Darrel J. Papillion 76th LSBA President Baton Rouge Debt Buyers’ Abuse of Louisiana Courts Creates Problems for Consumers
Also Inside: • The Prematurity Defense to Contractual Indemnity Claims in Louisiana • Mission to Hanoi: “Rule of Law” in a Communist One-Party State LegierCo haystack NO Mag Aug09 8/12/09 4:37 PM Page 1
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1100 Poydras Street • 34th Floor • Energy Centre • New Orleans, LA 70163 Telephone (504) 561-0020 • Facsimile (504) 561-0023 • http://www.legier.com Louisiana Bar Journal Vol. 64, No. 1 1 2 June / July 2016 ®
June / July 2016 Volume 64, Number 1
Features Departments One on One with Darrel J. Papillion, Editor’s Message...... 5 76th LSBA President: Association Actions...... 53 Gen-X President to Focus on Plans to Evaluate and Streamline Resources Practice Management...... 54 Interviewed by Alainna R. Mire...... 6 Lawyers Assistance...... 55 Focus on Diversity...... 56 2015-16 Leadership LSBA Class Celebrates LSBA’s 75th Anniversary Puzzle...... 58 By Micah J. Fincher and Lynette Roberson, Discipline Reports...... 59 Leadership LSBA Class Co-Chairs...... 12
Recent Developments...... 62 LSBA: Historical Timeline Young Lawyers...... 81 By Tara R. Jones and Jacqueline M. Epstein Darrel J. Papillion, second from left, of Baton ...... 12 Rouge is the 76th president of the Louisiana State People...... 87 Bar Association. With him are family members, son Jude, 15; his wife, Shirley; and his daughter News...... 90 Reflections on the Louisiana Legal Anna Claire, 13. Photo by Heather Bush, with Classifieds...... 94 Profession: Where We Have Been and bush-photography in Baton Rouge. Where We Are Headed The Last Word...... 96 ► Interview: Louisiana Supreme Court Associate Justice Jeannette Theriot Knoll Interviewed by Mark R. Deethardt...... 14 Also Inside ► Interview: 3rd Circuit Court of Appeal Chief Judge Ulysses Gene Thibodeaux Interviewed by L. Sean Corcoran...... 16 ADR Directory Info...... 23 ► Interview: Orleans Parish Civil District Court Chief Judge Kern A. Reese Interviewed by Simone B. Boustead...... 20 Expert Directory Info...... 37 ► Interview: Bob F. Wright, 1978-79 LSBA President Profiles of LSBA Officers and Board Interviewed by Jamie Polozola Gomez...... 22 of Governors ...... 46 Interview with Professor A.N. Yiannopoulos: Louisiana’s Most Influential Jurist in Our Time Alcohol/Drug Abuse Hotline.... 58 Interviewed by Tyler G. Storms...... 24 Member Services...... 77,86 Louisiana’s Historic Courthouses: A Look at the Past and the Present Profiles of LSBA Young Lawyers By Tracy O. Joseph, Richard D. Lamb III, Lisha C. Landry, Shayna B. Morvant, Division Officers and Council..... 82 Kimberly R. Silas and Amani C. Perkins...... 28 SOLACE...... 93 LSBA at 75: Perspectives on the Practice/Recollections of Legal Practice in Shreveport Advertisers’ Index...... 93 By Arthur R. (Art) Carmody, Jr...... 34 Technology and Innovation: What Does the Next 25 Years Hold for the LSBA and the Legal Profession? Interviewed by David M. Stein and Pete (PJ) Kee, Sr...... 38 Future of Louisiana’s Ethics and Professionalism Rules: As Technology Changes, Will Ethics Stay the Same? By Cassandra R. Hewlings...... 42
Louisiana Bar Journal Vol. 64, No. 1 3 ® Officers 2016-17 President Editorial Board Darrel J. Papillion • (225)236-3638 Alainna R. Mire Winfield E. Little, Jr. President-Elect Editor (337)430-0907 (318)449-5046 Dona Kay Renegar • (337)234-5350 Claire McDaniel-Ojeh (225)622-2005 Secretary Adrejia L. Boutte Alainna R. Mire • (318)449-5046 (504)561-5700 John H. Musser V (504)523-0400 Treasurer Christopher D. Cazenave H. Minor Pipes III • (504)589-9700 (504)582-8408 Christopher K. Odinet (225)346-0285 Immediate Past President Heather E. Cooley (318)445-3121 Roy H. (Hal) Odom, Jr. Mark A. Cunningham • (504)582-8536 (318)227-3762 John S. (Chip) Coulter (225)362-2445 Maggie Trahan Simar Board of Governors 2016-17 Anthony M. DiLeo (337)394-6133 First District (504)274-0087 Kristine D. Smiley Patrick A. Talley, Jr. • (504)584-9220 (225)298-0770 Brendan P. Doherty D. Skylar Rosenbloom • (504)556-5507 (832)255-6019 Gail S. Stephenson Second District (225)771-4900, x216 Stephen I. Dwyer John E. McAuliffe, Jr. • (504)840-4909 (504)838-9090 Tyler G. Storms (318)255-7805 Third District Barry H. Grodsky Blake R. David • (337)233-2323 (504)599-8535 Bradley J. Tate (337)406-1099 Fourth District Gerald J. (Jerry) Huffman, Jr. (504)957-9114 Dylan Tuggle Thriffiley J. Lee Hoffoss, Jr. • (337)433-2053 Margaret E. Judice (504)620-3187 Fifth District (337)828-1880 Edward J. Walters, Jr. C. Kevin Hayes • (225)268-2725 Robert A. Kutcher (225)236-3636 Edward J. Walters, Jr. • (225)236-3636 (504)830-3820 Jack K. Whitehead, Jr. Sixth District (225)303-8600 Charles D. Elliott • (318)442-9533 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Seventh District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, C.A. (Hap) Martin III • (318)388-4700 Louisiana 70130. Periodicals postage paid at New Orleans, Louisiana and Eighth District additional offices. Annual subscription rate: members, $5, included in dues; Marjorie L. (Meg) Frazier • (318)213-9205 nonmembers, $45 (domestic), $55 (foreign). Canada Agreement No. PM Chair, Young Lawyers Division 41450540. Return undeliverable Canadian addresses to: P.O. Box 2600, Scotty E. Chabert, Jr. • (225)771-8100 Mississauga, ON, L4T 0A8. At-Large Members Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. John M. Frazier • (318)226-9100 Charles Avenue, New Orleans, Louisiana 70130. Rachael D. Johnson • (504)836-2775 Jermaine Guillory • (225)389-8846 Subscriber Service: For the fastest service or questions, call Darlene M. Loyola University College of Law LaBranche at (504)619-0112 or (800)421-5722, ext. 112. Monica Hof Wallace • (504)861-5670 Editorial and Advertising: Southern University Law Center Publication of any advertisement shall not be considered an endorsement Donald W. North • (225)505-6714 of the product or service involved. Submissions are welcome and will be Louisiana State Law Institute considered for publication by the Editorial Board. For submission guide- Kevin C. Curry • (225)382-3484 lines, go online at www.lsba.org, click on “Publications,” then “Louisiana House of Delegates Liaison Chair Bar Journal.” Copyright © by Louisiana Bar Journal. All rights reserved. Julie Baxter Payer • (225)223-0332 Reproduction in whole or part without permission is prohibited. Views expressed are those of the authors only. Editorial Staff Executive Director Luminary Award 2003 Loretta Larsen, CAE National Association of Bar Executives Communications Director Communications Section Kelly Wells Ponder Excellence in Regular Publications Publications Coordinator/Managing Editor
Darlene M. LaBranche International Communications Coordinator - Graphic Design Association of Business Barbara D. Baldwin Public Relations Society Communicators Communications Assistant of America New Orleans Krystal Bellanger Rodriguez New Orleans Chapter Chapter Award of Advertising Booking Questions? Bronze Quill Call (504)619-0131. Award of Merit
4 June / July 2016 EDITOR’S MESSAGE
By Alainna R. Mire Celebrating the LSBA’s 75th Anniversary All Year Long!
his year, we celebrate the 75th Volume 64. So, look for more interviews, that bar exam results would be posted at anniversary of the Louisiana more perspectives, more courthouses and the Court before they were posted online. State Bar Association (LSBA) several glimpses through past issues of All the staff at the law office kept asking and, this month, we welcome the Journal. me if I had results yet, which made me TDarrel J. Papillion as the 76th LSBA As I mentioned in the last Journal, even more nervous — if that was even President. (Read more about Darrel’s the LSBA has experienced significant possible. Next thing I know my cell phone family and practice beginning on page 6.) firsts as an association, including the rang. I was scared to answer it, but I did. This issue of the Journal begins a year- first African-American LSBA president, By this time, I also had an audience in long celebration of the “75th.” Now, we the first female LSBA president and the my office. All I remember next is hearing, don’t have a music video like Red and first African-American female LSBA “Alainna R. Mire, you have passed the Yellow were able to do to celebrate M&Ms president. bar.” The emotions I felt were raw. I was 75th, but we do have this special Journal. As an officer of the LSBA, I am very so ecstatic and overwhelmed that I cried This Journal is the primary project proud to be a part of an organization that and kept crying. Clearly my reaction of the 2015-16 Leadership LSBA continues to adapt to meet the needs of scared one of the partners who asked, Class and opens the door to this special its members. I tell people all the time that “What happened? I thought she passed.” anniversary. The Class members worked the accomplishment I am most proud of That was one of the happiest days I have hard gathering material, conducting is being a lawyer. I remember graduating experienced thus far in my life. interviews and doing research. Because from high school and college without a All attorneys have their own stories of limited space in this Journal, the Class whole lot of excitement. In my mind, and reactions to finding out they will members were selective in their content. those were milestones that I HAD to soon become licensed to practice law But the content is interesting, including accomplish. I was happy when law school in Louisiana. I am proud to continue interviews with a Supreme Court justice, a graduation day approached, although to be a part of the association that all state appellate court judge, a New Orleans I knew graduation day also signified Louisiana attorneys are members of as district judge and a past LSBA president having to study for and pass the bar exam. a mandatory bar association. I am also from the 1970s. There also articles on I was at work the day I found out that I proud to continue my term as secretary historic courthouses in Louisiana and passed the bar exam. I was sitting at my during the 75th anniversary of the LSBA. a technological look ahead to the next desk staring at my cell phone waiting 25 years. Also, don’t miss an interview for it to ring. Needless to say, I did not with Professor A.N. Yiannopoulos and accomplish much that day. Good thing a “perspectives” article from a longtime I wasn’t expected to bill. I was lucky Shreveport attorney. enough (or unlucky if results would have But, good news! The Editorial Board been different) to have a friend go to the has decided to continue the historical Louisiana Supreme Court to view results coverage for the remaining issues of when posted. My classmates and I knew
Louisiana Bar Journal Vol. 64, No. 1 5 Interviewed by Alainna R. Mire, LSBA Secretary
6 June / July 2016 President’s Interview
One on One with Darrel J. Papillion, 76th LSBA President:
Gen-X President to Focus on Plans to Evaluate and Streamline Essential LSBA Resources
Interviewed by Alainna R. Mire, LSBA Secretary
arrel J. Papillion, the 76th president of the Louisiana State Bar Association (LSBA), grew up in the rural St. Landry Parish com- munity of Swords, a tiny country hamlet be- tweenD the small Louisiana towns of Eunice and Opelousas. He attended public schools in Eunice, graduating from Eunice High School in 1986. He studied at three separate Louisiana State University institutions — LSU at Eunice, where he was student body president in 1987; LSU A&M in Baton Rouge, where he graduated in 1990; and LSU Paul M. Hebert Law Center, where he graduated in 1994.
Darrel J. Papillion, second from left, of Baton Rouge is the 76th president of the Louisiana State Bar Association. With him are family members, from left, son Jude, 15; his wife, Shirley; and his daughter Anna Claire, 13. Photo by Heather Bush, with bush-photography in Baton Rouge.
LouisianaLouisiana BarBar JournalJournal Vol.Vol. 64,64, No.No. 11 77 After law school, he worked for a year as a law clerk for Louisiana Supreme Court Justice Catherine D. Kimball before join- ing the New Orleans office of McGlinchey Stafford, P.L.L.C., in 1995. He practiced in McGlinchey’s Products Liability Section until 1999, when he accepted a job as a plaintiff’s lawyer at the Moore, Walters, Thompson firm in Baton Rouge. He would later become a named partner in that firm before leaving with three of his partners to start the firm of Walters, Papillion, Thomas, Cullens, L.L.C., also in Baton Rouge. He has been married to his wife Shirley Papil- lion, a former elementary school teacher, since 1991. Their son Jude is 15, and their daughter Anna Claire is 13. Anyone who knows Darrel well knows he is really busy. He has been known to send very early — as in 3:30 a.m. — emails while juggling a very busy law practice, a growing family, bar activities, community service and volunteer work, and teaching numerous Darrel J. Papillion with his wife Shirley Papillion. Photo by Heather Bush, with bush-photography in CLE courses in addition to teaching a class Baton Rouge. to juniors and seniors for the past 15 years Journal: First, thank you for granting Seriously, I have been married to my lovely at the LSU Law Center. Over the last few the Journal the exclusive “one-on-one” wife Shirley for 25 years. We met on a blind years, he has served as president of the interview. I, personally, enjoy engaging date and were married two years later. I Rotary Club of Baton Rouge, a 500-member in ice-breaker games when meeting new could not be LSBA president, or much Rotary club that is typically ranked as one of people. As the new LSBA president, tell us else, without her undying love and support. the 10 largest clubs in the world; as president something about yourself that most people Shirley earned her college degree and a of the Baton Rouge Bar Association; and do not know. For instance, do you speak a special certification to teach elementary as president of the Wex Malone Chapter foreign language, play a team sport or play school while I was finishing law school of the American Inn of Court. He also has an instrument? and clerking for the Louisiana Supreme served on numerous community boards, Papillion: People might be surprised Court. She taught school for 20 years in including the Louisiana Bar Foundation, to know I learned to speak French as a New Orleans and Baton Rouge and retired Teach for America and the Louisiana Public child at the same time I learned to speak last year so we could both spend more time Broadcasting Foundation. English. I grew up in Acadiana in the little with our two teenage children, son Jude and While he has started working more community of Swords, between Eunice daughter Anna Claire, before they leave conventional hours over the last few years, and Opelousas in St. Landry Parish. My home for college in a few years. Jude and he still packs in a full day before trying to Papillion grandparents lived next door to Anna keep us very busy, and Shirley keeps have dinner with his family every night us, and they could speak only a few words us all in line. and before catching up on whatever Netflix of English. I do not play any musical Growing up, I had great parents. My or cable series he and Shirley are binge- instruments, but I was a radio disc jockey dad was a rural school bus driver and watching at the time. He can typically be in high school and college at radio stations deputy sheriff, and my mother worked seen with a broad smile . . . and his ever- in Eunice and Lafayette, in both French for the local school system. They were present smartphone — texting, emailing, and English. very hardworking people who believed calling and reading the latest news from very strongly in education. I believe their his Twitter feed and several news apps. He Journal: Well, I definitely learned proudest accomplishment was that all three jokes that he is either “the youngest old guy” something new because I have never heard of their children graduated from college. I (he still dictates and relies heavily on two of Swords. Being from Scott, I thought have two sisters, both of whom are married legal assistants) or the “oldest young guy” I knew the names of most Acadiana and have families of their own. My sister (he embraces new technology and wants to communities. Growing up in a small Amanda lives in Baton Rouge and works for stay at the cutting edge of information and community, I am sure that family was very the Attorney General’s Office, and my sister technology in the handling of his cases and important to you. Tell us about your family. Kim lives in San Antonio and works as an law practice). Papillion: I have a beautiful family elementary school assistant principal. My — just look at the cover of the Journal! dad passed away last year, but my mother
8 June / July 2016 lives in Baton Rouge, where my parents retired a little over 10 years ago.
Journal: When did you know you wanted to become a lawyer? Papillion: I was one of those people who “always wanted to be a lawyer.” I remember inviting Jacque Pucheu, a lawyer in Eunice, to speak to my class about his work as a lawyer when I was in middle school, but I probably developed a strong interest in being a lawyer several years earlier. Jimmy Simien, a lawyer in Baton Rouge, married one of my cousins while Jimmy was an Shirley and Darrel Papillion, from left, with Louisiana Supreme Court Chief Justice Bernette Joshua LSU Law student, and I was not quite in Johnson and her daughter Rachael D. Johnson at the 2015 LSBA Annual Meeting. Photo by Matthew high school. Poor Jimmy probably dreaded Hinton Photography. family holiday dinners because I peppered arise out of plant explosions, deaths on the him with questions about law school and river, or serious traffic accidents. I practiced being a lawyer over every holiday meal for several years as a defense lawyer at for years. McGlinchey Stafford in New Orleans, where I did products liability defense work, Journal: I am glad you bombarded so I am often referred products liability and Jimmy with questions about becoming a other complex cases. Most of my work is lawyer. But if you were not a lawyer, what referred to me by the defense bar, judges, would you be doing? other plaintiff lawyers or my former clients. Papillion: That’s not a fair question. I I really enjoy my work. Our firm is able to could only be a lawyer. If I weren’t a lawyer, handle complex and difficult cases, so even I’d have to do a job that is very busy and has though I practice at a relatively small firm lots of interaction with people. I sometimes in a mid-sized city, I occasionally get to secretly think that if I get bored when I retire handle difficult cases against lawyers from from the practice, I’ll get a job as the very some of the best firms in the country, and talkative driver of an airport shuttle bus, my work causes me to travel all over the At the LSBA Annual Meeting in 2009, Darrel Papillion was awarded a certificate of appreciation or be the “So, where are you folks from?” country and sometimes out of the country for his service by Hon. Elizabeth Erny Foote, tour guide at a museum, ball park or historic for depositions and other legal work. I then-LSBA president. Photo by Matthew Hinton site. My dad was like that. He retired from also work with the Perry Dampf Dispute Photography. the sheriff’s department and went back to Solutions Mediation Group as a mediator and have seen the Tigers play all over the work after a couple of years because he and have been appointed as a Special Master country. Aside from that, I enjoy spending missed working. Seriously, if I absolutely in complex litigation. time with my family. My wife and I also couldn’t be a lawyer, at this point in my life, enjoy watching mysteries and thrillers, so I would choose a career in the judiciary or Journal: I was told by a mentor that we often find ourselves “binge watching” in non-profit public service. as lawyers we need to schedule time for some newly discovered series on Netflix or ourselves and our family. With your busy cable, sometimes while drinking a glass of Journal: Well, since you are a lawyer schedule, what do you do to relax and wine after putting our children to bed. My (and a very busy one), tell us about your unwind? family thinks I am a pretty good cook, and practice. Papillion: I often joke that I have “no I enjoy cooking mostly traditional south Papillion: I am a partner at Walters, hobbies,” but this is probably not true. While Louisiana food on the weekends. Papillion, Thomas, Cullens in Baton Rouge, I do not engage in the usual south Louisiana a nine-lawyer plaintiff firm. I am really hobbies of hunting, fishing or golf, I spend Journal: Now you are just making me fortunate to represent a lot of wonderful a lot of time reading, mostly history and hungry. I am sure you learned to cook from people, most of whom have gone through biographies. I recently started reading your parents and grandparents, but what some kind of tragedy. Most of my work historical fiction which I find enjoyable. about learning the practice of law. Who were involves representing people who are I am also a huge LSU football fan — my some of your role models in the practice of badly hurt, or the families of people who wife might say “huge” is an understatement. law and legal profession? have been killed, in accidents. Because I I have missed only a handful of LSU home Papillion: I have been really blessed work in Baton Rouge, where there are so games over the past 25 years, and I usually to have so many mentors and role models. many petrochemical plants, a busy port and go to a couple of away games every season. You’re going to get me in trouble because a busy interstate system, my cases often I have been to almost every SEC stadium I am going to not include one or more
Louisiana Bar Journal Vol. 64, No. 1 9 At the 2016 LSBA Midyear Meeting, Darrel Papillion addressed attendees Darrel Papillion, right, and D. Abboud Thomas participated in the 2010 at the 50-, 60- and 70-Year Member Reception. Photo by Matthew Hinton LSBA House of Delegates meeting at Annual Meeting. Photo by Matthew Photography. Hinton Photography. people who deserve recognition. I have Bernette Joshua Johnson, who is the only Parish. I’ve been blessed with an awesome to start with my parents, especially my justice still on the court from those days. array of mentors, including so many past father. Even though he was not a lawyer, They were very kind and encouraging to presidents of the LSBA (you know who he was someone who people in our tiny me. It was a great first job. you are and that I can’t list all of you). I rural community relied upon for help and My first law firm was McGlinchey wouldn’t be here without their combined advice with the ordinary problems of life. Stafford, and I couldn’t possibly list all efforts and gifts of time and patience. He was an elected member of the St. Landry the lawyers there who were role models Parish Police Jury, a deputy sheriff, and was for me, but I would be negligent if I failed Journal: The first time I met you was active politically, so it was very common to mention Woody Norwood who I am at a Board of Governors meeting about six for people having some kind of problem to still trying, without complete success, to or seven years ago. I became involved in ask him for help and advice. I saw this as emulate. My long-time law partner and bar activities thanks to an appointment by a young person, and I believe it made me dear friend Ed Walters spent years training Karleen Green, a former chair of the Young want to be a lawyer. and teaching me. I can never repay him Lawyers Division. How did you become I owe a debt of gratitude to almost for all he has taught me. I owe him and all involved in bar activities? all the lawyers in Eunice and several in the lawyers I’ve worked with at Walters, Papillion: I was lucky to work for Opelousas who were so helpful to me. I Papillion, Thomas, Cullens and our former firms that encouraged and supported my worked summers in the District Attorney’s firm a great deal. My law partners Abboud participation in the LSBA. My law partner Office in Opelousas under District Attorney Thomas and J. Cullens have been my Ed Walters encouraged me to become Morgan Goudeau, who remains a dear friends since law school, and it is great active years ago. I was elected to the House friend of mine. Assistant District Attorneys to work with them every day. I also owe of Delegates almost 15 years ago, and, not Jack Burson, Don Richard, Richard thanks to a lot to judges, going back over long after that, President Larry Feldman Millspaugh and Earl Taylor, who is now 20 years, all across the state, and especially appointed me chair of the Ethics Advisory serving as district attorney, were my first those on the bench of my local courts Service. I was appointed to the Board of real teachers in this profession. Past LSBA in Baton Rouge. I couldn’t possibly list Governors to fill an unexpired term by President Leslie Schiff was certainly a role them all, but Judges Ralph Tyson, Frank President Guy DeLaup in 2008. I was model. I had great professors at LSU Law Polozola and my friend and neighbor Judge later elected to a full term on the Board of Center. I couldn’t possibly list them all, but Jim Brady, all from the Middle District Governors. I have also served for a number I have to recognize Frank Maraist and Bill bench, have been great role models in all of years as one of the chairs of the CLE Corbett. Once I became a lawyer, I had kinds of ways. I met Judge Carl Stewart Committee and the Annual Meeting and an incredible mentor in Justice Catherine when I was a law student, and he has been Summer School Committee, and I have Kimball, for whom I clerked over 20 a friend and role model my entire career. been on the Nominating Committee a years ago. She taught me a tremendous Judge Beth Foote, a past LSBA president, few times. I can also thank all the Baton amount. I owe a great deal of thanks to is a dear friend of mine who gives me kind Rouge LSBA President “Mikes” (Rubin, all the Justices at the Louisiana Supreme and patient advice. Judge Gene Thibodeaux McKay and Patterson) who encouraged Court from that era, including Chief Justice and I are from the same area of St. Landry and supported my LSBA involvement, as
1010 JuneJune // JulyJuly 20162016 Anna Claire, Shirley, Jude and Darrel Papillion Justice John L. Weimer, left, and Darrel Papillion spoke at the Supreme Court reception during the 2014 at the Beach Bash during the 2014 LSBA Annual LSBA Annual Meeting. Photo by Matthew Hinton Photography. Meeting. Photo by Matthew Hinton Photography.
