home. After initiating litigation, he was able to work with the lender and other defendants to resolve the case in 2005, achieving a complete cancellation of the mortgage.

Krebs, Farley & Pelleteri, L.L.C. Krebs, Farley & Pelleteri, L.L.C., is a New Orleans-based law firm founded in April 2001. The firm’s attorneys have Matt J. Farley Maura Z. Pelleteri Thomas C. Garth J. Ridge substantial experience in commercial liti- McBride gation, with particular emphasis on fidel- ity and surety matters, life and health tion. In addition, he is a member of the protection issues. His practice also in- insurance, construction law and bank- Louisiana Bar Foundation and the Ameri- cludes work in the areas of successions ruptcy. Since its founding, Krebs, Farley can and Alexandria bar associations. He and family law. & Pelleteri has demonstrated a consis- received his JD degree in 1979 from He has been an active member of the tent commitment to pro bono representa- Louisiana State University Paul M. Hebert Baton Rouge Bar Association’s Pro Bono tion generally and The Pro Bono Project Law Center and his LLM in 1980 from Committee since 1992 and has volun- (New Orleans) in particular. Georgetown University Law Center. teered monthly with the Pro Bono The firm’s dedication to abused and He is recognized for years of provid- Program’s “Thirst for Justice” legal clinic neglected children through providing rep- ing legal services to the indigent through since it began in June 2001. resentation in Child in Need of Care the Central Louisiana Pro Bono Project. Several years ago, Ridge tackled an (CINC) proceedings helped develop a In the past four years, he has accepted ongoing issue facing the Baton Rouge foundation for The Project’s Children’s more than 40 referrals for Chapter 7 and Bar Association. When clients seeking a Law Program. The firm’s efforts contrib- Chapter 13 cases from the Pro Bono divorce lacked funding to procure the uted greatly to the success of the program Project. These cases enabled indigent services of a curator, Ridge provided pro in 2004, its first official year in opera- debtors to discharge approximately bono services for all such cases that came tion. The firm contributed nearly 800 $600,000 in debt. through the Bar Foundation’s Pro Bono hours this year alone, especially impres- Project. By doing this, clients only have sive given its size of 17 attorneys. In Garth J. Ridge to provide advertising costs. He is recog- addition, partner David J. Krebs pro- Ridge earned his JD degree from Loui- nized for his significant contributions to vides continuous program development siana State University Paul M. Hebert pro bono services. support as a member of The Project’s Law Center and is a private practitioner board and as committee chair for the in Baton Rouge. He was admitted to the Children’s Law Program. Louisiana Bar in 1991. He also is admit- The Pro Bono Project and staff of the ted to practice in the Louisiana 5th Cir- Children’s Law Program recognized the cuit Court of Appeal and the U.S. District firm’s efforts in giving abused and ne- Courts for the Eastern, Middle and West- glected children of New Orleans a voice ern Districts of Louisiana. His practice is in court by presenting the firm with the concentrated in the area of consumer 2004 Pro Bono Firm of the Year Award. credit protection, with particular empha- The other named partners are Matt J. sis on the federal Consumer Credit Pro- Farley and Maura Z. Pelleteri. tection Act. He has represented theft of identity victims under the Fair Credit Thomas C. McBride Reporting Act. He has pursued the cor- McBride is a partner in the Alexan- rection of numerous injustices through dria law firm of McBride & Collier. His class-action cases under the Fair Debt practice is focused on consumer bank- Collection Practices Act, the Truth in ruptcy cases. He has been a speaker at Lending Act and the Equal Credit Op- numerous bankruptcy law seminars and portunity Act. He is highly regarded for American Bar Association President he has served on LSBA committees for his consumer knowledge and has been Robert J. Grey, Jr. lawyer advertising and legal specializa- consulted by legislators on consumer

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Recognizing a President . . . . Michael W. McKay, 2004-05 LSBA president, was honored for his services to the Bar. With him are incoming LSBA President Frank X. Neuner, Jr. and his wife, Leah Hipple McKay.

House of Delegates Meeting

Mary H. Barrios, James E. Boren, Denham Springs Baton Rouge

Louisiana Bar Journal Vol. 53, No. 2 143 Annual Meeting 2005

Friend of Pro Bono Award

Baton Rouge Clerk of Court Receives Friend of Pro Bono Award

Baton Rouge Clerk of Court Joseph Douglas “Doug” Welborn received the Louisiana State Bar Association’s Friend of Pro Bono Award during the Annual Meeting in June. In 1980, Welborn was elected to serve the first of three terms on the Baton Rouge Metro Council, representing the Central area. In 1991, he successfully ran for the position of East Baton Rouge Parish clerk of court. Soon after taking office, he became the first clerk in Louisiana to assist in the implementation and administration of a fund to provide pro bono legal services Friend of Pro Bono Award recipient Joseph Douglas “Doug” Welborn, left, and 2005-06 LSBA within East Baton Rouge Parish. Upon President-Elect Marta-Ann Schnabel, former co-chair of the Access to Justice Committee. the adoption of legislation to provide for an assessment on all civil filings in Loui- delivery of pro bono legal services. legal services to the needy. The program siana district courts, he was the first to Since the inception, approximately implemented by Welborn’s office has implement the collection and adminis- $40,000 is collected annually by the become a model that other district courts tration of the fund to be used for the clerk’s office to assist with provision of follow throughout Louisiana.

Career Public Interest Award

Lenard Receives Career Public Interest Award

Hammond attorney Brian D. Lenard he is co-executive director of Southeast received the Louisiana State Bar Louisiana Legal Services. From 1982- Association’s (LSBA) 2005 Pro Bono 2003, he was executive director of the Publico Career Public Interest Award, program until its merger wth the former presented during the Annual Meeting in New Orleans Legal Assistance Corp. Brian D. Lenard June. A recurring theme in his work has Following his graduation from Loui- been the development of statewide ef- Lenard is the first recipient of this siana State University Paul M. Hebert forts to serve the needy. He played an award to come from a rural area. He is a Law Center in 1977, Lenard served as a important role in the areas of fighting long-time member of the domestic vio- VISTA attorney. Since then, his entire domestic violence, homelessness and lence program board, the social services career has been dedicated to serving low- predatory lending. He is the co-chair of council and a number of other organiza- income residents of Louisiana. Presently, the LSBA’s Access to Justice Committee. tions.

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Lifetime Achievement Award

Shows Receives David A. Hamilton Lifetime Achievement Award

Baton Rouge attorney E. Wade Shows received the Louisiana State Bar Association’s (LSBA) David A. Hamilton Lifetime Achievement Award, presented during the Annual Meeting in June. Shows, currently serving as LSBA secretary, is a graduate of Louisiana State University Paul M. Hebert Law Center. He is a founding partner in the Baton Rouge law firm of Shows, Cali, Berthelot & Morris, L.L.P. In addition to practicing with the firm, he began service as parish attorney for East Baton Rouge Parish on Aug. 8. He handles general civil litigation with an emphasis on the defense of product Lifetime Achievement Award recipient E. Wade Shows, left, and 2005-06 LSBA President- liability cases. Well versed in business Elect Marta-Ann Schnabel, former co-chair of the Access to Justice Committee. transactional work and floor-plan financing arrangements, he represents numer- Pro Bono Project’s Friend of Pro Bono Bono Program Award. He is a former ous automobile dealerships and their Award, the Baton Rouge Bar recipient of the LSBA’s Pro Bono Pub- wholesale financing arrangements. His Association’s President’s Award, the lico Award and the Crystal Gavel Award. practice includes litigation and deficiency David A. Hamilton Pro Bono Award and He is recognized because of his ongoing collections. He has been involved with the Louis A. Martinet Foundation Pro commitment to equal justice. pro bono legal services work since he began practicing law in 1975. Shows is a former board member of Capital Area Legal Services. He was instrumental in securing funding from the Baton Rouge City Court for the Baton Rouge Pro Bono Project, which funds the Ask-A-Lawyer Program. He also helped pass legislation for “Add-On Fil- ing Fees” to fund legal services projects throughout the state. He helped launch the “Thirst for Justice” Legal Clinic, offered by the Baton Rouge Bar Associa- tion and the local Society of St. Vincent dePaul. He also served on the LSBA’s Access to Justice Committee. He is the recipient of numerous local pro bono awards including the Capital Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr., from left, Louisiana Area Legal Services’ first Annie Smart Attorney General Charles C. Foti, Jr., 2004-05 LSBA President Michael W. McKay and 2005-06 LSBA President Frank X. Neuner, Jr. Award, the Baton Rouge Bar Foundation

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Victory Memorial Award

2003-05 Secretary James R. McClelland, left, and 2004-05 LSBA President Michael W. John J. Costonis McKay. McClelland served as editor of the Louisiana Bar Journal during his term in office. Costonis Receives Victory Award for Journal Article

John J. Costonis, chancellor of Louisiana State University Paul M. Leadership LSBA Hebert Law Center since 1998, is the recipient of the 2005 Stephen T. Victory Memorial Award, presented during the Louisiana State Bar Association’s Annual Leadership LSBA 2004-05 Meeting in June. Class Recognized The award recognizes writing achievements in the Louisiana Bar Journal. The members of the Leadership LSBA Costonis was honored for his article 2004-05 Class were recognized during entitled “Avenal v. State: A Road Map for the Annual Meeting. Takings and Damagings Claims Under the Members are: Louisiana and Federal Constitutions,” pub- Jason E. Cantrell...... New Orleans lished in the February/March 2005 issue. Erin J. Wilder-Doomes.... Baton Rouge Costonis previously served as dean of Vanderbilt Law School and earlier taught J. Brian Juban ...... Baton Rouge at the law schools of NewYork University, John T. Nesser IV ...... New Orleans Berkely, Illinois and Pennsylvania. He has Tricia R. Pierre ...... Lafayette written two books and numerous articles dealing with various aspects of the constitutional takings/damagings issue. Grace M. Barry, law professor and Erin J. Wilder-Doomes, left, of Baton Rouge director of the LSU Law Center legal was recognized for her participation in the writing program, assisted in the prepara- Leadership Class. With her is 2004-05 LSBA tion of the article. President Michael W. McKay.

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level and with particular emphasis in the Boisfontaine Award areas of tort, insurance coverage and administrative law. He has extensive experience in legislative, regulatory and governmental matters and has represented Johnson Receives LBF’s numerous public entities in both counsel- Curtis R. Boisfontaine ing and litigation capacities. Trial Advocacy Award Johnson served on the LSBA Board of Governors from 1975-76. He is a H. Alston Johnson III of Baton Rouge member of the LSBA, the American Bar received the 2005 Louisiana Bar H. Alston Johnson III Association and the American Law Insti- Foundation’s (LBF) Curtis R. tute and a former member of the council Boisfontaine Trial Advocacy Award. The Johnson is a managing partner of of the Louisiana State Law Institute. He award was presented in June during the Phelps Dunbar’s Baton Rouge office. He is a past president of the Louisiana Asso- Louisiana State Bar Association’s graduated cum laude in 1967 from ciation of Defense Counsel and, in 1988, (LSBA) Annual Meeting in Las Vegas. Georgetown University. He received his he served as chair of the Governor’s Johnson was selected for his long- JD degree in 1970 from Louisiana State Advisory Committee on Tort, Workers’ standing devotion to excellence in trial University Paul M. Hebert Law Center, Compensation and Insurance Reform. practice and for upholding the standards where he was a senior associate editor of From 1973-84, he served as consultant of ethics and consideration for the courts, the Law Review. Prior to joining Phelps for the LSBA Law Reform Committee. litigants and all counsel in his practice of Dunbar in 1984, he was a full-time mem- He is the author or co-author of three the law. ber of the law faculty at LSU for 12 years. treatises on Louisiana law published by He received a plaque signifying the He continues to teach as an adjunct mem- Thomson/West Publishing Co.: honor and a $1,000 cash stipend, which ber of that faculty, teaching primarily con- Louisiana Workers’ Compensation (4th the LBF donated to the Baton Rouge Bar flict of laws, federal courts and insurance. ed.), Louisiana Insurance Law (3rd ed. Foundation’s “Thirst for Justice” pro- His practice concentrates primarily in in manuscript) and Louisiana Civil Jury gram in Johnson’s name. litigation, particularly at the appellate Instructions (2nd ed.).

Members of the 2005-06 Board of Governors were sworn in by Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr.

Louisiana Bar Journal Vol. 53, No. 2 147 Annual Meeting 2005

Louisiana Bar Foundation

LBF Holds Annual Fellowship Meeting

The Louisiana Bar Foundation (LBF) held the Annual Fellowship Meeting in Las Vegas on June 27. David F. Bienvenu, 2004-05 LBF president, presented an award to the Baton Rouge Bar Founda- tion and announced that Suzanne M. Jones was the recipient of the President’s Award.

LBF Grantee Award for Excellence in Service and Programming The Baton Rouge Bar Foundation received the LBF’s Grantee Award for Excellence in Service and Programming for its “Thirst for Justice” Program. The award recognizes a grantee for an innovative, imaginative program and/or public service in the legal arena. The Thirst for Justice Program is a free legal clinic offered to the public on a weekly basis. The program helps those lacking transportation and without a permanent ad- The Baton Rouge Bar Foundation received the Louisiana Bar Foundation’s Grantee Award for Excellence in Service and Programming for its “Thirst for Justice” Program. Accepting dress such as the elderly, homeless and the award on the program’s behalf is E. Wade Shows, right. Presenting the award is 2004-05 disabled. LBF President David F. Bienvenu.

President’s Award 2005 Suzanne M. Jones is the recipient of Law School. Currently, she is affiliated the LBF’s President’s Award. She was with the Metairie firm of Young, Richaud selected by Bienvenu based on her dedi- & Meyers. cation and commitment to the LBF, vol- In addition to being active with the unteer service, her leadership role in major LBF, Jones has participated in multiple LBF accomplishments, her willingness professional associations, including the to volunteer for new projects and assis- Louisiana State Bar Association’s tance in addressing concerns facing the (LSBA) Young Lawyers Section, Mem- LBF. ber Services Committee and Access to Jones has been an active participant Justice Committee; Lafayette Volunteer on various committees since she became Lawyers; Lafayette Parish Bar Associa- a Fellow in 1991. She served as president tion; American Bar Association; Access from 2000-02; vice president, 1998-2000; to Justice; The Pro Bono Project; John G. Swift, left, presented an award to the first LBF Kids’ Chance Scholarship Covington Bar Association; Louisiana 2004-05 Louisiana Bar Foundation Presi- chair, 2002-2003; and Annual Dinner Lawyers for Life; and Council for a Bet- dent David F. Bienvenu. chair, 2004 and 2005. ter Louisiana. She is also the recipient of She graduated from Louisiana State the Loyola University Law School Gillis University in Baton Rouge and received Long Poverty Law Center’s Public Ser- her JD degree from Loyola University vice Award.

148 August/September 2005 Annual Meeting 2005

Young Lawyers Section

Young Lawyers Section Officers, Council Installed; Awards Presented

Louisiana Supreme Court Justice Catherine D. Kimball installed the 2005- 06 officers and council members of the Louisiana State Bar Association’s (LSBA) Young Lawyers Section during a reception in conjunction with the LSBA’s Annual Meeting in Las Vegas in June. During the reception, awards were presented to four Bar members and to the Baton Rouge Bar Association’s Young Lawyers Section.

Officers, Council Installed Dona Kay Renegar will lead the section as chair. Joining Renegar are Mark E. Morice, chair-elect; Karleen J. Green, secretary; and D. Beau Sylvester, Jr., immediate past chair. Dona Kay Renegar, left, was sworn in as 2005-06 chair of the Young Lawyers Section. Council members are Lawrence J. Louisiana Supreme Court Justice Catherine D. Kimball administered the oath. Centola and William D. French, District 1; Melanie M. Mulcahy and Jennifer Zeringue, District 2; Bradford H. Felder, District 3; Joel M. Lutz, District 4; Valerie M. Briggs Bargas and Michelle F. Plauché, District 5; Bradley L. Drell, District 6; W. Michael Street, District 7; Kenota P. Johnson, District 8; Kiana M. Mitchell, at-large representative; Beth E. Abramson, ABA/YLD representative; and Brian J. Engeron, ABA/YLD HOD representative.

Awards Presented Awards were presented to Joseph W. Mengis of Baton Rouge, the recipient of the Outstanding Young Lawyer Award; Darrel J. Papillion of Baton Rouge, the recipient of the Hon. Michaelle Pitard Wynne Professionalism Award; J. Chris- topher Peters of Jena, the recipient of the 2004-05 Young Lawyers Section Chair D. Beau Sylvester, Jr., center, was presented an award Bat P. Sullivan, Jr. Chair’s Award; and of appreciation by incoming Chair Dona Kay Renegar, left. At right is Louisiana Supreme Robert L. Odinet of Lafayette, the recipi- Court Justice Catherine D. Kimball. ent of the Pro Bono Award.

Louisiana Bar Journal Vol. 53, No. 2 149 Annual Meeting 2005

Joseph W. Mengis J. Christopher Peters

The Baton Rouge Bar Association Young Lawyers Section received the Local Affiliates/Service to the Public Award for its Dress to Impress program and the Local Affiliates/ Service to the Bar Award for its Sidebar Luncheons program.

Joseph W. Mengis Mengis is a partner in the Baton Rouge firm of Perry, Atkinson, Balhoff, Mengis Robert L. Odinet, left, is the recipient of the Young Lawyers Section’s Pro Bono Award. With & Burns, L.L.C. He received a bachelor’s him are 2004-05 Young Lawyers Section Chair D. Beau Sylvester, Jr., center, and YLS degree in 1989 from Louisiana State Council member Bradford H. Felder. University and his JD degree in 1992 from LSU Paul M. Hebert Law Center. He was admitted to practice in Louisiana Committee and as a council representa- cil in 2001. He is a member of the Baton in 1992. tive. He also represents the Louisiana Rouge Bar Association, the Bar Associa- He currently is assistant treasurer of State Law Institute on the Louisiana State tion of the 5th Federal Circuit, the Baton the Louisiana State Law Institute, as well Bar Association’s Board of Governors. Rouge Chapter of the Federal Bar Asso- as serving on the Institute’s Successions He chaired the Baton Rouge Bar As- ciation and the Louisiana Association of and Donations Committee, Coordination sociation Young Lawyers Section Coun- Defense Counsel. He has spoken at various continuing legal education seminars since 1999.

Darrel J. Papillion Papillion is a partner with the Baton Rouge firm of Moore, Walters, Thomp- son, Thomas, Papillion & Cullens. He is a graduate of Louisiana State University and LSU Paul M. Hebert Law Center. He is a member of the Louisiana State Bar Association’s House of Delegates, Budget Committee and Ethics Advisory Service Committee. He is a member of the Board of Gov- ernors of the Louisiana Trial Lawyers Association. He is a member of the Baton Rouge Bar Association’s board of directors, is chair of the Baton Rouge Bar’s 2006 Bench-Bar Conference and serves on its Darrel J. Papillion, left, is the recipient of the Young Lawyers Section’s Hon. Michaelle Pitard Publications Committee. Wynne Professionalism Award. With him are 2004-05 Young Lawyers Section Chair D. Beau He is a member of the adjunct faculty Sylvester, Jr., center, and YLS Council member Michelle F. Plauché.

150 August/September 2005 Annual Meeting 2005

of LSU Paul M. Hebert Law Center and serves on the LSU Law Center Board of And the Rest . . . . Trustees. He also is an adjunct professor of trial advocacy at Southern University Law Center.

American Bar Association President Robert J. Christopher Peters J. Grey, Jr., left, and Joseph E. Ching. Peters is a shareholder in the Law Offices of J. Christopher Peters, A.P.L.C., in Jena. He received a BS degree in 1991 from Louisiana State University and his JD degree in 1994 from LSU Paul M. Hebert Law Center. He was admitted to practice in Louisiana in 1994. He has served in the Louisiana State Bar Association House of Delegates from 1996-2001 and 2003-present. He also is the District Six representative on the Young Lawyers Section Council and chaired the YLS’s One Billable Hour Project. He currently is vice president of the Louisiana City Attorneys’ Association, is a Louisiana Bar Foundation Fellow and is a hearing officer for the Louisiana Attorney Disciplinary Board. He is the recipient of the 2000 LaSalle Parish Pro Bono Attorney of the Year Award. Four presidents: From left, American Bar Association President Robert J. Grey, Jr. and current and past LSBA presidents Michael W. McKay, Wayne J. Lee and Frank X. Neuner, Jr. Robert “Bobby” L. Odinet Odinet is affiliated with the Lafayette Parish Public Defenders Office. He also has served on the General Civil and Civil Rights Defense, Subrogation and Fed- eral Public Defender Panel since 2004. He received his BA degree from Louisi- ana State University and his JD degree in 1994 from LSU Paul M. Hebert Law Center. He was a member of the Leadership LSBA class. He served as treasurer of the Lafayette Young Lawyers Association in 2004 and as 2002 chair of the Teen Court Commit- tee and 2003 chair of the Law Week Committee. He is a member of Lafayette Volunteer Lawyers, preparing and representing the movers for domestic abuse protective orders. He also is a member of the American Inn of Court of Acadiana and the 2005-06 LSBA President Frank X. Neuner, Jr., from left, 2005-06 Young Lawyers Section Chair board of directors of Leadership LSU. Dona Kay Renegar, Joseph R. Oelkers III and Joseph C. Giglio, Jr.

Louisiana Bar Journal Vol. 53, No. 2 151 Annual Meeting 2005 And the Rest . . . .