did so many other past presidents. I also for lawyers have, in many ways, must be accountable, responsive and served for 10 years on the board of directors dramatically improved over the past 20, highly relevant to its core constituents of the Baton Rouge Bar Association and and certainly 75, years. Many more women which, of course, include the public, its was president of the Baton Rouge Bar and minorities have been elected and 22,000-plus members, the Louisiana Association in 2014. appointed to the judiciary and have risen Supreme Court, Louisiana’s law schools, to leadership positions in law firms and local bar associations, and the numerous Journal: The LSBA is celebrating in the legal profession. Today, men and affiliated entities that help serve the public its 75th anniversary this year. Although women are entering the legal profession and administer justice. The LSBA is an neither one of us has been practicing that in almost equal numbers, so opportunity important arm of the Louisiana Supreme long, how has the practice changed since has certainly increased over the past 75 Court in the regulation of the practice of you were first sworn in as a new lawyer? years for people who once had very little law. The public is best served when legal Has it changed for the better? opportunity. services are performed by providers who Papillion: We often hear the practice are properly educated and trained, carefully was once more civil or cordial. Honestly, in Journal: I agree that opportunities regulated and licensed, receive appropriate my experience, with only a few exceptions, have increased because I never thought continuing legal education, and who adhere I find lawyers to be as cordial today as when as a young lawyer I would be an officer to the Rules of Professional Conduct and I started practicing. I believe “we get what of the LSBA. As the next Generation X traditional standards of professionalism. we give.” In other words, cordiality and president, this is going to be a big year The LSBA is critical to this important goal, professionalism typically beget the same for you. What are your objectives for your and my goal is to work to keep the LSBA from our opponents. I believe the practice year as president? focused on this and to help provide equal is more difficult today than it was 20 years Papillion: I believe every LSBA access to justice for all the citizens of our ago because there is more competition president approaches the job differently, state. I believe that’s enough to keep me, across all practice areas for legal work, but we should all remember it is a the LSBA board and the bar staff busy and many lawyers are having a hard time temporary job, and the year goes by over the next year. building, growing or maintaining their very quickly. Next June, there will be a practices. This pressure forces lawyers to new president. Some presidents launch a Alainna R. Mire is serving accept legal work they are not properly bold new agenda and create several new her second year as secretary of the Louisiana trained or equipped to handle. Years ago, programs. While this is very good, if each State Bar Association and lawyers were more likely to refer work new president were to launch several new as editor of the Louisiana outside of their practice areas or skill level initiatives each year, we would also need a Bar Journal. She also has to lawyers who might be better able to larger budget and more staff every year. My served as LSBA Young Lawyers Division chair handle the work. Meanwhile, many clients objective is to spend my year as president and on the LSBA’s Board have a hard time finding a lawyer who working to streamline our operations, of Governors as House can solve their problems, making access evaluate our programs, and prudently of Delegates Liaison to justice a bigger issue for some than it manage our resources in a way that will Committee chair. She is the chief resilience officer and an assistant attorney was 20 years ago. allow us to effectively fulfill our mission for the City of Alexandria. (alainna.mire@cityofalx. On another level, I believe opportunities as a mandatory bar association. The LSBA com; 915 3rd St., Alexandria, LA 71301)
Louisiana Bar Journal Vol. 64, No. 1 11 2015-16 Leadership LSBA Class Celebrates LSBA’s 75th Anniversary with Special Louisiana Bar Journal
he motto of the Louisiana State Bar the reflections of distinguished colleagues, including Association (LSBA) is “Serving the Public. scholars, judges and one justice, who have seen firsthand Serving the Profession.” That tradition the evolution of the law, the Bar and the profession. The of service manifests itself in many ways, Class also authored forward-looking articles exploring Tincluding in this Louisiana Bar Journal, which is what emerging issues in the profession. In these, we see our makes this 75th anniversary issue so special. Its stories own future in the profession and innovations in which and interviews reflect three-quarters of a century of we might participate. service to a profession whose business is serving the To seasoned, new and future members of the Bar, we public. hope this issue of the Louisiana Bar Journal provides The Leadership LSBA Class is a group of young you an opportunity to celebrate your own contributions lawyers who commit to participate in committees of to the LSBA and to encourage you to get involved the LSBA, both during the current year and the next, in the leadership that this evolving profession will and to organize an original project in the service of the require. Now you may start your own tradition community or of the LSBA. This year, to commemorate of service by “Serving the Public” and “Serving the 75th anniversary of the LSBA, the Leadership Class the Profession.” presents this special edition of the Louisiana Bar Journal — a look back as we, the Bar, continue to move forward. —Micah J. Fincher and Who better to tell that story than our next generation of Lynette Roberson LSBA leadership? Co-Chairs, 2015-16 Leadership The Class’s tribute to the history of the LSBA offers LSBA Class
LSBA: Historical Timeline By Tara R. Jones and Jacqueline M. Epstein
1847: Creation of New Orleans Law Aug. 21, 1878: Creation of the American March 12, 1941: The Louisiana State Bar Association, which begins working with Bar Association, which begins recruiting Association, in the mandatory form which the Louisiana Supreme Court to screen local affiliate bar associations.3 continues to exist today, was organized under admittees and offer a court-administered the rule-making power of the Louisiana exam.1 1899: Creation of the Louisiana Bar Supreme Court of Louisiana.6 Association, whereby federal and state 1855: Incorporation of the New Orleans judges obtained automatic membership in April 18-19, 1941: First Annual Meeting Law Association. the Association and anyone in good standing held in Lake Charles, whereby the Board of was eligible to become a member.4 Governors created the Junior Bar Section, 1862: New Orleans Law Association ceases voluntary membership in which was open meetings due to the federal occupation of 1929: Creation of the Louisiana State Bar to members under 36 years of age.7 the city during the Civil War.2 Association (voluntary).5
12 June / July 2016 Leadership LSBA 2015-2016 Class
Micah J. Fincher Lynette Roberson Shayna Lynn Beevers Simone B. Boustead L. Sean Corcoran Mark R. Deethardt Co-Chair Co-Chair Morvant New Orleans Lake Charles New Orleans New Orleans Baton Rouge Gretna
Jacqueline M. Epstein Jamie Polozola Gomez Cassandra R. Hewlings Tara R. Jones Tracy O. Joseph Pete (P.J.) Kee, Sr. New Orleans Hammond New Orleans Shreveport New Orleans New Orleans
Richard D. Lamb III Lisha C. Landry Amani C. Perkins Lindsay E. Reeves Kimberly R. Silas David M. Stein Shreveport Baton Rouge Alexandria New Orleans New Orleans New Orleans
July 1941: The newly appointed Committee 1991 (and Judges and Lawyers Assistance 3. Id. on Bar Admissions held its first bar Program in 2015). 4. Id. 8 5. Id. examination. 6. Martindale Hubbell, retrieved 2012-09-04. 1990: The Louisiana Supreme Court by 7. Dan Debaillon, “Association Activities,” 1942: Enactment of the Louisiana Court rule created the Disciplinary Board Louisiana Bar Journal, Vol. 1, No. 1 (January 1942), Criminal Code.9 of the Louisiana State Bar Association and p 3. 8. Id. the Office of Disciplinary Counsel of the 9. J. Denson Smith “A comment on the Work 1957: The Articles of Incorporation were Louisiana State Bar Association, separate of the Louisiana State Law Institute Including the amended to allow for the creation of the arms of the court responsible for attorney Project of a Criminal Code,” Louisiana Bar Journal, House of Delegates, which serves as the discipline. Vol. 1, No. 2 (April 1942), p 5. policy-making body of the Association. Tara R. Jones is an associate in the Shreveport office of FOOTNOTES Bradley Murchison Kelly & Shea, L.L.C. Jacqueline M. 1985: Creation of the Louisiana State Epstein is an attorney in the Epstein Law Firm, L.L.C., Bar Association Committee on Alcohol 1. Warren M. Billings, “A Bar for Louisiana: in New Orleans. Both are members of the 2015-16 Leadership LSBA Class. ([email protected]; and Drug Abuse to provide confidential Origins of the Louisiana State Bar Association,” Louisiana History: The Journal of the Louisiana Ste. 1000, 401 Edwards St., Shreveport, LA 71101) assistance to members. This was later named Historical Association, Vol. 41, No. 4 (Autumn, ([email protected]; Ste. 2450, 1010 the Lawyers Assistance Program program in 2000), pp. 389-401. Common St., New Orleans, La 70112) 2. Id.
Louisiana Bar Journal Vol. 64, No. 1 13 Reflections on the Louisiana Legal Profession: Where We Have Been and Where We Are Headed Reflections on the Louisiana Legal Profession: Where We Have Been and Where We Are Headed o commemorate the 75th anniversary of the Louisi- State Bar Association. ana State Bar Association, the 2015-16 Leadership In these interviews, Justice Knoll, Judge Thibodeaux, Judge LSBA Class conducted a series of interviews with Reese and Mr. Wright bring their breadth of experience and distinguished Louisiana jurists and practitioners re- unique and diverse perspectives to reflect on how the profes- Tgarding the history and future of the Louisiana legal profession. sion has changed over time, how technology has impacted the Class members had the pleasure of interviewing Justice practice of law in Louisiana courts, the biggest challenges fac- Jeannette Theriot Knoll, associate justice of the Louisiana ing the profession and the Louisiana judiciary, and, ultimately, Supreme Court; Judge Ulysses Gene Thibodeaux, chief judge what the future holds for the profession. of the Louisiana 3rd Circuit Court of Appeal; Judge Kern A. We hope these interviews serve as a snapshot of where our Reese, chief judge of Orleans Parish Civil District Court; and profession has been and where it is headed — a bright future Bob F. Wright, the oldest living past president of the Louisiana by all accounts.
Interview: Louisiana Supreme Court Associate Justice Jeanette Theriot Knoll
Interviewed by Mark R. Deethardt Journal: Tell us a little bit about your Journal: How have you seen diversity a specific written request to be included. career as an attorney, a judge on the 3rd improve in the Louisiana judiciary since you It’s amazing how far we’ve come! Circuit Court of Appeal and now as a Justice began serving on the bench? on the Louisiana Supreme Court? Knoll: I have witnessed it, and I am Journal: How have you seen technol- Knoll: I was an attorney for 13 years part of it. When I was elected in 1982, ogy change the practice of law in Louisiana before I was elected as the first woman to there were approximately 48 all white appellate courts and the Louisiana Supreme serve on a reviewing bench in the state. I just male judges on the Louisiana Courts of Court over the last 35 years? remember being extremely busy trying to Appeal and seven all white male Justices Knoll: Technology has significantly meet the demands of my career at all levels impacted the processes that we use now. while raising five active boys. I served the on the Louisiana Supreme Court. When I was elected, I was the first female elected Eventually, the Supreme Court will become 3rd Circuit for 14 years, and I have now paperless just as the federal courts are now. to the Court of Appeal. There were only been on the Louisiana Supreme Court going Most attorneys conduct legal research almost on 20 years. a handful of female judges at the District exclusively using a computer. The older Court level in 1982. Judge Joan Bernard members of the bench and bar find this new Journal: Since you began serving on Armstrong was the first African-American technology rather difficult as we were not the bench as a circuit judge in 1982, what woman elected to the 4th Circuit Court trained in how to use it and we were not is the biggest, or most dramatic, change you of Appeal in 1984. Former Chief Justice exposed to it until very recently. have seen in the practice of law in Louisiana Catherine D. (Kitty) Kimball (who was appellate courts? the first woman elected to the Louisiana Journal: Do you think technology has Knoll: At the Court of Appeal level, Supreme Court), Chief Justice Bernette improved the practice overall, or do you see the appellate process hasn’t changed all Joshua Johnson (who was the first African- any downsides to the use of technology in that much from what I have observed. In American to serve as Chief Justice) and I Louisiana appellate courts? recent years on the Supreme Court, we used to call ourselves “the icebreakers.” Knoll: I am sure that technology has have begun disposing of writ applications been a great cost-saving and time-saving It is so delightful to see how diversity has by per curiam much more frequently rather measure, with much less paper being used progressed in our state. Prior to the 1974 than by authored opinion. Consequently, and much less storage space for books and Louisiana Constitution, women were not we have many fewer cases docketed for with communication conducted practically among the jury pool unless they submitted oral argument. instantaneously. Having said that, since I am
14 June / July 2016 Reflections on the Louisiana Legal Profession: Where We Have Been and Where We Are Headed from the “old school,” I still prefer my pen and pad and a book in my hand!
Journal: What is the biggest chal- lenge (or challenges) facing the Louisiana judiciary? Knoll: Presently, the budget is a major challenge for the courts, especially with respect to paying for criminal indigent de- fense. As to civil representation for the poor, Louisiana is one of, I believe, three states that do not provide funding to help them. Civil legal aid for the poor comes primarily through pro bono work, and some federal grants that keep decreasing. Hopefully, this situation will improve as the Legislature Associate Justice Jeannette Theriot Knoll works to get our state’s fiscal house in order. to present to me. I first gave that pen to the as a jurist. Journal: What are some challenges Louisiana Political Hall of Fame when I you see facing the Louisiana Bar now and Journal: Do you have any advice for in the future? was inducted in 2000. I then donated the young lawyers who are just beginning their Knoll: As a Justice on the Louisiana Su- pen and plaque to the Louisiana Justice Hall of Fame when I was inducted, along careers and entering the Louisiana Bar? preme Court, I have noticed an appreciable Knoll: Maintain the highest standards increase in the number of attorney disciplin- with my entire family, in 2007. As a jurist, one of the most incredible of professionalism and ethics. Be kind and ary matters over which the Supreme Court courteous to your adversaries. Treat all has exclusive and original jurisdiction. In feelings you experience is when an opinion you authored “makes a difference” and has courts with respect. Always be honest and my view, the legal market is flooded, and do nothing that would impugn your integrity finding employment is very challenging for an effect on the practice of law. I remember authoring an opinion when I was on the 3rd and good reputation. Work hard for your new lawyers. As a result, many strike out client, and always do your homework. on their own without having the benefit of Circuit called Hayes v. Autin in which we acknowledged that then-recent amendments guidance which would come from more Journal: As we are celebrating the 75th experienced members of a law firm. This is to La. C.C.P. art. 966 removed the juris- prudential presumption in favor of trial on anniversary of the LSBA, do you have any why the Louisiana State Bar Association’s bold predictions for where the Louisiana the merits and against summary judgment. (LSBA) efforts to develop a meaningful Bar is headed in the future? The Legislature was so impressed with the mentoring program are so important and Knoll: I think technology will continue opinion that, in a subsequent amendment would probably reduce the incidents of to have a major and increasing impact on clarifying art. 966, the Legislature included sanctionable conduct. the practice. It will be very exciting to watch in its comments that “all cases inconsistent the practice change from the sidelines! with Hayes v. Autin” were legislatively Journal: Are there any moments or cases I hope that our profession continues to overruled. That was a good feeling. — either on the 3rd Circuit or Louisiana Su- promote diversity of all kinds, including I realize that all of my opinions have preme Court — that you are most proud of, intellectual diversity. I hope that the LSBA an effect on the litigants before us in that a or that are particularly memorable for you? will get involved in developing programs legal dispute is resolved, and certainly that Knoll: Actually, the most memorable to provide legal representation to the poor. is very rewarding. moment of my career came before I was I also hope the Bar continues to encourage elected to the bench. State v. Silton James more experienced lawyers to participate in Journal: What do you enjoy most was a case I tried as an indigent defense mentoring new lawyers. attorney shortly after law school. Mr. James about serving Louisiana as a Justice on the was an African-American man charged with Supreme Court? Mark R. Deethardt is an the aggravated rape of a white woman, and Knoll: I have thoroughly enjoyed par- associate in the New Or- ticipating in the development of Louisiana leans office of McGlinchey he was facing the electric chair. He was Stafford, P.L.L.C., and truly innocent. I am very proud that I suc- jurisprudence. This is a very demanding a member of the 2015- cessfully defended him and saved his life. job that requires tremendous dedication and 16 Leadership LSBA many hours of research. I am very proud Class. (mdeethardt@mc- Shortly after the trial was over, the jury had glinchey.com; 601 Poy- the pen with which they signed the “not that the people of this state gave me their dras St., 12th Flr., New guilty” verdict mounted on a wood plaque trust in four elections over 34 years. It has Orleans, LA 70130) been my privilege and honor to serve them
Louisiana Bar Journal Vol. 64, No. 1 15 Reflections on the Louisiana Legal Profession: Where We Have Been and Where We Are Headed Interview: Louisiana 3rd Circuit Court of Appeal Chief Judge Ulysses Gene Thibodeaux
Interviewed by L. Sean Corcoran Journal: Tell us a little bit about your career. Thibodeaux: After graduating from Tulane Law School in 1975, I began my legal career with the Legal Defense Fund in New York City as an intern/attorney. The Legal Defense Fund is one of the nation’s preeminent public interest law firms and has participated in every major civil rights case and constitutional law case over the past 75 years or so. I focused primarily on fair employment, housing, school desegregation and capital punishment issues. I assisted in briefing the Roberts v. Louisiana brief to the United States Supreme Court while with the Legal Defense Fund. I returned to Lake Charles and began a two-and-a-half- year stint with the Calcasieu Parish District Attorney’s Office under the leadership of Frank Salter. While there, I tried both misdemeanor and felony jury cases. I went into full-time private practice with Newman & Thibodeaux in 1980-92. My practice consisted of 40 percent personal injury, 40 Chief Judge Ulysses Gene Thibodeaux percent criminal defense and 20 percent civil rights litigation. Thibodeaux: The most dramatic change dramatic increase in both numerical and I was appointed by the Louisiana Su- in the practice of law in Louisiana appellate philosophical diversity since I began my preme Court to fill a one-year vacancy on courts has been the expanded use of technol- legal career. When I started my legal ca- the Lake Charles City Court in 1994 where ogy. This expanded use has facilitated ease reer in 1975, Louisiana’s judiciary and the I gained invaluable judicial experience in of research and has enhanced the quality of Louisiana bar could be characterized as “too dealing with everyday legal problems of the presentation before appellate court panels. male and too pale.” For example, there were average citizen. I had no plans to become a Our system of document management at only six black judges in the entire state of judge. However, when an opening on the 3rd the appellate court enables attorneys to Louisiana in 1988. Four of those judges were Circuit became available in 1992, I decided get voluminous records on disks at a very in Orleans Parish; only two were not. Today, to seek that office and ran unopposed. I have nominal charge as opposed to dealing with there are 82 black elected jurists in Louisiana. been there since 1992. I am now chief judge tons of paperwork. We also have seen the That number represents the highest number of that court. It is the largest appellate court use of hyper-linked briefs which greatly of minority judges on a proportionate basis in Louisiana from a geographic standpoint, assist the court in accessing documents, than any other state in the country, and covering 21 parishes in southwest and cases and codal authority relied upon by we should be proud of that. We now have central Louisiana. It has a population base the attorneys, deposition excerpts, and even 11 black judges on our five intermediate of approximately 1.1 million citizens. The video presentations via a brief. courts of appeal in Louisiana. That is more 3rd Circuit is, of course, domiciled in Lake in absolute numbers than the states of New Charles where I live. Journal: How have you seen diversity York, Texas, Florida and California. Those improve in the judiciary and the practice of states, of course, have demonstrably larger Journal: What are the most dramatic law in general? populations than the state of Louisiana. changes you have seen in the practice of Thibodeaux: Louisiana has seen a There were only three black attorneys in law in Louisiana appellate courts?
16 June / July 2016 Reflections on the Louisiana Legal Profession: Where We Have Been and Where We Are Headed Lake Charles in 1976. There are now at least gives legitimacy to the system in the eyes of at oral argument can prove to be dis- 25 or 30 practicing in Lake Charles. The those who have been previously marginal- tracting. After all, attorneys have only Louisiana State Bar Association (LSBA) ized. Further, the presence of an otherwise 20 minutes to make their presentations. has had two black presidents, Wayne Lee previously-excluded group brings a different The overuse of technology tends to distract and Kim Boyle. A third, Darrel Papillion, perspective to how a case is viewed. It may judges from giving full attention to the oral will be installed this June. not always be outcome determinative. The presentation. Also, the overuse of technol- Moreover, Louisiana has seen a dramatic point is that it brings a different perspective ogy, e.g., in the use of videoconferencing, increase in gender representation in both the and different viewpoints to the resolution of tends to distract from collegiality, which is judiciary and the bar. Justice Jeannette The- legal issues, and that is important. Finally, the fountainhead of every appellate court. riot Knoll was the only woman on the 3rd the administration of our system is due in It is important to have that personal contact Circuit Court of Appeal when I first became large part to the implementation of policies with your colleagues to better understand the a judge. We now have three female judges. by committees, boards and commissions. positions which they espouse in formulating Our court pretty much is a microcosm of Minorities and women form an essential part a judgment or an opinion in the resolution other appellate courts throughout the state. of those committees, boards and commis- of legal issues. Quite simply, it is important The presence of female attorneys is also dem- sions. We add voices that have previously to know one’s colleagues personally and to onstrated at the major law firms throughout not been present. appreciate what makes them “tick.” the state of Louisiana. So, in terms of diversity, Louisiana has Journal: Do you think technology has Journal: What is the biggest challenge a lot to be proud of. That is very healthy for improved the practice overall in Louisiana or challenges facing the Louisiana judiciary? our state and our Bar Association. Why? appellate courts and are there downsides? Thibodeaux: There are several chal- The increase in visibility has inspired a Thibodeaux: Yes, technology has lenges currently facing the Louisiana judi- search for role models among minority definitely improved the practice overall in ciary. (1) The influence of money in judicial and female youth. The enlarged visibility Louisiana appellate courts. (See my previous elections has become particularly egregious of black attorneys and judges and female response to the changes brought by technol- after the United States opinion in Citizens. attorneys and judges adds to the appear- ogy above). There are two downsides, how- ance of fairness in our judicial system. It ever. Sometimes the overuse of technology Continued next page
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Former Judge Al Gray, about serving as a chief judge of the 3rd Cir- The quality and the representation on our now deceased, and I defended Joe Lewis cuit Court of Appeal? courts will become a matter of who can raise Perry and were able to get his death sentence Thibodeaux: The most enjoyable thing and spend the most money in influencing overturned because of ineffective assistance about serving as the chief judge of the 3rd our electorate. (2) The lack of appropri- of counsel. Joe Perry was scheduled to die Circuit is being able to establish and retain ate budgetary allocation to the Louisiana two days before we undertook his repre- collegiality among 12 prima donnas. An- judiciary threatens judicial independence sentation. I also participated in Fisher v. other very satisfying aspect of my job is to and the proper and efficient functioning of City Service when I was an intern with the recruit and maintain a happy and productive our courts. (3) The alarming decrease in Legal Defense Fund in New York City and employee workforce. Finally, I am very judge and jury trials means that judges will upon my return to Lake Charles. At the time, proud that the 3rd Circuit is seen as very be coming to the bench with very little trial Fisher was the largest Title VII settlement in attorney-friendly and public-friendly around experience. The practical impact is that there this country. I was happy to have negotiated the state. Image is very important, and we is a likelihood of having judges with little the consent decree in that case. Bernard v. at the 3rd Circuit always attempt to project or no actual in-court experience and who Gulf Oil was the first case I ever filed as a the most positive image possible to the may tend to view the law in a vacuum and lawyer after law school. That case went to constituency we serve and that is the public. in a very abstract sense. Effective judicial the United States Supreme Court and was decision-making is greatly enhanced, I be- argued in 1981 on a First Amendment issue. Journal: Any advice for young lawyers? lieve, through actual participation in trials We succeeded. The United States Supreme Thibodeaux: Do not attempt to go into and the application of life experiences in Court ruled unanimously in favor of our solo practice after law school. You will make reaching a fair judicial outcome. class action clients. mistakes that you don’t even know are mis- Another extremely significant case is takes. Align yourself with good practitioners Journal: What are the biggest chal- Clark v. Edwards, a class action civil rights who will be able to mentor and tutor you. Be lenges facing the Louisiana Bar now and case which was argued before the United prepared always. Do not overextend yourself in the future? States Supreme Court. Clark challenged by taking cases or causes you should not Thibodeaux: (1) Public cynicism about the method by which Louisiana judges were be taking and for which you could get no the legal profession and the judicial system elected as violative of Sections 2 and 5 of good result. If one has a judicial career in as a threat. The public needs to see the law as the 1965 Voting Rights Act. Judge Parker mind, save money early, be visible in the something that is vibrant and helpful and not of the Middle District of Louisiana ruled community, participate and contribute to something that is threatening. It is incumbent in favor of the plaintiffs. Consequently, the your local community, and develop your upon lawyers and judges to restore confi- Legislature enacted subdistricts in 1992 and political networks early. dence in the vitality of our law. We have not that has resulted in the increased diversity done enough to promote the good deeds and of Louisiana’s judiciary. Journal: Do you have any bold predic- the altruistic programs of our bar associations I also sat by appointment on the Louisiana tions for where the Louisiana Bar is headed throughout the state. (2) Lawyer advertising Supreme Court and participated in In re: in the future? threatens to portray the legal community as Office of Chief Justice, Louisiana Supreme Thibodeaux: Our profession, I believe, strictly a business and not a profession. It also Court, 12-1342 (La. 10/16/12), 101 So.3d 9 is in very good shape. We have young, bright threatens the existence of small firms that (per curiam), which resulted in Chief Justice attorneys who are graduating from law cannot afford sometimes expensive advertis- Bernette Joshua Johnson becoming the first school and Bar Association leaders who are ing campaigns. (3) Access to the courts may black person to serve as chief justice of the very progressive thinkers and who believe in become a major issue, particularly for those Louisiana Supreme Court in 2012. what Shonda Rhimes calls “normalcy.” That groups with language barriers. We must be From a judicial standpoint, I am espe- is just another name for inclusion. I further sensitive to and cognizant of those needs. cially proud of Maxie v. Brown Industries, predict that the LSBA is prepared to deal with Inc., 95-19 (La. App. 3 Cir. 5/31/95), 657 the threats to and advantages of technology Journal: Are there moments or cases So.2d 443, writ denied, 95-1630 (La. and social media and the need to cultivate that you are most proud of and particularly 10/6/95), 661 So.2d 469. Maxie was a case good trial skills among our young lawyers. memorable for you? which helped to expose the practice of sham Thibodeaux: There are several cases rehabilitation in the workers’ compensation L. Sean Corcoran is an from a lawyer and judicial perspective. I arena. Another case is Rachel v. Brouillette, attorney with Corcoran Law Firm, L.L.C., in Lake represented Emerick Sonnier in a capital case 12-794 (La. App. 3 Cir. 3/13/13), 111 So.3d Charles and a member of where the first police officer in the history of 1137, writ denied, 13-690 (La. 5/3/13), 113 the 2015-16 Leadership Calcasieu Parish was killed. Mr. Sonnier, a So.3d 217, which established a threshold LSBA Class. (sean@sean- black citizen, was exonerated by an all-white amount for the wrongful death of a parent. corcoranlaw.com; 4216 Lake St., Lake Charles, jury in Calcasieu Parish. Mr. Sonnier was LA 70605)
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Interviewed by Simone B. Boustead
Journal: Tell us a little about your legal background and career. Reese: I graduated from Loyola University Law School in 1977. After passing the bar, I started working at the New Orleans Legal Assistance Corp. for $10,000 a year. After that, I worked at Murray, Murray, Ellis and Braden, Landry. The firm dissolved and I started my own firm with Hank Braden (Braden and Reese). After the firm closed in 1985, I became a sole practitioner for 16 years. I worked in a variety of legal areas — tort litigation, family law, municipal law, general business law and criminal law. I was an “Old Country” lawyer. I eventually focused strictly on tort litigation and criminal law because that was what I did the best. In May 2001, I was elected judge of Division “L” at Orleans Parish Civil District Court and, in September 2004, I moved to the general docket where I saw it all. I did make it a point to leave work at work and not bring it home.
Journal: Since you began serving on the bench in 2001, what is the biggest or most dramatic change you have seen in Chief Judge Kern A. Reese the practice of law? Reese: The biggest change I have seen example, laws that impose mandatory jail is technology. No one uses books anymore Journal: Do you think technology has time. It prevents judges from having any and everything is on a computer. While improved the practice overall, or do you flexibility. As a consequence, Louisiana it is faster and more time is saved, it has see any downsides to the use of technology incarcerates more people than anywhere been an adjustment to get used to. in Louisiana courts? else in the world. Louisiana spends a Reese: Yes, it has improved the substantial amount of money on jail and Journal: How have you seen diversity practice overall, but it depersonalizes we still have a major crime problem. improve in the Louisiana judiciary since the issues. Attorneys can write an email These laws take away all of the judge’s you began serving on the bench? instead of speaking in person. Attorneys discretion. Each case has a different set Reese: Louisiana is quite unique in can hide behind the computer and be of facts and we must remember that when this regard because of Clark v. Edwards, more hostile. actions of the judiciary are limited. We which set up judicial subdistricts. Because have a system of checks and balances of this, Louisiana has more minority Journal: What is the biggest challenge for a reason. judges per capita than any other state. or biggest challenges facing the Louisiana The subdistricts carved out minority judiciary? Journal: What are some challenges districts which gave minority judges a Reese: Attacks on the independence of you see facing the Louisiana Bar now better opportunity to be elected. the judiciary are the biggest challenge. For and in the future?
2020 JuneJune // JulyJuly 20162016 Reflections on the Louisiana Legal Profession: Where We Have Been and Where We Are Headed
Reese: There needs to be more civility. Journal: Do you have any advice for A little lagniappe . . . I have increasingly had to moderate young lawyers who are just beginning As an aside, Judge Reese said that he personal animus between attorneys. It has their careers and are entering the enjoys hearing attorneys advocate for become more of a problem. There also Louisiana Bar? their clients and encourages them to think needs to be better training for the judiciary. Reese: Yes, a few things. 1) clearly, write clearly and speak clearly. Education is a lifetime process. 2) If an attorney can accomplish that, he or Journal: Are there any moments or Acquire experience and appreciate she has a better opportunity to prevail. cases that you are most proud of, or that it. It will help in practice. 3) Time In addition, Judge Reese loves being a are particularly memorable for you? management. Make the best use of it and lawyer. He stumbled into the profession Reese: Yes, I presided over the suit be able to balance home and work life. and it was one of the best trips he ever involving the City of New Orleans and 4) Develop a good network with strong made. New Orleans firefighters. It was a 35-year- positive people who will help you and old case. I would like to think I had some vice versa. 5) Guard your reputation. Simone B. Boustead is an small part of it. How you are perceived will determine attorney with Iberia Bank in New Orleans and is a your own success. member of the 2015-16 Journal: What do you enjoy most The incoming generation is bold and Leadership LSBA Class. about serving Louisiana as a judge? not saddled with issues I had to work (simone.boustead@ Reese: I enjoy the ability to make a through. They have more diversity and iberiabank.com; Ste. 2075, 601 Poydras St., difference in someone’s life, bring justice institutionalized racism is not as overt. New Orleans, LA 70130) and resolve legal issues.
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LouisianaLouisiana BarBar JournalJournal Vol.Vol. 64,64, No.No. 11 2121 Reflections on the Louisiana Legal Profession: Where We Have Been and Where We Are Headed Interview: Bob F. Wright, 1978-79 LSBA President Interviewed by Jamie Polozola Gomez Journal: Can you tell us a little bit about tice of law in Louisiana during your career? your career as an attorney, what areas do Wright: I believe the most dramatic you practice in, how many years have you change I’ve seen in the practice of law in practiced, and why did you decide to go to Louisiana, or anywhere for that matter, has law school? been the evolvement of electronics and Wright: I was one of 10 children being computerization of virtually the entire prac- raised by my mother after my father’s death. tice. Technology has dramatically changed This was during the depression years, and, the practice of law, particularly regarding while I had two older brothers who had discovery, trial preparation and trial pre- become lawyers, I did not know if I would sentation. We have evolved into “paperless” be able to further my education without offices. It has become necessary for lawyers financial assistance. Fortunately, I was to become literate in the use of technology in able to obtain an athletic scholarship and I solving the court requisites of the profession. attended Centenary College in Shreveport. The rapid expansion of artificial intelligence I graduated from Centenary in 1954. I was will dramatically change the role of “legal then granted a full scholastic scholarship to advice” as we think of it today. Tulane University Law School. Bob F. Wright Upon graduation in 1957, instead of In approximately 1980, our firm expanded Journal: Are there any moments or cases remaining in New Orleans with one of the to include commercial litigation, including in your career that you are most proud of, large firms, I was introduced to Mr. James anti-trust, unfair trade and toxic tort. or that are particularly memorable for you? Domengeaux, who offered me a job for $50 Wright: The most rewarding aspect of per month more than the going salary for a Journal: Can you tell us a little about my career has been dealing with people new lawyer in New Orleans. why you decided to become involved in the and trying to assist those who have need Louisiana State Bar Association (LSBA)? for an advocate in the legal process. It is my Journal: What is the biggest, or most When did you hold your first office with belief that young lawyers should be willing dramatic, change you have seen in the prac- the LSBA? What year were you president? to devote the necessary time and energy to tice of law in Louisiana during your career? Wright: I became involved in the LSBA those who have problems which require the Wright: A great change came about in upon graduation from law school in 1957 legal process, and not to over-emphasize the the future of Louisiana when the United and was honored to be elected president of need for making money, but rather serve the States Supreme Court made the Jones Act the Louisiana Trial Lawyers Association and, public with their legal needs. applicable to injured offshore workers. thereafter, the president of the LSBA in 1978. Theretofore, those individuals received only Journal: As we are celebrating the 75th workers’ compensation benefits if injured or Journal: While you were president, what anniversary of the LSBA, do you have any killed. Accordingly, the maritime practice was the biggest issue facing the LSBA? bold predictions for where the Louisiana Bar exploded in southwest Louisiana. Because Wright: The biggest issue facing our is headed over the next 75 years? Mr. Domengeaux had been a member of profession during my tenure as president Wright: I see the litigation process Congress and was very well known in the of the LSBA was lawyer advertising, becoming more and more secondary to Lafayette area, this opened the door for my which was approved by the United States mediation and arbitration in the resolution engaging in this new field of litigation. The Supreme Court and became an issue as of legal issues. number of lawyers in the Lafayette area to how to handle such advertising in the Jamie Polozola Gomez dramatically increased over the ensuing state of Louisiana. During this time, I was is an attorney in the firm years, and I was fortunate enough to benefit a frequent speaker at legal seminars and of Cashe Coudrain & from the litigation that ensued. panels throughout the United States on the Sandage in Hammond and Historically, Domengeaux & Wright subject of civil litigation, maritime law and a member of the 2015-16 Leadership LSBA Class. (now Domengeaux, Wright, Roy, Edwards professional ethics. ([email protected]; & Colomb, L.L.C.) has concentrated its P.O. Drawer 1509, Ham- practice in the area of tort litigation involving Journal: What is the biggest, or most mond, LA 70404) personal injury, death and property damage. dramatic, change you have seen in the prac-
2222 JuneJune / /July July 2016 2016 It’s Time to Book a Listing in One price gets ‘Who’s Who in ADR 2016’ you in the print directory and The print version of the directory for arbitrators and mediators will be mailed with the on the Web! October/November 2016 Louisiana Bar Journal. View the 2015 For the one low price of $125, your listing is first published in the print directory, directory at then the directory is uploaded to the LSBA website in interactive PDF format (email addresses and website URLs are activated and instantly accessible). www.lsba.org/goto/ The Web version of the directory remains active for one full year! adrdirectory
The special Arbitrators and Mediators Directory will feature brief articles and photographs of arbitrators and mediators (INDIVIDUALS ONLY). The articles should be 150 words MAXIMUM. Provide your address, phone, fax, email address and website information at the end of the listing (not part of the word count). Submit either original photos or digital photos. Digital photos should be submitted separately from the article, in either .tif, .jpg or .eps format (the order of preference). DO NOT submit digital photographs embedded in word processing pro- grams; send the photograph as a separate file. High-resolution digital photos work best (at least 300 DPI/dots per inch).
Deadline is July 29 for all listings and photos! Directory/Web Combo price is $125.
Articles and photographs must be for individuals only. No group articles or group photographs will be used. But, as an ADDED BONUS, firms which have three or more arbitrators/mediators purchasing individual listings will receive a free firm listing in the section. (Firms are responsible for submitting the additional information, 150 words maximum.) If you would like to repeat a prior listing and photo, you may send us a photocopy of that listing along with your check; please provide the year the listing appeared. (Digital photos appearing in ADR directories are archived back to 2000.) It’s easy to reserve space in the directory! • Email your listing and photo to Publications Coordinator Darlene M. LaBranche (email: [email protected]). Then mail your check for $125 (payable to Louisiana State Bar Association) to: Publications Coordinator Darlene M. LaBranche, 601 St. Charles Ave., New Orleans, La. 70130-3404. • Or, mail your listing, photo, disk and check to the above address. For more information, contact Darlene M. LaBranche [email protected] (504)619-0112 or (800)421-5722, ext. 112.