The Neuner family, from left, Francis X. Neuner, Sr., Mary Frances Neuner, Gretchen Neuner Daniels, Randy Daniels, Mary Neuner, Tracy Neuner and Frank X. Neuner, Jr. Michael W. McKay and Leah Hipple McKay

Cliffe F. and Margaret Laborde Billy R. Casey and Patricia Peyton Casey Lynn and Leonard L. Kilgore III

Michael W. McKay and LSBA Executive Di- James M. Williams, Kim M. Boyle and Justice Bernette J. Johnson rector Loretta Larsen

152 August/September 2005 Opinion continued from page 136 munity property case and the support an attorney who will handle the litigation Types of Domestic case, taking a contingency fee in a com- on a contingency fee basis. Relations Cases munity property case is allowable. The prohibition in the Rule specifically refers Conclusion Specifically, in what domestic rela- to obtaining property settlements “in lieu” tions cases may a contingency fee be of alimony or support. Often when spou- In conclusion, the Committee believes charged? In most cases, it is prohibited, sal support and community property is- that while the general rule prohibits a but a review of how the Rule applies to sues are being negotiated or even liti- lawyer from obtaining a contingent fee in each type of case is in order: gated, the parties, attorneys and courts domestic relations cases, there are ex- will tie these issues together. For exceptions after the divorce is final that Divorce ample, rather than litigate fault and risk would allow a contingency fee in setting A contingency fee is not allowable in an paying indefinite final periodic spousal support arrearages and collecting them, action for divorce because it is specifically support, one party may offer more than and in community property partitions prohibited and hinders reconciliation. 50 percent of the net community estate. totally independent of support issues. The other party may accept that offer Custody, Paternity and Adoption rather than litigate fault and risk receiv- FOOTNOTES A contingency fee is not permissible ing no final periodic spousal support. in a case involving children. Tying re- This linking of issues is what this Rule 1. The comments and opinions of the Rules covery of an asset such as a “401(K)” or contemplates when it specifically proof Professional Conduct Committee — public or private — are not binding on any person or piece of property to obtaining custody of hibits a contingency fee contract. tribunal, including — but not limited to — the children, or disavowing paternity, or On the other hand, when there are no Office of Disciplinary Counsel and the Louisi- adopting children, is clearly against pub- spousal or child support issues and the ana Attorney Disciplinary Board. Public opin- lic policy, similar to the securing of the divorce is final, there is no reason, policy ions are those which the Committee has pub- divorce, even though the language of the or rule prohibiting a contingency fee. lished — specifically designated thereon as This will usually arise in the context of a “PUBLIC” — and may be cited. Private opin- Rule does not specifically say this. ions are those that have not been published by former spouse seeking a community prop- the Committee — specifically designated Setting Child Support or erty partition several years after the di- thereon as “NOT FOR PUBLICATION” — Spousal Support Amounts vorce, custody and support issues are and are intended to be advice for the originally A contingency fee is not proper in an resolved. At that time, the parties are “co- inquiring lawyer only and are not intended to be action to set the amount of ongoing child owners in indivision” of their assets and made available for public use or for citation. co-debtors of their liabilities, both with Neither the LSBA, the members of the Commit- support or spousal support because it is tee or its Ethics Counsel assume any legal specifically prohibited and because these various reimbursement claims. These co- liability or responsibility for the advice and cases involve the rights of vulnerable owners have a right to partition their opinions expressed in this process. children and spouses in emotionally- assets and liabilities. Many times, one 2. American Bar Association, Annotated charged cases. spouse does not have the ability to pay Model Rules of Professional Conduct, Fifth the advance deposit required by most Edition, 2003. 3. See Parts (a), (b) and (c) of Rule 1.5 of Setting and Collecting attorneys. The only way that spouse has the Louisiana Rules of Professional Conduct Support Arrearages to obtain what is rightfully owed is to find (2004). If the divorce is final and the case involves setting the amount of arrearages in a child support or spousal support case, and collecting them, a contingency The fee is allowable because it is similar to other collection of money judgments. winning edge NLRG The need for an attorney at this point in National Legal Research Group the litigation outweighs the emotional CHARLOTTESVILLE, VIRGINIA and any remaining policy considerations for Louisiana Put us to work helping you win today. that would ordinarily be the basis for 1-800-727-6574 or [email protected] prohibiting the contingency fee. Further, attorneys Fast, Affordable, Specialized it is not prohibited in Rule 1.5 (d) (1). since Research, Writing and Analysis Community Property Cases For more information, and to see what your If the divorce is finished and there is 1969 peers are saying about us: www.nlrg.com no possible connection between the com-

Louisiana Bar Journal Vol. 53, No. 2 153 Overview: Do Not E-mail Unsolicited E-mail Examples would include messages that (Part 2) Advertisements confirm online purchases, recall products or relay information regarding mem- By Carol M. Rider Under the Controlling the Assault of bers of an organization. Non-Solicited Pornography & Market- What about those e-mail messages that have mixed content? The FTC has Note: Part 1 of this article, published in ing Act (CAN-SPAM) of 2003 (effective identified four types of commercial e- the April/May 2005 Louisiana Bar Jour- Jan. 1, 2004), e-mails whose “primary mail messages: (1) messages that contain nal, Vol. 52, No. 6, discussed phone calls purpose” is the “advertising or promot- only commercial content [single-purpose and fax transmissions. ing of a commercial product or service” message]; (2) messages that contain both Watch out! Here are some serious are regulated. Every reference to “com- commercial and “transactional or rela- laws that will impact you as an attorney mercial” content or “a commercial prod- tionship” content [dual-purpose mes- representing any kind of business owner uct or service” under the Act includes sage]; (3) messages that contain both or company. Imagine getting a frantic “content on an Internet website operated commercial content and content neither call from your client who tells you that for a commercial purpose.” Thus, an e- commercial nor “transactional or rela- the FCC or the FTC is fining her thou- mail message’s reference or hyperlink to tionship” [dual-purpose message]; and sands of dollars for sending an e-mail in the address of a Web site that is operated (4) messages that contain only transac- violation of federal and/or state law — for a commercial purpose is “commer- tional or relationship content.4 After laws that your client thinks you should cial” content under the Act and final much discussion and debate, the FTC has have told her about? Would you know Rule.2 This law was designed to stop the ruled as follows: how to respond? One way to prevent this “spammers” from inundating people with scary scenario from happening is to stay unwanted e-mail. It does, however, im- (1) If an e-mail message contains only abreast of the latest laws that regulate e- pact every industry that conducts busi- commercial content (as defined by mails made by your client to his prospec- ness over the Internet. There are some the Commission to be “the com- tive or current customers.1 Those laws exceptions. A “transactional or relation- mercial advertisement or promo- are the CAN-SPAM Act of 2003, found ship message” e-mail is exempt from tion of a commercial product or at 15 U.S.C.A. § 7701, et. seq., and most provisions of the CAN-SPAM Act. service”), then the “primary pur- related regulations at 16 C.F.R. 316, et. This is e-mail that facilitates an agreed- pose” of the message shall be seq. (both of which regulate e-mail trans- upon transaction or updates a customer deemed to be commercial. missions). in an existing business relationship.3 (2) If an e-mail message contains both commercial and “transactional or relationship” content, then the fol- Update to Fax Information lowing must occur for that message’s “primary purpose” to By order of the Federal Communications Commission (FCC 05-132, dated be “transactional or relationship” June 27, 2005), the FCC Stay Order staying enforcement of the Telephone (and thus exempt): (a) the subject Consumer Protection Act (47 U.S.C. 227) that pertains to faxes being sent to a line must not contain a reference to person with whom the sender has an “established business relationship,” which a commercial advertisement or pro- was originally to expire on July 1, 2005, was extended until Jan. 9, 2006. motion of a commercial product or Also, S. 714 (the Junk Fax Prevention Act, which amends 47 U.S.C. 227 and service; and (b) the transactional regulates faxes) was approved by the Senate. It provides an “existing business or relationship content must ap- relationship” exception, but requires an “opt-out” notice on the first page (can pear in whole or in substantial part be cover page) of all unsolicited commercial faxes, with a cost-free mechanism at the beginning of the body of the and a 24-hour means for removing fax number, along with statements as to how message. a customer can have his fax number removed. (3) If an e-mail message contains both This new act requires that the established business customer’s fax number commercial and non-transac- had to have been voluntarily given, or was obtained via a directory, advertisement tional or non-relationship content, or site on the Internet to which the customer voluntarily agreed to make available then a “net impression” standard is for public distribution. With respect to “current” business clients that a business used to determine “primary pur- had before the enactment of the Junk Fax Prevention Act of 2005 (effective date pose”: (a) whether a recipient rea- to be decided), the above requirements regarding obtaining fax number will not sonably interpreting the subject line apply. However, the opt-out mechanism, etc. requirements apply to all of the e-mail message would likely commercial, unsolicited faxes sent to any type of customer. conclude that the message is commercial, or (b) if a recipient rea-

154 August/September 2005 sonably interpreting the body of be provided that allows a recipient to ask mail advertisements in light of the daunt- the message would likely conclude not to receive future e-mail messages to ing consequences in terms of fines, pen- that the primary purpose of the that e-mail address. This request must be alties, damages and injunctions for viola- message is commercial. In either honored. tions of those laws. case, the message would be deemed A “menu” of choices may be created “commercial” and therefore sub- to allow a recipient to opt out of certain FOOTNOTES ject to the rules. Some illustrative types of messages, but the option to end factors include: placement of the any commercial messages from the sender 1. This article is produced for informational purposes only and does not constitute legal commercial content at the begin- must be included. advice. Independent research and analysis is ning of the body of the message; Any opt-out mechanism offered must recommended. Transmission or receipt of this proportion of the message dedi- be able to process opt-out requests for at article does not create a lawyer-client cated to such content; and how least 30 days after the commercial e-mail relationship. color, graphics, type size and style is sent. 2. See 16 CFR Part 316: Project No. are used to highlight the commer- The law allows 10 business days from R411008: Definitions and Implementation Under the CAN-SPAM Act of 2003: Statement cial content. receipt of an opt-out request to stop send- of Basis and Purpose and Final Rule, for the (4) If an e-mail message contains only ing e-mail to the requestor’s e-mail ad- FTC’s discussion of rules defining when the transactional or relationship con- dress. primary purpose of an e-mail message is tent, then the “primary purpose” of It is illegal to sell or transfer the e- commercial versus transactional. The original that e-mail message shall be mail addresses of people who choose effective date of these rules was Feb. 18, 2005, but that date has been postponed until March deemed to be transactional or rela- not to receive the e-mail, even in the form 28, 2005 (as of the time of this writing). tionship if the e-mail message con- of a mailing list, unless transfer of the 3. See 16 C.F.R. 316.3(c) for complete sists exclusively of transactional or addresses is made so another entity can definition of “transactional or relationship relationship content.5 comply with the law. content.” 4. Id. at 7. Why is it necessary to know how an e- 5. See 16 C.F.R. 316.3(c) for complete What Are the Penalties? definition of “transactional or relationship mail message is classified? If a message content.” is deemed “commercial” in nature, then The FTC and the Department of Jus- 6. http://www.ftc.gov/bcp/conline/pubs/ the sender must include an Opt-Out No- tice are authorized to enforce the CAN- buspubs/canspam.htm tice, as discussed below. The following SPAM Act. To date, there is no national 7. La. R.S. 14:73.6. Unsolicited Bulk are some of the requirements of the CAN- e-mail registry. Each violation of the Electronic Mail. A. It shall be unlawful for any SPAM Act:6 person to use a computer, a computer network, CAN-SPAM Act is subject to fines of or the computer services of an electronic mail No false or misleading header in- $250 per violation, and treble damages service provider to transmit unsolicited bulk formation. The e-mail’s “From,” “To” for willful or knowing violations. Decep- electronic mail in contravention of the authority and routing information — including the tive commercial e-mail also is subject to granted by or in violation of the policies set by originating domain name and e-mail ad- laws banning false or misleading adver- the electronic mail service provider. dress — must be accurate and identify tising. The CAN-SPAM Act supersedes Transmission of electronic mail from an organization to its members or noncommercial the person who initiated the e-mail. or replaces most state or local anti-spam electronic mail transmissions shall not be No deceptive subject lines. The sub- laws, except for state law related to de- deemed to be unsolicited bulk electronic mail. ject line cannot mislead the recipient ceptive trade practices or “computer about the contents or subject matter of crime.”7 A conservative approach for your Carol M. Rider is professional liability the message. client would be to include an Opt-Out loss prevention counsel for the Louisi- Commercial e-mail must be identi- Notice in every outbound e-mail under ana State Bar Association and is associ- fied as an advertisement and include the signature line. This would allow your ated with Gilsbar, Inc. in Covington, La., the sender’s valid physical postal ad- client to freely communicate without hav- as an independent contractor. She re- dress. The message must contain clear ing to interpret what kind of an e-mail is ceived her BA degree from Southeastern and conspicuous notice that the message being sent. To be most efficient, the “Con- Louisiana University in 1979 and her JD is an advertisement or solicitation, and sent to Fax” form required for unsolic- degree from Loyola University Law that the recipient can opt out of receiving ited fax advertisements can also be af- School in 1983. Prior to joining Gilsbar more commercial e-mail from sender. It fixed as a link in the outbound e-mail. in 2004, she worked as a judicial law also must include the sender’s valid physi- To summarize, it is prudent that attor- clerk for the 24th Judicial District Court cal postal address. neys advise their business clients of cur- and was engaged by a plaintiff’s law firm An Opt-Out method must be given. rent laws relating to telephone solicita- as independent counsel. She can be A return e-mail address or another tions, unsolicited commercial fax adver- reached at (985)898-1545; P.O. Box 998, Internet-based response mechanism must tisements and unsolicited commercial e- Covington, LA 70434.

Louisiana Bar Journal Vol. 53, No. 2 155 FOCUSProfessionalism ON By E. Phelps Gay A HYPOTHETICAL CONVERSATION . . . .

any observers of our VC: Listen, Wimp, whose side are you decrying the supposed decrease in professionalism movement on? I instruct you to file a Bar complaint professionalism among American Mbelieve we need to move against the opposing lawyer and to file lawyers. One of them was “an beyond discussions of courtesy and a motion to recuse the judge. Otherwise, undermining of the traditional civility. Those are important concepts in you should know that we can always take independent counseling role of the practice of law, but professionalism our business elsewhere. lawyers.”1 (critics say) encompasses much more, In a 1998 article, then ABA President and we ought to be expanding the debate WL: I understand, VC, and I am not Jerome Shestack opined that into different, perhaps more substantive, necessarily disagreeing with you. I will professionalism is not comprised of a areas. certainly carry out your instructions. I single trait or attribute, but instead a I agree. just wanted you to know that it may be combination of elements. Those elements One of those areas concerns the premature at this point to seek those include: “ethics and integrity, lawyer’s traditional role as independent kinds of relief. competence combined with counselor. Consider, if you will, this independence, meaningful continuing hypothetical conversation between a VC: I have heard what you have to say. learning, civility, obligations to the Vengeful Client (VC) and a Wimpy Now, just do it. justice system, and pro bono service.”2 Lawyer (WL). Traditionally, the lawyer was a “wise WL: All right, I’ll go forward on both counselor” whose experience and VC: Here is another baseless claim fronts. I should have the motions ready expertise in the law deserved respect and against our company. I’m fed up with for filing by the end of this week. deference. His or her role was to advise this. I want you to file a Bar complaint clients on the legality or practical wisdom against plaintiff’s counsel accusing him VC: See that you do. of a suggested course of conduct, and if of violating Article 863 of the Louisiana necessary, to recommend against it. More Code of Civil Procedure. Is this a wildly exaggerated scenario colorfully, a famous New York lawyer, In addition, I want you to file an or a fairly typical reflection of what goes Elihu B. Root, is reported to have said: immediate motion to recuse this judge. on in real life between clients and “About half the practice of a decent This is the judge who ruled against us in lawyers? Probably the former, but I lawyer consists in telling would-be another case. I have heard that he suspect most of us have found ourselves clients that they are damned fools and occasionally jogs with the plaintiff’s in situations where we have been asked should stop.”3 attorney, who also serves on his re- to take a course of action we do not John Y. Pearce, former president of election committee. That is not believe is particularly wise or productive the New Orleans Bar Association, appropriate. He should be recused. (and which has zero chance of success), addressed this issue head-on in a but nonetheless have followed the client’s November 2001 column. Noting that a WL: Well, I’m not sure we know enough wishes because (1) it is the client’s case lawyer’s independence is a “mark of his at this point to make an allegation that (not ours); and (2) failure to do so might professional competence,” he wrote that opposing counsel has violated Article well result in the disappearance of much- in today’s highly competitive 863. Even if we did, I believe such a needed fees. marketplace, “many lawyers are prepared motion would be filed with the court, not How should this kind of dilemma be to do whatever a client instructs or wants with the Office of Disciplinary Counsel. approached? Is this a professionalism in order to either secure or maintain a Also, we might want to be careful about issue? client. There is a perception that many seeking to recuse the judge. There are In its influential 1996 report, the attorneys are willing to walk a fine ethical specific rules on this issue, and the bar Professionalism Committee of the line to insure client satisfaction. . . . is set pretty high in terms of recusing a American Bar Association’s (ABA) Lawyers must eliminate that unfortunate judge. Moreover, if we file a motion to Section of Legal Education and perception, for it not only serves us recuse which fails, we probably cannot Admissions to the Bar identified certain poorly, but also erodes confidence in our expect much in the way of favorable “themes” running through the books, system of justice.”4 rulings down the line. articles and bar association reports Like many, though not all,

156 August/September 2005 professionalism concepts, the lawyer’s The narrow point is that the seriously his role as an independent role as independent counselor is also counselor, and that when it comes to firmly rooted in our Rules of Professional lawyer cannot ethically do giving candid advice he can be “pushed Conduct. Rule 2.1 provides: around.” The upshot is that he loses the anything the client instructs. client’s respect, and his reputation among In representing a client, a lawyer . . . . clients and fellow lawyers will suffer. shall exercise independent Paradoxically, only by sometimes telling professional judgment and render The broader point is that the client no can a lawyer achieve the candid advice. In rendering advice, status of a true professional; and a lawyer may refer not only to law the lawyer who fails to act fortunately (or so this line of reasoning but to other considerations such as like a professional lawyer goes) such instances of independence and moral, economic, social and courage will, in the long run, attract good political factors, that may be does so at his or her clients who seek professional counsel, relevant to the client’s situation. not blind obedience. long-term peril. According to the Comments FOOTNOTES accompanying the ABA Model Rule, legal advice often involves “unpleasant 1. Teaching and Learning Professionalism, Report of the Professionalism Committee, ABA facts and alternatives” that a client may Section of Legal Education and Admissions to not wish to confront. A lawyer “should the Bar, August 1996, p.3 not be deterred from giving candid these matters; indeed, I have no doubt 2. “Taking Professionalism Seriously,” ABA advice by the prospect that the advice will that I have “cratered” in the face of client Journal, August 1998. be unpalatable to the client.” In his pressure as much as, if not more than, 3. This quote appears in a thoughtful article Annotations to the Louisiana Rule, anyone else. by Geoffrey C. Hazard, Jr, Lawyer As Wise Counselor, 49 Loy. L. Rev. 215 (2003), p.219. Professor Dane S. Ciolino notes that a Those disclaimers aside, my first It concludes by noting that there “are many lawyer “must give an honest opinion answer is narrow, while my second mansions . . . in our profession, and different regarding the merits.” He or she should reflects a broader point which I think we lawyers reside in different places. A major issue not “simply tell the client what the client might profitably incorporate into our for our profession is whether there continue to wants to hear.”5 discussions of professionalism in the be places of professional residence, so to speak, in which the role of wise counselor can be Of course, there is a significant “other practice of law. performed.” Id. at 228. side” to this issue. After all, it is the The narrow point is that the lawyer 4. “Professionalism, Civility and Inde- client’s case, not the lawyer’s. The cannot ethically do anything the client pendence,” New Orleans Bar Association, lawyer’s role is to represent the client to instructs. Under Rule 3.1, a lawyer “shall Briefly Speaking, November 2001, p.8. the best of his or her ability. The Rules not” bring or defend a proceeding, or 5. Dane S. Ciolino, Louisiana Professional of Professional Conduct also provide that assert or controvert an issue therein, Responsibility Law and Practice (2004), p. 164. a lawyer “shall abide by the client’s unless there is a basis in law and fact for 6. Louisiana Rules of Professional Conduct 7 decisions concerning the objectives of doing so that is not frivolous. If there is 1.2 (a) and 1.4 (a) (2). representation” and shall “consult with no basis to file a Bar complaint, an 7. This includes a good faith argument for the client about the means by which the Article 863 motion, or a motion to recuse, an extension, modification or reversal of client’s objectives are to be the lawyer must tell the client no. “The existing law. accomplished.”6 client made me do it” will not, ultimately, So, what should Wimpy Lawyer have wash. done? The broader point is that the lawyer Let me suggest two possible answers, who fails to act like a professional lawyer E. Phelps Gay is co-chair of the keeping in mind two important does so at his or her long-term peril. Louisiana State Bar Association’s disclaimers. One is that I’m no law Here, in my view, Wimpy Lawyer began Professionalism & Quality of Life professor, just a workaday lawyer, so appropriately, advising the client of the Committee. A past LSBA president, he is there are others, like Professor Ciolino very real legal and practical obstacles to a partner in the New Orleans law firm of Loyola and Professor Greg Smith of filing non-meritorious motions. Then he of Christovich & Kearney, L.L.P. He Louisiana State University, who are “caved” in the face of client pressure. He received his undergraduate degree from vastly better qualified to weigh in on the may, in the short run, have kept that Princeton University and his JD degree issue. The other is that I do not for a client’s business, but he has sent an from Tulane Law School in 1979. He can minute hold myself out as any model of unmistakable signal that he is not a be reached at (504)561-5700 or via e- professional behavior when it comes to professional, that he does not take mail at [email protected].