Louisiana Bar Journal Vol. 64, No. 1 23 Interview with Professor A.N. Yiannopoulos: Louisiana’s Most Influential Jurist in Our Time
Interviewed by Tyler G. Storms
Interviewer’s Note: The reasons that I proposed, and the his labor of love, which is the improvement of our Civil Louisiana Bar Journal Editorial Board agreed, to publish Code. My life has been much better because of him. Our this article on Professor A.N. Yiannopoulos are twofold. state’s law has been much better because of him, and First, one has to go back to its origins of the early 1800s the lawyers of this state have seen farther, much farther, to find anyone who has had a comparative impact on the because they have been able to stand on the shoulders of Civil Code of Louisiana. Second, Yiannopoulos has helped such a rare genius. We want to take this opportunity to and touched so many of us in the Bar. He cares about honor him with this “thank you note” from the Bar to be his students, and he consistently helps his friends. He is published in his lifetime. a good man, and he continues (usually without pay) in
Journal: Tell us about your childhood. youth resistance movement against the Journal: How did you get to America? What is your background? Fascists. A German officer caught me Yiannopoulos: While serving in Ath- Yiannopoulos: I was born in Thessa- painting resistance slogans on a wall in ens, I had applied for a Fulbright Fellow- loniki1 in 1928. My maternal grandfather Aristotle Square, in the heart of Thessa- ship. I was on a boat for New York on the was an attorney, and my father was an loniki. When he attempted to arrest me, third day following my discharge. After attorney who wound up serving as an I unloaded my entire paint bucket on his the hardships of war and reconstruction, artillery officer in the Balkan theater and face and, of course, ran for dear life! life in the USA was a dream. Asia Minor before joining the Plastira Revolution.2 He was a captain when I was Journal: You come from a family of Journal: What did you do with the born. He barely escaped a court-martial lawyers, and that certainly influenced your Fulbright? because of his outspoken democratic be- career choice. Where and when did you Yiannopoulos: I chose to study at the liefs. After departing from the army, my get your early legal training? University of Chicago Law School. My father obtained his law license in 1935. Yiannopoulos: I entered the University mentor at Chicago was the famous Max of Thessaloniki Law School in 1946. We Rheinstein. After receiving a Master of Journal: That was a difficult time with had a class of 180 students. Four of my Comparative Law in May 1954, I moved World War II about to start. How did it classmates became Supreme Court jus- to UC Berkeley on a Walter Perry Johnson affect your family? tices, and the second-ranking student in fellowship and received in 1955 the LLM. Yiannopoulos: I, personally, was a our class became the president of Greece.3 In 1956, on a University of California schoolboy in Thessaloniki when Italy de- My legal career was interrupted, however. scholarship, I continued my graduate stud- clared war against Greece on Oct. 28, 1940. My government sent me to the army after ies and received the JSD degree under two the national student organization, which I world-renowned specialists, Professors Journal: Did your father remain out headed, had successfully protested against Albert Ehrenzweig and Stefan Riesenfeld. of the army? tuition hikes. Protests were in contraven- My doctoral thesis on “Wills of Movables Yiannopoulos: No, it was a time of tion of the law at that time. in International Conflicts of Law” was desperate need. The army recalled my The army eventually trained me to be an published in the California Law Review father in the summer of 1940, and he com- infantry reserve officer and an interpreter. in a whole issue. manded forces who held the Nazi Panzers They attached me to the British military back for three full days with nothing but mission in Athens. After the British Journal: Did you start teaching after light artillery. mission disbanded, I served as military that? I eventually suffered the ignominy of secretary for the commander in chief, Yiannopoulos: Yes, I studied and Fascist occupation, as well as famine, in who at that time was King Paul. I held taught at the University of Cologne as an Thessaloniki. I was 15 when I joined the that position until my discharge in 1953. assistant to Professor Gerhard Kegel in
24 June / July 2016 Interview with Professor A.N. Yiannopoulos: Louisiana’s Most Influential Jurist in Our Time the framework of the Berkeley-Cologne Exchange of Faculty and Student Program, funded by the Ford Foundation. While I was in Germany, Dean William Prosser, author of the famous torts treatise, was at Berkeley. Dean Prosser recommended me for a faculty position at Louisiana State University (LSU). LSU offered me a position on the law faculty while I was still in Germany, but I delayed accepting that position. My intention had always been to return to Thessaloniki to serve on a law faculty there. I, therefore, returned to Greece and took the Areios Pagos (Supreme Court) examination in 1957, which allowed me to become a member of the Thessaloniki Bar. Soon thereafter, the University of Cologne also awarded me a Doctor of Jurisprudence magna cum laude, which later was published by the Professor A.N. Yiannopoulos Louisiana State University Press. Many decades later, in reverence, the dedication until 1979, a mere 21 years give or take, When I was offered to teach a class, I page of the 4th Edition of the La. Civil when I was asked to join the Tulane fac- felt that I had to refuse because it would Law Treatise reads as follows: ulty. My presence in Louisiana has been have been a slap in the face to one of my even less temporary than 21 years. Long colleagues in exile; therefore, I graded In gratitude to those who bestowed the 4 before going to Tulane, I became a U.S. examinations of students who needed gift of ευ ζέιν citizen with Louisiana as my home state, to graduate. After such a disappointing Albert A. Ehrenzweig and I continue to work on the fabric of experience, I tendered my resignation in Gerhard Kegel our law to this day. January 1969 and returned to the United Max Rheinstein States. I left Greece without an “exit per- Stefan Riesenfeld Journal: Did you make any changes mit,” a defiant act, as such a permit was when you arrived at LSU? required by the dictatorial government Journal: How did you decide on Yiannopoulos: I commenced the revi- at the time. Louisiana when you had been putting off sion of the Louisiana Civil Code, having the invitation to come here for so long? been appointed Reporter and Coordinator Journal: What did you do next? Yiannopoulos: In 1958, looking at a for Program and Research by the Louisiana Yiannopoulos: The LSU Dean, Paul minuscule map of Louisiana, I accepted State Law Institute’s Council in 1965. I Hebert, offered me a reappointment. After the LSU offer under the mistaken impres- published the first Louisiana legal treatise my return, it occurred to me that a pen- sion that LSU was located, if not in New in 1966, Civil Law Property.5 I had to umbra of disenchantment and frustration Orleans, at least in a suburb of the historical suggest the very idea of a Louisiana legal surrounded provisions of the Civil Code. city. After a rude awakening, I considered treatise to West. The Civil Code seemed irrelevant, out my position at LSU temporary because I of touch with reality, and suspended in a was ignorant of the essential fact that my Journal: Did you do anything to end vacuum. I, therefore, began the work of initial appointment was as Associate Pro- your “temporary assignment” at LSU and revision of the law of personal servitudes fessor of Law with tenure — no need for return to Greece? (usufruct, use and habitation) because I had promotion from the rank of Assistant Pro- Yiannopoulos: Yes, a new chair had just finished the first Louisiana treatise, fessor and no tenure qualification worries. been created at the University of Thessa- which was on that subject. We used sources Eventually, Mississippi mud crept in loniki in 1966. I was elected to that chair. not only from France and Spain, but also between my toes, and I fell in love with Greece, unfortunately, had fallen under from Greece, Germany and Switzerland. Louisiana, with Baton Rouge, with New a military dictatorship, and in the fall of We additionally relied on contemporary Orleans, and with all the small com- 1968, I had been advised to appear and civilian doctrine and jurisprudence. Book munities and big cities. As a result, my assume my duties, or my election to the II, Title III of the Louisiana Civil Code “temporary” appointment at LSU could chair created for me would be cancelled. acquired the force of law on Jan. 1, 1977. be mentioned in Guinness World Records I was assigned an office, but not a class as one of the longest in that it lasted only to teach. The political air was oppressive. Continued next page
Louisiana Bar Journal Vol. 64, No. 1 25 Interview with Professor A.N. Yiannopoulos: Louisiana’s Most Influential Jurist in Our Time Interview continued from page 25 Selected Journal: It is unquestioned that you Publications of have served as the primary reporter6 for Professor the revisions of the Civil Code since then. How long did you stay at LSU? A.N. Yiannopoulos: Yiannopoulos: I joined Tulane Univer- Books sity in 1979. I served as professor there until 2007, and continued to write and teach as rofessor A.N. Yiannopoulos has an emeritus professor. I was the lead teacher published a host of law review for Tulane’s Civil Law Seminar until 2015. 7 articles, books, book reviews and I continue to teach at Tulane to this day. other materials. A complete list of Phis remarkable scholarship can be found at: Journal: Is there anything you recall http://www.law.tulane.edu/tlsfaculty/pro- as being innovative in the area of legal files.aspx?id=480. Among his books are: education, as opposed to the law itself? Yiannopoulos: I organized for LSU a 1. American Greek Private International first-ever summer session in Thessaloniki Law (with Professors Ehrenzweig and Frag- in 1972. American universities had estab- istas, Oceana, 1957). lished programs for a semester or a year Professor A.N. Yiannopoulos during his time teach- abroad through exchanges of students and ing at Louisiana State University. Photo provided 2. Negligence Clauses in Ocean Bills by A.N. Yiannopoulos. of Lading: A Comparative Study (LSU faculty members. We, however, actually Press 1962). created a fictitious campus where law stu- toral Degree, honoris causa. There is an 3. Civil Law in the Modern World (LSU dents would take summer classes for LSU A.N. Yiannopoulos Endowed Chair at the Press 1965, A.N. Yiannopoulos Ed.). credits in Thessaloniki. Tulane sponsored LSU Law Center, as well as an endowed 4. Matrimonial Regimes Coursebook a similar program in Thessaloniki in 1980 scholarship in my honor, which is reported (with Catherine Spaht, LSU Law School and consistently maintained summer ses- to be one of the largest privately funded Press 1978). sions in the islands of Rhodos, Crete and scholarships at the school. There is also 5. Admiralty and Maritime Law (with Spetses while I served as director. While an A.N. Yiannopoulos Professorship Thomas J. Schoenbaum, Michie Co. 1984). Tulane continues to operate the Rhodos at the Tulane Law School and an A.N. 6. Ocean Bills of Lading: Traditional summer session, Loyola University now Yiannopoulos Endowed Scholarship for Forms, Substitutes, and EDI Systems (Klu- maintains the Spetses program. Civil Law Studies. Last but not least, I wer Pub. Yiannopoulos ed. 1995). have particularly enjoyed being called “a 7. Admiralty and Maritime Law (with Journal: I know you are a titular mem- legal lion” in a Louisiana Court of Appeal Robert Force. Lupus Pub. 1997, updated ber of the Hague Academy of Comparative decision. 2011). Law and various other societies such as the 8. Louisiana Civil Law System (Claitor American Law Institute. Have you done Journal: You have certainly published Pub. Baton Rouge, La.. 1978; 2d ed. 1998). work in other jurisdictions? a phenomenal amount.8 Will this be the last 9. Civil Law Property Coursebook (Clai- Yiannopoulos: I was asked to help that the Louisiana Bar hears from you? tor Pub. Baton Rouge, La.. 9 ed. 2011). with the Estonian Civil Code in Tallinn, Yiannopoulos: I do not plan to stop 10. Louisiana Civil Law Treatise, Vol- and the Harvard Institute for International working on the revision of the Civil Code. ume 2 — Property, West Pub. Co., St. Paul, Development appointed me to serve as an I hope to see a complete revision of all Minn. (4th ed. 2001, updated 2011). expert adviser for the codification of the titles, recast into a modern, flawlessly 11. Louisiana Civil Law Treatise, Vol- Russian Civil Code. and smoothly working whole without the ume3 — Personal Servitudes (West Pub. continuous need for amendments. The Co., St. Paul, Minn. 4th ed. 2001). Journal: Of all the special recognitions Civil Code should be a well-organized 12. Louisiana Civil Law Treatise, Vol- you have been awarded, do any stand out legislative scheme without so-called “Of- ume 4 — Predial Servitudes, (West Pub. to you? ficial Revision Comments” — which, in Co., St. Paul, Minn. (4d ed.2013). Yiannopoulos: Yes, Greece honored reality, are Reporter’s notes — that should 13. Louisiana Civil Code, Pamphlet me with the Gold Cross of the Order of be properly placed in legal archives or pub- Editions 1980-2011 (West Pub. Co., St. the Phoenix for cultural achievement, and lished in treatises and law review articles Paul, Minn.). the Archbishop of Australia presented me and comments. 14. Selected Institutions in the Law of with the Gold Cross of the Order of Saint Obligations, a Casebook (Claitor Pub. Baton Andreas. The University of Thessaloniki Journal: What should be done about Rouge, La., 2003. honored me in 1991 with an LLD, Doc- commentary on the Civil Code?
26 June / July 2016 Interview with Professor A.N. Yiannopoulos: Louisiana’s Most Influential Jurist in Our Time Yiannopoulos: I envision a commen- tary covering the entire Civil Code article by article, written by experts on the par- ticular legal institution under review. As a matter of fact, WestGroup has accepted my proposal for such a series of volumes, and the Volume I of the Louisiana Civil Law Commentary is scheduled for submission for publication on July 5, 2017.
Journal: What do you enjoy doing outside of work? Yiannopoulos: I enjoy traveling, read- ing literary works, attending classical mu- sic events, and participating in international conventions. The companionship of my friends has always formed an important part of my life. Unfortunately, close friends of my age have succumbed to the ravages of time or are no longer with us. I have found much comfort in the company of my family, a few remaining old friends in many parts of the world, as well as younger Professor A.N. Yiannopoulos while consulting for the recodification of the Russian Civil Code. Photo persons, such as law faculty members, provided by A.N. Yiannopoulos. former students, assistants and coworkers. “Homage to Albert Tate, Jr., and Those Yiannopoulos in terms of production is the late Saúl Who Will Guard Thermopylae.” Litvinoff, who served as reporter on the revision of the Journal: I personally know you have law of Conventional Obligations, Exchange, Obliga- many acquaintances of the opposite sex tions in General, Sales, Transaction or Compromise, who enjoy your company. FOOTNOTES and UCC 2 and 2A. Yiannopoulos: Absurd, I object… 7. This interview was completed in February 2016. 8. In addition to his definitive La. Civil Law Hearsay!9 1. Also known as Thessalonica. 2. The 11 September 1922 Revolution was declared Treatises, Professor Yiannopoulos has published a by Gen. Nikolaos Plastiras and led to the abdication host of law review articles, books and book reviews. Journal: Is there anything you would of King Constantine I of Greece. A complete list of his remarkable scholarship can be like to say to your former students? 3. Although not stated by Yiannopoulos in his found at: http://www.law.tulane.edu/tlsfaculty/profiles. aspx?id=480. Yiannopoulos: Yes, Αἰέν ἀριστεύειν.10 interview, it is the author’s belief, on good authority, that the former president of Greece was second only 9. Author’s note: Laughter follows the objection. This quotation is from the sixth book of to Yiannopoulos in class rankings. It has also been 10. Roughly translated as, “Ever to excel!” Homer’s Iliad, wherein Glaucus delivers rumored that this erstwhile president of the Greek 11. Personal Servitudes (5 ed. 2011). a speech to Diomedes: “Hippo locus begat Republic was told that, even as executive leader, he 12. “The Civil Law is beautiful.” This is quoted from a mighty bas-relief celebrating the endowment of me. I claim to be his son, and he sent me to was “not necessarily the top ranking dog!” 4. Alexander the Great: “I owe life to my parents, the A.N. Yiannopoulos Professorship of Law, courtesy Troy with strict instructions: Ever to excel, but I owe the good life (ευ ζέιν) to my teacher” (viz., of the generous donations of Richard J. Dodson, Esq., to do better than others, and to bring glory Aristotle). The author of this article feels the same former LSU Law School student of Dr. Yiannopoulos, to your forebears, who indeed were very gratitude toward his teacher and mentor, Professor ca. 1960s, thereafter a self-described lifelong admirer and friend. great . . . This is my ancestry; this is the Yiannopoulos. 5. Personal Servitudes originally came out in 1968, 13. Property (3 ed. 1991). blood I am proud to inherit.” and Predial Servitudes originally appeared in 1980. 6. Professor Yiannopoulos has served as reporter on Tyler G. Storms, an Journal: Is there anything you would committees for the revision of the law of Absent Per- attorney in Ruston, like to say to the members of the Louisi- sons, Aleatory Contracts, Corporations, Boundaries, serves on the Louisiana Building Restrictions, Community Property, Deposit Bar Journal’s Editorial ana Bar? and Sequestration, Domicile, Loan, Mandate, Master Board, in the Louisiana Yiannopoulos: Yes, but I already said and Servant, Matrimonial Regimes, Natural and Juridi- State Bar Association’s it in the dedication of two La. Civil Law cal Persons, Occupancy and Possession, Ownership, House of Delegates Treatises. In Volume 3,11 you will find, Ownership in Indivision, Personal Servitudes, Predial and on committees of Servitudes, Preliminary Title, Prescription, Property, the Louisiana State Law “For the Women and Men of the Law who Quasi Contracts, Rents and Annuities, Respite, Sig- Institute. He is a graduate 12 Cherish the Beauty of the Civil law of nification of Terms, Things, and Utility Servitudes or of Tulane University and Louisiana.” Also, I wrote in the dedication Louisiana Civil Code Revision, Book I, Titles I-III, its Law School (BA and JD). (tstorms@stormslaw. of La. Civil Law Treatise, Volume 2,13 Persons, Book II, Titles I-VII Property, Book III, com; 941 N. Trenton St., Ruston, LA 71270-3327) Titles V, VI, XII-XV, XX, XXIII-XXV. Second to
Louisiana Bar Journal Vol. 64, No. 1 27 Louisiana’s Historic Courthouses: A Look at the Past and the Present By Tracy O. Joseph, Richard D. Lamb III, Lisha C. Landry, Shayna B. Morvant, Kimberly R. Silas and Amani C. Perkins Editor’s Note: These articles provide information on historic Louisiana courthouses. In this issue, the courthouses in 15 parishes are discussed. The Louisiana Bar Journal will provide more courthouse articles over the coming anniversary year.
nited States Supreme Court Justice Lewis F. Powell Jr. said it best, “[F]or much of our history, the courtroom has servedU not just as a local center of the law and government, but as a meeting ground, cultural hub and social gathering place.”1 As attorneys, many of us are in courtrooms every day but few of us may take the time to truly appreciate the architectural detail and historical value these public buildings offer. Louisiana’s courthouses are among the states most valuable resources and posses- sions that often go unappreciated. The many different and distinct architectural styles of these courthouses are deeply rooted in Louisiana’s rich history. Some courthouses dating back to the 1800s are still being used today. These courthouses, noteworthy for Avoyelles Parish Courthouse. Photo by John Deacon. Used with permission. the places they hold in Louisiana’s history, are time capsules. bombardment of Donaldsonville. The parish Avoyelles Parish As this issue of the Louisiana Bar eventually outgrew the new courthouse built The Avoyelles Parish Courthouse is Journal begins the celebration of the 75th in 1862. The present-day Ascension Parish located in the parish seat of Marksville. anniversary of the Louisiana State Bar As- Courthouse in Donaldsonville was built in The red-brick structure was completed in sociation, it is only fitting to dedicate a small 1889, with additions made in 1974.2 De- 1927 at a cost of $250,000. It was designed portion of this publication to courthouses spite these additions, the original structure in the neoclassical revival style by architect throughout this state. is almost unchanged and still in use today. Herman Duncan and constructed by the ► The Ascension Parish Courthouse, Caldwell Brothers. The red-brick-and- Ascension Parish located at 820 S. Irma Blvd. in Gonzales, was concrete structure consists of two floors ► The Ascension Parish Courthouse, established in 1975 and designed by August and a basement, with the top floor being located at 300 Houmas St. in Donaldson- Perez and Associates. Ascension Parish is used as a courthouse until the late 1970s. ville, was established in 1889 and designed one of the parishes with two functioning The building also houses the Avoyelles by James Feret. A courthouse built in 1810 courthouses. In 1974, the Ascension Par- Parish Clerk’s Office. Still in use today, served the parish until 1846 when it was ish Courthouse East was completed. This the courthouse was renovated in the 1970s. destroyed by fire. The building housing the courthouse is considered an annex and not next courthouse was destroyed by a federal a separate entity.
28 June / July 2016 Louisiana’s Historic Courthouses: A Look at the Past and the Present the movie was a dud with critics, the courthouse looked great! The Caddo Parish Courthouse has survived the Great Depression, World War II, the Civil Rights era, the Cold War and a few booms and busts in the oil and gas industry, but even still appears to be fully prepared to take on the 21st century.
East Baton Rouge Parish ► The East Baton Parish Courthouse, located at 300 North Blvd. in Baton Rouge, was established in 2007. The first courthouse that served the Baton Rouge area was a structure built in 1807 during the days of the Louisiana Territory until it was converted into a public school. A second courthouse was built and later leveled in 1922 to make A postcard view of the Caddo Parish Courthouse. way for a new courthouse to serve the par- Caddo Parish property is actually private property owned ish. The third parish courthouse opened in The Caddo Parish Courthouse sits on by the Daughters of the Confederacy and 1923 and an addition was constructed in a commanding site of approximately 2.5 not to the Parish. 1957 to install central air conditioning. It is acres on Texas Street, a major thorough- The design and décor of the inside of now the location of the Baton Rouge City fare in downtown Shreveport. Two prior the courthouse is a fitting tribute to the Court. In 1977, a new parish government courthouses stood where the current court- people of Caddo Parish. The walls are and judicial complex served the parish until house stands today. The current courthouse made of Rosatta marble and have bronze a new courthouse was built in 2007.6 was constructed in 1926 and is listed on torches lighting the way. The floors incor- ► The Russell B. Long Federal Building the National Register of Historic Places. porate pink and gray Tennessee marble and United States Courthouse, located at 777 The Caddo Parish Courthouse was de- with a border of Belgian black marble, and Florida St. in Baton Rouge, was established signed by Edward F. Neild, a Shreveport opposite of these marble floors are bronze in 1972. The U.S. Post Office, circa 1897, architect. Once, upon a tour of Shreveport, lamps hanging from the ceiling. was the location of the U.S. District Court for President Harry S. Truman was so im- The inside has many stories to tell, in- the Eastern District of Louisiana until 1933. pressed with the design of the courthouse cluding a history of Caddo Parish in a first- The U.S. Circuit Court of the Eastern District that he approached Neild to design the floor display of historical items. While also met here until the court was abolished courthouse in President Truman’s home the first-floor display manifests images in 1912. This building is now the location county of Jackson County, Missouri. Sub- of growth and prosperity, there is a darker of the City Club of Baton Rouge. The U.S. sequently, Truman enlisted the services of side to the courthouse that has entertained District Court for the Eastern District of Neild as a consulting architect for the reha- thrill seekers and frightened courthouse Louisiana met at the U.S. Post Office and bilitation of the White House during Tru- employees. The 7th floor of the courthouse Courthouse built in 1933 until the creation man’s term as president. He also enlisted was the site of the old jail and contains old of the Middle District in 1972. This building Neild as the lead architect of the Truman cells that are no longer in use but maintain is still in use by the U.S. Bankruptcy Court Presidential Library in Independence, Mis- their unnerving appearance as a place for for the Middle District of Louisiana.7 souri. the condemned. The 8th floor presents The courthouse itself is surrounded even more frightening displays as this East Feliciana Parish by grass and stately oak trees donated by floor was where convicted criminals were The East Feliciana Parish Courthouse, Judge Thomas Fletcher Bell in the late hanged.4 As recent as 2014, a latch is still located at 12305 St. Helena St. in Clinton, 1800s.3 The courthouse grounds are dot- visible where the floor would drop to ef- was established in 1840 and designed by ted with indigenous shrubs and seasonal fectuate the execution. J.S. Savage in 19th century American and plants. Benches are available for the en- In more recent years, Shreveport has Greek-Roman Classical Revival style. To- joyment of the public. On the Texas Street gained the reputation as “Hollywood day, only four courthouses built in Louisiana side of the courthouse, a Confederate Vet- South” as film producers and movie stars before the Civil War are still used for parish erans Reunion Monument honors those migrated to the city. In 2009, the Caddo proceedings. The oldest and still functioning who died fighting for the Confederacy. Parish Courthouse was the setting for “Be- courthouse in Louisiana, the East Feliciana Unbeknownst to many, this small tract of yond a Reasonable Doubt” starring Mi- Parish Courthouse was built in 1840 after a land within the perimeter of the courthouse chael Douglas and Jesse Metcalfe.5 While fire destroyed the first courthouse in 1839.