Louisiana Bar Journal Vol. 53, No. 2 157 PRO BONO

By Monte T. Mollere and Rebecca K. Knight ONE WILLING LAWYER CAN MAKE A DIFFERENCE

n a 12-month period ending June 30, 2004, Louisiana attorneys reported Iproviding more than 114,720 hours of pro bono services. That may sound like an impressive number of hours but, after averaging this number, perhaps we should be asking ourselves whether this really is Baton Rouge Pro Bono Project’s Pro recognized that numerous grandparents outstanding. With more than 19,190 at- Bono Committee realized that cases were were requesting assistance from the pro- torneys eligible to handle pro bono cases, backlogged for indigent clients unable to gram to obtain custody of grandchildren this means that Louisiana attorneys aver- obtain a divorce because they lacked they were raising. The last census re- aged fewer than six hours of pro bono per funds to procure the services of a curator vealed that there are 3,600 grandparents attorney. This is less than one-eighth of (a cost of about $285, plus advertising raising their grandchildren within the the aspirational goal of 50 hours estab- fees). Providing the services of a curator Shreveport city limits alone, and more lished this past year by the Louisiana is a rather uncomplicated matter that most than half of them live at or below the Supreme Court.1 attorneys could handle regardless of their federal poverty guidelines. Moore worked Many attorneys would challenge these particular practice area. with interested attorneys and the pro bono figures by saying that they personally Upon learning of this situation, David project was awarded a grant from the contribute many more hours and just A. Hamilton agreed to personally handle American Bar Association’s Commis- don’t report them, or that their practices curatorships for the Baton Rouge Pro sion on Law and Aging to begin its don’t allow them to easily handle the Bono Project at no charge. Hamilton “Grandparents Raising Grandchildren types of pro bono cases they would re- died in December 2002. After Hamilton’s Program.” ceive from pro bono programs. But pro death, Garth J. Ridge, a private practitio- Shreveport attorney Nyle A. Politz, a bono coordinators throughout Louisiana ner in Baton Rouge, quickly volunteered partner with the firm of Jones, Odom, have a response for those attorneys: “If to personally handle these matters. Be- Davis & Politz, is one of the attorneys an attorney is willing, then we have a case cause of Ridge’s generosity, these clients who began working with Moore’s Grand- for him or her.” only have to cover the cost of advertis- parents Raising Grandchildren Legal Over the years, pro bono coordinators ing. Assistance Program. In the current case, have worked with willing attorneys to In a similar situation, Ruth Moore, Politz asked the court to appoint special identify needs and develop opportunities executive director of the Northwest Loui- advocates for the children. These advo- for pro bono participation. In 2002, the siana Pro Bono Project in Shreveport, cates are also lawyers serving on a pro bono basis. Politz said handling cases such as this one on a pro bono basis allows him to give something back to the profession he DOES YOUR PARALEGAL loves: “Sometimes you represent people simply because they need to be repre- HAVE THE RIGHT CREDENTIALS? sented and as lawyers we are the only ones who can offer that representation. It Is Your Paralegal Louisiana Certified? can’t always be about fees, because some- ® times people just don’t have any money The Louisiana Certified Paralegal Examination to offer you. When you love the law, you is administered in April and October of each year in do pro bono because you believe in jus- Louisiana. An annual review course is available in August. tice for all.” For information, log onto www.la-paralegals.org Richard D. Mere, Lafayette attorney or contact Tanya Herring, CP, LCP at (318)443-4806. and chair of the Lafayette Volunteer Law- 4 yers, echoes Politz’s sentiments: “The reason I do pro bono is simple — I want

158 August/September 2005 to help those people who aren’t being sentation they need, and the attorney gets www.lsba.org/atj/Pro_Bono/ served. There is nothing like standing up the satisfaction of knowing that they have pro_bono.asp. for someone who has had the hope beat made a difference.” out of them and showing them that they’re These are three examples of how at- not alone.” torneys who were willing to handle pro FOOTNOTE Earlier this year, Mere saw a particu- bono cases worked with pro bono coor- lar need he thought the Lafayette Volun- dinators to identify needs and develop a 1. Louisiana Rules of Professional Conduct, teer Lawyers could help fill. He started project that used their experiences as an Rule 6.1. the Lafayette Volunteer Lawyer Protec- attorney. These projects, constructed to tive Order Program to assist victims of address specific needs, provided attor- domestic abuse in obtaining Title 46 pro- neys with a pro bono opportunity that Monte T. Mollere is Access to Justice tective orders. Clients apply for services they could feel comfortable undertaking. director for the Louisiana State Bar As- at the Lafayette Volunteer Lawyers staff Poor Louisiana residents have many sociation. He can be reached at (504)619- office, and a pro bono attorney is matched legal needs and Louisiana pro bono coor- 0146, (800)421-5722, ext. 146, by fax at with the client. Since the program began dinators are looking for willing attorneys (504)566-0930, or via e-mail at in March, Mere and his volunteers have to help them address these needs. Re- [email protected]. assisted more than 40 victims of domes- member, “Attorneys Hold the Key to Pro tic abuse. Mere said the response from Bono,” and Louisiana’s pro bono coordi- Rebecca K. Knight is Access to Justice the Lafayette legal community has been nators are willing to help willing attor- training coordinator for the Louisiana wonderful. “I asked for eight volunteers neys use those keys to open those gates of State Bar Association. She can be reached and I got 50,” he said. “Attorneys want to justice. at (504)619-0148, (800)421-5722, ext. help people in need, and this program 148, by fax at (504)566-0930, or via e- gives them the opportunity. It’s a win- For more information on how you can mail at [email protected]. win situation — the client gets the repre- become a pro bono volunteer, visit:

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Louisiana Bar Journal Vol. 53, No. 2 159 RECENTDevelopments ADMINISTRATIVE TO PROF. LIABILITY

irrevocable and therefore the funds in it the review is confined to the record should not have been considered. Mrs. established before the agency, i.e., the License Administrative Smith petitioned the appropriate district appeals court shall not weigh the evi- court for judicial review, resulting in the dence de novo or substitute its judgment Law reversal of the administrative law judge’s for the agency’s. decision. DHH appealed to the court of appeal. — Brian M. Bégué In Smith v. State of Louisiana Depart- Chair, LSBA Administrative Scope of Judicial ment of Health and Hospitals, 39,368 Law Section and Appellate Review (La. App. 2 Cir. 3/2/05), 895 So.2d 735, 2127 Dauphine St. the appeals court affirmed the district New Orleans, LA 70116 Mildred Smith, 90, applied to the court, holding that the trust assets should Louisiana Department of Health and not have been considered because the Hospitals (DHH) for Medicaid and long- settlor’s incapacity rendered the trust ir- term-care benefits. DHH denied her revocable. In so doing, the court con- application because her assets exceeded firmed certain legal principles of admin- $2,000 (she and her husband had istrative decision review: Bill of Rights transferred $300,000 to a revocable trust when a district court conducts judicial some years before, and DHH considered review, it functions as an appellate court; those funds in reaching its decision). Mrs. the court of appeal affords no defer- Smith appealed administratively, and the ence to the district court’s appellate judg- Double Jeopardy: When is administrative law judge upheld the ment; an Acquittal an Acquittal? agency decision in spite of testimony the appeals court sitting in review establishing that the trust, due to Mrs. reviews the administrative agency’s find- In Smith v. Massachusetts, 125 S.Ct. Smith’s mental infirmity, had become ings and decision; and 1129 (2005), the U.S. Supreme Court in

160 August/September 2005 a 5-4 decision (Justice Scalia writing for and determined that it was legally insuf- the majority) determined that a mid-trial ficient to sustain a conviction.” not-guilty finding on a specific charge by Additionally, the Supreme Court held the trial judge met the definition of an that the Double Jeopardy Clause forbade acquittal as that term is consistently used the judge from reconsidering the acquit- in the court’s double jeopardy cases. tal later in the trial. While the clause may Melvin Smith was tried before a state permit states to create a procedure for court jury in Massachusetts on charges of reconsidering a mid-trial determination armed assault with intent to murder, as- of sufficiency of proof, Massachusetts sault and battery by means of a danger- had no such procedure at the time of Fairness is ous weapon, and unlawful possession of Smith’s trial. A seeming dismissal may a firearm. The firearm charge required induce a defendant to present a defense what justice proof that the weapon had a barrel “less to the undismissed charges when he would than 16 inches” in length. The victim be better advised to stand silent. The testified at trial that Smith had shot him Double Jeopardy Clause cannot be al- really is. with “a pistol,” specifically, “a revolver,” lowed to become a potential snare for –Potter Stewart that “appeared to be a .32 or a .38.” The those who reasonably rely on it. If, after Associate Justice, prosecutor introduced no other evidence a facially unqualified mid-trial acquittal U.S. Supreme Court relating to the firearm. At the end of the on one count, the trial has proceeded to prosecution’s case, Smith moved for a the defendant’s introduction of evidence Most of the time, business in not-guilty finding on the firearm count on the remaining counts, the acquittal the securities industry runs because the evidence was insufficient as must be treated as final, unless the avail- smoothly. But what happens a matter of law to sustain a conviction. ability of reconsideration has been plainly when disputes arise? Investors, The judge granted the motion. established by pre-existing rule or case as well as industry members, Before closing arguments, the pros- authority expressly applicable to mid- need a fair and efficient ecution cited a Massachusetts state court trial rulings on the sufficiency of the process to handle them. case that purportedly supported the propo- evidence. That’s when NASD steps in. sition that the victim’s testimony was We operate the largest sufficient to establish the barrel length of — James M. Bookter securities dispute resolution the gun allegedly used in the crime. The Member, LSBA Bill of Rights Section forum in the world. trial court then “reversed” its previous Ste. 101, 8545 United Plaza Blvd. ruling and allowed the firearm count to Baton Rouge, LA 70809 We recruit NASD arbitrators go to the jury. The jury convicted Smith from both inside and outside on all counts. The Massachusetts Ap- the securities industry. Then peals Court affirmed the conviction, rul- we entrust them to run the ing that the Double Jeopardy Clause was Criminal proceedings and ensure that not implicated because the trial court’s all the parties involved receive “correction” of its decision did not sub- Law a fair hearing. ject Smith to a second prosecution or proceeding, and that the Massachusetts Simply visit us online at Rules of Criminal Procedure did not pro- Certificate of Analysis www.nasd.com/arbitration_ hibit the trial judge from reconsidering Survives mediation if you are interested her decision. Crawford v. Washington in becoming an arbitrator. The U.S. Supreme Court reversed You may also call our National Smith’s conviction, holding that the sub- State v. Cunningham, 04-2200 (La. 6/ Recruitment Supervisor, mission of the firearm count to the jury 13/05), ____ So.2d ____. Neil McCoy, at 212-858-4283. plainly subjected Smith to further The defendant, Robert Cunningham, “factfinding proceedings going to guilt was charged with misdemeanor posses- or innocence,” which are prohibited fol- sion of marijuana in Orleans Parish after lowing a mid-trial acquittal by the court. he fled from police and was alleged to The majority stated that, regardless of have discarded a plastic bag containing Massachusetts’s characterization of the five small sandwich bags of suspected trial judge’s ruling, what matters is that marijuana. The State timely filed a “No- the trial judge “evaluated the evidence tice of Intent to Offer into Evidence the

Louisiana Bar Journal Vol. 53, No. 2 161 State’s Criminalist[‘s] Report As Prima The statutes in question state that a previously been mounted to a certificate Facie Proof” pursuant to La. R.S. 14:499- variety of laboratories or testing facili- of non-compliance under the state secu- 501. ties can provide a certificate of analysis rities law, La. R.S. 51:721(B), which had At trial, the State offered a criminalist’s containing information including the date been previously approved as constitu- report (commonly known as the “certifi- and time the evidence was delivered, the tional in the face of a Confrontation Clause cate of analysis”) as prima facie proof type of examination or analysis requested, challenge. that the vegetable matter in the plastic and the results, among other information. In State v. Powdrill, 95-2307 (La. 11/ bag was, in fact, marijuana. The defen- The statutes do not require that the per- 25/96), 684 So.2d 350, the claim was dant objected to the introduction of the son performing the tests provide his or made that the introduction of a certificate hearsay laboratory report and its use as her qualifications, nor is the certificate of non-compliance would deny the de- prima facie proof of the marijuana ele- made under oath. A properly executed fendants the right to confront the com- ment of the charge, based on the state and certificate is received as “prima facie missioner about the findings. The Su- federal constitutional rights of confron- proof of the facts shown thereon, and as preme Court, noting that the subsection tation, cross-examination, and the right prima facie proof of proper custody of could be used by either party, and that the to have a trial in which the State must the physical evidence . . . .” statute did not prevent a defendant from prove every element of the crime by A party seeking to introduce a certifi- calling the commissioner to testify, held proof beyond a reasonable doubt. The cate can file a notice of intent to offer that the provision was nothing more than trial court requested briefs on the issue proof by certificate not less than 10 days a firmly rooted evidentiary exception to and, having received the briefs, over- before trial, and the opposing party can hearsay that did not impact the ruled the objections. The defendant request a subpoena to the person who defendant’s confrontation rights. sought writs, which were not ruled on as performed the analysis at least five days Defendant had argued that the recent the court of appeal stated that the defen- prior to trial, in which case, the certifi- United States Supreme Court case of dant would have an adequate remedy on cate is not prima facie proof of its con- Crawford v. Washington, 124 S.Ct. 1354 appeal. Upon return to the trial court, the tents or of proper custody, but if a defen- (2004), barred the use of the certificate as defendant was convicted of possession dant or his counsel requests the sub- testimonial hearsay and therefore was a of marijuana. poena, he must certify to the court that violation of the defendant’s Confronta- On appeal to the Appellate Division the defendant intends, in good faith, to tion Clause rights. of the Orleans Parish Criminal District conduct cross-examination of the person The Louisiana Supreme Court found Court, the conviction was reversed and conducting the analysis. that Crawford was not controlling, in that La. R.S. 15-499-501 was declared un- The Supreme Court considered that the defendant is provided notice of the constitutional. The State, in turn, ap- “prima facie proof” is not conclusive, in intention to use the certificate, and that pealed the ruling of the Appellate Divi- that the defendant can attack the certifi- the statutes in effect formalize a stipula- sion. However, the minute entries of the cate of analysis under La. C.E. 806. Like- tion to admissibility of matters that are Appellate Division were incomplete, and wise, the court found that it could rely on often not in dispute. Reviewing case law the State moved to transfer the applica- the presumption of constitutionality for from other states regarding so-called “notion to the Supreme Court, which was statutes before conducting a Confronta- tice and demand” statutes, the court found granted. tion Clause analysis. A similar attack had varying analyses of the issue, but resolved it in favor of constitutionality, reversing the court of appeal and rein- stating the trial court’s verdict of guilty. A final touch by the majority explained that the “good faith” requirement im- posed only on defendants is “feather- weight” and may be satisfied merely by indicating a preference for live testimony by requesting that a subpoena issue for the preparer of the certificate. Justice Calogero dissented, stating that he would have maintained the court of appeal’s opinion because the statute im- permissibly violates the defendant’s right of confrontation and shifts the burden of proof to the defendant by relieving the State of the responsibility to prove every

162 August/September 2005 element of the offense beyond a reason- custody, with no domiciliary parent, and able doubt. Justice Johnson also dis- an equal alternating schedule for the sented, as the author of Powdrill, to ex- parties’ daughter, who was bonded to plain what she saw as the differences both and had become adjusted to the between the two “notice and demand” Family Law schedule. The parties’ inability to statutes, and to voice her fears that main- communicate effectively regarding the taining the “good faith” requirement child may be good cause not to name a would have a chilling effect on attorneys’ Custody domiciliary parent. The trial court did not willingness to challenge the preparer of err in ordering the mother to move to the certificate, especially in light of Rule Cherry v. Cherry, 04-0002 (La. App. 4 within 75 miles of the father’s home once 3.1 of the Louisiana Rules of Profes- Cir. 2/2/05), 894 So.2d 1208. the child started school in order to sional Conduct. A stipulated consent judgment entered facilitate the custody arrangement. into by the parties after three days of trial — Michael S. Walsh during which sufficient evidence was Pierre v. Pierre, 04-1496 (La. App. 1 Chair, LSBA Criminal Law Section presented to “substantiate the Bergeron Cir. 12/30/04), 898 So.2d 419, writ de- Lee & Walsh factors” was a considered decree for pur- nied, 05-0253 (La. 2/16/05), 892 So.2d 628 North Blvd. poses of later modification. 11. Baton Rouge, LA 70802 Mr. Pierre was born female, but un- and Brewer v. Brewer, 39,647 (La. App. 2 derwent anatomical surgery, drug and Joseph K. Scott III Cir. 3/2/05), 895 So.2d 745. hormone therapy, and counseling to Member, LSBA Criminal Law Section Where no factor weighed strongly in change sex, including changing his birth 830 Main St. favor of either parent, and both had certificate to reflect his gender as male Baton Rouge, LA 70802 essentially equal abilities and flaws, the (see La. R.S. 40:62). After the trial court trial court did not err in awarding joint terminated his parental rights, since he

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Louisiana Bar Journal Vol. 53, No. 2 163 had no biological relationship to the par- Community Property erty partition agreement was absolutely ties’ children, the court of appeal re- null because she was not entitled to such versed because the trial court lacked sub- Bible v. Bible, 03-2793 (La. App. 1 Cir. ex parte relief, and Mr. Robertson could ject matter jurisdiction in this divorce 9/17/04), 895 So.2d 547. attack it by summary proceeding to have proceeding to terminate parental rights. The court of appeal vacated the trial it declared null. The court of appeal affirmed the trial court’s default judgment against Mr. court’s award of visitation rights to Mr. Bible after he failed to answer Ms. Hinds v. Hinds, 04-1358 (La. App. 3 Cir. Pierre because he had been a good par- Bible’s petition for partition of the 3/9/05), 897 So.2d 890. ent, and it was in the children’s best community, because Ms. Bible did not Ms. Hinds had no right of action to interest that he continues to have access comply with the dictates of La. R.S. attempt to evict Mr. Hinds from the to them. 9:2801 by failing to obtain an order matrimonial home on her separate providing for the filing of descriptive lists property because such a proceeding was Child Support and traversals. inconsistent with La. Civ.C. art. 98 and did not fall under La. R.S. 9:291’s Summers v. Summers, 03-2562 (La. Gill v. Gill, 39,406 (La. App. 2 Cir. 3/9/ provision regarding “restitution of App. 1 Cir. 10/29/04), 897 So.2d 109. 05), 895 So.2d 807. separate property.” After reviewing the legislative history Because part of the business’s value and intent of La. R.S. 9:315.22(D), the was attributable to Mr. Gill’s professional Lanza v. Lanza, 04-1314 (La. 3/2/05), court found that even though the parties’ goodwill, and part existed in the business 898 So.2d 280. child functioned at the age level of less when they acquired it, the court of appeal The Supreme Court held that Mr. than 1 year old, the child’s special school affirmed the trial court’s asset-based Lanza’s “State Farm Agency is not qualified as a secondary school to require approach rather than an income-based community property subject to partition, child support to be paid until age 22. approach to value the business because but that the ex-spouse is entitled to the the future income was tied to Mr. Gill’s portion of renewal commissions received personal skills. The court also considered after termination of the community to the other claims associated with the business extent that these commissions were the in determining that the value was fair result of effort, skill, or industry of the under all of the circumstances. The trial insurance agent spouse during the court erred in classifying Mrs. Gill’s CPA community.” The court found that he did business as community property as she not own the agency, and it did not meet had it before the marriage. The court the definition of “patrimony.” Thus it was further erred in awarding Mr. Gill a not property that could be partitioned. reimbursement for the increase in the The court also rejected Ms. Lanza’s value of Mrs. Gill’s separate property argument that the agency was a office building under La. Civ.C. art. 2368 “community enterprise” under La. Civ.C. because its value increased due to market art. 2369.3. The court further found that factors, not uncompensated labor. She Ms. Lanza “will have the burden of was not allowed reimbursement for proving, by a preponderance of the community car notes paid post- evidence, which portion of Mr. Lanza’s termination with her separate property post-community income resulted from because she had exclusive use of the car. policies initially issued during the Expenses for her children from a community, and of those policies, how previous marriage were alimentary much of the resulting service obligations, which are community compensation was due to Mr. Lanza’s expenses, and not reimbursable to Mr. effort, skill, or industry exerted during Gill; and if not alimentary obligations, the community.” they were gratuities. — David M. Prados Robertson v. Robertson, 03-2526 (La. Member, LSBA Family Law Section App. 1 Cir. 10/20/04), 897 So.2d 114, Lowe, Stein, Hoffman, writ denied, 04-2910 (La. 2/4/05), 893 Allweiss & Hauver, L.L.P. So.2d 875. Ste. 3600, 701 Poydras St. Ms. Robertson’s ex parte order ho- New Orleans, LA 70139-7735 mologating the parties’ community prop-

164 August/September 2005 injuries. Parker Drilling, therefore, employers. He had been fired by his last Insurance, withheld payment of Brown’s employer for falsely reporting an on-the- maintenance and cure benefits, and job accident, filing a claim and denying Tort, Workers’ Brown sued. The jury found that Brown prior “back trouble” on that employer’s Compensation was injured due to the negligence of medical questionnaire. Parker Drilling, that he was entitled to The court found that while a Jones Act and Admiralty maintenance and cure because he had not employer is entitled to investigate a Law willfully concealed prior injuries, and seaman’s claim for maintenance and cure that Brown was entitled to compensatory benefits, Morales v. Garijak, Inc., 829 damages because Parker Drilling F.2d 1355, 1358 (5 Cir. 1987), an Jones Act Claims: unreasonably withheld maintenance and employer is allowed to rely on certain McCorpen Defense cure benefits. The district court denied legal defenses to deny these claims. One Parker Drilling’s motion for judgment as such defense, set forth in McCorpen v. Brown v. Parker Drilling Offshore a matter of law (JMOL) or a new trial Cent. Gulf S.S. Corp., 396 F.2d 547 (5 Corp., ____ F.3d ____ (5 Cir. 2005), on and entered judgment against Parker Cir. 1968), is that the injured seaman reh’g, substituting for orig. opinion at Drilling for $414,840. Parker Drilling willfully concealed from his employer a 396 F.3d 619 (5 Cir. 2005). appealed. pre-existing medical condition. Brown reported feeling back pain Parker Drilling’s medical question- while pulling slips on the rotary table of naire asked whether Brown had suffered In order to establish a McCorpen a Parker drilling rig. Investigating the “Past or Present Back and Neck defense, an employer must show accident, Parker Drilling came to believe Trouble,” to which he responded in the that the claimant intentionally that Brown’s back injury had not been negative. In fact, Brown had suffered misrepresented or concealed sustained upon its rig and that Brown had back injuries on two separate prior medical facts; the non-disclosed willfully concealed his prior back occasions while working for other facts were material to the

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Louisiana Bar Journal Vol. 53, No. 2 165 employer’s decision to hire the court’s decision denying Parker claimant; a connection exists between Drilling’s motion for JMOL on the withheld information and the whether Brown is entitled to ® injury complained of in the lawsuit. maintenance and cure benefits, ™ which voids the jury’s Intellectual Parker Drilling contended that determination of this issue. Property Law Brown’s negative response to its “Past © or Present Back and Neck Trouble” Further: question constituted willful concealment of a medical condition. On appeal, [t]he judge erred in upholding the American Idol Originator’s Brown urged that it might be reasonably jury’s finding that it was Trademark Infringement supposed that the jury interpreted his unreasonable for Parker Drilling to Claims Fail answer as correct because it is a withhold benefits because Parker compound question, i.e., the conjunctive Drilling’s refusal was based on a Keane v. Fox Television Stations, Inc., “and” included both back injuries and reasonable defense: that Brown had 04-20340 (5 Cir. 3/17/05) (unpublished). neck injuries. The 5th Circuit held that willfully concealed his medical American Idol hit the airwaves in 2002 the argument was specious and, since it condition. The jury could not and has become one of the nation’s most- had not been raised at trial, could not be rationally have determined that loved television shows. In May 2003, urged on appeal. Brown further argued Parker Drilling was unreasonable Keane sued Fox Television and others that, as a former special education in relying on this defense, so their alleging Fox stole the “American Idol” student, his limited language skills caused finding constitutes clear error. trademark and concept for a musical tal- confusion regarding the term “trouble.” An ent show. Keane alleges he began devel- examination of the trial record (depositions The jury verdict concerning matters oping the American Idol concept more and testimony) revealed that Brown had, of maintenance and cure was vacated, but than 10 years ago. Although he never at various times, referred to ”back the finding of negligent causation on the wrote or produced a stage show or televi- trouble(s)” in the context of injury, thus part of Parker Drilling was sustained. sion program, Keane alleges he devel- defeating that argument. Judge Stewart wrote a vigorous 15-page oped a “descriptive sales packet,” which dissent, and the 22-page majority opinion included the “American Idol” mark and In sum, Parker Drilling mounted a by Judge Clement addresses several described his television idea. In 1998, successful McCorpen defense. It interesting points not discussed here. Keane sent the “descriptive sales packet” established Brown’s intent to to production companies and potential conceal his medical condition, that — John Zachary Blanchard, Jr. investors, including Pearson TV Interna- the undisclosed facts were material Immediate Past Chair, tional, an entity Keane claims is affili- to its decision to hire Brown, and LSBA Insurance, Tort, Workers’ ated with defendants. Keane also alleges that a connection existed between Compensation and Admiralty he “advertised” his American Idol idea the withheld information and the Law Section on the Internet prior to Fox’s 2002 airing injury complained of in the lawsuit. 90 Westerfield St. of the show. We therefore reverse the district Bossier City, LA 71111 Keane’s complaint includes claims for federal and state trademark infringement and trade secret misappropriation. Judge SCIENTIFICALLY BASED ACCIDENT RECONSTRUCTION Lake, Southern District of Texas, granted AND RODUCT EFECT ASES Fox’s 12(b) motion dismissing plaintiff’s P D C ... claims. The 5th Circuit affirmed “for the • Accident Reconstruction • Construction Zones and MUTCD • reasons stated in the district court’s opin- Railroad Grade Crossing Accidents • Oil Field Accidents • ATV Accidents ion.” Keane v. Fox Television Stations, • Tractor Trailer Truck Accidents • Automotive Glass Testing • Fires, Fuels and Inc., 297 F.Supp.2d 921 (S.D.Tex. 2004). Explosions • Product Design Defects • Testing Facility • Electronic Scan Tool With respect to Keane’s trademark in- • Hands-On Mechanical Work • Physical Evidence Storage fringement claim, the 5th Circuit found • Technical Support for Attorneys the claims were: RHOADES COMPANY, INC.

HEADQUARTERS: P. O. BOX 392 • CORINTH, MISSISSIPPI 38835 • 662.287.0167 • FAX 662.286.0938 “derailed by two fundamental, OTHER OFFICES: 8209 JO MARCY DRIVE • LAS VEGAS, NEVADA 89131 • 702.396.2154 • FAX 702.839.0757 fallacious premises,” namely, that www.rhoadescompanyinc.com • [email protected] his rights in an unregistered concept or idea are protectable and that

166 August/September 2005 being the first in time to use the The 5th Circuit also affirmed the dis- nary term. The second test, characterized phrase “American Idol” entitles trict court’s award of attorney fees and as the “imagination test,” asks whether him to trademark protection. costs to defendants. the term requires imagination, thought Trademarks only protect fully The 5th Circuit panel consisted of and perception to reach a conclusion as developed products, not the ideas Judges Davis, Smith and DeMoss. Storey, to the nature of the goods. If so, the mark for the products. Also, unregistered Moore and McCally, Houston, Texas, is considered suggestive. The court noted trademark rights must be represented plaintiff-appellant. Winstead, that survey evidence revealed only 22 appropriated through use, that is, Sechrest & Minick, Houston, Texas, rep- percent of respondents knew “Better ‘N through some commercial activity resented defendants-appellees. Butter” referred to a butter substitute. and Keane asserted no such That number implies the mark requires commercial activity sufficient to some imagination. appropriate such rights. Court Affirms Jury Finding The third and fourth tests from Better-N-Butter Mark Zatarains are very similar. First, the court Trademark rights are not established Is Suggestive asks “whether competitors would be likely by merely conceiving an idea for a trade- to need the terms used in the trademark in mark and discussing it with others. Rather, Blendco, Inc. v. ConAgra Foods, Inc., describing their products.” The last test trademark rights require “use in com- 04-60101 (5 Cir. 5/18/05) (unpublished). looks to “the extent a term actually has merce” of the mark with goods or ser- The 5th Circuit upheld a jury’s deter- been used by others in marketing a simi- vices. Keane neither used the mark in mination that the mark “Better-N-But- lar service or product.” Based on the commerce nor used the mark in connec- ter” used in connection with the sale of record evidence, the court answered both tion with goods or services. Blendco’s butter substitute is a sugges- questions in favor of Blendco. Because The 5th Circuit found Keane’s trade tive mark worthy of trademark protec- the various Zatarains tests did not con- secret claims equally unpersuasive. Infor- tion. Blendco brought suit alleging clusively demonstrate the mark was de- mation or ideas are subject to trade secret ConAgra’s “Better ‘N Butter” mark in- scriptive, the court refused to find the protection if they generally are not known fringed Blendco’s senior “Better-N-But- jury’s determination erroneous. outside of plaintiff’s business and if plain- ter” mark. The court analyzed the The appellate court also affirmed the tiff takes measures to guard the secrecy of protectability of “Better-N-Butter” mark district court’s damages award. Noting the information. 297 F.Supp.2d at 939. using the four tests set forth in Zatarains, the unusually broad discretion in fash- Keane’s decisions to send unsolicited let- Inc. v. Oak Grove Smokehouse, Inc., 698 ioning monetary relief in trademark ac- ters detailing the specifics of his idea and F.2d 786, 790 (5 Cir. 1983). The first tions, the court approved a lost profits advertise his idea on the Internet negate any test, “the dictionary test,” is inapplicable award measured by ConAgra’s sales of possibility that his idea was secret. because the mark is not a standard dictio- its product to customers who had pur-

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Louisiana Bar Journal Vol. 53, No. 2 167 chased any Blendco product. The court were undertaken, and that no protective suggested it would be inequitable to award measures were available in the city to damages measured by all of ConAgra’s which the father sought their return. infringing sales because Blendco’s product was limited geographically. International Law Scheming to Defraud The 5th Circuit panel consisted of Foreign Governments Judges Reavley, Jones and Garza. Gunn & Hicks, Hattiesburg, Miss., represented The federal wire fraud statute, 18 Blendco, Inc. Bradley, Arant, Rose & International Child Abduction U.S.C. § 1343, prohibits the use of White, Jackson, Miss., represented interstate wires to engage in “any scheme ConAgra Foods, Inc. The United States District Court for or artifice to defraud, or for obtaining the Eastern District of New York in money or property by means of false or Other Decisions Olguin v. Santana, 03 CV 6299 JG fraudulent pretenses, representations, or (E.D.N.Y. 2005) (electronic publication promises.” The petitioners in System Forward America, Inc. v. only), declined to order the return of two Pasquantino v. United States, 125 S.Ct. Martinez, 04-50942 (5 Cir. 4/15/05) (un- Mexican children wrongfully removed 1766 (2005), ordered liquor by telephone published). from their father in Mexico to the United while in New York from stores in The 5th Circuit affirms summary judg- States. The decision of the court rested Maryland. The petitioners then had the ment for the owner of the “Pop-A-Lock” on the terms of the Hague Convention liquor transported to Canada where they trademarks against user of the “Pop-A- on the Civil Aspects of International failed to declare the liquor to Canadian Car-Open” mark, including the award of Child Abduction, implemented into U.S. authorities in an effort to evade the injunctive relief and monetary damages. law as the International Child Abduction payment of Canadian taxes. Remedies Act, 42 U.S.C. § 11601-11611. Pasquantino and his accomplices were DirecTV Inc. v. Forman, 04-20417 (5 The court initially ruled that the subsequently indicted and convicted in Cir. 5/2/05). children’s mother had wrongfully the United States of wire fraud. They The 5th Circuit affirms summary judg- removed them from Mexico. The challenged their convictions as contrary ment in favor of DirecTV against an decision then concluded that although the to the “revenue rule” and questioned individual accused of purchasing and removal was wrongful, the facts brought whether the Canadian government’s using price satellite decoding devices. forth at a hearing confirmed that one of interest in its tax revenue constituted the exceptions to the presumption of “money or property” for the purposes of — Gregory D. Latham repatriation had been established. The the U.S. wire fraud statute. The common Member, LSBA Intellectual court held that clear and convincing law “revenue rule” generally bars U.S. Property Law Section evidence confirmed that returning the courts “from enforcing the tax laws of Jones, Walker, Waechter, Poitevent, children to Mexico would expose them foreign sovereigns.” The Supreme Court Carrère & Denègre, L.L.P. to grave risks of psychological harm or held that the petitioners’ smuggling 201 St. Charles Ave., 49th Flr. intolerable situations, that the risks would constituted a “scheme or artifice,” that New Orleans, LA 70170 be present even if ameliorative measures the Canadian government’s interest in collecting tax revenue was “property” within the meaning of the law and that the U.S. government’s prosecution of the ROLLAND L. BROUSSARD, L.L.C. petitioners did not violate the “revenue rule.” The court stated that the action of SPECIALIZED PARALEGAL SERVICES the federal government was “a criminal prosecution brought by the United States SPECIALTY AREAS: HIGH QUALITY RESEARCH & DOCUMENT WRITING in its sovereign capacity to punish Why pay for a yearly research plan? Get the research you need, domestic criminal conduct.” when you need it. We cater to solo practices and small firms; however, we can assist large firms with special needs. Call for full details, (337) 856-5176; cell (337) 280-7661; Alien Tort Statute fax (337) 857-0294; e-mail [email protected] Crises, call 24/7. and Class Action

B.S., MED., EdD. Graduate of the LSU Paralegal Studies Program The issue before the court in Approved by the American Bar Association Presbyterian Church of Sudan v. Talisman Energy, Inc., 226 F.R.D. 456

168 August/September 2005 (S.D.N.Y. 2005), was whether to certify prove proximate causation is through secret espionage agreement. The Tenet a class estimated to be between 114,000 individualized proof, litigation through decision stated that permitting such suits and 250,000 non-Muslim, African representatives [would] not suffice.” is incompatible with the nature of the current and former residents of Sudan. alleged contract and could potentially The complaint, jurisdiction of which was Spying Doesn’t Pay expose a relationship that should remain based on the Alien Tort Statute, 28 U.S.C. secret. § 1350, alleged that Talisman Energy, The plaintiffs in Tenet v. Doe, 125 Inc., a Canadian energy company, in S.Ct. 1230 (2005), instituted suit against Export Control and conjunction with the Government of the United States and the director of the Antiboycott Violations Sudan, violated international law, or Central Intelligence Agency asserting an aided and abetted its violation, relating entitlement to allegedly breached finan- The Bureau of Industry and Security to “genocide, torture, war crimes, crimes cial assistance promised for Cold War (BIS) of the Department of Commerce against humanity and the treatment of espionage services. The district court published Don’t Let This Happen to You!: ethnic and religious minorities and their and the 9th Circuit Court of Appeals both Real Life Examples of Export Control property.” upheld the respondents’ estoppel and due and Antiboycott Violations. The guide- The court held that the requirements process claims. book provides an overview of U.S. ex- of Rule 23 (b) of the Federal Rules of The Supreme Court, in a unanimous port control and antiboycott law while Civil Procedure had not been met and decision relying on a Civil War-era Su- offering summaries of specific violations, denied the motion to certify the class. The preme Court decision, reversed the lower including the penalties incurred. The is- decision stated that “[t]he plaintiffs ha[d] courts. The justices held that the reason- sues addressed include, among others, not shown that the common issues ing and analysis of Totten v. United States, export license requirements, deemed ex- [would] predominate over the 92 U.S. 105 (1876), controlled. The court ports, transshipment and re-exports, the individualized issues. . . .” The court in Totten held that a “self-styled Civil denial of export privileges, antiboycott declared that “given that the only way to War spy” could not seek to enforce a violations and successor liability. The

Louisiana Bar Journal Vol. 53, No. 2 169 publication is available on the BIS Web adopted a new pay plan. The city adopted based on a “reasonable factor other than site: www.bis.doc.gov. the pay plan to pay police officers age.” The court stated that “certain consistent with national standards and to employment criteria that are routinely The views expressed do not necessarily improve recruiting and retention. Under used [by employers] may be reasonable represent the views of U.S. Customs and the plan, officers under the age of 40 despite their adverse impact on older Border Protection or the United States generally received larger raises in terms workers as a group.” The majority of the government. of percentage of pay (though not Supreme Court found that the officers necessarily in amount of pay) than had not identified a specific test, — J. Steven Jarreau employees 40 years of age or older. The requirement or practice within the pay Member, LSBA International older police officers argued that the pay plan that had an adverse impact on older Law Section plan had a disparate impact because the officers. The court also found that the city U.S. Customs and Border Protection facially neutral plan adversely impacted relied on reasonable factors in 1300 Pennsylvania Ave., N.W., officers 40 years of age or older. The developing the plan, including the need Mint Annex officers also argued that the City of to attract and retain qualified police Washington, D.C. 20229 Jackson subjected them to disparate officers by providing competitive pay. treatment (or intentional discrimination) in adopting and implementing the pay 5th Circuit Upholds FMLA’s plan, but the issue before the Supreme 75-Mile Rule Labor and Court was whether a claim of disparate impact discrimination, that does not In the case of Bellum v. PCE Con- Employment require proof of intent, is viable under structors, Inc., 407 F.3d 734 (5 Cir. 2005), Law the ADEA. the United States 5th Circuit Court of The Supreme Court reversed the Appeals upheld a Department of Labor decision of the United States 5th Circuit regulation and determined that a construc- Court of Appeals and held that plaintiffs U.S. Supreme Court Approves tion company site manager was not an may bring disparate impact claims under “eligible employee” under the Family and Disparate Impact Theory the ADEA. The Supreme Court relied on Medical Leave Act (FMLA) because fewer for ADEA Claims legislative history, on similar language than 50 employees worked within a 75- in Title VII of the Civil Rights Act of mile radius of his worksite when measured On March 30, 2005, the United States 1964, as amended, 42 U.S.C. §§ 2000e by surface miles. The employee worked as Supreme Court held that employees can et seq., and on the absence of language a construction manager at a worksite that proceed with disparate impact claims in the ADEA precluding disparate impact employed 41 employees in Fernwood, Miss. under the Age Discrimination in claims. The company also employed 14 people at Employment Act (ADEA). In the case of The court did limit the application of its Baton Rouge, La., office. Smith v. City of Jackson, 125 S.Ct. 1536 the disparate impact theory somewhat by Under the FMLA, an employee is not (2005), a group of police officers claimed stating that an employer may avoid eligible for leave unless the employee that the City of Jackson discriminated liability for a claim of disparate impact has worked for the employer for 12 against them based on their age when it if it can show the adverse impact was months, the employee has worked at least 1,250 hours within the 12 months immediately preceding the leave, and the employee works within a 75-mile radius of Securities Arbitration/Litigation 50 other employees. The Department of Labor regulations provide that the “75- mile distance is measured by surface JAMES F. WILLEFORD miles, using surface transportation over public streets, roads, highways and wa- terways, by the shortest route from the PIABA member representing investors in disputes facility where the eligible employee need- with stockbrokers and brokerage houses ing leave is employed.” Relying on this regulation, the company argued that the New Orleans 504/582-1286 employee was not eligible for leave. The [email protected] employee argued that the 75-mile distance should be measured “as the crow flies.”

170 August/September 2005 The court rejected the employee’s ar- numbers, addresses, driver’s license gument noting that the purpose of the 75- numbers or Social Security numbers. mile requirement is “to alleviate the bur- The FTC rule only states that den of FMLA compliance on companies “reasonable measures” must be taken to Professional with widely dispersed operations.” The protect against unauthorized access to or Liability court also stated that the 75-mile distance use of the information. Under the rule, should be measured “as the crow flies” shredding, pulverizing or burning paper only when there is no “available surface Corporation’s Status transportation between worksites.” records so that consumer information is unreadable would be appropriate as a Qualified Health New Federal Rule on Disposal disposal methods. Care Provider of Sensitive Data To dispose of information stored electronically, an employer can overwrite O’Brien v. Rizvi, 04-2252 (La. 4/12/05), the information or wipe the discs or hard 898 So.2d 360. A rule on the disposal of sensitive The defendant, Comp Health (CH), financial and personal information drives clean using tools available commercially or free on the Internet. Any was a staffing company that placed locum became effective June 1, 2005. The rule tenens physicians in hospitals and clinics company, regardless of industry or size, issued by the Federal Trade Commission for short periods of time. It placed Dr. that possesses or maintains consumer (FTC) requires every employer with one Plautz at a VA hospital. or more employees to appropriately information for a business purpose will CH bought a claims-made policy from dispose of any documents — whether be subjected to the rule. Failure to St. Paul in order to qualify itself under the paper, electronic or other format — that comply could result in federal fines up Louisiana MMA. The policy covered claims contain consumer information derived to $2,500 per violation and state fines made from Feb. 1, 2001, through Feb. 1, from a credit report. If an employer up to $1,000 per violation. 2002. The company later paid the requisite surcharge to the PCF and purchased “tail” conducts credit checks, background — Maria Fabre Manuel coverage for that same period of time. checks or maintains any type of consumer Executive Council Member-at-Large, CH inquired of the PCF whether, in report on employees, when it comes time LSBA Labor and Employment order to attain QHCP status for its doc- to purge employees’ personnel files, the Law Section tors assigned to VA hospitals, the physi- employer will want to ensure its company Onebane Law Firm cians had to have a Louisiana license and complies with the new rule. Personal Ste. 300, 1200 Camellia Blvd. whether a non-Louisiana-licensed doc- information could include telephone Lafayette, LA 70506 tor could participate in the PCF. The PCF

Louisiana Bar Journal Vol. 53, No. 2 171 advised in March 2002 that physicians Appeal reversed the trial court and found ever, only the financial aspects of qualifica- assigned to governmental agencies or who that the defendants, having purchased tail tion. There are also licensing requirements. were not licensed in Louisiana did not coverage and having paid the surcharge, One of the licensing requirements is found qualify for PCF coverage. The company had become “qualified” and that the PCF’s in the “definitions” of “health care pro- did not contest this decision, and it subse- subsequent retroactive disqualification was vider” and “physician.” A HCP is a person, quently requested a refund of the surcharge therefore ineffective. natural or juridical, who is “licensed or it paid for its physicians who did not qualify. Writs were granted by the Louisiana certified by [Louisiana].” La. R.S. In December 2002, the O’Briens filed a Supreme Court to review the appellate 40:1299.41 A(1). medical-review-panel complaint against Dr. court’s decision. At oral argument, the par- The court ruled that the appellate court Plautz and Dr. Rizvi alleging that Plautz ties informed the court that the plaintiffs’ correctly found that CH and Dr. Plautz was a locum tenens physician but that Rizvi claims against Dr. Plautz, St. Paul and CH satisfied the financial aspects of PCF quali- was an employee of the VA hospital. The had been settled, and that plaintiffs were fication but erred by failing to inquire PCF advised the plaintiff that neither de- reserving their rights to proceed against the whether the physician was eligible for quali- fendant was covered under the MMA, and PCF. The PCF’s liability depended, how- fication. The PCF possesses the authority the plaintiff filed suit against both physi- ever, on whether any settling defendant to determine eligibility. Here the PCF de- cians for alleged malpractice that occurred was a QHCP. termined that Plautz was not licensed in from April 18, 2001, through Jan. 16, 2002. There is a two-pronged financial test to Louisiana and therefore not eligible to par- The plaintiffs later amended their suit to determine whether a HCP is qualified un- ticipate in the PCF, which is why the PCF add as defendants both CH and St. Paul as der the MMA: refunded the surcharges to CH. If CH had insurer of CH and/or Dr. Plautz. proof of financial responsibility filed disagreed with the PCF’s determination CH, Dr. Plautz and St. Paul filed an with the board; and that the company’s locum tenens physi- exception of prematurity, which the trial payment of the appropriate surcharge. cians without Louisiana licenses were in- court overruled. The 2nd Circuit Court of This two-pronged inquiry satisfies, how- eligible to participate, it had the right to appeal to the PCF Oversight Board, which is obliged to hear such appeals. La. Admin. Code tit. XXXVII, § 513D (2002). Dr. Plautz was never a Louisiana-licensed health care provider and was therefore never at any time eligible for coverage under the MMA. CH then argued that irrespective of Plautz’s status, it was a QHCP and, therefore, Plautz, as its agent, was likewise a QHCP. But the Supreme Court, in reversing the judgment of the court of appeal, held that the corporation’s qualification is concurrent with the qualification of the agent or employee providing health care:

Simply stated, a plain reading of the statute suggests that the corporation’s qualification is dependent upon each shareholder, agent, officer or employee that is providing health care being qualified under La. Rev. Stat. Ann. 40:1299.42A. If the doctor is not a QHCP, then neither is the corporation.