Louisiana Bar Journal Vol. 64, No. 1 29 Louisiana’s Historic Courthouses: A Look at the Past and the Present
The present-day Natchitoches Parish Courthouse. Photo by John Deacon. Used The Natchitoches Parish “Old Courthouse.” Photo by John Deacon. Used with with permission. permission.
But after years of deterioration, the local was moved to Port Vincent. During the restored several times, most recently in the community banded together to raise almost 1872 legislative session, the ruling body late 1970s. The Old Courthouse currently $3 million to update the National Historic changed the parish seat to Port Vincent. In houses the Old Courthouse Museum, a Landmark for modern use. Thanks to its October 1875, the Port Vincent courthouse branch of the Louisiana State Museum. dedicated community, original specifica- was burned downed in the middle of the This structure was actually the second tions confirm that the East Feliciana Court- night, destroying all of the records inside. courthouse. The first Natchitoches Parish house stands today as it did in 1840.8 After much controversy, a settlement was Courthouse was completed in 1828. reached that the parish seat would be in a Iberville Parish central location between the two towns Pointe Coupee Parish The Iberville Parish Courthouse, locat- on Highway 42. The little settlement was The Pointe Coupee Parish Courthouse, ed at 59705 Bayou Rd. in Plaquemine, was called Springville and later renamed to located at 201 E. Main St. in New Roads, established in 1906 and designed by A.J. Centerville in the spirit of the compromise was established in 1902 and designed by Bryan. In 1848, land was purchased and that had been placed there. The Livings- A.J Company in Romanesque Revival construction began on a courthouse which ton Parish Courthouse in Centerville Style. When Pointe Coupee was made one later became the City Hall. The present remained the parish seat until 1941 when of the 12 parishes of Orleans, the chosen courthouse, built in 1906, had a top turret a courthouse was built in what is now the officials continued to use as a courthouse faced with clocks facing north, south, east Town of Livingston. At the end of 2014, the same building that had served as such and west. The original turret was destroyed the construction of the new Livingston through French and Spanish possessions of by fire in the 1940s and not replaced. The Parish Courthouse was completed. The the area. This building burned in 1846 and, present courthouse was remodeled to old Livingston Parish Courthouse in Port two years later, the seat of government was conform to that part of the structure that Vincent is on the National Register of moved to New Roads. On Sept. 1, 1847, had been lost through the fire. The former Historic Places.11 a tract of land was purchased for $1,600 Iberville Parish Courthouse built in 1848 from Baptiste LeJune for the courthouse, now houses the Iberville Parish Museum Natchitoches Parish still located there today. The original sec- which has been open since 2000.9 ► The present-day Natchitoches tion of the courthouse was built in 1902 Parish Courthouse was erected in 1940. in Romanesque Revival style. By the Livingston Parish Located on Church and Second Streets in 1930s, this courthouse no longer fulfilled The Livingston Parish Courthouse, Natchitoches, it was designed by architect the needs of the growing parish. Instead located at 20300 Government Blvd. in J.W. Smith & Associates and constructed of destroying the original structure, Pointe Livingston, was established in 2014. by T.M. Reed Construction. The building Coupee Parish built an annex at the rear Livingston Parish may hold the record for includes three stories and is a mixture of of the existing structure. The annex was having the most locations of parish court- neutral-colored brick and concrete. An added in 1940 and, except for minor repairs, houses in Louisiana. The first courthouse annex to the original structure was com- the courthouse has remained relatively in the parish is generally considered to pleted in 1959. untouched. This building is listed on the have been established in Van Buren on the ► The Old Natchitoches Parish Court- National Register of Historic Places.12 east bank of the Tickfaw River.10 In 1835, house was built in 1896 at a cost of $20,555. the first Livingston Parish courthouse was Portions of the “Old Courthouse” were Orleans Parish built in Springfield. In 1871, the courthouse damaged by fire in 1933. It has since been ► During portions of the Spanish and
30 June / July 2016 Louisiana’s Historic Courthouses: A Look at the Past and the Present French administrations, the Cabildo served as the seat of the government. Completed in 1799, the Cabildo was designed by Don Gilberto Guillemard. Located at 711 Chartres St., the building’s main hall, the Sala Capitular (Meeting Room), was used as a courtroom. The Cabildo served as the home of the Louisiana Supreme Court from 1853-1910. Landmark decisions in the Slaughterhouse cases and Plessy v. Ferguson were handed down there. ► The Presbytere was designed in 1791 by Don Gilberto Guillemard to mirror the Cabildo, which is positioned on the other side of St. Louis Cathedral. Built on the site formerly used a residence for the Capuchin monks, construction of the Presbytere was completed in 1813. The structure, located at 751 Chartres St., was originally rented for commercial use by private citizens. The Rapides Parish Courthouse. Photo by John Deacon. Used with permission. Presbytere became a courthouse in 1834. Between the years of 1822 and 1853, the ► Housed at 400 Royal St. since 1910, 1994, the building was renamed in honor Presbytere was used to house the Louisiana the Civil District Court relocated to its of John Minor Wisdom, one of the “5th Supreme Court, district courts, officers and current building at the corner of Perdido Circuit Four” and a respected judge who clerks of courts, and other judicial offices. Street and Loyola Avenue. Sitting adjacent served on the 5th Circuit from 1957-99. After the eventual move of the Louisiana to New Orleans City Hall, the structure The building, located at 600 Camp St., was Supreme Court to the Cabildo in 1853, was completed in 1959. listed in the National Register of Historic the Presbytere continued to serve as a ► The Algiers Courthouse, originally Places in 1974. courthouse until 1911. housed in the Duverje Plantation home, was ► The Carrollton Courthouse served as built after the original site was destroyed Rapides Parish the seat of government for Jefferson Parish during the Great Algiers Fire of 1895. The present-day Rapides Parish Court- until the City of Carrollton was annexed by Located at 225 Morgan St. in Algiers, the house, completed in 1939, is located in New Orleans in 1874. Title of the building courthouse is home to 2nd City Court, downtown Alexandria on Murray St. It was eventually transferred to the City of the registrar of voters and other essential was designed by architects Edward F. New Orleans in 1888 and has served as city government offices. Designed by Neild, D.A. Somdal and Edward F. Neild, the site of several New Orleans public Linus Brown and Alonzo Bell, the Algiers Jr. and constructed by contactor James schools. The Carrollton Courthouse was Courthouse is the third-oldest courthouse T. Taylor. The seven-story building was added to the National Register of Historic in continuous use in Louisiana. designed in the Art Deco Modern style Places in 2015. ► Built in 1929, the Criminal District and features a limestone exterior with ► The Louisiana Supreme Court’s cur- Court was designed by Diboll & Owens rectangular windows. The building also rent home is at 400 Royal St. Construction in a combination of Roman Classic and houses the Rapides Parish Clerk’s Office of the building, designed by Frederick and modern Art Deco styles. Located at the and the Rapides Parish Detention Center. Ten Eyck Brown, began in 1908 and was corner of Tulane Avenue and Broad Street, Previous courthouses were completed in completed in 1909. The courthouse was the courthouse was added to the National 1859 and 1873. The 1859 courthouse was officially opened in October 1910. The Register of Historic Places on Jan. 12, 1984. located on Second Street with a view of structure originally housed the Louisiana ► The John Minor Wisdom U.S. Court the Red River. This courthouse was de- Supreme Court, the 4th Circuit Court of of Appeals Building, originally serving stroyed by fire on May 13, 1864, during Appeal, New Orleans Civil District Court, as the U.S. Post Office and Courthouse, the Union Army’s Red River Campaign. City Courts and other city and state agen- houses the 5th Circuit Court of Appeals. A replacement was later erected in 1873. cies. After a temporary relocation to Dun- Styled in Italian Renaissance Revival, The 1903 courthouse was designed by J. can Plaza Civic Complex, the Louisiana the structure was constructed between Relly Gordon and constructed by the F.B. Supreme Court and the 4th Circuit Court 1909-15. After vacating the premises in Hull Construction Company of Jackson, of Appeal returned to Royal Street in 2004 1963, the 5th Circuit Court of Appeals Mississippi. This courthouse was in service after the building underwent extensive returned to the building after it had under- for just 36 years before being replaced by renovations. gone extensive renovation in 1971-72. In the current courthouse.
Louisiana Bar Journal Vol. 64, No. 1 31 Louisiana’s Historic Courthouses: A Look at the Past and the Present St. Helena Parish The current St. Helena Parish Courthouse, located at 369 Sitman St. in Greensburg, was established in 1938. The first courthouse in the parish was located at Mount Peiler in the extreme southern part of the parish and was probably built about 1804. The building was constructed of brick and was later sold and used as Mount Peiler Academy, one of the parish’s first schools. The second courthouse was built in 1832 of the log-cabin type of con- struction, but this structure burned to the ground at an unknown date. In 1938, the present courthouse was completed which housed a jail on the third floor.13
St. Tammany Parish The St. Tammany Parish Justice Center, unlike any courthouse in Louisiana, is a 312,000-square-foot structure containing 22,000 cubic yards of concrete and 25,000 The St. Tammany Parish Justice Center opened in 2003. Photo by Kimberly R. Silas. St. Joe bricks and housing 12 courtrooms. B. Morgan, Jesse R. Jones, John Wright, Covington’s older maps. The 1819 Court- It was built at an extraordinary cost of $64 James Tate and Daniel Edwards were house was eventually sold and used as a million. The opening of the Justice Center named to move the parish seat. private residence and Catholic seminary. was such an epic event that the June 26, Some time before the parish seat was In the late 1800s, a hotel known as the 2003, edition of the local newspaper — The moved, the Claiborne Company had pur- Claiborne Cottages was built next to the St. Tammany Farmer — included a 45-page chased a portion of the Kleinschmidt Span- former 1819 Courthouse. Those cottages insert dedicated to the Justice Center that ish land grant in 1813. In exchange for the perished in a fire in the early 1900s. included well wishes from businesses, law commission naming the Town of Claiborne In 1884, the Police Jury voted to firms and city officials. Though plans to as the parish seat, the Claiborne Company demolish the courthouse located at The construct this massive structure began in offered some of its land and agreed to build Courthouse Square. During the demolition 2000, the Justice Center’s history dates a courthouse and jail for the parish, free and rebuilding period, Covington Town back much farther. The history began two of charge. This resulted in the second St. Hall was used as a courtroom. The new centuries ago with the election of Louisi- Tammany Parish courthouse being built in courthouse opened two years later in 1886 ana’s first governor, William Charles Cole the Town of Claiborne, which is believed and was used for 73 years. As the popula- Claiborne, who served as governor from to be named after Gov. Claiborne. Though tion of Covington, Slidell and Mandeville 1812-16. About one year after his election, construction of the second courthouse was flourished, however, demands were made Gov. Claiborne signed legislation in March completed in 1818, it is routinely referred to to relocate the parish government yet 1813 authorizing a commission consisting as the “1819 Courthouse” and is believed to again. In response, the Police Jury met of Thomas Spell, Robert Badon, Benjamin have cost the Claiborne Company $20,000 secretly, erected a building, and then voted Havard, Joseph Hertraise and Benjamin to erect. Within 10 years of the erection to move the parish offices to Mandeville Bickham to locate a courthouse within of the 1819 Courthouse, the Police Jury on Koop Drive sometime around 1936. three miles of the center of St. Tammany determined that the courthouse should be Once Covington’s leaders discovered Parish, which at that time consisted of moved to Covington, previously known the Police Jury’s plan, the city attorney, Washington Parish, St. Tammany Parish as the Town of Wharton and presumably Peter Garcia, filed a lawsuit against the and the portion of Tangipahoa Parish east named after John Wharton Collins who Police Jury to prevent the relocation of the of the Tangipahoa River. To meet the Gov- founded Covington in 1813. courts. The City prevailed in its lawsuit, ernor’s charge, the commission established On June 5, 1837, the Police Jury pur- and the court issued a judgment ordering St. Tammany Parish’s first courthouse chased Lots 12-15 on the corner of Boston the courts to remain in the parish seat of along the Bogue Chitto River near Enon and New Hampshire Streets in Covington Covington. This victory did not end the on property owned by Judge Thomas C. as a courthouse site. The area between dispute, however. The battle regarding Warner — St. Tammany Parish’s first New Hampshire, Columbia, Boston and the location of the parish seat continued to parish judge. Four years after establishing Gibson Streets in Covington is referred wage between the City of Covington and the court near Enon, commissioners David to “The Courthouse Square” on some of St. Tammany Parish. The parties ultimately
32 June / July 2016 Louisiana’s Historic Courthouses: A Look at the Past and the Present resolved to let Covington remain the par- Jr., 1972-87. Lewis F. Powell, Jr., Forward to Virginia Richard D. Lamb III is an associate in the Historic Courthouses (John O. and Margaret T. Peters, Shreveport firm of Wiener, Weiss & Madison, ish seat. Despite reaching this resolution, authors), University of Virginia Press. A.P.C. ([email protected]; P.O. Box 21990, however, the existing courthouse could not 2. The Courthouses of Louisiana (Glenn R. Con- Shreveport, LA 71120) keep up with the growing population of St. rad, Carl A. Brasseaux and Warren Robison), Center Lisha C. Landry is with the Louisiana Attorney Tammany Parish. Also, the completion of for Louisiana Studies, University of Southwestern General’s Office. ([email protected]; 1885 N. Louisiana, Lafayette, La., pages 34-35. 3rd St., Baton Rouge, LA 70802) the Lake Pontchartrain Causeway in 1956 3. Caddo.org. Shayna B. Morvant is managing partner in the magnified the need for a larger facility to 4. www.ktbs.com, “The Haunted Side of The Cad- Gretna firm of Beevers & Beevers, L.L.P. (210 Huey conduct the parish’s business. In 1959, the do Parish Courthouse,” Oct. 30, 2014, Devon Patton. P. Long Ave., Gretna, LA 70053) parish decided to build a new courthouse, 5. Film Trail Map, www.shreveport-bossierfilm. Kimberly R. Silas is an associate in the New Or- com/2014-NW_LA_Film_Trail.pdf. leans firm of Barrasso Usdin Kupperman, Freeman completed in 1960. Within the year it took 6. The Courthouses of Louisiana (Glenn R. Con- & Sarver, L.L.C. ([email protected]; P.O. to complete the new courthouse, court was rad, Carl A. Brasseaux and Warren Robison), Center Box 56382, New Orleans, LA 70156) held in the basement gymnasium of the for Louisiana Studies, University of Southwestern Amani C. Perkins is with the Rapides Parish Jefferson Avenue grammar school. The Louisiana, Lafayette, La., pages 47-49. District Attorney’s Office. ([email protected]; 7. Federal Judicial Center, www.fjc.gov, History 701 Murray St., Alexandria, LA 70309) 1960 courthouse was used until the St. Tam- of the Federal Judiciary, Historic Federal Courthous- many Justice Center opened in 2003, which es. brought together many of the parish’s offices 8. National Trust for Historic Preservation, East that were scattered throughout the city. Feliciana Parish Courthouse, www.preservation.org. 9. The Louisiana Parish Courthouses (Betty L. Morrison), Her Publishing Co. (1975) Gretna, La., West Baton Rouge Parish Courthouse pages 66-68. The West Baton Rouge Parish Court- 10. “History of Livingston Parish,” mimeograph house, located at 850 Eighth St. in Port Allen, script courtesy of Livingston Parish Library. 11. The Courthouses of Louisiana (Glenn R. was established in 1957. Little is known Conrad, Carl A. Brasseaux and Warren Robison), about the structure of the first courthouse Center for Louisiana Studies, University of South- in the parish, but it was located in a town western Louisiana, Lafayette, La., pages 90-93. known as West Baton Rouge, now Port Al- 12. The Louisiana Parish Courthouses (Betty L. Morrison), Her Publishing Co. (1975) Gretna, La., len. The second courthouse was sold for a pages 115-116. debt of the Police Jury in 1870 but was later 13. The Louisiana Parish Courthouses (Betty L. rented by the Police Jury until 1882 when Morrison), Her Publishing Co. (1975) Gretna, La., a new courthouse was erected. The third pages 131-134. 14. The Louisiana Parish Courthouses (Betty L. courthouse served the parish for 74 years. Morrison), Her Publishing Co. (1975) Gretna, La., Official use of the building was eventually pages 176-177. discontinued but it has become a landmark 15. The Louisiana Parish Courthouses (Betty L. and has been renovated to accommodate Morrison), Her Publishing Co. (1975) Gretna, La., the West Baton Rouge Museum. The fourth pages 180-181. 14 courthouse is the current one. Several members of the 2015-16 Leadership LSBA Class contributed to this article. West Feliciana Parish Courthouse Tracy O. Joseph is a New Orleans attorney. The West Feliciana Parish Courthouse, ([email protected]; Demontluzin St., New located at 4789 Prosperity St. in St. Orleans, LA 70122) Francisville, was established in 1903 and designed by A.J Bryan. When Feliciana Parish divided, West Feliciana Parish Congratulations to the Louisiana State Bar Association on its 75th Anniversary! chose St. Francisville as the location of its courthouse. Between 1824-29, the first parish courthouse was housed in a rented Montgomery Barnett, LLP two-story building. The second courthouse Counselors at Law was established in the Old St. Francisville Hotel. The third courthouse was built in NEW ORLEANS OFFICE BATON ROUGE OFFICE 3300 ENERGY CENTRE ONE AMERICAN PLACE 1852 at the present site in St. Francisville. 1100 POYDRAS STREET 301 MAIN STREET, SUITE 1170 In March 1903, a new courthouse was built, NEW ORLEANS, LA 70163-3300 BATON ROUGE, LOUISIANA 70825 still in use today.15 PHONE: (504) 585-3200 PHONE: (225) 329-2800 FAX: (504) 585-7688 FAX: (225) 329-2850 FOOTNOTES Philip S. Brooks, Jr. DIRECT (504)585-7648 • FAX (504)200-8948 • EMAIL [email protected] 1. U.S. Supreme Court Justice Lewis F. Powell, www.monbar.com
Louisiana Bar Journal Vol. 64, No. 1 33 LSBA at 75: Perspectives on the Practice By Arthur R. (Art) Carmody, Jr.