— Robert J. David Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. 2800 Energy Centre, 1100 Poydras St. New Orleans, LA 70163

172 August/September 2005 LAWYERSYoung LOCAL AFFILIATES

LOCAL AFFILIATES

4th Judicial District Bar YLS Holds 8th Annual Race Judicata

Each year in conjunction with Law Week, the Young Lawyers Section (YLS) of the 4th Judicial District Bar Associa- tion holds a 5K run, walk and children’s fun run to raise money for local charities. This year, the eighth annual Race Judi- cata was held on May 7 on the campus of the University of Louisiana at Monroe. Because of the support of the participants and a number of sponsorships, the Ouachita Valley Roadrunners member Suzy Seeber announced the winners of this year’s YLS was able to raise money for this Race Judicata with assistance from 4th Judicial District Bar Association Young Lawyers year’s charity: the Northeast Louisiana Section officers. Children’s Museum. The museum offers children a hands-on learning experience Because of the interest in this charity event benefits the New Orleans Legal with permanent and traveling exhibits, as and the focus on children and the com- Assistance Corp. well as monthly special events. Anyone munity, the 4th Judicial District Bar As- Judging the entries were U.S. Eastern traveling to the Northeast Louisiana area sociation will join the YLS in raising District Court Judge Ivan L.R. Lemelle, with children should view the Website at additional funds for the Northeast Loui- Orleans Parish Civil District Court Judge www.nelcm.org. siana Children’s Museum in a joint event Ethel Simms Julien, Channel 4 WWL-TV in late summer or early fall. reporter Mike Hoss, Tommy Cvitanovich The YLS acknowledged the Ouachita of Drago’s Restaurant and Michael Valley Roadrunners for its substantial Domenick of Wolfe’s Restaurant. assistance with the race every year. Seventeen teams showcased their culinary talents. Participants included teams from Adams and Reese; NOLAC to Benefit from Third Christovich & Kearney, L.L.P.; Deutsch, New Orleans Bar & Grille Kerrigan & Stiles, L.L.P.; Ernst & Young; Galloway, Johnson, Tompkins, Burr & The New Orleans Bar Association’s Smith; Gordon, Arata McCollam, Young Lawyers Section hosted the third Duplantis & Eagan, L.L.P.; Hemelt and annual New Orleans Bar & Grille at the Foshee, L.L.C.; IVIZE; Jones, Walker, Peristyle in City Park on April 16. Teams Waechter, Poitevent, Carrère & Denègre, of amateur chefs from law firms and L.L.P.; Kathleen L. deBruhl & businesses competed for “Local Favor- Associates, L.L.C.; King, LeBlanc & ite,” “Best Dessert,” “Most Creative,” Bland, P.L.L.C.; Leake & Andersson, “Best Overall” and “Best Booth Decora- L.L.P; McAlpine & Cozad; Sher Garner 4th Judicial District Bar Association Young tion” at the outdoor cook-off. Attendees Cahill Richter Klein McAlister & Lawyers Section officers John Roa and Jill were treated to music, a silent auction Hilbert, L.L.C.; two teams from Stone Futch prepared for the race with John’s daughter. and samplings of the dishes entered. This Pigman Walther Wittmann, L.L.C.; and

Louisiana Bar Journal Vol. 53, No. 2 173 Taggart, Morton, Ogden, Staub, Rougelot & O’Brien, L.L.C. Event organizers were Kendra L. Duay, Lesli D. Harris and Conrad Meyer.

Co-chairs of the New Orleans Bar & Grille are, from left, Leslie D. Harris, Conrad Meyer and Kendra L. Duay.

NOBA Golfers Tee Off Lawyers Section’s golf tournament to for NOLAC benefit the New Orleans Legal Assistance Corp. The summer tournament was at the New Orleans Bar Association Young Law- Twenty-nine teams participated in the Audubon Park golf course yers Section Chair Bradford E. Adatto and The tournament was organized in the NOBA YLS Chair-Elect Tara G. Richard. New Orleans Bar Association Young “blind bogey” scramble format, in which each of the teams’s four golfers plays from the previous best shot. Under this format, tournament officials selected certain holes after the rounds were completed to formulate each team’s handicap

The New Orleans Bar & Grille judges were, bottom row from left, Michael Domenick of New Orleans Bar Association Young Law- Wolfe’s Restaurant and Channel 4 WWL-TV reporter Mike Hoss. Standing from left, Bar & yers Section 2005 Golf Tournament Co- Grille Co-Chair Conrad Meyer, Judge Ethel Simms Julien, Bar & Grille Co-Chair Kendra Chairs Todd K. Wallace, left, and Larry E. Duay, Tommy Cvitanovich of Drago’s Restaurant and Judge Ivan L.R. Lemelle. Demmons.

174 August/September 2005 and to adjust the gross scores. This format helps to level the playing field. Preceding the shotgun start was the Hornet’s putting contest, the winner of which received an official Hornets’ bas- ketball signed by the team. The Players Party following the tournament included a crawfish boil. More than 120 awards and prizes were distributed during this event. Golf tournament co-chairs were Larry E. Demmons and Todd K. Wallace.

The Baton Rouge Magnet High School mock trial team was honored at the Baton Rouge Bar Association’s luncheon on June 2. For the third consecutive year, this school qualified to compete at the national level. This year the team ranked 14th out of 44 teams. During the national competition, three students – Logan Guilbeau, Jenee Robins and Lisa Redmond – The Players Party following the New Or- received special recognition for outstanding performance. James Carver and Jason DeCuir leans Bar Association Young Lawyers Sec- served as attorney coaches for the team, while Deanna Wimberly and Geri Wheatley (not tion 2005 golf tournament included a craw- pictured) served as teacher coaches. fish boil.

NOBA YLS Feeds the Homeless in New Orleans

The New Orleans Bar Association (NOBA) Young Lawyers Section’s (YLS) Public Service Committee sponsored a lunch at Ozanam Inn on June 4. Three law firms — Phelps Dunbar; Krebs, Farley & Pelletieri; and McAlpine & Cozad — funded the event, which provided more than 300 lunches for the needy. Volunteers from the three firms prepared, cooked and served the lunches, with help from other NOBA YLS members. The YLS Public Service Committee plans to make the Saturday lunch event a monthly community service effort. From left, Catherine Lasky, Michael J. Wray, Elizabeth B. Carville, YLS Public Service Committee Co-Chair Tad Bartlett, Emma A. Mekinda, YLS Public Service Committee Co-Chair Christopher K. Ralston and Alina Pagani. Present but not pictured were Lindsey Breedlove, Suzie Mahoney, Mike McAlpine and Tiffany Mann.

Louisiana Bar Journal Vol. 53, No. 2 175 JUDICIAL Notes By Robert Gunn, Louisiana Supreme Court NEW JUDGES. . . APPOINTMENTS

New Judges ceived the LSBA’s President’s Award on Dec. 31, 2005. and, in 2003, received a certificate of Retired Judge Andrew B. Gallagher Elizabeth “Beth” M. Wolfe, 44, was appreciation for achievements and ser- was appointed, by order of the Louisiana elected to Division F, 21st Judicial Dis- vice to the Client Assistance Fund Pro- Supreme Court, to the Judicial Campaign trict Court, Tangi- gram. He also served on the Council of Oversight Committee for a term, which pahoa, Livingston the Louisiana State Law Institute. He is began on April 22 and will conclude on and St. Helena par- married to Sharla Doherty and they are April 21, 2009. ishes. She earned her the parents of three children. Dr. Christopher Cenac, Gale B. Clausen undergraduate de- Rick Bryant, 56, was elected to Divi- and Debra Simmons Neveu were reap- gree with honors sion B, 14th Judicial District Court, pointed, by order of the Louisiana Supreme from Southeastern Calcasieu Parish. He Court, to the Judicial Campaign Oversight Louisiana University earned his under- Committee for terms, which began on April in 1983 and her JD graduate degree from 22 and will conclude on April 21, 2009. degree from Louisi- McNeese State Uni- Retired Judge John R. Harrison was ana State University Elizabeth M. Wolfe versity in 1974 and appointed, by order of the Louisiana Su- Paul M. Hebert Law his JD degree from preme Court, as supernumerary judge pro Center in 1986. Prior to her election to Louisiana State Uni- tempore of the City Court of Monroe from the bench, she served as a prosecutor in versity Paul M. March 1 until further order of the court. the 21st Judicial District Attorney’s of- Hebert Law Center fice and worked with the Office of Com- in 1977. He practiced Deaths munity Services. A member of the 21st civil and criminal law Rick Bryant Judicial District and Livingston Parish for 24 years, worked Retired 14th Judicial District Court bar associations, she is married to David two years at the Southwest Louisiana Judge John A. Patin, 89, died March 25. R. Wolfe and they are the parents of four Legal Services, and taught three years as First appointed as judge pro tempore for children. adjunct professor of criminal law at the 14th JDC in 1977, he was elected to James P. Doherty, 59, was elected to McNeese State University. He was an the 14th JDC bench in 1980, where he Division A, 27th Judicial District Court, assistant district attorney for 13 years, served until his retirement in 1985. He St. Landry Parish. He serving as chief felony prosecutor and also sat as judge pro tempore on the 3rd earned his under- first assistant district attorney. He served Circuit Court of Appeal in 1992. Prior to graduate degree from in that same capacity until his election his service on the bench, he studied pre- Loyola University in without opposition as district attorney, a law at Southwest Louisiana Institute, New Orleans in 1968 position he held from 1991-2005. A Viet- served as secretary to Lt. Gov. John B. and his JD degree nam veteran, he was awarded the Bronze Fournet and attended law school at Loui- from Loyola Univer- Star and Army Commendation Medal. siana State University, graduating with a sity Law School in He is married to Carolyn Bryant and they LLB degree in 1936. He was later granted 1971. He was a mem- are the parents of two children. a JD degree. While at LSU, he served as ber of the President’s chief justice on the Honor Court. In 1936, Advisory Board to James P. Doherty Appointments he began the practice of law in Lake the Louisiana Trial Charles. In 1936, he was appointed ref- Lawyers Association from 1982-84. He Daniel A. Webb was reappointed, by eree in bankruptcy (now bankruptcy is a member of the St. Landry Parish Bar order of the Louisiana Supreme Court, judge) and then appointed assistant Association (vice president, 1979-80, to the Committee on Bar Admissions for United States attorney for the Western president 1980-81), the Louisiana State a term concluding on Dec. 31, 2009. District of Louisiana from 1939-45. He Bar Association’s (LSBA) House of Judge Phillip J. Terrell was appointed, was later appointed to first assistant at Delegates (1976-present) and the LSBA’s by order of the Louisiana Supreme Court, the Western District headquartered in Client Assistance Fund Committee (chair, to the Mandatory Continuing Legal Edu- Shreveport. He served as attorney for the 1989-91; 1997-2003). In 1990, he re- cation Committee for a term concluding city of DeQuincy and continued in pri-

176 August/September 2005 vate practice from 1945-80. He was a ing attorney of that office until taking the member of the Louisiana State, New Or- member of the American Bar Associa- bench in 1991. leans and American bar associations, the tion, Louisiana State Bar Association Retired 4th Circuit Court of Appeal American Judicature Society and the Insti- and Southwest Louisiana Bar Associa- Judge William V. Redmann, 77, died tute of Judicial Administration. In January tion, as well as a number of civic and May 23. He earned both his undergradu- 2005, he received the St. Ives Award from service groups. ate and JD degrees from Loyola Univer- the Loyola Law Alumni Association, pre- Retired Monroe City Court Judge sity, a master’s degree in philosophy from sented annually to the Loyola Law School Diehlmann “D.C.” Bernhardt, 75, died Notre Dame University and pursued graduate who has volunteered services to April 6. He earned his undergraduate graduate work in law from Tulane Uni- the law school or university. degree from the University of Louisiana versity. He spent a year as trial attorney Retired 4th Circuit Court of Appeal at Lafayette in 1949 and his JD degree with the Justice Department in Washing- Judge Edward J. Stoulig, Jr., 88, died from Louisiana State University Paul M. ton, D.C., under its first honor graduate April 29. He graduated from St. Stanislaus Hebert Law Center in 1951. Prior to his recruitment program. Admitted to prac- College and earned his LLB from Loyola election to the bench, he was on active tice law in 1953, he served three years as University in 1939. He was in the prac- duty with the Army’s Judge Advocate executive counsel to Gov. John tice of law from 1940-60 before taking General’s Corps, 1952-54, and in the McKeithen before being appointed to a the bench as judge of the 24th Judicial private practice of law as a sole practitio- newly created 4th Circuit judgeship in District Court from 1960-70. In 1970, he ner from 1954 until his election to the 1968. In 1970, he was elected without was elected to the 4th Circuit Court of bench in 1990. He served as judge on the opposition to a seat on the 4th Circuit for Appeal where he served until his retire- Monroe City Court bench from 1991-93 a full term. He was re-elected in 1982 and ment in 1979. One of the first full-time but retired from the bench halfway through served until 1987 when he left the bench lawyers in Kenner, La., he was appointed his first term due to injuries resulting from for health reasons. He also taught at city attorney for Kenner in 1948, where an automobile accident. In 1986, he initi- Loyola Law School from 1957 until his he served until 1960. A World War II ated the Indigent Defender’s Office for the appointment to the 4th Circuit bench, and veteran, he was a member of a number of 4th Judicial District and served as manag- again taught in the late 1980s. He was a civic and service groups.

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Louisiana Bar Journal Vol. 53, No. 2 177 PEOPLE

Gordon, Arata, McCollam, Duplantis & Jeansonne & Remondet, L.L.C., an- LAWYERS ON Eagan, L.L.P., announces that R. Tho- nounces that Shannan L. Hicks has be- THE MOVE mas Jorden, Jr. has joined the firm as a come associated with the firm in the partner in the Lafayette office and Shreveport office and Roger A. Javier Kristy Zeringue Boxberger announces Stephen M. Domas has joined the firm has become associated with the firm in the opening of her new law firm in St. as an associate in the New Orleans office. the New Orleans office. James Parish – Ste. B, 3376 St. James St., P.O. Box 159, Paulina, LA 70763; David Greenberg and Adrian F. Jones Walker announces that James A. (225)869-3970. LaPeyronnie III announce the formation Churchill has joined the firm’s New of Greenberg & LaPeyronnie, L.L.C., Orleans office as special counsel. Joseph R. Casanova has opened law of- with the firm’s office adjacent to the fices in New Orleans and Mandeville. Jefferson Parish Courthouse in Gretna. Lemle & Kelleher, L.L.P., announces The offices are located at Ste. 806, 234 Beau P. Sagona, recently certified as an that Lawrence R. DeMarcay III has Loyola Ave., New Orleans, LA 70112, estate planning and administration spe- joined the firm as an associate. (504)525-8250; and at Ste. D, 2900 E. cialist by the Louisiana Board of Legal Causeway Blvd., Mandeville, LA 70448, Specialization, has joined the firm as an Liskow & Lewis, A.P.L.C., announces (985)626-8350. associate. the opening of its Houston office at Three Allen Center. Marilyn C. Maloney is the Gieger, Laborde & Laperouse, L.L.C., Kimberly K. Haynes is founder/chief con- Houston office’s managing shareholder. announces that G. Lee Henman, Jr. and sultant for OMBI Group, L.L.C., a consult- William W. Pugh, Robert L. Theriot and Bennett H.H. Biever have joined the ing firm handling nonprofit management Jana L. Grauberger are shareholders. firm as associates. for professional athletes and entertainers. Michael A. Golemi is an associate.

Bennett H.H. Biever C. William James A. Churchill Robert L. Coco Hillary J. “Buddy” Lawrence R. Bradley, Jr. Crain DeMarcay III

Larry E. Demmons Paul O. Dicharry Stephen M. Domas George C. Drennan Ernest L. Brady M. Edwards, Jr. Fitzsimmons

178 August/September 2005 MAPS (Mediation Arbitration Profes- “Mandy” Foster has joined the firm as an Watson, Farley & Williams announces sional Systems, Inc.) announces that two associate. that Daniel C. Rodgers has become a retired judges, Brady M. Fitzsimmons partner of the firm, resident in the New and Hillary J. “Buddy” Crain, have Sieberth & Patty, L.L.C., announces the York City office. been appointed to the mediation panel opening of a second office in New Or- serving the Louisiana legal community. leans in the Poydras Center, 650 Poydras St., adjacent to the U.S. Court of Appeals NEWSMAKERS The law office of George J. Nalley, Jr., building. R. Andrew Patty II will serve as A.P.L.C., announces the renaming and the partner-in-charge of the New Orleans Lemle & Kelleher, L.L.P., announces relocation of the firm to Nalley and Dew, operation. that C. William Bradley, Jr., Ernest L. A.P.L.C., Ste. 200, 2121 Ridgelake Dr., Edwards, Jr. and Michael A. McGlone Metairie, LA 70001; (504)838-8188. The Spyridon, Koch, Palermo & Dornan, received Leadership in Law Awards from firm’s attorneys are George J. Nalley, Jr., L.L.C., announces that Cynthia C. Branch, CityBusiness. The awards recognize ex- Dona J. Dew, Eavelyn T. Brooks, Chris- John M. Herke and Gina M. Mushmeche- ceptional achievement among area attor- topher J. Stahulak and Christopher D. Buras have been named special partners neys. Wilson. in the firm, and Maria del Carmen Calvo, J. McCaleb Bilbro and Craig V. Sweeney McGlinchey Stafford announces that sev- Plauché Maselli Landry & Parkerson, have become associated with the firm. eral of its attorneys were named to the L.L.P., announces that James K. 2005 “Chambers USA: America’s Lead- Ordeneaux and George C. Drennan Stinson Morrison Hecker, L.L.P., an- ing Business Lawyers” list: Rodolfo J. have joined the firm as associates. nounces that Michelle L. Corrigan has Aguilar, Jr., Rudy J. Cerone, R. Keith joined the St. Louis, Mo., office as a Colvin, James M. Fantaci, Deborah Bryan D. Scofield and James T. Rivera senior associate. Duplechin Harkins, Mark N. Mallery, E. announce the formation of Scofield & Fredrick Preis, Jr., Paul Slocomb West Rivera, L.L.C., located at Ste. 700, 200 Taggart, Morton, Ogden, Staub, Rougelot and David S. Willenzik. Congress St., P.O. Box 4422, Lafayette, & O’Brien, L.L.C., announces that Larry LA 70502; (337)235-5353. E. Demmons has become a partner with Rick J. Norman’s fifth book, Louisiana the firm. Employment Law, has been published by Sher Garner Cahill Richter Klein & Hil- Thomson West Publishing. It is his third bert, L.L.C., announces that Amanda C. Taylor, Porter, Brooks & Phillips, L.L.P., treatise on business law for Thomson announces that Paul O. Dicharry and West. Robert L. Coco have joined the Russell T. Tritico has been elected to firm. serve as president of the board of directors of the Chennault International David Ware & As- Airport Authority for 2005-06. He has sociates announces served on the board for four years as the that E. Karina appointee of the Lake Charles City Womack has be- Council. come associated with the firm. G. Lee Henman, Jr. Shannan L. Hicks Roger A. Javier

R. Thomas Michael A. Rick J. Norman James K. Daniel C. Rodgers E. Karina Womack Jorden, Jr. McGlone Ordeneaux

Louisiana Bar Journal Vol. 53, No. 2 179 Client AssistanceFUND FUND PAYMENTS. . . Q&A ON FUND

CLIENT ASSISTANCE FUND PAYMENTS AS OF JUNE 2005

Attorney Amount Paid ...... Gist Edselle K. Cunningham $1,440.00 ...... #680 - Unearned fee in a criminal matter

Jo Anne Fleming $3,500.00 ...... #644 - Unearned fee in a paternity matter

Ray C. Harris $5,000.00 ...... #666 - Unearned fee in a criminal matter Stevens J. White $250.00 ...... #710 - Unearned fee in a bankruptcy matter

Stevens J. White $550.00 ...... #616 - Unearned fee in a bankruptcy matter

Stevens J. White $400.00 ...... #649 - Unearned fee in a bankruptcy matter Stevens J. White $760.00 ...... #677 - Unearned fee in a domestic matter

Edwin Jerome Wilson $2,667.67 ...... #717 - Conversion in a personal injury matter

Edwin Jerome Wilson $1,900.00 ...... #703 - Conversion in a personal injury matter Robert J. Shortess, Jr. $2,000.00 ...... #684 - Conversion of client funds

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180 August/September 2005 Q&A: Louisiana Client Assistance Fund

What is the Louisiana Client decides whether you qualify for reim- Are there other avenues to explore to Assistance Fund? bursement from the Fund, and, if so, obtain reimbursement? The Louisiana Client Assistance Fund whether part or all of your application Depending on the circumstances, you was created to compensate clients who will be paid. The committee is not obli- may be able to file a civil lawsuit or lose money due to a lawyer’s dishonest gated to pay any claim. Disbursements criminal charges against the lawyer. You conduct. The Fund can reimburse clients from the Fund are at the sole discretion of should consult a new lawyer or the dis- up to $25,000 for thefts by a lawyer. It the committee. The committee is made trict attorney’s office about these mat- covers money or property lost because a up of volunteer lawyers who investigate ters. Note that there are deadlines for lawyer was dishonest (not because the all claims. starting this process. lawyer acted incompetently or failed to take certain action). The fund does not How do I file a claim? I don’t know another lawyer. How can pay interest nor does it pay for any dam- Because the Client Assistance Fund Com- I find someone? ages done as a result of losing your money. mittee requires proof that the lawyer dis- Call the Lawyer Referral service in your honestly took your money or property, area. These services are listed in the How do I qualify for the Fund? you should register a complaint against Yellow Pages of the telephone directory. Clients must be able to show that the the lawyer with the Office of Disciplin- money or property came into the lawyer’s ary Counsel. The Disciplinary Counsel’s Is there any charge for seeking Client hands. office will investigate your complaint. Assistance Fund help? To file a complaint with the Office of No. The process is free. Does the Fund cover fees? Disciplinary Counsel or to obtain a com- The Fund will reimburse fees only in plaint form, write to: Disciplinary Coun- Do I need an attorney to seek Client limited cases. If the lawyer did no work, sel, 4000 South Sherwood Forest Blvd., Assistance Fund help? fees may be covered by the Fund. Fees Suite 607, Baton Rouge, LA 70816-4388. You do not need a lawyer to apply but are not reimbursable simply because you Client Assistance Fund applications are you may consult one if you wish. Also be are dissatisfied with the services or be- available by calling or writing: The Cli- aware that if you have a specific legal cause work was not completed. ent Assistance Fund, 601 St. Charles problem, you should not try to apply or Ave., New Orleans, LA 70130-3427, interpret the law without the aid of a Who can, or cannot, qualify for the (504)566-1600 or (800)421-5722. Ap- trained expert who knows the facts be- Fund? plicants are requested to complete an cause the facts may change the applica- Almost anyone who has lost money due Application for Relief and Financial In- tion of the law. to a lawyer’s dishonesty can apply for formation Form. reimbursement. You do not have to be a United States citizen. However, if you are the spouse or other close relative of the lawyer in question, or the lawyer’s business partner, employer or employee, or in a business controlled by the lawyer, the Fund will not pay you reimbursement. Also, the Fund will not reimburse for losses suffered by government entities or agencies.

Who decides whether I qualify for reimbursement? The Client Assistance Fund Committee

Louisiana Bar Journal Vol. 53, No. 2 181 DISCIPLINE Reports REPORTING DATES 6/1/05 & 6/7/05

REPORT BY DISCIPLINARY COUNSEL

Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date June 7, 2005.

Decisions Bankruptcy Court; failure to cooperate with tions for driving while intoxicated. the Office of Disciplinary Counsel; and con- Patrick C. Leitz, Metairie, (2005-B- Nina S. Broyles, Baton Rouge, (2005- viction of felony theft. 0902) Suspended for one year and one day OB-1098) Permanent resignation in lieu of Pierre F. Gaudin, Jr., Gretna, (2005-B- with nine months deferred with special discipline ordered by the court on May 17, 0653) Reinstatement to the practice of law conditions, including two years of proba- 2005. JUDGMENT FINAL and EFFECTIVE ordered by the court on April 22, 2005. tion, ordered by the court on May 13, 2005. on May 17, 2005. Gist: Committing a crimi- Wayne C. Giordano, Belle Chasse, JUDGMENT FINAL and EFFECTIVE on nal act especially one that reflects adversely (2005-OB-0818) Permanent resignation May 13, 2005. Gist: Acting without due on the lawyer’s honesty, trustworthiness or ordered by the court on April 26, 2005. diligence; creating a conflict; and assisting a fitness as a lawyer in other respects. JUDGMENT FINAL and EFFECTIVE on non-lawyer in the unauthorized practice of Edwin E. Burks, New Orleans, (2005-B- April 26, 2005. law. 0917) Interim suspension ordered by the Huey Lyman Golden, Shreveport, (2005- George E. Lucas, Jr., Monroe, (2005- court on May 3, 2005. JUDGMENT FINAL OB-0486) Transferred to disability inac- OB-0743) Permanent resignation ordered and EFFECTIVE on May 3, 2005. tive ordered by the court on April 6, 2005. by the court on April 20, 2005. JUDGMENT Mark Caracci, New Orleans, (2005-B- JUDGMENT FINAL and EFFECTIVE on FINAL and EFFECTIVE on April 20, 2005. 0027) Suspended for one year and a day, April 6, 2005. Pamela Viney Mathews, Lake Charles, deferred with 24 months of probation and Craig J. Hattier, Madisonville, (2004- (2005-OB-0214) Transferred to interim special conditions, ordered by the court on B-2604) Disbarment ordered by the court on disability inactive status ordered by the Feb. 25, 2005. JUDGMENT FINAL and March 2, 2005. JUDGMENT FINAL and court on Feb. 16, 2005. JUDGMENT FINAL EFFECTIVE on Feb. 25, 2005. Gist: Failure EFFECTIVE on March 16, 2005. Gist: Con- and EFFECTIVE on Feb. 16, 2005. to act with diligence regarding several files; viction of criminal offense concealing assets R. Michael Moity, Jr., New Iberia, (2005- and failure to properly supervise a subordi- in personal bankruptcy; and engaging in con- B-0857) Consent public reprimand with nate. duct involving dishonesty, fraud, deceit or special conditions ordered by the court on Bradford D. Carey, New Orleans, (2005- misrepresentation. April 29, 2005. JUDGMENT FINAL and OB-0803) Transferred to disability inac- Jesse Bethea Hearin III, Baton Rouge, EFFECTIVE on April 29, 2005. Gist: Know- tive status ordered by the court on April 12, (2005-B-0196) One-year suspension with ingly disobeying an obligation under the 2005. JUDGMENT FINAL and EFFECTIVE conditions prior to reinstatement, plus two- rules of a tribunal; and engaging in conduct on April 12, 2005. year probation, ordered by the court on prejudicial to the administration of justice. Joseph R. Casanova, New Orleans, March 24, 2005. JUDGMENT FINAL on Douglas L. Nicholson, Ontario, CA, (2005-OB-1032) Reinstatement to the prac- April 11, 2005 and EFFECTIVE on April 2, (2005-B-0359) Suspended as reciprocal dis- tice of law, subject to a probationary period 2001, the date of his interim suspension. cipline, two years, by order of the court on of 18 months, ordered by the court on May Gist: Abandoning his law practice without April 29, 2005. JUDGMENT FINAL and 13, 2005. JUDGMENT FINAL and EFFEC- protecting the interest of his clients; and EFFECTIVE on May 13, 2005. Gist: Com- TIVE on May 13, 2005. failure to cooperate with the Office of Disci- mingling of client funds; writing NSF checks Douglas C. Dorhauer, Denham Springs, plinary Counsel. on his trust account; and other misconduct. (2005-B-0908) Interim suspension ordered Henry J. Lafont, Jr., Larose, (2004-B- Harry S. Redmon, New Orleans, (2005- by the court on April 21, 2005. JUDGMENT 2064) Suspended for 90 days ordered by the B-0367) Interim suspension ordered FINAL and EFFECTIVE on April 21, 2005. court on April 1, 2005. JUDGMENT FINAL by the court on March 2, 2005. JUDGMENT A. Gill Dyer, Covington, (2005-B-0522) and EFFECTIVE on April 15, 2005. Gist: FINAL and EFFECTIVE on March 2, 2005. Permanent disbarment ordered by the court Failure to properly communicate with a cli- Gist: Commission of a criminal act that re- on April 29, 2005. JUDGMENT FINAL and ent; and a misdemeanor conviction for DWI. flects adversely on the respondent’s honesty, EFFECTIVE on May 16, 2005. Gist: Unau- Reginald J. Laurent, Slidell, (2005-B- trustworthiness or fitness as a lawyer. thorized practice of law; failure to communi- 0645) Consent six-month suspension, de- William J. Riley III, Jennings, (2005- cate with a client; failure to promptly account ferred, subject to two years of probation OB-1203) Transferred to active status or- for and deliver funds or property owed to a with special conditions, ordered by the court dered by the court on May 18, 2005. JUDG- client; conversion of settlement funds; fail- on April 1, 2005. JUDGMENT FINAL and ure to comply with a directive from the U.S. EFFECTIVE on April 1, 2005. Gist: Convic- Discipline continued next page

182 August/September 2005 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 June 1, 2005.

Respondent Disposition Date Filed Docket No. Jerry Jackson Stamps Disbarred. 4/18/05 04-1831 S Teresa Lynn Witt-Stamps Disbarred. 4/18/05 04-1831 S Elvin Sterling, Jr. Disbarred. 4/18/05 05-04 R Neil P. Levith Deferred suspension/one-year probation. 4/14/05 04-3222 B Bonnie Humphrey Interim suspension. 4/28/05 05-939 C Michael L. Mathieu Reciprocal transfer to disability inactive. 4/28/05 05-346 E Lewis B. Blanche Reciprocal transfer to disability inactive. 4/28/05 05-345 F Gasper J. Schiro Retroactive one-year suspension, six months deferred. 1/14/05 05-296 S J. Michael Bordelon Retroactive 60-day suspension. 1/21/05 05-295 R Mark Caracci Deferred suspension/retroactive two-year probation. 2/25/05 05-940 I Pierre F. Gaudin Public reprimand. 5/20/05 05-941 L Keith D. Jones Deferred suspension/retroactive two-year probation. 2/18/05 05-809 J Brenda Braud Deferred suspension/retroactive two-year probation. 2/18/05 05-808 R

Discipline continued from page 182

MENT FINAL and EFFECTIVE on May 18, to obtain a client’s consent to settle a case; Admonitions (private sanctions, often with 2005. failed to communicate with a client; failed to notice to complainants, etc.) issued since the Chris G. Robbins, Mandeville, (2005- reduce contingency agreements to writing; last report for misconduct involving: OB-0698) Transfer to disability inactive charged an excessive fee; failed to promptly status ordered by the court on March 23, remit client and third party funds; failed to No. of Violations 2005. JUDGMENT FINAL and EFFECTIVE keep client funds separate from his own funds; on March 23, 2005. failed to deposit a disputed fee in a trust Conflict of interest ...... 2 Sherman G. Ruth, Baton Rouge, (2005- account; converted client settlement funds to Failure to promptly notify and B-0676) Interim suspension by consent or- his own use; failed to protect the interest of a disburse funds to a third party dered by the court on March 30, 2005. JUDG- third party; and engaged in conduct involv- medical provider ...... 1 MENT FINAL and EFFECTIVE on March ing dishonesty, fraud, deceit and misrepre- Bringing a proceeding without a 30, 2005. Gist: Engaging in a pattern of sentation. basis for doing so in good faith ...... 1 conversion and commingling client funds in Clifford L. Williams, Baton Rouge, Violating or attempting to violate the violation of the Rules of Professional Con- (2005-B-1242) Interim suspension ordered Rules of Professional Conduct ...... 3 duct. by the court on May 18, 2005. JUDGMENT Representation of a client that was Rebel G. Ryland, Columbia, (2005-OB- FINAL and EFFECTIVE on May 18, 2005. directly adverse to another client ...... 1 1099) Transfer to disability inactive status Gist: Engaging in the unauthorized practice Failure to hold funds of clients or ordered by the court on May 4, 2005. JUDG- of law while ineligible. third parties separate from lawyer’s MENT FINAL and EFFECTIVE on May 4, Paul J. Yaeger, Metairie, (2005-B-0035) property ...... 1 2005. Permanent disbarment ordered by the court Failure to communicate ...... 1 Gilbert E. Stampley, New Orleans, on March 18, 2005. JUDGMENT FINAL Failure to act with reasonable diligence (2005-B-0176) Consent suspension of one and EFFECTIVE on April 1, 2005. Gist: and promptness ...... 1 year and one day deferred with probation Commission of a criminal act reflecting ad- Attacking integrity of a judge ...... 1 ordered by the court on March 11, 2005. versely on the lawyer’s honesty, trustworthi- Failure to preserve client’s file for five JUDGMENT FINAL and EFFECTIVE on ness or fitness as a lawyer; engaging in the years after termination of March 11, 2005. Gist: Failure to act with unauthorized practice of law; neglect of legal representation...... 1 diligence in the representation of several matters; failure to communicate with clients; Failure to return client’s file ...... 1 clients in violation of the Rules of Profes- commingling and conversion of third-party Engaging in ex parte communication sional Conduct. funds; and failure to cooperate with the Of- with a judge...... 1 Keith L. Ward, Bogalusa, (2005-B-0634) fice of Disciplinary Counsel. Disbarment by consent ordered by the court TOTAL INDIVIDUALS on April 1, 2005. JUDGMENT FINAL and ADMONISHED ...... 12 EFFECTIVE on April 1, 2005. Gist: Failed

Louisiana Bar Journal Vol. 53, No. 2 183 CLASSIFIED Review past ads at LSBA.org/classifieds

utilized in their sections of the course. CLASSIFIED NOTICES POSITIONS OFFERED Qualifications include JD or LLB de- Standard classified advertising in our regu- gree, bar admissions, significant practi- lar typeface and format may now be placed Attorney opportunities. Shuart & As- cal experience, demonstrated legal rein the Louisiana Bar Journal and on the sociates provides law firms in the Gulf search and writing ability and excellent LSBA Web site, LSBA.org/classifieds. All requests for classified notices must be sub- South with lateral partners and groups, academic record. One-year appointment mitted in writing and are subject to approval. associates, staff attorneys and contract which can be renewed for one additional Copy must be typewritten and payment must lawyers. Ask about our Project Division year. All applications must include accompany request. Our low rates for place- and the Shuart Legal Solution Team, a résumé, law school transcript and one ment in both are as follows: proven cost-saving and effective solu- writing sample of between 10 and 25 tion to deal with large case management pages. The law school encourages appli- RATES and litigation support. For law firms, we cations from members of minority groups CLASSIFIED ADS are a proven source for qualified candi- and women. Contact: Vice Dean Wendy Contact Germaine A. Tarver at dates who prefer the confidentiality and Scott, Tulane Law School, 6329 Freret (504)619-0117 or (800)421-LSBA, ext. 117. expertise our company offers. For candi- St., New Orleans, LA 70118. E-mail: dates, Shuart offers counseling and ad- [email protected]. Non-members of LSBA vice in assessing opportunities to pro- $85 per insertion of 50 words or less mote successful careers. For both, we Instructor/assistant professor of $1 per each additional word $20 for Classy-Box number offer an invaluable 20-year history and paralegal studies. Louisiana State reputation for being the “Gulf South’s University at Eunice has a vacancy for Members of the LSBA Leader in Legal.” Submit résumé in con- an instructor/assistant professor of $60 per insertion for 50 words or less fidence to Ste. 3100, 3838 N. Causeway paralegal studies. Qualifications include $1 per each additional word Blvd., Metairie, LA 70002. Telephone a JD degree and familiarity with No additional charge for Classy-Box number (504)836-7595. Fax (504)836-7039. Louisiana law. Prior teaching experience Screens: $25 Visit our Web site, www.shuart.com, to is desired. Salary will range from Headings: $15 initial headings/large type see current postings of opportunities. All $33,000 to $37,000. To apply, submit a inquiries treated confidentially. letter of application, copies of college BOXED ADS transcripts and a résumé/vitae (including Boxed ads must be submitted camera ready Tulane University Law School seeks names, addresses and telephone number by the advertiser. The ads should be boxed and 2¼" by 2" high. The boxed ads are $70 full-time, non-tenure track instructors to of references) to: Paralegal Search per insertion and must be paid at the time of teach a mandatory first-year legal re- Committee Chairperson, c/o Dr. Douglas placement. No discounts apply. search and writing course. Instructors are Narby, Division of Liberal Arts, P.O. Box given significant responsibility for the 1129, Eunice, LA 70535, phone DEADLINE structure, method and materials to be (337)550-1308. Applications will be For the December issue of the Journal, all classified notices must be received with payment by Oct. 18, 2005. Check and ad copy should be sent CLARY MEDICAL-LEGAL to: Oil & Gas LOUISIANA BAR JOURNAL CONSULTING, INC. Classified Notices Ron J. Gaubert If your case involves 601 St. Charles Avenue MEDICAL RECORDS, Accounting • Operations • Audit we can help you! New Orleans, LA 70130 Litigation Support • Joint Operations • Royalty • 25 Years Exp. JAN SMITH CLARY, BS, RN, LNCC* RESPONSES (225) 261-9426 To respond to a box number, please address Court Qualified in Federal, State & Dept. * LNCC (legal nurse consultant certified) – Ameri- your envelope to: can Association of Legal Nurse Consultant certifi- Journal Classy Box No. ______of Natural Resources cation granted by examination to registered nurses c/o Louisiana State Bar Association with at least 2,000 hours of current practice as an 601 St. Charles Avenue Phone (337) 232-0751 LNC and a minimum of a baccalaureate degree or New Orleans, LA 70130 www.Stonehengecorp.com/Lit equivalent years of experience.

184 August/September 2005 accepted until Aug. 31, 2005. LSUE is significant bonus opportunity. Great insurance coverage and insurance defense. an affirmative action/equal opportunity chance for management advancement. The position requires strong litigation university. Women and minorities are Send résumé and experience to experience, strong academic credentials encouraged to apply. [email protected]. and excellent research and writing skills. Send résumé, including references, writing Southern University Law Center Med-mal attorney insurance defense. sample and transcripts, to: Teresa Douglas, Director of Library Services. The The Law Offices of Sheryl Story, Ste. 2490, 601 Poydras St., New Orleans, Southern University Law Center invites providing representation for CNA LA 70130. applications for the position of director Insurance, seeks a seasoned medical of library services. This tenure-track malpractice attorney for our office in Baron & Budd, P.C., a plaintiffs firm, position requires a JD or higher degree Metairie. The ideal candidate will have is seeking an aggressive lawyer with three from an ABA-accredited law school, a taken a minimum of five trials to verdict to seven years’ experience to join our MLS or equivalent degree from an ALA- and have five years plus of insurance Baton Rouge, La., office. This person accredited institution, and significant defense experience. Stable work hours, will be responsible for case management, experience in law library administration. corporate benefits including an excellent client management and will handle Knowledge of traditional and online legal retirement package and generous paid hearings and depositions. Candidates resources and excellent written and oral time off package are some of the benefits. must have excellent communication communication skills are required. Strong Apply to www.cna.com/career skills and the ability to work interpersonal and organizational skills opportunities.shtml and search for position autonomously. Local travel is necessary. and experience in management and number P051089. You may call (800)251- Please send résumé and salary teaching activities are desired. Applicants 5852, ext. 3293, for additional information. requirements via e-mail to should provide a letter of interest, a Equal opportunity employer committed to [email protected] or via fax résumé and contact information for three a diverse work culture m/f/d/v. to Todd Kale at (214)824-8100. references to: Chair, Director of Library Services Search Committee, c/o Ms. Metairie firm, AV-rated, seeks an Lafayette AV-rated insurance defense Dorothy Lewis, Southern University Law associate attorney with one to four years’ firm seeking attorney with one-five years Center, P.O. Box 9294, Baton Rouge, LA experience for commercial litigation of litigation experience. Busy practice 70813. Applications also will be accepted position, some insurance defense. Must and pleasant work environment. The electronically at this address: dalewis have excellent legal research and writing position requires strong academic @sulc.edu. Southern University Law skills and standing in top half of credentials and excellent writing skills. Center is an equal opportunity employer. graduating class. Competitive salary and Competitive compensation and benefits. benefits. Please submit résumé, writing E-mail résumé and writing sample in Delmar Systems, Inc., a successful 37- sample and references to P.J. Stakelum confidence to [email protected] or mail year-old O&G service company in III, Chehardy, Sherman, Ellis, Breslin, to Juneau Law Firm, P.O. Drawer 51268, Lafayette, La., needs staff attorney Murray, Recile & Griffith, L.L.P., P.O. Lafayette, LA 70505-1268. having in-depth experience in Jones Act Box 931, Metairie, LA 70004-0931. and U.S. maritime law and negotiating Golf law. Half-written book on golf’s MSAs and contracts. Also will be Small AV-rated New Orleans law firm legal issues needs lawyer co-author/ expected to monitor offshore claims seeks an attorney with at least five years financial backer for publication. Call Bill activity. Generous base salary plus of experience, with particular focus on Abbott at (504)581-2885 for details.

TRAFFIC ACCIDENT RECONSTRUCTION & EVALUATION OF HIGHWAY DESIGN

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Louisiana Bar Journal Vol. 53, No. 2 185 VP of mid-sized oil company, now inde- tronic and manual research. Available SERVICES pendent. Robert W. Sabate, (504)779- for research and/or writing. Can work 6689. within time constraints. Mail, fax or e- Texas attorney, LSU Law 1985. Ad- mail delivery. A fresh mind frequently mitted in Louisiana and Texas. I am avail- Brief Writing/Legal Research brings fresh ideas. Contact Wayne able to attend hearings, conduct deposi- Top 15 percent of Tulane Law School Scheuermann, (504)737-4175. tions, act as local counsel and accept class, graduating cum laude; 10 years’ referrals for general civil litigation in the hands-on litigation experience at both FOR RENT Houston area. Contact Manfred trial and appellate levels, state and fed- Sternberg, Jr. at (713)622-4300. eral; excellent written advocacy skills; COVINGTON proficient at Westlaw and Lexis; avail- Legal research/writing. Top of spring able immediately for freelance brief writ- Prime location in downtown Covington 1967 class, LSU; LLM, Yale, 1968. ing and legal research; statewide service; has office suites to rent for lawyers and Writings include briefs, memoranda and references on request. Call Garald P. other professionals. Monthly rental ranges pleadings at courts of all levels, plus law Weller, (504)888-9520. from $400 to $500 and includes high- review articles. Experience includes both speed Internet (including wireless), local general civil practice and major litiga- California counsel. Also admitted in telephone, full use of conference room tion. Statewide e-mail service. Refer- Louisiana. Former associate, blue chip and reception area and all other ameni- ences upon request. William T. Tête, New Orleans firm; 18 years’ experience ties. Please call (985)264-0667 or e-mail (504)891-6064. in all aspects of commercial, banking, [email protected] creditors rights and other litigation and Louisiana attorney with 26 years’ ex- bankruptcy, application of Louisiana law Two blocks to new courthouse. Execu- perience in general practice concentrat- in California courts, California law in tive office suites in downtown Covington. ing primarily in civil litigation available Louisiana courts, jurisdiction and con- Includes utilities, Spring Protégé LTX to assist other attorneys throughout Loui- flicts of law. Contact William F. Abbott, digital telephone system and voice mail, siana in overflow work or problem areas (415)863-9337. cleaning, conference room, library, of law by preparing memoranda, mo- kitchen, fax and copier available, off-street tions, briefs, appeals, pleadings, pre-trial South Louisiana attorney with a gen- parking. $375/month. Call Lane Carson, orders, trial notebooks, legal research, eral civil practice available to assist other (985)893-7480 or (985)892-0632. etc.; New Orleans office; $75/hour; attorneys with legal research and writing résumé available. (228)466-4573. or other overflow work. Writing samples and references available upon request. FOR RENT Oil and gas consultant. Certified petro- Kristy Zeringue Boxberger, (225)869- leum geologist, MBA, licensed Louisi- 3970; [email protected]. METAIRIE ana attorney. For expert witness or advi- sor on exploration, production, geology, Former federal court law clerk. More Metairie law office. Space-sharing ar- geophysics, reserves evaluation, unitiza- than 30 years’ experience, civil practice rangement in Lakeway Center. Confer- tion, land and leasing. Familiar with com- and brief writing, before Louisiana state ence room, fax, copier, receptionist, up- mon oilfield agreements. Many years’ and all federal courts including U.S. Su- dated law library and full kitchen. Call experience with major producer, former preme Court. Proficient in both elec- (504)836-7341.