his year marks the 75th anniver- the practice of law. Also, I had to maintain longer exist. sary of the Louisiana State Bar the firm’s large library, which acquainted As to “motion hour,” it is hard to Association (LSBA), of which me with West Publishing, CCH, Corbin understand today how a routine, rather you and I are proud members. and Wigmore. These duties reinforced my formal court proceeding could generate OriginallyT founded as a voluntary or- decision to attend law school and helped a good feeling about life and law, but ganization, the LSBA was converted to me make the journey a pleasant one. somehow it did and was looked forward a mandatory (or integrated) bar under I began my legal career on Sept. 1, 1952, to. The tradition was long established. It the rulemaking power of the Louisiana at the Wilkinson firm. One of the partners, started promptly at 10 a.m. each and every Supreme Court in March 1941. Although John Madison, Sr., was my best mentor, Wednesday in the “big courtroom” on the the formation of the LSBA predates my always full of wisdom expressed in the third floor of the Caddo Parish Courthouse. legal career, at least by a few years, I am short, simple language he had learned at the The room filled quickly with lawyers sit- proud to share some of my recollections U.S. Naval Academy. One of his standard ting on the courtroom benches, along the of the legal practice in the earlier years of sayings was that any Louisiana law school walls and inside the jury box. The scene the organization. graduate should be able to (1) examine was presided over by the popular chief The first regular job I ever held was in a title, (2) do a succession, and (3) try a deputy clerk, Eddie Goetz, a lawyer who the summer of 1948 when I started as an simple case. He also encouraged the new did not practice, but, all in all, was highly “office boy” (a politically incorrect term lawyers, especially those who had an office knowledgeable and cooperative with all. today) at the Wilkinson firm (Wilkinson, practice, to visit city court at least once a At 10 a.m., Mr. Goetz called the court to Lewis & Wilkinson, at the time), which year to see what the real world was like! order, all rose, and the district judges, with was then housed in the Slattery Building John died in 1961, but his guidance and black robes flowing, somberly marched across Marshall Street from the Caddo wisdom have never left me. I sincerely hope in and seated themselves behind the high Parish Courthouse. My salary was $20 that the LSBA’s “Transition Into Practice” bench. The presiding judge politely but a week, thanks to the senior partner, and mentoring program will confer the same formally welcomed the audience and or- my desk, such as it was, was in the library benefits on new law school graduates as I dered the clerk to sound the docket. The by a window, always open in the summer, received from John Madison, Sr. first order of business was the reading of overlooking a nearby building whose I miss the camaraderie and rapport opinions. Occasionally, this was a long and owner kept a large colony of roosters and among the Shreveport Bar of the past dry exercise, especially when the opinions hens on the roof! The cackling or crowing mid-century. We were all clustered within were lengthy and dull, but in the main they of the brood was one of my few sources a tight area of downtown, and you soon were short and of interest. Then Mr. Goetz of diversion. got to know most of the lawyers by name called the cases tendered for trial in the My duties were to be there from 8:30 and reputation. You soon learned that the following week, covering all the judges. a.m. to 5 p.m., five days a week, and until great majority were quality individuals and Generally, there were no exceptions to a noon on Saturday. At that time, all the true to their word. By the same token, you setting, but, when there was, the objector lawyers in Shreveport wore matching learned there were one or two you should had to rise, approach the bench, state the conservative suits, white shirts and ties to not turn your back on, and always “get it reasons for the objection and hope for the work. There were no sports shirts or blue in writing.” best. Sometimes the reasons were petty blazers. And there were no exceptions. There were several ways that respect, or personal and caused embarrassment to Even in the hottest weather, I wore a shirt good will and collegiality were expressed the objectors and brought on a twitter in and tie to work, as it seemed appropriate; within the Bar. One would be the Wednes- the audience. The judges normally ruled nobody ever had to tell me. There were no day morning motion hour, another the on the objections on the spot, occasionally other “runners” in town at the time; my 10:30 a.m. daily informal “soiree” at the ordering the parties back at 2 p.m. for a duties included filing documents in state coffee shop of the Washington-Youree decision. and federal courts, proofreading property Hotel, and the good times related to the Next came the reading of preliminary descriptions, and going to the Western Lawyers Softball Team, which played in defaults. Lawyers with busy trial dockets Union office, which is no longer a factor in a local fast-pitch league. Sadly, they no needed to be present to ensure there were
34 June / July 2016 Louisiana State Bar Association at 75: Perspectives on the Practice
This 1940s-era postcard of the view looking east down Texas Street depicts the Caddo Parish Courthouse and the Slattery Building. Just south of the Slattery Building was a 10-story office on which the owner, Mr. Ricou, kept his rooftop rookery. no unexpected surprises! Then came the being the coffee shop), a 24-hour grill, So. 655 (La. App. 2 Cir. 1938), in which confirmation of defaults. Usually these gift shops, two bars, a deluxe supper club an outfielder made a Willie Mays-quality were debt collection cases, divorces and called the Zephyr Room, and the original catch but, unfortunately, collided with separations (the latter also no longer a fea- offices and studio of KSLA-TV Channel an automobile parked on the edge of the ture of the legal practice), foreclosures and 12. The coffee shop was seldom empty. field! One judge had to recuse himself, as the like. Witness testimony was normally By the 1950s, a tradition had been es- he was a member of the team, but justice required to prove it up. In this way, many tablished by a group of lawyers who were was served. young lawyers got their first experience friends, or would soon become friends, to The lawyers’ fast-pitch softball team in questioning witnesses in a crowded meet in the coffee shop around 10:30 a.m. was also a morale and friendship builder. In courtroom before a knowing audience. for coffee and conversation or, more often, the 1950s, our team played in the Industrial Sometimes the answers were not as ex- conversation and coffee. I have vivid and League along with teams from United Gas, pected, and occasionally young lawyers treasured recollections of the participants, Texas Eastern, SWEPCO, the young doc- fumbled or drew a blank and had to sit especially Marlin Risinger of the Blanchard tors from Confederate Memorial Hospital down embarrassed, garnering sympathy Firm, who was the champion of the liberal and other A-class teams. It soon became and suggestions from the audience. Most view on all subjects, and Horace Holder obvious there were not enough lawyers to of the audience keenly remembered when of the Tucker Firm, who was ready and play competitively in this league! A solu- it had happened to them. able to come out swinging in support of all tion was proposed to allow us to include law There being no further business, Mr. conservative causes. Many other lawyers enforcement personnel on the team. This Goetz adjourned court sine die. One usually joined in, either to support one side or the was readily agreed to, and the improvement left with a colleague for a coffee break and other, or just because it was so interesting. was immediate — almost like acquiring a conversation over what had occurred. Strangely, these verbal free-for-alls did not Babe Ruth and Lou Gehrig in their prime. The Washington-Youree coffee shop diminish friendships but seemed to make One police captain was a former member was a rougher and less formal experience them grow and flourish. of the Philadelphia A’s (before the team’s but always entertaining. The hotel, built in And then, the Lawyers Softball Team. 1954 move to Kansas City), and several 1922, was a busy, vibrant, popular place Softball was incredibly popular in Shreve- officers and deputies had done stints in the located on Edwards Street at the present port in mid-century. Some of the enthusi- Texas League. At the end of each season, location of Louisiana Tower (Capital One asm can be garnered from the opinion of one of the lawyers, Leroy Smallenberger Bank). It contained four restaurants (one Roos v. Metropolitan Cas. Ins. Co., 195 (later a bankruptcy judge for the Western
Louisiana Bar Journal Vol. 64, No. 1 35 Louisiana State Bar Association at 75: Perspectives on the Practice
in the legal profession was slow at first, although we have documented that the first in Shreveport was an able gentleman named Charles Roberson, who opened his office in 1914 and continued on until his death in 1932. By the 1960s, others began to break down the walls of prejudice. I definitely feel that the profession, and society at large, have benefited from the infusion of African-American lawyers. The profession is a much more dynamic and rewarding place than ever before. Finally, I would mention the enormous everyday mechanical changes to the prac- tice of law. It may be shocking to younger practitioners to think that, in the 1950s, a Xerox machine seemed somewhat extrava- The Washington-Youree Hotel housed a coffee shop which was the unofficial meeting place for Shreveport lawyers in the 1940s and 1950s. gant, and, not long after that, fax machines were almost miraculous! Computers and District of Louisiana), hosted a barbecue more than just that. printers have enormously changed the way for the team at his home on Cross Lake. Of course, other beneficial changes we practice, not to mention Westlaw and This was always an enjoyable occasion. have come to the practice of law. It would its competitors, and the dizzying array of I said I missed the camaraderie and not be accurate to say that women were phones, tablets, pads and other devices. It rapport that used to exist between lawyers. always precluded from the practice; most has been a long way from my daily trips However, as I look back at the life and law schools, including LSU and Tulane, to the Western Union office back in 1948, times of lawyers today, my perception is were open to women from the inception, but the journey has been worth the ride. that these feelings are now improving to around the turn of the 20th century. But it Congratulations, LSBA, on its first 75 a high degree. We can take pride in the would certainly be true to say that their at- years. It has been my honor to be part of way we practice our profession. I think tendance was not encouraged, as evidenced this organization for so much of its life. of the high accomplishments of the Inns by the fact that zero, or an occasional one Embrace the change and the tradition, and of Court movement, and, in particular, or two, was the norm for the entering and we will have a bright future ahead. Shreveport’s Harry V. Booth/Henry W. graduating classes before World War II. Arthur R. (Art) Car- Politz Inn of Court, which has fostered But the G.I. Bill, the freedom of movement mody, Jr. has practiced and fortified ethics, knowledge, mentor- which resulted during or after the war, the law in Shreveport for ing and friendship, much in the way the employment of women in jobs which had more than 50 years and Wednesday motion hour, the 10:30 coffee not been open to them in the past, all with serves as of counsel for the law firm of Wilkinson, “soiree” at the Washington-Youree and the good results, opened the doors for women Carmody & Gilliam, a softball team used to. born after, say, 1950. This change, slow firm he has been con- I also have to mention, with pride, our at first, has been open and encouraging. nected with since 1948. local bar’s participation in Carnival, with The growth from the inexorable zero to He was educated at the New Mexico Military the Shreveport Bar Association’s own the normal two or three has been eclipsed Institute, Fordham Uni- Krewe of Justinian. This has proved to by the dramatic, exponential growth in versity and graduated be a great opportunity for our lawyers to the number and quality of women in our from the Louisiana State cooperate and interact outside the litigation practice. At present, slightly over one-third University Law School in 1952. He has extensive trial experience, having tried more than 550 railroad setting and has raised our profile with much of the members of the Shreveport Bar cases throughout Louisiana. He is a member of the of the public. In 2015, the krewe made a Association are women, numbers that are Louisiana and Federal 5th Circuit Bar Associations. contribution of $25,000 to the Shreveport probably mirrored elsewhere in the state. He is a former president of the Shreveport Bar As- Bar Foundation, with proceeds used to Even more significant is the fact that al- sociation, a Fellow of the American College of Trial Lawyers, and a member of the National Association provide free civil legal services through most without exception over one-half of of Railroad Trial Counsel, the Louisiana State Law the Pro Bono Project, mobile clinics at the women have been admitted since 1980 Institute and the Louisiana Association of Defense local homeless shelters, Ask-A-Lawyer and the number of women in graduating Counsel. He is a master emeritus in the Harry V. Booth/ clinics and other worthwhile projects. Be- classes of all four state law schools exceeds Judge Henry A. Politz American Inn of Court and a charter member of the Louisiana Bar Foundation. ing a part of Carnival has added a touch the number of male graduates. ([email protected]; Ste. 1700, 400 Travis of color, glitz and glitter, but it is so much The participation of African-Americans St., Shreveport, LA 71101)
36 June / July 2016 2017 Expert Witness, Consultant and Legal Services Directory The Louisiana State Bar Association is publishing its Expert Witness, Consultant and Legal Services Directory. The supplement to the Louisiana Bar Journal will be printed separately and shrink-wrapped for mailing with the December 2016/January 2017 Louisiana Bar Journal. The directory is published annually, guaranteeing a year’s worth of exposure in print and on the LSBA Web site. $85 Added ► Reach 21,000+ practicing attorneys Value! ► Listings indexed three ways: alphabetical, geographical FREEFREE
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For more information, visit www.lsba.org/expertwitness Note to Lawyer/Law Firm Advertisers: Per Rule 7.7 of the Louisiana Rules of Professional Conduct, all lawyer advertisements — unless specifically exempt under Rule 7.8 — are required to be filed for a compliance review by the Louisiana State Bar Association’s Ethics Counsel prior to first publication. This process could take up to 30 days, so advertisers should consider that time window in relation to the publication’s ad placement deadline. For more information on compliance with the Rules,Louisiana contact LSBA Bar Ethics Journal Counsel Vol. 64, No. 1 37 and/or go online: www.lsba.org/LawyerAdvertising. Communications Department staff cannot discuss Rules compliance issues. Technology and Innovation: What Does the Next 25 Years Hold for the LSBA and the Legal Profession?
Interviewed by David M. Stein and Pete (PJ) Kee, Sr.
et’s go back 25 years ago. In 1991, CompUSA starts selling desktops at retail, running Win- dows 3.0, at the time a blazingly fast i486 Intel chip, 50 MHz, that was the state-of-the-art at theL time, at least for retail. The Internet first gets turned on at CERN (even though there was nothing on it yet). A practicing lawyer at the time likely looked upon a com- puter as a glorified typewriter. Obviously, over the past 25 years, there have been some incredible advances in the ways computers and similar technologies have gone from expensive novelties to being integrated into almost every aspect of our lives. Ernie Svenson Jeffrey E. Richardson Jeffrey E. Richardson, a partner in the New Orleans office of Adam and Reese, L.L.P., and Ernie Svenson, a Svenson spent 20 years practicing in a big firm until he New Orleans commercial litigator and founder of Small- learned the secret of paperless lawyering, which led him to FirmBootcam.com, discussed what may be on the tech- create a streamlined and satisfying solo law practice. Now, nological horizon within the next 25 years. he helps other lawyers learn to automate key aspects of Richardson’s practice areas include appellate and their practices — even ones whose tech skills are limited complex litigation. He also publishes iPhoneJD.com, the to sending and receiving emails. oldest and largest website for attorneys who use iPhones and iPads.
Stein: Let’s talk about where we see without me having to reach in my pocket. I Another area where you’re going to see it is the Bar Association in the future, about 25 think we are going to see more of that in the in litigation. Figuring out which documents years from now. What sort of technological future. Technology will be smart enough, us- are important, zeroing in on those documents enhancements or innovations will practic- ing artificial intelligence, to second guess the and quickly sifting through them intelligently ing lawyers be able to use or have to deal information we’ll likely need at any particular using predictive coding and other methods with? What sort of advances in computing time. I don’t know if the user interface will that get bandied about in the e-discovery be a pair of glasses like the Google glass world, that’s coming. It’s going to get better. technologies do you think lawyers will see (hopefully, it will be far less geeky) or maybe Kee: How do you see this technology over the next 25 years? something in your ear, but you’ll walk into a changing the dynamic of a law firm? As- Richardson: I think we’re going to see room and your assisted device — the iPhone sistants, paralegals, number of associates, personal computers become even more 26 — will say “that gentlemen over there, how do you think that changes? personal. When I think back to 25 years that’s John Smith, remember you met him Richardson: We’ve seen that over the ago, I was just starting law school and I had at the party 12 years ago.” You won’t have past 25 years. When I started practicing law, a little handheld Sharp organizer that stored to memorize things, and your brain can use it was more of a one-to-one ratio between my contact phone numbers and other info. It the assisted information more successfully. support staff and attorneys. Today, with at- was ridiculously clunky, but it was the idea of Maybe this is more of wish than a prediction, torneys knowing how to type and creating assisted technology helping as an extra brain but it’s certainly what I hope we will see as their own documents and things being even so I didn’t have to remember all these arcane technology becomes more personal. Sort of more automated, you can get by with mul- details. Fast forward 25 years. We have the like the assistant that’s with you all the time. tiple attorneys with one staff member. Many iPhones in our pockets, which are far more Svenson: We’re definitely going to see attorneys, especially solos and small firms, powerful than the computers we were using more automation in areas lawyers are starting can probably get by without a staff member. in the past, and they can help us in so many now to grapple with — document automa- When you’re not mailing things anymore, ways. Now, I just say, “Siri, what is the phone tion, assembling documents based on con- you’re emailing them. You don’t have to number of Ernie Svenson” and it will tell me ditions, and using the artificial intelligence. worry about making photocopies because
38 June / July 2016 Technology and Innovation: What Does the Next 25 Years Hold for the Louisiana State Bar Association and the Legal Profession? the PDF is there and everybody can share the In an office environment, no one wants to be a nightmare depending on your PDF. I think that’s going to continue more in be sitting next to people who are dictating perspective for electronic discovery. the future. There’s going to be less of a need briefs. I still think the typewriter keyboard Right now, you ask, “Where were you on for support staff and perhaps a greater role, works well, whether it’s a desktop computer, the night of December 12 at 8 p.m.? Let me or a different role, for paralegals. a laptop computer, or something similar to see your iPhone history.” In 25 years, with the an iPad with an external keyboard. I do think internet of things, you may be asking, “Let Kee: From a client perspective, are you that lawyers will continue to type briefs and, me see what your toaster was doing” or “Let getting questions about your or your firm’s from that standpoint, there will be a place for me see what your refrigerator says.” Do you technology capabilities and has that affected something like a computer — for lawyers. In see that exponentially adding to discovery? how you staff matters? some other fields, we may move away from Richardson: We are watching this debate Svenson: When I left the big firm, I went that. But the law has always been about the in real time right now with the ongoing issues out as a solo. Clients and prospective clients words, and I think it’s going to stay that way between the FBI and Apple. Is it appropriate would ask how I would handle this work for a while. for the federal government to compel a com- without the big firm’s resources. By then, pany to create what many are calling back I had already begun the transition from the Stein: Even in the past eight years, we’ve doors in devices? For now, the government reliance on support staff. When I started seen dramatic advances with smart phones is saying it is to prevent terrorism or future practicing in the big firm, I learned how to and tablets. What sort of advances do you incidents by accessing the phone for more practice law, at least the case management think are coming in the next 25 years to those communications. But if the government side of it, from paralegals because they man- types of devices? Do you think they could is asking for that, it could very easily ask aged the documents. They were at ground get any more close to paper thin or bendable companies, “That device tracks you all the level and understood the work flow and so I or foldable displays? time and we’d like to know where everybody learned from them. I learned how to use the Svenson: For sure. There are materials we’re worried about is” or “All of those database and filter things to get my witness that are going to be developed to allow that devices have microphones on them, and it exhibit list or to get my witness questionnaire. to happen. Twenty-five years from now, I would be really helpful for our investigations All the things needed to create a pretrial or- expect the computing powers to get faster. if we could listen to everybody.” Movies like der became a checklist. When you’re using It’s going to be more mobile. We are going Minority Report that talked about pre-crime PDFs, you’re not managing paper anymore, to have desktop computers because it’s just and predicting crime in the future sound very but you’re managing digital documents, so I easier to work in a particular place that’s futuristic, but the technology that we have is was able to practice law in the same way for a dedicated to the complex work we do as actually not that far away. Issues like privacy lot of the cases I worked on. The clients were lawyers. You’re going to have your main versus security are going to become even happy because the work was done efficiently, device there, but it will be totally possible, more important in the future. As lawyers, reliably and professionally with me directing in 25 years, that your computer that you’re protecting our clients through the laws, we’re everything using software. working with at your desk would be some going to be at the forefront of that. Much like Richardson: You can see that we’re in kind of device that you carry around with way back when the lawyers would be defend- that transition period because, already in you, so that all the important data you need ing the Fourth Amendment of what places federal court, here in 2016, everything is is there and secure. You take it wherever you were appropriately private that you would e-filed. State courts are slowly moving that go, and you plug it in wherever you need it need to have a search warrant to enter, what way. You can e-file in some state courts but to work. But smart phones and mobile de- places were public, if you were in a car, is it not in others. It’s a little haphazard in Loui- vices are obviously going to be huge. They a private place, is it a public place — those siana because different courts have different already are. were the debates that were decided by the systems. In the federal system, once you learn Richardson: One interesting twist in all courts 50 and 25 years ago. Now, we’re go- one, you learn them all. Already, the Code of this is something that people now call ing to be seeing far more interesting debates of Civil Procedure recognizes that you can the internet of things — where so many on difficult issues because of technology. agree through consent with your opposing devices, whether it be a Bluetooth speaker or counsel to serve via email instead of paper. other types of devices, are connected to the Stein: We’ve come a long way from We will look back years from now and realize networks so they can all talk to each other. floppy disks and tapes. The next big thing in these were the building blocks for this new They can all do things. Already in my house, storage currently appears to be cloud-based. type of litigation practice that the technology I have devices installed that I can just say to Do you believe there are ethical issues with allows us to have. my phone, “set the lights in my TV room storing certain information in the cloud? to 20 percent,” and it will automatically do Svenson: Any time you’re storing infor- Stein: Let’s discuss hardware changes that without me actually doing it. We’re at mation that relates to your clients’ matters, that might be coming. Do you think that, 25 the early stages of this. I don’t know how there will be ethical issues. That’s true for years from now, there will be such a thing as necessary it is for my toaster to be on the in- paper and equally true if it’s stored in the a desktop computer? ternet, but, as more and more devices become cloud. Often when discussing this topic, we Richardson: I think so. Law has been part of the internet or some sort of network, deal with the fear mongering first — “Oh document-centric for a very long period everything will be talking to each other. The my, something horrible could happen.” of time, and I think it’s going to continue lines between computers and objects will be Yes, something could happen horribly to be that way for the next 100 years — blurred because they’ll all talk to each other. everywhere. The questions to consider are certainly the next 25 years. As long as you They’ll be able to interact with each other and what’s likely to occur and what steps can be have documents that are being read, you’re use the information from each other. taken to prevent those things from becom- going to have to create those documents ing problems. Since it will make sense for with something that looks like a typewriter. Stein: It sounds like that might actually lawyers to use the cloud to some extent,