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186 August/September 2005 INDEX TO Executive office suites. Convenient Mid- ADVERTISERS FOR RENT City location. Free parking space. Fur- AAA RV Pro ...... 185 NEW ORLEANS nished/unfurnished suites. Full-service ADR inc...... 163 conference center. Administrative ser- Alston Law Firm, L.L.C...... 181 New Orleans CBD, 612 Gravier St., vices. High-speed Internet. Private tele- The Andry Law Firm, L.L.C...... 94 between St. Charles and Camp Street. phone/voice mail. The Office Suites at Babcock Law Firm ...... 97 Individual offices and secretarial spaces 1050, 1050 S. Jefferson Davis Parkway, Bates Engineering, Inc...... 185 are available in this recently renovated New Orleans, LA 70125. Contact our Bourgeois Bennett ...... 113 building. Includes receptionist, digital OnSite Leasing Office, (504)304-3300 Rolland L. Broussard, L.L.C...... 168 telephone system with voice mail, copier, for more information. Cardone Law Firm, A.P.L.C...... 180 fax, wireless Internet, conference room and Clary Medical-Legal Consulting, Inc. ... 184 much more. Walking distance to court. NOTICE Diagnostic Management Affiliates ...... 117 Call Michelle Whitaker at (504)525-5553 Kay E. Donnelly & Associates ...... 116 Ericksen, Krentel & LaPorte, L.L.C...... 131 for additional information. I am applying for reinstatement as a Robert G. Foley ...... 186 member of the Bar by petition filed on or Ron J. Gaubert ...... 184 Mid-City offices, 1,600 square feet for about April 16, 2005. This is my request Gilsbar, Inc...... IBC $1,250/month at 219 N. Clark. Can be that any individual file notice of opposi- three separate offices at $385-$485/ IndexEdge Investment Consulting ...... 107 tion or concurrence with the board within JLS Medical-Legal Consulting ...... 186 month. Across from Lindy Boggs Hospi- 30 days. Clark C. Roy, P.O. Box 306, JuriSearch, L.L.C...... 128 tal (formerly Mercy), above Canal and Marksville, LA 71350. Address of board: Lamothe & Hamilton ...... 172 Jeff Davis. Large, off-street parking lot. Louisiana Attorney Disciplinary Board, LandAmerica ...... 96 Includes gas/water. Nice. Call Katheleen Ste. 310, 2800 Veterans Memorial Blvd., LaPorte, Sehrt, Romig, Hand ...... 96 Cresson, attorney, at (504)486-6666. Metairie, LA 70002; phone (504)834-1488. Law Seminars, L.L.C...... 162 Legal Directories Publishing Co., Inc. .. 129 Legier & Materne ...... IFC LexisNexis ...... 90, 93 Louisiana Organization for Judicial Excellence ...... 169 Louisiana State Paralegal Association ...... 158 MAPS, Inc...... 127, 133, 160 Need McGlinchey Stafford, P.L.L.C...... 108 Elizabeth W. Middleton Reach 19,000+ Mediation Services ...... 171 computer NASD ...... 161 readers National Legal Research Group ...... 153 help? Perry, Dampf, Watts & Associates, L.L.C...... 99, 165 with a Plastic Surgery Associates ...... 177 The Technology Resource boxed ad . . . Rhoades Co., Inc...... 166 Center is an LSBA Member Rimkus Consulting Group, Inc...... 164 Nash C. Roberts III ...... 112 Service and just a phone call, only $70 Schafer Group, Ltd., L.L.C...... 135 fax or e-mail away! ShadowTrack ...... 95 (one-time run). Mary Ann Sherry ...... 185 (504)838-9108 Smith & Fawer, L.L.P...... 167 Special Counsel ...... 159 fax (603)462-3807 Template, Inc...... 89 Call (504)619-0112 David Ware & Associates...... 109 e-mail: for details. West, A Thomson Business ...... OBC [email protected] Don Weir, Jr...... 134 James F. Willeford ...... 170 The Whitney/Wyndham...... 94 Jack Wright, Jr., J.D., Ph.D...... 186

Louisiana Bar Journal Vol. 53, No. 2 187 NEWS INN OF COURT. . . LOCAL BARS

UPDATE

A.P. Tureaud American Inn of Court Established

The A.P. Tureaud American Inn of Court was officially established at a charter-signing ceremony in February in the chambers of the Louisiana Supreme Court. Harry T. Lemmon, retired justice on the Louisiana Supreme Court, presented the charter to the chapter members. Piv- otal in the establishment of the Tureaud Inn (the 18th Inn of Court established in Louisiana) are Louisiana Supreme Court Justice Bernette Joshua Johnson and New Orleans attorneys E. Phelps Gay and Wayne J. Lee (both past presidents of the Harry T. Lemmon, retired justice on the Louisiana Supreme Court, presented the charter to Louisiana State Bar Association). the A.P. Tureaud American Inn of Court members. Also holding the charter is Justice Also on hand for the ceremony were Bernette Joshua Johnson, one of the chapter organizers. Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr., American Inns of Court Director of Chapter Relations when presenting the charter. “I am par- ment, not passive,” Harre said. “Inns fill Swing Strickland Harre and A.P. ticularly honored today because I have the mentoring void and are making better Tureaud’s daughter Carole Tureaud of known A.P. Tureaud. He exemplifies the lawyers,” she added. New Orleans. ideals of the profession. He was a great There are about 27,000 judges and “Inns of Court are flourishing nation- gentleman and a good lawyer,” he added. lawyers in Inns nationwide and all focus ally and in Louisiana,” Lemmon said “Inns of Court require active involve- on mentoring, getting to know others and exchanging ideas. Inn membership can range from 50-100, with the average of 70. There are various levels of membership, including master of the bench, bar- risters, associates and pupils (3rd-year law students). Following the charter-signing, those in attendance were treated to a skit presentation from Inn members in Baton Rouge, a discussion of issues tapped in the skit and a social/dinner. For more information on the life and legacy of A.P. Tureaud, see the article by Rachel L. Emanuel on page 104 of this Among those on hand for the charter-signing ceremony was Carole Tureaud, second row left, issue. the daughter of A.P. Tureaud.

188 August/September 2005 Attorney General’s Office mer Law Clerk Fellowship Program. The Foti said. “I look forward to working Offering Summer Law Clerk program began in May with a welcome with them and showing them what the address by Chancellor Freddie Pitcher, Jr. Attorney General’s Office has to offer Fellowship Program from Southern University Law Center. not only as an employer, but as a citizen Several law students have been partici- “These students are all top law stu- as well.” pating in Louisiana Attorney General dents and possess a variety of valuable The Summer Law Clerk Fellowship Charles C. Foti, Jr.’s second annual Sum- experience that enhances this office,” Program is employing 27 students from

Minimum Qualifications for Appointment as a Special Assistant Attorney General

The minimum qualifications for appointment as a spe- of litigation, his probationary period may be extended. cial assistant attorney general are listed below. 10. Any attorney appointed by the attorney general serves at the pleasure of the attorney general and may be re- 1. The attorney shall be admitted to practice law in the moved by the attorney general at any time without cause. state of Louisiana unless the action is pending in an- 11. The commissioner of administration may withdraw his other state in which event the attorney shall be admitted concurrence of any attorney only for cause. to practice in the state where the action is pending. 12. In accordance with R.S. 42:1113(D), Act 1156 of the 2. If the action is pending before a federal court or other 1995 Regular Session, “No legislator or person who has court of special admission requirements, the attorney been certified by the secretary of state as elected to the shall be admitted to practice before such court. legislature, or spouse of a legislator or person who has 3. The attorney shall not be under suspension by the Loui- been certified as elected to the legislature, nor any cor- siana Supreme Court or any court in which the action is poration, partnership, or other legal entity the legislator pending. or his spouse owns any interest in, except publicly traded 4. The attorney and any attorney with whom he is engaged corporations, shall enter into any contract or subcon- in the practice of law shall not represent any plaintiff in tract with any branch, agency, department, or institu- any tort claim against the state and/or its departments, tion of state government or with the Louisiana Insur- commissions, boards, agencies, officers, officials or em- ance Guaranty Association, the Louisiana Health Insur- ployees. ance Guaranty Association or any other quasi public 5. The attorney shall not have a conflict of interest as pro- entity created in law, unless the contract or subcontract vided by the Rules of Professional Conduct of the Loui- is awarded by competitive bidding after being adver- siana State Bar Association. tised and awarded in accordance with Part II of Chap- 6. The attorney shall have and maintain professional mal- ter 10 of Title 38 of the Louisiana Revised Statutes of practice insurance with minimum coverage of $1 mil- 1950 or is competitively negotiated through a request lion per claim with an aggregate of $1 million. for proposal process or any similar competitive selec- 7. The attorney should have a Martindale-Hubbell rating tion process in accordance with Chapter 16 of Title 39 of “bv” or better. of the Louisiana Revised Statutes of 1950.” 8. The attorney should have been admitted to and engaged in the practice of law for a minimum of three years. Additional Requirements for the Defense 9. The requirements set forth in 7 and 8 may be waived by of Medical Malpractice Claims the attorney general in which event the attorney will be placed on a probationary status for a period of three 13. The attorney should have three years experience in the years. During the period of probation, the attorney’s per- defense of medical malpractice claims. formance will be evaluated annually by the claims man- 14. The attorney should have participated as counsel of ager of the Office of Risk Management and the director record in at least two medical malpractice trials. of litigation of the attorney general’s office. 15. Professional malpractice limits shall be at least $1 mil- In the event that the attorney’s performance is accept- lion per claim and with an aggregate of $1 million. able during the three-year probationary period, he shall 16. Requirements 13 and 14 may be waived by the attorney be removed from probationary status. general in which event the attorney will be placed on In the event that the attorney’s performance is unsatis- probation as to medical malpractice defense as provided factory, he may be removed from the probationary list in paragraph 9 above. or, in the discretion of the claims manager and director

Louisiana Bar Journal Vol. 53, No. 2 189 the law schools of Loyola, Louisiana Connor Receives LSBA State University, Southern, Tulane and Crystal Gavel Award Harvard. Students have the opportunity to work in specific areas of interest, such New Orleans attorney Karl J. Connor, as consumer protection, while rotating government affairs director with BP among the different sections of the America, was awarded the Louisiana Attorney General’s Office, according to State Bar Association’s Crystal Gavel the needs of each division. Award at the Greater New Orleans Louis At the orientation, Foti welcomed the A. Martinet Legal Society and the New students, discussed public service and Orleans Martinet Legal Foundation’s 23rd annual Awards and Scholarship Gala provided information about his office. in May. Every week, the law clerks gather for Connor was honored for his work with presentations by various public officials the New Orleans youth mentor program who speak and answer questions about Boys to Men, A Rites of Passage, Inc. public service and how different “It’s an honor to receive an award of this governmental agencies are impacted by nature,” Connor said. “No one does volun- the work of the Attorney General’s teer work to be recognized but, when you Office. are, it’s appreciated. You also hope other The purpose of the Attorney General’s people will be inspired to do the same.” Summer Fellowship Program is two-fold. Connor has mentored more than 200 New Orleans attorney Karl J. Connor was presented with the Crystal Gavel Award in First, it gives students an opportunity to children and raised more than $10,000 for the nonprofit organization. The pro- May. Presenting his award is Marta-Ann gain experience in many areas of law Schnabel, currently president-elect of the gram pairs fifth graders at an Orleans while assisting attorneys in their efforts Louisiana State Bar Association. Parish public school with professionals to represent the state. Second, the from the New Orleans community. Since program allows hiring personnel to joining the program, he has received LOUISIANA BAR oversee and work with law school “Mentor of the Year” and “Newcomer of students so the Attorney General’s Office the Year” awards. He has also served as FOUNDATION is better equipped to meet its entry-level treasurer, parliamentarian and president. hiring needs. The Crystal Gavel Award recognizes Louisiana Bar Foundation outstanding lawyers and judges who have The 2005 summer clerks are: Richard Announces New Board Baudouin, Loyola; Mesa Brown, South- been unsung heroes and heroines in their communities by performing volunteer ern; Robert Boxie, Harvard; Valencia The Louisiana Bar Foundation (LBF) services out of duty, responsibility and Carter, Southern; Jason Dagate, South- announces the 2005-06 board of direc- professionalism. ern; Lacy Durham, Southern; Krystil tors with Donna D. Fraiche of New Or- Garrett, LSU; Consuella Green, South- leans as president, John “Jock” Scott of ern; Angelique Guillory, Loyola; Rebecca Alexandria as vice president, and Elwood Hinton, LSU; Issac Howell, LSU; Stacy Judge Morrison Honored F. Cahill, Jr. of New Orleans as secre- Humphries, LSU; Edward James, South- at NOLAC, SLLS Event tary-treasurer. ern; Lynsay Jones, LSU; Kathryn Larose, Fraiche is a shareholder and member Judge Robert H. Morrison III, LSU; Jennifer Myshrall, LSU; Lacey of the health care and public policy de- chief judge in 21st Judicial Dis- Ourso, LSU; Kristen Pleasant, Southern; partments in the New trict Court, was honored as an Orleans office of the Claire Samuels, Loyola; Brett Searcy, alumni judge at the February “In firm Baker, Donel- Southern; Ikaha Sparrow, Southern; the Service of Justice” reception son, Bearman, Cald- Brook Spurlock, Southern; Shelby Stone, hosted by the New Orleans Legal well & Berk-owitz. Loyola; Carson Strickland, Tulane; Otis Assistance Corp. and Southeast She became a Fel- Town, Tulane; Tressa Valentine, Loyola; Louisiana Legal Services. Judge low of the Founda- and Kimberly Wolfe, Loyola. Morrison’s name was inadvertently tion in 1989 and has omitted from the list of honored served on the board judges. We regret the error. of directors since 2000. She was a Donna D. Fraiche

190 August/September 2005 Jr., New Orleans; Cyrus J. Greco, Baton LBF Welcomes New Fellows Rouge; Harry S. Hardin III, New Or- leans; Suzanne M. Jones, Covington; The Louisiana Bar Foundation wel- Hon. Sheral Kellar, Baton Rouge; comes the following new Fellows: Michael W. McKay, Baton Rouge; Frank X. Neuner, Jr., Lafayette; William N. Carmelite Bertaut ...... New Orleans Norton, New Orleans; Patrick S. Ottinger, Kathleen K. Charvet ...... New Orleans Lafayette; Drew A. Ranier, Lake Charles; Jonathan R. Cook ...... New Orleans Garland R. Rolling, Metairie; Marta-Ann Fred T. Crifasi ...... Baton Rouge John “Jock” Scott Elwood F. Schnabel, New Orleans; John B. “Spike” Bernadette D’Souza...... New Orleans Cahill, Jr. Scofield, Lake Charles; E. Wade Shows, Arlene C. Edwards ...... Baton Rouge Baton Rouge; John G. Swift, Lafayette; Pauline Fiest ...... New Orleans member of the LBF IOLTA Administra- Laura N. Sylvester, Alexandria; and Paul tion and Strategic Planning Committees. W. Wright, Houston,Texas. Continued next page In 2001-03, she was the LBF Raising the Bar Endowment Campaign Metro Or- leans Committee chair, and in 2001-02 she chaired the Annual Fellows Dinner Alcohol and Drug Abuse Hotline Committee. She chairs the Louisiana Director William R. Leary 1(866)354-9334 Health Care Commission and serves on Ste. 4-A, 5789 Hwy. 311, Houma, LA 70360 its Subcommittee on the Uninsured. She also serves as chair of the board of trust- Area Committee Contact Phone ees of Loyola University. In 2004, Fraiche was awarded the New Orleans Bar Asso- Alexandria Stephen E. Everett ...... (318)640-1824, (318)443-6312 ciation President’s Award. An assistant professor of history at Baton Rouge Steven Adams ...... (225)753-1365, (225)924-1510 LSU-Alexandria and a sole practitioner, David E. Cooley ...... (225)751-7927, (225)753-3407 Scott has been a Fellow of the Founda- John A. Gutierrez ...... (225)715-5438, (225)744-3555 tion since 1989. He has been a member of the board of directors since 2001 and Houma Bill Leary ...... (985)851-0611, (985)868-4826 served as liaison and chair of the IOLTA Grants and Budget/Investment Commit- Lafayette Alfred “Smitty” Landry ...... (337)364-5408, (337)364-7626 tees this past year. Thomas E. Guilbeau ...... (337)232-7240 Cahill, a partner of Sher, Garner, James Lambert ...... (337)233-8695, (337)235-1825 Cahill, Richter, Klein & Hilbert, is a founding board member of the Founda- Lake Charles Thomas M. Bergstedt ...... (337)433-3004, (337)558-5032 tion. This past year, he served as chair of Nanette H. Cagney ...... (337)437-3884, (337)477-3986 the IOLTA Banking Committee. He also serves on the Council of the American Monroe Robert A. Lee...... (318)387-3872, (318)388-4472 Bar Association Real Property, Probate and Trust Law Section. He also is a New Orleans Craig Caesar ...... (504)596-2774 member of the board of Children’s Hos- Deborah Faust ...... (504)486-4411, (504)833-8500 pital in New Orleans. Donald Massey ...... (504)585-0290 Newly elected board members are William A. Porteous ...... (504)581-3838, (504)897-6642 Hon. Marc T. Amy, Abbeville; Brace B. Dian Tooley ...... (504)861-5682, (504)831-1838 Godfrey, Jr., Baton Rouge; and Herschel E. Richard, Jr., Shreveport. Shreveport Bill Allison ...... (318)221-0300, (318)865-6367 Other members of the 2005-06 board Ed Blewer ...... (318)227-7712, (318)865-6812 of directors include Hon. Michael G. Steve Thomas ...... (318)872-6250 Bagneris, New Orleans; David F. Bienvenu, New Orleans; Thomas A. The Lawyers Assistance Program, Inc. provides confidential assistance Casey, Jr., New Orleans; Hon. Eldon E. with problems such as alcoholism, substance abuse, mental health issues, Fallon, New Orleans; Calvin C. Fayard, gambling and all other addictions. Jr., Denham Springs; Marcel Garsaud,

Louisiana Bar Journal Vol. 53, No. 2 191 Jason E. Fontenot ...... Lafayette Charles Foti, Jr...... Baton Rouge Oral History Profile: Neeley Griffith ...... New Orleans Leo C. Hamilton ...... Baton Rouge Janet Mary Riley G. William Jarman ...... Baton Rouge Professor John Lovett ...... New Orleans The Louisiana Bar Foundation (LBF) recently com- Dr. Ralph E. Lupin ...... New Orleans pleted an oral history on Janet Mary Riley, a nationally Kenner O. Miller ...... Baton Rouge recognized pioneer in law education. She reminisces Professor Jacqueline about her life, being raised and educated in New Nash ...... Baton Rouge Orleans during the depths of the Depression and James L. Pate ...... Lafayette receiving a scholarship to Ursuline College. Her fa- Denise M. Pilié ...... New Orleans vorite teacher, Mother Rita, encouraged Riley to study Janet Mary Riley Paul S. Stickland ...... Shreveport law, but she laughed at the idea, thinking there was no Jane A. Thomas ...... Baton Rouge way she could afford another three years of college. She received her BA degree Richard Upton ...... Baton Rouge in 1936 and eventually found herself in library school at Louisiana State James R. Van Hook ...... Shreveport University. Donald Weir, Jr...... Shreveport Riley worked at the New Orleans Public Library before getting a job at Jack K. Whitehead, Jr. .... Baton Rouge Loyola University’s library. Pearl Harbor happened shortly after she started W. Luther Wilson ...... Baton Rouge working at Loyola and she became a civilian employee of the U.S. Army. After the war, Riley went back to work at Loyola, this time in the law library. She decided to take a few law courses to become better acquainted with the law material. Her first semester, she took legal bibliography and contracts. Her second semester, she was teaching legal bibliography. After receiving her law degree, she decided to apply for a teaching position at Loyola University Law School. In 1956, Riley became Loyola Law School’s first female law professor and one of the first nine female law professors in the United States. Through the years, Riley served on various committees to improve civil rights and relations. She wrote the brief in the landmark decision Lombard v. Louisiana and was instrumental in Louisiana’s civil code revision and equal management for spouses. “A career in law, to work for justice, balance equities in society’s problems and an opportunity to be of service, has been very important to me,” Riley said. The Oral History Program exists to broaden and preserve the history, culture Kids’ Chance scholarship recipient Natalie and flavor of Louisiana law. This program, which films, edits and produces the Habetz, left, with her Sen. James David Cain and Louisiana Bar Foundation 2004-05 oral histories of Louisiana’s retiring judges, bar leaders and other legal person- President David F. Bienvenu. alities, began in 1999. For more information about the Oral History Program, visit the LBF Web site at www.raisingthebar.org. LBF’s Kids’ Chance Scholarship Program Distributes Funds to Students often forgotten when these losses occur. in chemical engineering; Natalie Habetz LBF’s Kids’ Chance Scholarship Program from Ragley will study nursing at Louisiana Bar Foundation (LBF) is making a difference in the lives of these McNeese State; Sally Anne Elise Hair of 2004-05 President David F. Bienvenu families. Kids’ Chance awards scholar- Prairieville plans to attend Louisiana State distributed more than $30,000 in Kids’ ships to dependent children of a worker University to study business manage- Chance scholarship money to 18 killed or permanently disabled in an acci- ment; Christopher Henry of DeQuincy Louisiana students during a presentation dent compensable under a state or federal plans to major in computer technology; in the Senate chamber of the State Capitol Workers’ Compensation Act or law. Vickie Keys, a resident of Port Barre, in Baton Rouge in June. The 2005-06 scholarship recipients will attend the University of Louisiana In a single year, more than 50,000 are Ashley Baldi of Many, who will at- where she will major in visual arts; Bran- Louisiana workers are injured on the job tend Northwestern University where she don LaGrange from Breaux Bridge plans and more than 100 are killed. The fami- plans to major in accounting; Jacob to attend the University of Louisiana; lies and, more often, the children are Belaire of Lake Charles, who will major Jacob Landry of Jennings will graduate

192 August/September 2005 from Louisiana State University in two years with dual degrees in mass commu- LOCAL/SPECIALTY nications and animal science; Lori BARS LeBlanc from Oberlin will major in pre- med or biology; Jarrett Marchand from St. Amant will study pre-law at Nicholls Dallam Installed as State; Tonya Massey of Winnsboro will Law League President attend the University of Louisiana and major in kinesiology; Kimberly Rider of Barbara Dallam was installed as 2005- Jennings will attend Louisiana State Uni- 06 president of the Law League of Loui- versity and major in animal sciences; siana in May by Judge Jay C. Zainey with Steven Rider of Jennings attends Louisi- the United States District Court for the ana State University and is majoring in Eastern District of Louisiana. pre-med; Seleigh Simon from New Or- Joining Dallam as officers are Edie Jamie F. Staub, a teacher at Grace King leans is a political science/pre law fresh- Villarrubia, president-elect; Patti Lee, High School, center, is the recipient of the man attending Loyola University in New recording secretary; Jean Russo, corre- 2005 Mettery Sherry Law-Related Educa- Orleans; Dionne Ashley Smith of New sponding secretary; Tish Steib, financial tion Teacher of the Year Award. Mettery Orleans plans to attend Xavier where she secretary; and Stephanie Levenson, trea- Sherry, left, presented the award. With them is Law League President Barbara Dallam. will major in pre-med; Drew Sokol from surer and immediate past president. New Orleans is attending Tulane and Dallam presented Levenson with a majoring in business; Joshua Thornton gold Law League President’s pin. Phillips Law School Merit Awards were of Metairie is attending Louisiana State Several awards were presented dur- presented to Kimberly Dort, Louisiana University where he is going to major in ing the installation luncheon. State University Paul M. Hebert Law engineering; and Casey Lynn Todesco of Jamie F. Staub, a teacher at Grace Center; Christiana V. Bigelow, Loyola Metairie, who is attending Delgado Com- King High School, received the 2005 University Law School; Donald M. Bow- munity College, is studying business. Mettery Sherry Law-Related Education man, Southern University Law Center; Kids’ Chance is administered by the Teacher of the Year Award. and Benjamin M. Misko, Tulane Law LBF and is governed by a committee Judge Zainey received the Bernard J. School. The awards are based on grade representing a cross section of the legal Caillouet Award. point averages and consist of a monetary and workers’ compensation communi- The 2005 Taylor, Porter, Brooks & stipend and a certificate of merit. ties in the state. For more information on Kids’ Chance or to find out how you can make a donation to the Kids’ Chance Fund, call Lauren Del Rio at the LBF office, (504)561-1046, or go to www.raisingthebar.org.

Judge Jay C. Zainey with the United States District Court for the Eastern District of Law League Immediate Past President Louisiana, fourth from left, installed the 2005-06 officers of the Law League of Louisiana. Stephanie Levenson, left, received the From left, Jean Russo, corresponding secretary; Patti Lee, recording secretary; Edie President’s pin from newly installed Presi- Villarrubia, president-elect; Zainey; Barbara Dallam, president; and Stephanie Levenson, dent Barbara Dallam. immediate past president and treasurer.

Louisiana Bar Journal Vol. 53, No. 2 193 Robinson Installed as President of Louisiana Association of Defense Counsel

George H. Robinson, Jr., a shareholder in the Lafayette office of Liskow & Lewis, A.P.LC., has been installed as president of the Louisiana Association of Defense Counsel. The installation took place in Sorrento, Italy, in April. Adrianne L. Baumgartner of Covington is immediate past president. Also installed were President-Elect Philip D. Lorio III, New Orleans; First Judge Jay C. Zainey with the United States District Court for the Eastern District of Louisiana Vice President John W. Perry, Jr., Baton is the recipient of the Law League of Louisiana’s Bernard J. Caillouet Award. From left, Bette Rouge; Second Vice President Chris E. Rogyom, Edie Villarrubia, Stephanie Levenson, Judge Zainey, League President Barbara Lawler, Metairie; Secretary-Treasurer F. Dallam, Joy Zainey and Roger Dallam. Drake Lee, Jr., Shreveport; Legislative Vice President Harry J. “Skip” Philips, Jr., Baton Rouge; and DRI State Repre- C. Judice and Ann M. Halphen; District New Orleans Martinet Legal sentative Shelley H. Provosty, New Or- 3, Ben L. Mayeaux; District 4, Charles N. Foundation Sponsors leans. Harper; District 5, Kay H. Michiels; Dis- New directors were elected: District trict 6, David F. Butterfield and James A. Two Law Camps 1, Donald R. Abaunza, Cliffe F. Laborde Mijalis; and District 7, C.A. “Hap” Mar- and Marcel Garsaud, Jr.; District 2, Steven tin III. For the fifth year, the New Orleans Martinet Legal Foundation has sponsored a law camp for high school students. This year, the Martinet Baton Rouge Bar Association Foundation sponsored two law camps, the first sponsored in conjunction with the Urban League Street Academy and the second sponsored with the Loyola and Tulane Upward Bound programs. Both programs were designed to expose children to experiences they would not otherwise have the opportunity to participate in and to professionals who could act as role models. Additionally, each student received a stipend for his or her participation in the program. The Urban League Street Academy Law Camp focused on entertainment law and business. The students attending the Street Academy have been expelled from their home schools and represent all areas of the city. Eighteen teens were selected to participate in the program. The Baton Rouge Bar Association volunteer members served food to the homeless at the Bishop Ott Center in Baton Rouge on May 13. From left, Melanie Verzwyvelt, Erik Kjeldsen, Scott Huffstetler, Daniel Mensman, Chris Mensman, Neil Coig and Tara Montgomery. Martinet continued next page

194 August/September 2005 Greater Covington Bar Association People Deadlines & Notes

Note the following deadlines for submitting People announcements (and photos) in future issues of the Louisiana Bar Journal:

Publication Deadline Dec.2005/Jan.2006 Oct. 4, 2005 Feb./March 2006 ....Dec. 5, 2005 April/May 2006 ...... Feb. 3, 2006 June/July 2006 ...... April 4, 2006

Announcements are published free of charge to members of the Louisiana State Bar Association. Only the names of Louisiana State The Greater Covington Bar Association held a poetry, essay and art contest recently. Each contest winner received a U.S. savings bond and a plaque, presented by Judge Donald M. Bar Association members are pub- Fendlason, far right. Poetry winner was Krista Loup of Fountainbleau High School, fourth lished. from left. Essay contest winner was Tyler Crosby of St. Paul’s School, fifth from left. Art LSBA members may publish contest winner Kayla Hoines of Boyet Junior High School was not in attendance. From left, photos with their announcements at Greater Covington Bar Association President Arthur Patron, Jr., Jennifer Masters, Janice a cost of $50 per photo. Firms sub- Loup, Krista Loup, Tyler Crosby, Gene Crosby and Judge Fendlason. mitting multiple photos for publication must remit $50 for each photo. Martinet continued from page 194 Payment for photos must be submitted when the announcement students heard talks by lawyers, a man- tiqued the students to help hone their is submitted (adhering to the sub- ager, a publicist and a studio engineer. presentation skills. The winner received mission deadlines above). All pho- They were taught the importance of con- a $600 cash prize, with second and third tos must be paid for prior to publi- tracts and the legal process. To culminate place prizes also being awarded. A cash cation. the Entertainment Law Camp, the stu- prize was also given to the best pre-trial Send announcements, photos dents participated in a negotiation exer- memorandum. The Martinet Foundation and photo payments (checks pay- cise designed to teach dispute resolution has provided the students with mentors able to Louisiana State Bar Asso- ciation) to: skills. Each team of four students suc- who will follow their progress through cessfully negotiated a recording contract. high school and college. Publications Coordinator The Upward Bound Law Camp con- The Martinet Foundation intends to Darlene M. LaBranche sisted of 16 students selected from across have law camps in both fall 2005 and Louisiana Bar Journal the city to participate in a mock trial spring 2006 and hopes to have more 601 St. Charles Ave. competition. Lawyers in the community volunteers. New Orleans, LA 70130 trained the students in the art of trial The Martinet Foundation was estab- preparation and presentation. The stu- lished in 1998 to serve as the community Call (504)619-0112 or dents were also instructed in brief writ- service arm of the Greater New Orleans (800)421-5722, ext. 112 ing. After five weeks, the students were Louis A. Martinet Society. The Founda- prepared to put on their federal criminal tion sponsors legal fairs, mentorship pro- Announcements and photos case and present their briefs to the court. grams and law camps. may be e-mailed to [email protected]. Lawyers and a juvenile court judge cri-

Louisiana Bar Journal Vol. 53, No. 2 195 NOBA Hosts Supreme Court Luncheon

The New Orleans Bar Association’s (NOBA) Past Presidents’ Committee, chaired by George W. Healy III, hosted a well-attended reception and luncheon hon- oring the justices of the Louisiana Supreme Court. NOBA President Jesse R. Adams, Jr. welcomed attendees and guests. Healy introduced Chief Justice Pascal F. Calogero, Jr. and Justice John L. Weimer who together delivered an address covering the workings of the court.

Attending the New Orleans Bar Association’s (NOBA) Past Presidents’ Committee Supreme Court luncheon were, seated from left, Justice Catherine D. Kimball, Justice John L. Weimer, Chief Justice Pascal F. Calogero, Jr. and Justice Jeannette T. Knoll. Standing from left, George W. Healy III, Walter Carroll, Jr., John M. Page, John Y. Pearce, Patricia A. Garcia, Grady S. Hurley, NOBA President Jesse R. Adams, Jr., Judge Jerry A. Brown, Kim M. Boyle, Phillip A. Wittmann and Marta-Ann Schnabel.

NOBA Hosts Inn of Court Fleming Love and Max N. Tobias, Jr. on Luncheons May 20. The spring luncheon was followed by a one-hour professionalism Marian Offner, left, was sworn in as the The New Orleans Bar Association seminar with Michael J. Mestayer mod- 2005-06 president of the Jefferson Bar Asso- (NOBA) Inn of Court (IOC) hosted its erating a panel composed of Carmelite ciation Auxiliary by Hon. George Giacobbe spring luncheon on April 8 and an infor- M. Bertaut, Judge Daniel E. Knowles III on May 18. Offner accepted the gavel from mal lunch with 4th Circuit Judges Terri and Judge Ivan L.R. Lemelle. The May outgoing President Edie Villarrubia. 20 luncheon was followed by a seminar on “Everything You Wanted to Know About the Appellate Process.”

On May 20, 4th Circuit Judges Terri Fleming Among the 2005-06 Jefferson Bar Association Auxiliary board members are, standing from Love and Max N. Tobias, Jr. hosted the New left, Barbara Dallam, Beth Gardner, Jean Russo, Carmen Offner, Carol Schmidt, Gail Veters, Orleans Bar Association Inn of Court at an Tish Steib, Stephanie Levenson, Toyanne Faulkner, Patti Lee and Barbara McManus. Seated informal lunch followed with a seminar on from left, Cathy Landwehr, Immediate Past President Edie Villarrubia, President Marian “Everything You Wanted to Know About Offner and Carole Dunn. the Appellate Process.”

196 August/September 2005 Duroncelet Receives NOBA Liberty Bell Award

The New Orleans Bar Association’s Liberty Bell Award was presented to Theophile A. Duroncelet, United States marshall for the Eastern District of Louisiana. In attendance for the Liberty Bell award presentation were numerous fed- Theophile A. eral judges, Supreme Duroncelet Court justices, judges from the 4th Circuit Court of Appeal and Criminal Court judges. Jesse R. Adams, Jr., president of the New Orleans Bar Association, presented New Orleans Bar Association (NOBA) Inn of Court (IOC) spring luncheon panelist Judge the award to Duroncelet. Daniel E. Knowles III, from left, NOBA IOC President Grady S. Hurley and panelists The Liberty Bell Award recognizes Carmelite M. Bertaut, Judge Ivan L.R. Lemelle and moderator Michael J. Mestayer. non-lawyers for contributions in encour- aging respect for the law and courts.

Southwest Louisiana Bar Holds First Bench Bar Conference

The Southwest Louisiana Bar Asso- ciation held its first Bench Bar Confer- ence from March 31-April 2 at the Hous- tonian Hotel, Club & Spa in Houston, Texas. The conference was attended by 24 judges, representing the Louisiana Supreme Court, the 3rd Circuit Court of Appeal, the United States District Court for the Western District of Louisiana, the 14th Judicial District Court, the 38th Judicial District Court, the 33rd Judicial District Court, Lake Charles City Court, Sulphur City Court and Workers’ Com- pensation administrative courts. In addition, there were nearly 70 lawyers from the Southwest Louisiana Bar in attendance. The activities at the conference in- Attending the New Orleans Bar Association (NOBA) Inn of Court spring luncheon were, from left, 2004 NOBA President Phillip A. Wittmann and Judge Joseph C. Wilkinson, Jr. cluded CLE programs, which provided time for exchanges between judges and the bar members, a cocktail reception on Thursday night, a golf tournament at Redstone Country Club and a cocktail

Louisiana Bar Journal Vol. 53, No. 2 197 party at the Manor House, former residence of former President George H.W. Bush, located on the Houstonian property.

Attending the first Southwest Louisiana Bar Association Bench Bar Conference in Houston, Texas, were, from left, Judge Billy H. Ezell, 3rd Circuit Court of Appeal; Judge Patricia H. Minaldi, U.S. District Attending the first Southwest Louisiana Bar Association Bench Bar Court, Western District; and Judge James T. Genovese, 3rd Circuit Conference in Houston, Texas, were, from left, Melaine Peters; Court of Appeal. Judge Jimmie C. Peters, 3rd Circuit Court of Appeal; Susan Saunders; Judge John D. Saunders, seated, 3rd Circuit Court of Appeal; and Judge Sylvia R. Cooks, 3rd Circuit Court of Appeal.

St. Mary Bar Association Elects New Officers, $2,000 scholarship to a St. Mary Parish high school senior. Directors, Awards Scholarship This year, the scholarship was awarded to Kenneth Holcomb of Morgan City High School. He is the son of Vince and Cathy Gerard J. Bourgeois, a Morgan City attorney, was elected Holcomb. president of the St. Mary Bar Association at its annual meeting Marsha McNulty, immediate past president of the St. Mary on May 4. Also serving as officers are David M. Thorguson, Bar Association, presented the scholarship. vice president; Vincent J. Borne, secretary; and Andrew Reed, treasurer. Elected to serve on the board of directors are Kevin E. Broussard, Adolph B. Curet III, Margaret E. Judice, David A. Parsiola and Anthony J. Saleme, Jr. The St. Mary Bar Association is a professional organization of attorneys practicing in the St. Mary Parish area. Among its many civic and educational activities is the annual award of a

The St. Mary Bar Association presented its $2,000 scholarship to Morgan City High School senior Kenneth Holcomb. From left, Marsha McNulty, immediate past president; Cathy Holcomb, Ken- neth Holcomb and Vince Holcomb; and Gerard Bourgeois, president.

Gerard J. Bourgeois, second from left, was elected president of the St. Mary Bar Association. From left, David M. Thorguson, vice president; Bourgeois; Marsha McNulty, immediate past president; An- drew Reed, treasurer; and Adolph B. Curet III, board member.

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3PECTACULAR3HOPPING &ORMOREINFORMATION CONTACT!NNETTE"URAS .EW9ORK#ITYHASITALL OR 6ANESSA$UPLESSISAT OR ([SHULHQFHLWDJDLQLouisiana Bar Journal Vol. ,3"! 53, No. 2 199 Lucid INTERVALS By Vincent P. Fornias and René B. deLaup MOTION DAY

[The scene is the crowded chambers of a state district courtroom in a Spence: It’s an enlarged photo of Brad Pitt, and I thought it would Louisiana metropolitan area.] look good in the courtroom. If not I have an enlargement of Maury Herman I can bring in. That one’s pretty rad, your honor. COUNSELORS, YOU’VE CERTAINLY BROUGHT A LOT OF MOTIONS ON THIS CASE TODAY. DENIED. MR. ALLBILL, YOUR SANCTIONS MOTIONS FOR Mr. Allbill: At best it’s in the two figures, your honor, unlike HER SANCTIONS MOTIONS, IS IT POSSIBLE THAT YOU WERE plaintiff’s settlement demand. THROWING A TEMPER TANTRUM? Ms. Spence: But not near as many as the number of depositions Allbill: Well, I was a bit upset, your honor, but I respectfully deny defense counsel has taken, your honor. having human emotions.

THAT’S ENOUGH OF THAT. WE’LL BE HERE THROUGH THE MS. SPENCE, DID YOU REALLY FILE A VAGUENESS EXCEP- WEEKEND WORKING THROUGH ALL OF THESE. LET’S SEE TION TO YOUR OWN PETITION? IF WE CAN DO SOME TRIAGE. MR. ALLBILL, THIS MOTION Spence: Yes, your honor. You have to admit it was pretty hard to TO COMPEL DISCOVERY, HAVEN’T YOU RESOLVED IT WITH figure out the cause of action by reading it. THE PLAINTIFF’S COUNSEL? Allbill: Actually, your honor, I believe I have, but I felt like if I didn’t HOW ABOUT THIS DAUBERT MOTION? DIDN’T I READ THAT file it anyway, the terrorists win. THIS EXPERT DIED A YEAR AGO? Spence: It does seem like it has been a long and winding road to get MS. SPENCE, DOES THAT TAKE CARE OF YOUR MOTION to this point. FOR SANCTIONS FOR BURDENSOME DISCOVERY? Spence: Um, in point of fact, your honor, you haven’t ruled yet on the HOW ABOUT YOUR RECUSAL MOTION ALLEGING THAT I’M part about being sentenced to Fallujah. IN A RELATIONSHIP WITH THE PLAINTIFF’S PET NUTRIA? Allbill: Gee, did we file that? I’m sorry, your honor. That was intended MR. ALLBILL, YOUR VENUE EXCEPTION, DON’T ALL THE for a matter pending in St. Bernard Parish . . . . PARTIES AND WITNESSES LIVE IN THIS PARISH? AND DIDN’T THE ACCCIDENT OCCUR HERE? HOW ABOUT THIS MOTION FOR QUO WARRANTO WRIT OF Allbill: Well (heh, heh) we file those things as a matter of course, your FIFA? honor . . . You never know about those drive-by annexations. They’ll Allbill: I gotta have a long talk with that associate. . . . get you every time. MS. SPENCE, YOU FILED A MOTION IN LIMINE TO APPROVE MS. SPENCE, THESE MOTIONS TO QUASH AN UNLAWFUL YOUR LIST OF WITNESSES TESTIFYING TO THE INVALID- INVESTIGATORY SEARCH, . . . . ITY OF THE RELEASE YOUR CLIENT SIGNED. IT NAMES Spence: Well, they were on my computer from when I did criminal work, FIVE NOTARIES, THE CLERK OF COURT, THE CLIENT’S your honor, and he was filing so many motions, and I was on a roll . . . . PRIEST, FOUR ARCHBISHOPS, THE POPE AND GERALDO Allbill: Hmmffff. RIVERA. ARE YOU SERIOUS? Spence: Actually, yes, your honor. It seems like I heard in a CLE talk MR. ALLBILL, WAS THAT A SARCASTIC SCOFF? that it’s similar to proving a UM waiver. Allbill: Um, no, your honor. It was a regular one. MR. ALLBILL, THIS MOTION FOR ENTRY ON LAND TO CON- WELL THEN, MAYBE YOU CAN DECIPHER THIS MOTION DUCT DISCOVERY, DIDN’T THIS ACCIDENT OCCUR ON FOR NOTICE OF LIS PENDENS OPPOSING THE RIGHT OF YOUR CLIENT’S OWN PROPERTY? ACTION OF THIRD PARTY DEFENDANT IN HIS CAPACITY AS Allbill: You know, your honor, now that you mention it, these little THIRD PARTY PLAINTIFF ASSERTING A CAUSE OF ACTION annexations will get you every time. FOR SUMMARY DISPOSITION? Allbill: I’m not sure I can do that, your honor. My associate wrote it, THAT BRINGS US DOWN TO YOUR NO CAUSE OF ACTION and no one at the firm really understands a word he writes. But he was EXPARTE AND HER PARTIAL-SUMMARY-JUDGMENT MO- law review at Penn, and he’s working diligently to pay off his school TION ON THE DAMAGES ISSUE. loans, so we’re reluctant to question him much. Allbill: Your honor, we believe strongly in our position that her failure to Spence: Hmmmfff. allege “Simon Says” before each of her bare allegations is fatal to her case. Spence: And we’ve always been amenable to a “High-Low” arrange- MS. SPENCE, HOW ABOUT YOUR MOTION FOR PERMANENT ment of no more than eight figures, you honor. EXHIBIT IN THIS COURTROOM? WHAT’S THAT ABOUT? [HMMMMMMMFFFFFFFFF] . . . .

200 August/September 2005 Pressed for Time?

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