Louisiana Bar Journal Vol. 64, No. 1 39 Technology and Innovation: What Does the Next 25 Years Hold for the Louisiana State Bar Association and the Legal Profession? what are reasonable precautions to Lexis and similar services. But what happens messages or recorded voice conversations prevent client data from being ac- when, instead of assisting the lawyer in his/ and it’s just going to be ridiculous in many cessed by hackers or people who shouldn’t her work, the technology starts performing cases to have a bunch of associates sitting have access to it? Number one is password some of the work that used to be done by the in a room going through all of that. You will protection. We should have strong passwords. lawyer? Let’s talk about predictive coding. need to filter and you will need to use predic- People should be taught how to manage their Briefly, this technology allows a user, such tive coding. Although it presents the risks of passwords and to use password managers. as a tech-savvy lawyer or paralegal, to train missing something, it also gives you the op- If you’re doing that correctly, you’re going a system to recognize “good documents” portunity to catch things that humans late at to have less risk with the cloud. I get upset from “bad documents,” “relevant” versus night may fail to see. So I think the pros and when people start talking about the problems “irrelevant,” “responsive” to a certain request cons go both ways. The key is going to be the with the cloud without talking about the basic versus “non-responsive” and, in some cases, lawyer understanding what the risks are so problem which is . . . people use crummy “privileged” versus “non-privileged.” Once that the lawyer and the client can make the passwords. Every year there’s a list showing the lawyer trains the system with a sample appropriate decisions for themselves. Then the top 15 most commonly used passwords. set of review documents, the system can when you need to explain to a court and to Every hacker knows those passwords, and then, nearly instantaneously or in a very short opposing parties what you’ve done, you can those are the first ones they try. If people are period of time, review millions of documents do so in a rational and intelligent way. using those kinds of passwords, then they and identify the ones that meet that given Svenson: Yes, lawyers need to understand are going to have trouble in the cloud. And criteria. In the past, where a lawyer or lawyers how that information is gathered in the first they’re going to have ethics issues. might have spent significant time and money place. One of the things we tend to assume Richardson: What makes it tough is the reviewing each page of an enormous docu- when we start talking about predictive coding question of what is reasonable. If you asked ment set, now the majority of the set can be is the computer is perfect at figuring out just attorneys if it is reasonable to keep a client’s reviewed by predictive coding algorithm and even simple words. I’ve heard presentations documents in a filing cabinet in their offices, produced without a lawyer laying eyes on all by people like Craig Paul, who is an expert everyone would say yes. But if a thief wanted the documents. This technology appears to be in this area, talk about how in certain key to pick your lock, get into your office and here to stay with at least one court ordering cases the company failed to find its own open up the filing cabinet, they could take parties to use it to cut down on discovery costs. documents because they didn’t even think whatever they want. None of us are under What ethical issues do think technology like about how people within the company were the illusion that keeping things in our office predictive coding will raise as it gains steam? using a different name for something that makes it impossible for bad guys to access Svenson: First of all, the word “review” was their own product. You have to think our information. Yet we as a profession have means to be analyzed when we start talking about what kind of words you are looking decided that that’s reasonable. You don’t about predictive coding because you’re not for, how reliably you can find documents, have to have Fort Knox inside of your law necessarily reviewing the documents but what assumptions you are making about office. You just need to have reasonable filtering them. Then at that point, the decision whether the documents will contain those precautions on locks and security. Those must be made if the documents will be looked words, whether those words will be spelled same issues that we’ve considered in the at by a human being. That’s where the strain is correctly, etc. It’s not enough for lawyers to analog world are now being applied to the going to come into play because, as lawyers, just search around and see what they can digital world. Is it reasonable to keep client- we want to be as close to perfect as we can. find. They will need to understand the actual sensitive documents on a cloud-based service The idea of lawyers suddenly transitioning technological limitations and framework for that theoretically could be accessed? Unlike to the world where we say, “I’m not going to how this stuff is done. It’s not something that your office where you’re going to see that review that and it’s probably good enough,” lawyers want to do because they didn’t go somebody backed a truck into your front door that’s not in our DNA. But, in the future, the to law school to study technology, but it’s and broke in, there may not be any signs that amount of data that can be conceivably rel- a fact of life and I think it’s going to be an a hacker around the world has broken into evant in a case is going to be so huge because important part of what lawyers do. your Dropbox folder and has taken your files. of all this internet of things that we’ve been On the one hand, you have the opportunity talking about — all this data is automatically Stein: Building on that, with a predic- to use encryption on the digital files whereas being collected — there has to be a way to sift tive coding system, training becomes very you can’t encrypt the paper documents in through it and computers are going to help important. Do you believe the training should your office. There are pros and cons on both us do that. Of course, there are ethics issues be done by someone who is both an expert sides. There is no question that our practices embedded in all of this. There’s really more lawyer and knowledgeable about the system are moving towards cloud-based solutions, logistics questions because, at some point, because that’s the person who has to teach the for good reasons, I believe, but we’re go- we’re going to have to make some decisions system what is good, what is bad? ing to have to be careful about privacy and about doing things differently because it’s not Svenson: There are a lot of components security. As lawyers, we have a duty toward humanly possible to review all of that data that go into good training . . . psychologi- our clients to be reasonable and to protect in a lot of cases. cal elements, cognitive learning elements. their confidences. Richardson: I think the ethical responsi- Lawyers who are using this system will bilities come into the attorney understanding need to understand how the data gets col- Stein: Let’s discuss software. Over the the issues so that he/she can explain them to lected technologically because that’s going to past 25 years, we used 1991 as a reference the client and make the appropriate decisions determine what kind of documents they get for how technological advances have revo- of where to draw the line. We’re headed to and the reliability of the documents. lutionized how lawyers work. Now a prac- the point where, unlike in the old days where ticing lawyer need never pick up a physical there may have been 100 letters to review, Kee: What advice do you have for a law- book with the availability of WestlawNext, there’s going to be 10,000 emails or text yer working in this backdrop who may not be
40 June / July 2016 Technology and Innovation: What Does the Next 25 Years Hold for the Louisiana State Bar Association and the Legal Profession? as practiced and well-versed in this as you? about so much data and so much informa- about in interviews? Richardson: This is not a new problem. tion. This will be an aid to attorneys. Already Richardson: When I interview Already, lawyers have to deal with doctors when you’re using Westlaw, you have your new lawyers, there are the things that explaining medical conditions of people and main search results, and then on the side it everyone wants. You want them to be smart the lawyer may not understand that. But that has some things that may be helpful to you and you want them to have a certain degree one lawyer at your firm who was a former based upon Westlaw giving an interpretation of charisma and the ability to articulate their doctor or nurse or knows the medicine, that’s of what you’re looking at. Not that it’s going thoughts well. But it’s always nice when going to be a valuable part of the team. I to be making the analysis that the lawyers they bring something else to the table. For think this is the same thing. If you’re not would need to do, but it could help to bubble some people, it may be their scientific back- the person who understands the technology, some things up to the surface that you may ground. They used to be an engineer or they then you will need someone on your team not necessarily see yourself. have something else that they bring to the who does so when you need to explain it table that makes them a unique member of to the court you can do so. As technology Kee: How has this affected trial or hear- your law firm. I think that there’s certainly becomes more and more a part of practicing ing presentations? an understanding that every new lawyer the law, I think the bar of what each lawyer Svenson: I think the use of visuals in nowadays needs to know their way around needs to know is going to rise every year. explaining and in persuading is something technology a heck of a lot better than the we are not tapping as much as we should. If older lawyers at the firm do. But because Stein: Do you think it will ever be the you want to persuade somebody, you have technology is becoming such an important norm to use something like predictive to explain the underpinnings of whatever part of the practice of law and a part of our coding, assuming that the data set was big it is you’re trying to persuade people to clients lives as well, those lawyers who enough, to do a privilege review? understand. So you have to explain first. excel in technology have more to bring to Svenson: Yes, I do because it’s an There’s nothing better at explaining quickly the table in hiring decisions. algorithm. There’s a thought process. Any- and efficiently and in a memorable way than Svenson: I pay a lot of attention to the thing that lawyers do involve some kind of incorporating visuals. This is not something person’s mindset for finding information. algorithm, whether they’re conscious of it new. What’s new is that lawyers need to I have kids who are now adults and I saw or not. We go through a logical sequence learn how to do that and, to some extent, that they and their peers were more inclined and that’s what computers do. Software they need to be given permission to use it to look up information using their smart is just algorithms mapped out by really in different ways. That’s something that phone devices. Part of it is multitasking, but smart people who are anticipating what maybe has to be addressed as a procedural putting aside the attention-dividing deficits conditions are likely to occur. So, yes, requirement, but there’s no question that of multitasking. People who are adept and there will be predictive coding and it will using visuals to explain helps people re- have a mindset of finding information are be commonplace because, and this is my member and understand. running circles around the people who view, it’s going to have to happen. You won’t Richardson: I don’t think we are far are waiting for the mother bird to bring be able to review all of this data that we’re away from a time period where some of the the worm home to them. That’s the way now having to deal with and the amount of wearable technology could have an impact I look at. That’s the digital divide. I don’t data is growing exponentially. You’re going on trials as well. Already, you’re starting think the digital divide is as much about to have to have some system for filtering. I to see more lawyers wear an Apple watch how much money you have, but about think it’s inevitable. or something like that and have somebody your resourcefulness and your curiosity sitting in the back of the courtroom feeding and acting on that curiosity. We’ve never Stein: Over the next 25 years, do you information or alerting them to something lived in a world where there has been more see any other technological advances on they may have missed. We’re already at information instantaneously available to the horizon that could change the way we that point where the technology that we’re you in your pocket, at your fingertips, then practice law? I know it’s a broad question wearing can assist us in different ways and we are today and that’s just where we’re but, for instance, do you see more products I think that’s going to be happening more going to be for the foreseeable future. like Legal Zoom that try to chip away at and more in the future. I’m not saying we what used to be exclusively a function of a need to become Robocop, but I do think David M. Stein is a partner lawyer and automate it and package it and we’re going to become smarter. Already in the New Orleans office give it to the consumer? of Adams and Reese, today your opponent mentions a case that L.L.P. Pete (PJ) Kee, Sr. Richardson: Technology will give us he “forgot” to give you until the day of trial is an associate in the New assistance in various different ways. One and we have the technology with laptops, Orleans office of Jones of things that technology does really well iPhones and iPads to quickly shepardize or Walker LLP. Both are is, when you have a lot of information, it members of the 2015-16 key cite the case and decide why that case Leadership LSBA Class. can help make intelligent decisions about is inapplicable right there in the courtroom. ([email protected]; that information because it can quickly go Years ago, you didn’t have the ability to Ste. 4500, 701 Poydras St., through it and give you output. We talked research while you were approaching the New Orleans, LA 70139) about that in the context of discovery pro- ([email protected]; bench and I think that technology has some 201 St. Charles Ave., duction with predictive coding. But it is just opportunities to assist lawyers in trials in 47th Flr., New Orleans, as useful in other areas. I can see technol- those ways as well. LA 70130) ogy that can look at all of the information that you have on a case and help you put Kee: We’ve talked about practicing law- together timelines or make connections that yers, but how do you see this affecting law you might miss because we’re just talking students? Is this something you’re asking
Louisiana Bar Journal Vol. 64, No. 1 41 Future of Louisiana’s Ethics and Professionalism Rules: As Technology Changes, Will Ethics Stay the Same? By Cassandra R. Hewlings
f Dane Ciolino had it his way, the Then that same question was raised with through “deal-of-the-day” websites such future of Louisiana’s ethics and regard to cell phones, and then email, as Groupon (Formal Opinion 465); and professionalism rules would be and now storage of information in the cautioning that a lawyer may not attempt rather dull. cloud,” Ciolino says. “The questions are to access information on a juror’s social IAs the Louisiana State Bar Association always asked when new technologies media accounts that the juror has not reflects on where it has been in its first 75 come along, and eventually the answer is made public (Formal Opinion 466). In years, it is only natural to look forward first, ‘Yes,’ and then later, ‘Of course.’” other words, a lawyer cannot send a and ponder what lies ahead. It is easy to There is a lot to talk about these “friend request” to a juror on Facebook. wonder what novel technologies today days as far as new technology and its The ABA is not alone, either. A will be commonplace to attorneys years integration into the legal profession, number of states have issued ethics from now, or how the legal profession such as the use of social media, online opinions targeted at the use of a specific will be accessed by clients in the future. review sites such as Yelp and Avvo, and technology, with at least seven states -- But as far as the Louisiana Rules of cloud computing and virtual offices. North Carolina, Massachusetts, Oregon, Professional Conduct are concerned, As Ciolino notes, Louisiana tends to Florida, New York, Pennsylvania and Ciolino cautions against revising the follow the American Bar Association Iowa -- having opined in the last five rules to address each advancement in (ABA) in terms of modeling its ethics to six years on the use of cloud-based technology. That’s because, regardless and professionalism rules, and the storage of client information. of the technology, he says, ethics issues ABA is constantly grappling with the As the breadth of these opinions generally remain the same when that reconciliation of new technologies with suggest, each new technology comes technology is applied to the practice of ethical obligations. with its own set of ethical pitfalls and, law. Still, the ethics expert and Loyola Indeed, the ABA has issued a number unfortunately, cautionary tales from University law professor notes, as each of Formal Opinions in recent years that lawyers who fail to mind them. Most new technology integrates into the relate to the permissible use of specific recently, for instance, the Indiana practice of law, the questions of how and technology by lawyers and judges. Just in Supreme Court disbarred a lawyer for what extent the ethics rules address the the last three years, the ABA has released manipulating his Avvo reviews. In In use of technology always arise. formal opinions discussing the use of the Matter of David J. Steele, attorney “I remember when fax machines first social media by judges (Formal Opinion David J. Steele enacted a system came out, the issue was can you send 462); identifying the ethical pitfalls of reward and punishment for his confidential communications over fax. associated with lawyers marketing clients, providing monetary incentives
42 June / July 2016 Technology and Innovation: What Does the Next 25 Years Hold for the Louisiana State Bar Association and the Legal Profession?
for positive reviews, and releasing same,” Ciolino says. “New technologies Instead, Ciolino says, Louisiana’s confidential information and making just give lawyers the opportunity to ethics and professionalism rules false statements for negative reviews. For violate the rules on a much grander should stay true to the state’s civilian this, the Court found Steele violated the scale.” roots and maintain broad, generalized duties of confidentiality to existing and Using Louisiana’s rules regarding rules that can flex and adapt to new former clients in Indiana Professional advertising a lawyer’s services, Ciolino technologies. Conduct Rules 1.6 and 1.9(c), and the notes that the detail to which those All of which is to say that, in Ciolino’s duty to refrain from making false or rules regulate lawyer conduct may be mind, perhaps the more technology misleading communications about the unnecessary. The rules contained in changes, the more ethics issues stay lawyer or the lawyer’s services embodied Article 7, “Information about Legal the same. in Rule 7.1. Services,” of the Louisiana Rules of Despite the fact that online reviews Professional Conduct were adopted in Cassandra R. Hewlings of legal services are relatively new, 2008 and became effective in 2009, is an associate in the New Orleans firm of Krebs each advancement in technology does although some rules have been amended Farley, P.L.L.C., and is not necessarily require an amendment since then. a member of the 2015- or addition to Louisiana’s ethical rules, “At their core, the rules prohibit false 16 Leadership LSBA Ciolino says. and misleading ads,” he says. “That’s Class. (chewlings@ kfplaw.com; Ste. 2500, “Rules don’t really need to be changed true whether you’re doing it on a stone 400 Poydras St., New to accommodate new technologies tablet or Snapchat, so I don’t think we Orleans, LA 70130) because all of the ethical issues are the need new rules for those.”
Louisiana Bar Journal Vol. 64, No. 1 43 A Look Back: The Louisiana Bar Published from 1942-1953
44 June / July 2016 Watch for “A Look Back” in future issues of the Louisiana Bar Journal. The LSBA will celebrate the 75th Anniversary of the Association all year long! Email Darlene LaBranche at [email protected] with your historical perspectives or news items.
Louisiana Bar Journal Vol. 64, No. 1 45 Association Actions Officers & Board... IOLTA... specialization
2016-2017 Officers and Board of Governors
Officers 2016-17 Hubbell and was recognized by Louisi- in the House of Delegates (15th Judi- Officers 2016-17 ana Super Lawyers (2008-present), Best cial District). She was a member of the Darrel J. Papillion Lawyers in America (2015-present) and LSBA’s Client Assistance Fund Com- President the Baton Rouge Business Report’s Top mittee and a member of the Louisiana Darrel J. Papillion 40 Under 40 (2006). In his community, Board of Legal Specialization. She also is a partner in the he was the 2013-14 president of the Ro- was a member of the Committee to Re- Baton Rouge firm of tary Club of Baton Rouge. view Proposed Changes to the Louisiana Walters, Papillion, Darrel and his wife, Shirley, have been Bar Exam I and II. She has held several Thomas, Cullens, married for 25 years and are the parents leadership positions in the LSBA’s Young L.L.C. He received of two children. Lawyers Division, including chair, chair- a BA degree in 1990 12345 Perkins Rd., Bldg. One elect, secretary and District 3 Council from Louisiana State Baton Rouge, LA 70810 representative. She received the LSBA’s University and his JD (225)236-3638 • fax (225)236-3650 President’s Award in 2009 and the Out- degree in 1994 from Darrel J. Papillion email: [email protected] standing Young Lawyer Award in 1999. LSU Paul M. Hebert website: www.lawbr.net She was a member of the Lafayette Law Center. He was Bar Association’s board of directors and admitted to practice in Louisiana in 1994. Dona Kay Renegar served for several years on the Louisiana Darrel served as president-elect of the President-Elect Bar Foundation’s Grants Committee. She Louisiana State Bar Association (LSBA). Dona Kay Ren- is a past president of the John M. Duhe, He served two terms on the LSBA’s Board egar is a member in Jr. American Inn of Court. of Governors as the Fifth District repre- the Lafayette office In her community, Dona is an instruc- sentative and as an at-large member. He of Huval, Veazey, tor of the “Parents and the Law” course co-chaired the LSBA’s Continuing Legal Felder & Renegar, and is an avid sports fan of the University Education Committee (2009-16), chaired L.L.C. She received of Louisiana-Lafayette. the Ethics Advisory Service Committee two BA degrees, 2 Flagg Place, Lafayette, LA 70508 (2002-04) and was a member of the Federal magna cum laude, in (337)234-5350 • fax (337)234-5310 Bench-Bar Liaison Committee (2000-06). 1988 in English and email: [email protected] He also served several terms in the House French, both from Dona Kay Renegar of Delegates. He received the 2005 LSBA the University of Alainna R. Mire Young Lawyers Section’s Hon. Michaelle Louisiana-Lafayette. She was named the Secretary Pitard Wynne Professionalism Award. Fall 1988 Outstanding Graduate at the Alainna R. Mire He is a member of the board of di- University of Louisiana-Lafayette. She is the chief resilience rectors of the Louisiana Bar Foundation received her JD degree, cum laude, in officer and an assis- (2009-present). He was a member of the 1992 from Tulane Law School. She was tant attorney for the U.S. District Court Middle District of admitted to practice in Louisiana in 1992. City of Alexandria Louisiana Magistrate Selection Commit- Dona served a three-year term as the and a former human tee in 2013 and served as 2013-14 presi- Third District representative on the Loui- resources director. dent of the Baton Rouge Bar Association. siana State Bar Association’s (LSBA) She received a BA Darrel is AV-rated by Martindale- Board of Governors and also served degree in political Alainna R. Mire
46 June / July 2016 science in 2000 from Louisiana State have been married for 17 years and are the ognized by other publications, including University and her JD/BCL degree in parents of three children. Benchmark Litigation, Super Lawyers 2004 from LSU Paul M. Hebert Law Ste. 2400, 909 Poydras St. and The Best Lawyers in America. Center. She was admitted to practice in New Orleans, LA 70112 Mark was appointed to the National Louisiana in 2004. (504)589-9700 • fax (504)589-9701 Center for State Courts’ Lawyers Com- Serving the second year of a two-year email: [email protected] mittee and to the Louisiana Supreme term as secretary, Alainna also served as website: www.barrassousdin.com Court’s Post-Conviction Relief Ad Hoc Louisiana State Bar Association (LSBA) Committee. He has edited the American Young Lawyers Division chair, chair- Mark A. Cunningham Bar Association’s Trade Associations elect, secretary and District 6 Council Immediate Past President Committee newsletter since 2003 and representative. She served on the LSBA’s Mark A. Cunning- has been an American Bar Foundation Board of Governors as House of Del- ham is a partner with Fellow since 2011. egates Liaison Committee chair. the Corporate Com- He is a former board chair of WRBH A former officer of the Central Louisi- pliance and White Radio for the Blind and Print Handicapped ana Pro Bono Project and chair of the Al- Collar Defense Team and a former board member for the New exandria Bar Association’s Young Law- in the New Orleans Orleans Center for the Creative Arts. yers Council, she is a member of the Al- office of Jones Walk- Mark and his wife, Meredith, have exandria Bar Association, the American er LLP. He received been married for 16 years and are the Bar Association and the Louisiana Bar a BA degree in 1989 parents of three children. Foundation’s Budget Committee. She is from Claremont Col- Mark A. 201 St. Charles Ave., 50th Flr. currently serving as chair of the United leges (Pitzer Col- Cunningham New Orleans, LA 70170-5100 Way of Central Louisiana. lege), his JD degree (504)582-8536 • fax (504)589-8536 915 3rd St., Alexandria, LA 71301 in 1992 from Tulane University Law email: [email protected] (318)449-5046 • fax (318)449-5019 School (senior managing editor, Tulane website: www.joneswalker.com email: [email protected] Law Review, 1992) and an LLM (Trade website: www.cityofalexandriala.com Regulation) degree in 1994 from New BoardBoard of of Governors Governors 2016-17 2016-17 York University Law School. He was ad- H. Minor Pipes III mitted to practice in Louisiana in 1996. Patrick A. Talley, Jr. Treasurer Before entering private practice, he First Board District H. Minor Pipes III clerked for U.S. District Court Judges Patrick A. Talley, is a founding member Sarah S. Vance and Charles Schwartz, Jr. Jr. is a partner in the of the New Orleans He has been an adjunct professor of anti- New Orleans office of firm of Barrasso Usdin trust law at Loyola University College of Phelps Dunbar, L.L.P. Kupperman Freeman Law since 2001. He received a BA & Sarver, L.L.C. He Mark has served in several leadership degree in 1976 from received a BA degree in positions for the Louisiana State Bar As- Armstrong College, 1991 from Penn State sociation (LSBA), including president, his JD degree in 1982 University and his JD president-elect, treasurer, secretary, Loui- from Louisiana State H. Minor Pipes III Patrick A. Talley, Jr. degree in 1996 from siana Bar Journal editor and Executive University Paul M. Louisiana State Uni- Committee member. He also served on Hebert Law Center versity Paul M. Hebert Law Center. He was the Board of Governors and in the House and an LLM in Energy and Environmental admitted to practice in Louisiana in 1996. of Delegates. He chaired the LSBA Law- Law in 1993 from Tulane Law School. He Minor represented the First District yer Advertising Committee from 2000- was admitted to practice in Louisiana in on the Louisiana State Bar Association’s 04 and has served on the Committee on 1980. He also is admitted in Texas. (LSBA) Board of Governors and has the Profession and the Client Assistance Patrick has served on the Louisiana served in the House of Delegates. He has Fund Committee. State Bar Association’s (LSBA) Board of co-chaired the LSBA’s Summer School He serves on the boards of directors of Governors since 2014. Prior to this service, for Lawyers. He was a member of the the Louisiana Center for Law and Civic he was a member of the LSBA’s House of Leadership LSBA Class in 2002 and Education (president, 2011-14), the New Delegates (since 1994). He is a member of received the LSBA President’s Award in Orleans Regional Leadership Institute the Louisiana Bar Foundation. 2009. He served as 2015-16 president of and the New Orleans Bar Association. He is a member of the New Orleans, the Louisiana Bar Foundation. He chaired The Pro Bono Project (New American, Federal, 5th Circuit and Baton In his community, he volunteers his Orleans) in 2009-10 and received the Rouge bar associations, the State Bar of time with the Hogs for the Cause program, Project’s 2009 Leadership Award and the Texas, the National Association of Rail- Kid Smart and Trinity Episcopal School. Project’s 2007 and 2008 Distinguished road Trial Counsel (Executive Committee Minor and his wife, Jill McKay Pipes, Service Award. He has been annually rec- member), the Maritime Law Association of
Louisiana Bar Journal Vol. 64, No. 1 47 the United States (proctor), among others. Skylar and his wife, Brittany Rosen- families in injury and He is AV-rated by Martindale-Hubbell bloom, have been married for five years death cases. He re- and has been recognized in several editions and are the parents of two children. ceived a BA degree in of Best Lawyers in America, including as 201 St. Charles Ave., 46th Flr. 1997 from Louisiana the 2016 New Orleans Lawyer of the Year New Orleans, LA70170 State University and in railroad law. He also has been recognized (504)556-5507 • fax (504)586-5250 his JD degree in 2001 in several editions of Louisiana Super email: [email protected] from LSU Paul M. Lawyers and in New Orleans CityBusiness’ website: www.fishmanhaygood.com Hebert Law Center. “Leadership in Law.” He was admitted to In his community, Patrick currently John E. McAuliffe, Jr. practice in Louisiana Blake R. David serves on the boards of the Louisiana Second Board District in 2001. Southeast Council Boy Scouts of America John E. (Eddie) Blake served in the Louisiana State and Holy Name of Jesus School. He also McAuliffe, Jr. is an at- Bar Association’s (LSBA) House of Del- was a member of the Louisiana Recovery torney in the Metairie egates from 2010-12. He was a presenter Authority (Environmental Task Force office of Frederick A. for the LSBA’s Admiralty Symposium member), the New Orleans Charter Schools Miller & Associates. from 2009-15 and for the LSBA’s CLE Foundation (vice president), Pi Kappa He received a BS “Preparing and Handling the Big Case” Alpha Fraternity (international president), degree in account- in 2012 and 2013. He was the recipient the Carrollton Boosters, Inc. (president), ing in 1975 from the of the LSBA Young Lawyers Division’s the Louisiana Children’s Museum, St. University of New Outstanding Young Lawyer Award in George Episcopal School (trustee) and the Orleans and his JD John E. 2009. McAuliffe, Jr. Academy of the Sacred Heart (president). degree in 1978 from He is Maritime Section chair and a Ste. 2000, 365 Canal St. Loyola University Board of Governors member for the Loui- New Orleans, LA 70130-6534 Law School. He was admitted to practice siana Association for Justice. He is a for- (504)584-9220 • fax (504)568-9130 in Louisiana in 1978. mer president of the Lafayette Bar Associ- email: [email protected] Eddie chairs the Louisiana State Bar As- ation and serves on the Foundation Board. website: www.phelpsdunbar.com sociation’s (LSBA) Unauthorized Practice He is a former president of the Federal of Law Committee, has presented programs Bar Association’s Lafayette Chapter and D. Skylar Rosenbloom on State Court Rules and Motions for the of the American Inn of Court of Acadiana. First Board District LSBA’s Bridging the Gap CLE seminar, He is AV-rated by Martindale-Hubbell D. Skylar Rosen- and is a participant for the LSBA’s Law and was recognized by Louisiana Super bloom is an associate School Professionalism Orientations at Lawyers (2012-16), National Trial Law- in the New Orleans Loyola University College of Law. He yers Top 100 (2012-16) and the Lafayette office of Fishman received the LSBA President’s Award in Daily Advertiser (20 Under 40) in 2006. Haygood, L.L.P. He 2012 and the LSBA Pro Bono Publico In his community, Blake is a current received a BS degree Award in 2003. board member and a past chair of the in 2001 from George- He is a member of the Louisiana As- Lafayette Downtown Development Au- town University’s Mc- sociation of Defense Counsel, the New thority. He serves on the IberiaBank Ad- Donough School of Orleans Association of Defense Counsel visory Board, on the Miles Perret Cancer Business and his JD D. Skylar (president, 1998-99) and the New Orleans Services Board and with the Community Rosenbloom degree in 2007 from Bar Association. Foundation of Acadiana. He is a found- Washington and Lee University School Eddie and his wife, Jean, have been ing board member of the ABC Art Fund of Law. He was admitted to practice in married for 32 years and are the parents (executive committee). He is co-chair of Louisiana in 2007. He also is admitted of two children. Opus Christi Magnum fundraisers for in Washington, D.C. (2013) and in New Ste. 1700, 3850 N. Causeway Blvd. Catholic Charities of Acadiana and is a York (2014). Metairie, LA 70002 foundation board member and Eucharistic Skylar was a member of the Leadership (504)840-4909 • fax (504)835-3464 minister for Our Lady of Fatima Church. LSBA 2012-13 Class and is a member of email: eddie.mcauliffe.hpqo@state- He serves on the Acadiana Tigers board. the Louisiana State Bar Association’s Com- farm.com He is and his wife, Amber, have been mittee on the Profession and the Practice married for 11 years and are the parents of Assistance and Improvement Committee. Blake R. David three children. In his community, he is a member of Third Board District 557 Jefferson St., Lafayette, LA 70501 the National World War II Museum Young Blake R. David is founding partner of P.O. Box 3524, Lafayette, LA 70502 Benefactors and serves as a Louisiana the Lafayette firm of Broussard & Da- (337)233-2323 • fax (337)233-2353 Philharmonic Orchestra Prelude advisory vid, L.L.C., where he is a practicing trial email: [email protected] board member. lawyer representing individuals and their website: www.broussard-david.com
48 June / July 2016 J. Lee Hoffoss, Jr. degree in 1991 from Southern University Ed served as Louisiana State Bar As- Fourth Board District Law Center. He was admitted to practice sociation (LSBA) secretary and editor of J. Lee Hoffoss, in Louisiana in 1992. the Louisiana Bar Journal in 2012-13. Jr. is a partner in the Kevin has served in the Louisiana He continues to serve on the Louisiana Lake Charles firm State Bar Association’s (LSBA) House Bar Journal Editorial Board. He is cur- of Hoffoss Devall, of Delegates and is a member of the rently chair of the LSBA’s Senior Lawyers L.L.C. He received a LSBA’s Bar Governance Committee. He Division and is editor of the Division’s BA degree and an MA received the LSBA Young Lawyers Divi- quarterly e-newsletter, Seasoning. He degree in 2000 and sion’s Outstanding Young Lawyer Award also is a member of the LSBA’s Rules of 2001, respectively, in 2001. He serves on the board for the Professional Conduct Committee. from Louisiana Tech Louisiana Center for Law and Civic Edu- He received the LSU Law Center’s J. Lee Hoffoss, Jr. University and his JD cation. In 2014, he was named a Fellow Distinguished Alumnus Award in 2015, degree in 2004 from of the Louisiana Bar Foundation. the LSBA’s President’s Award in 2011, Southern University Law Center. He was He served as 2008 president of the the Louisiana Bar Foundation’s Distin- admitted to practice in Louisiana in 2004 Baton Rouge Bar Association (BRBA), guished Attorney Award in 2008 and the and in Texas in 2010. chaired the BRBA’s Young Lawyers Sec- Baton Rouge Bar Association’s President’s Lee served as chair, chair-elect, secre- tion in 1998 and received the BRBA’s Award in 1995, 1998 and 2014. He is a tary, immediate past chair and the Ameri- Judge Keogh Memorial Award in 2002. member of the American College of Trial can Bar Association’s Young Lawyers He was the 2010 president of the Asso- Lawyers, the International Academy of Division representative on the Louisiana ciation of Louisiana Lobbyists and is a Trial Lawyers and the LSU Law Center State Bar Association’s Young Lawyers member of the State Capitol Group and Board of Trustees. Division Council. He is a member of the the Supreme Court of Louisiana His- Ed and his wife, Norma, have been Louisiana Association for Justice, the torical Society. He was a member of the married for 47 years and are the parents Southwest Louisiana Bar Association 2011 Leadership Louisiana class for the of two children. and the Judge Albert Tate, Jr. American Council for a Better Louisiana. He was 12345 Perkins Rd., Bldg. One Inn of Court. recognized by the Baton Rouge Business Baton Rouge, LA 70810 He was chosen as a Young Lawyers Report (40 Under 40) in 2001. In 2014, (225)236-3636 • fax (225)236-3650 Fellow by the ABA GP Solo Division. He he was chosen as the Baton Rouge Gov- email: [email protected] also was recognized as a “Top 40 Under ernment Relations Lawyer of the Year by website: www.lawbr.net 40” trial lawyer and as a Louisiana Super Best Lawyers in America. Lawyers “Rising Star.” In his community, he is a member of Charles D. Elliott In his community, he works with St. the Rotary Club of Baton Rouge, the Ba- Sixth Board District Nicholas Center for Children and is a ton Rouge Area Chamber of Commerce Charles D. Elliott member of Immaculate Conception Ca- and First Presbyterian Church. is a partner in the Al- thedral. Kevin is the father of two children. exandria firm of Vilar Lee and his wife, Corlissa Nash Hof- Ste. 328, 412 N. 4th St. & Elliott, L.L.C. He foss, have been married for nine years Baton Rouge, LA 70802 received a BS degree and are the parents of three children. (225)268-2725 in science/math edu- 517 W. College St. email: [email protected] cation in 1986 from Lake Charles, LA 70605 website: www.hayesstrategicsolutions.com Louisiana Tech Uni- (337)433-2053 • fax (337)433-2055 versity, an MS degree Charles D. Elliott email: [email protected] Edward J. Walters, Jr. in computer science website: www.HDInjuryLaw.com Fifth Board District in 1989 from Louisiana State University Edward J. Walters, and his JD degree in 1993 from LSU Paul C. Kevin Hayes Jr. is a partner in the M. Hebert Law Center. He was admitted Fifth Board District Baton Rouge firm of to practice in Louisiana in 1993. C. Kevin Hayes is Walters, Papillion, Charles is a member of the Louisiana the owner of Hayes Thomas, Cullens, State Bar Association’s (LSBA) House Strategic Solutions, L.L.C. He received a of Delegates, a former member of the L.L.C., a governmen- BS degree in account- Board of Governors and a member of tal relations and lob- ing in 1969 from Loui- the LSBA’s Legal Malpractice Insurance bying firm in Baton siana State University Committee. Rouge. He received and his JD degree in Edward J. He is a member of the Alexandria Bar Walters, Jr. a BA degree in 1987 1975 from LSU Law Association, the Alexandria Crossroads from Louisiana State School. He was admitted to practice in Inn of Court and the Louisiana Associa- C. Kevin Hayes University and his JD Louisiana in April 1976. tion for Justice. He is president of the
Louisiana Bar Journal Vol. 64, No. 1 49 Central Louisiana Pro Bono Project. Marjorie L. (Meg) Frazier the BRBA’s President’s Award. In his community, he serves on the Eighth Board District In his community, he is a member of Salvation Army’s board. He is the father Marjorie L. (Meg) First United Methodist Church. of one child. Frazier is a share- Scotty and his wife, Katie D. Chabert, 3709 Masonic Dr. holder in the Shreve- have been married for seven and a half Alexandria, LA 71301 port firm of Wiener, years and are the parents of three children. (318)442-9533 • fax (318)442-9532 Weiss & Madison, 6525 Perkins Rd. email: [email protected] A.P.C. She received Baton Rouge, LA 70808 website: www.fvelaw.com a BA degree in 2001 (225)771-8100 • fax (225)771-8101 from Hendrix College email: [email protected] C. A. (Hap) Martin III and her JD degree in website: www.saunderschabert.com 2004 from Washing- Marjorie L. (Meg) Seventh Board District Frazier C. A. (Hap) Martin ton University in St. John M. Frazier III is a member in Louis. She was admitted to practice in At-Large Member the Monroe firm of Ohio in 2004, in Arkansas in 2009 and in John M. Frazier is Shotwell, Brown & Louisiana in 2010. a shareholder in the Sperry, A.P.L.C. He Meg is a member of the Shreveport Bar Shreveport law firm received a BS degree Association and the Society for Human of Wiener, Weiss & in civil engineering in Resources Management. Madison, A.P.C. He 1977 from Louisiana In her community, she is a member of also has worked as an Tech University and C. A. (Hap) the Junior League of Shreveport/Bossier assistant city attorney his JD degree in 1980 Martin III and is a youth basketball coach. for the City of Shreve- from Louisiana State Ste. 2350, 333 Texas St. port for more than 35 John M. Frazier University Paul M. Hebert Law Center. Shreveport, LA 71101 years. He attended He was admitted to practice in Louisiana (318)213-9205 • fax (318)424-5128 Louisiana Tech Uni- in 1980. email: [email protected] versity and received his JD degree in Hap is a former member of the Louisi- website: www.wwmlaw.com 1976 from Louisiana State University ana State Bar Association’s (LSBA) House Paul M. Hebert Law Center. He was ad- of Delegates. He serves on the Governing Scotty E. Chabert, Jr. mitted to practice in Louisiana in 1976. Council of the LSBA’s Insurance, Tort, Chair, Young Lawyers Division John served in the Louisiana State Workers’ Compensation and Admiralty Scotty E. Chabert, Bar Association’s (LSBA) House of Del- Law Section and is a member of the LSBA’s Jr. is an assistant dis- egates, on the LSBA’s Board of Gover- Alternative Dispute Resolution Section. trict attorney for the nors as the Eighth District representative He is a member of the American 18th Judicial District and on the LSBA’s Committee to Review Arbitration Association, serving on the and a partner in the Proposed Changes to the Louisiana Bar Commercial Arbitration Panel and the Baton Rouge law firm Exam. He also was a member of the LS- Construction Arbitration Panel. He also of Saunders & Chabert. BA’s Legislation Committee and Nomi- is a master emeritus of the Fred Fudickar He previously served nating Committee and chaired the Out- Inn of Court. as an adjunct professor reach Committee. at Southern University Scotty E. In his community, he is a member of Chabert, Jr. He is a former president of the Shreve- St. Paul’s United Methodist Church and Law Center. He re- port Bar Association, a former president has held several leadership positions in ceived a BS degree in 2002 from Louisiana of the Shreveport Bar Foundation and a his denomination on the local, district and State University and his JD degree in 2006 former chair of the board of directors of conference levels. He also has volunteered from Southern University Law Center. He the Caddo Parish Public Defenders’ Of- with the Louisiana Purchase Council of the was admitted to practice in the state and fice. He received the Shreveport Bar As- Boy Scouts of America and with several federal courts of Louisiana in 2006 and in sociation’s Professionalism Award. He youth sports organizations. Mississippi in 2007. served on the Louisiana State Senate Cit- Hap and his wife, Diane Caraway Mar- Scotty served as chair-elect, secretary izens’ Committee on Indigent Defense. tin, have been married for 38 years and are and District 5 representative on the Louisi- In his community, he served as presi- the parents of two children. ana State Bar Association’s (LSBA) Young dent of the Shreveport Chamber of Com- 1101 Royal Ave., Monroe, LA 71201 Lawyers Division Council. He was a mem- merce and president of the Shreveport P.O. Box 14140 ber of the 2009-10 Leadership LSBA Class Committee of One Hundred. He chaired Monroe, LA 71207-4140 and co-chaired the 2010-11 Leadership the Independence Bowl and served as (318)388-4700 • fax (318)388-4736 LSBA Class. He is a past chair of the Baton board and campaign chair of the United email: [email protected] Rouge Bar Association’s (BRBA) Young Way of Northwest Louisiana. In 1996, he Lawyers Section and a 2010 recipient of carried the Olympic torch on one leg of
50 June / July 2016 the relay in connection with the Atlanta Jermaine Guillory Award and the Outstanding Research in Olympics. He is the recipient of the Clyde At-Large Member Law Faculty Award and is a three-time E. Fant Memorial Award for Community Jermaine Guillory honoree of Professor of the Year. Service presented by the United Way is section chief for the In her community, she is a board mem- of Northwest Louisiana and the Distin- 19th Judicial District ber for Cancer Crusaders, a member of the guished Leadership Award presented by Attorney’s Office. He Lakeview Civic Improvement Association the National Association of Community received a BA degree and a board member for Archbishop Cha- Leadership Organizations. in 2005 from McNeese pelle High School. John and his wife, Alice, have been State University and Monica and her husband, Todd Wal- married for 42 years and are the parents his JD degree in 2008 lace, have been married for 14 years and of a daughter, Meg, also a shareholder in from Louisiana State are the parents of two children. Jermaine Guillory Wiener, Weiss & Madison, A.P.C. University Paul M. 526 Pine St., Room 411 P.O. Box 21990, Shreveport, LA 71120 Hebert Law Center. New Orleans, LA 70115 (318)226-9100 • fax (318)424-5128 He was admitted to practice in Louisiana (504)861-5670 • fax (504)861-5733 email: [email protected] in 2008. email:[email protected] website: www.wwmlaw.com Jermaine has served as a mock trial website: www.law.loyno.edu team coach for Mentorship Academy. He Rachael D. Johnson has participated in various community out- Donald W. North At-Large Member reach activities with the district attorney’s Faculty, Southern University Law Center Rachael D. John- office including neighborhood canvass and Donald W. North son is senior staff at- cleanup. He was honored as Outstanding is a law professor at torney with the Law Prosecutor in 2014. Southern University Offices of Julie E. He and his wife, Stephanie, were re- Law Center. He joined Vaicius (employees of cently married. the faculty in 1998. He The Hartford) in Me- 222 St. Louis St., Baton Rouge, LA 70802 received a BS degree tairie. She received (225)389-8846 • fax (225)389-8947 in political science in a BA degree in psy- email: [email protected] 1980 from Grambling chology in 1998 from Rachael D. Johnson State University and Donald W. North Spelman College in Monica Hof Wallace his JD degree in 1983 Atlanta, Ga., an MSW Faculty, Loyola University College of Law from Southern Uni- degree in 2000 from Smith College Monica Hof Wal- versity Law Center. He was admitted to School for Social Work in Northampton, lace is the Dean practice in Louisiana in 1984. He also is Mass., and her JD degree in 2005 from Marcel Garsaud, Jr. admitted to the U.S. District Court for the Tulane University Law School. She was Distinguished Profes- Middle District of Louisiana and the U.S. admitted to practice in Louisiana in 2005 sor of Law at Loyola 5th Circuit Court of Appeals. and in Florida in 2006. University College of Also, he is a 1988 graduate of the Rachael has participated in Louisiana Law. She received a Combined Army and Services Staff Col- State Bar Association Diversity Commit- BS degree, cum laude, lege in Fort Leavenworth, Kan., and a tee projects as a member of the Louis A. in finance in 1993 Monica Hof 1997 graduate of the Command General Martinet Legal Society, Inc. Executive from Louisiana State Wallace Staff College, also in Fort Leavenworth. Board. University and her JD He served on the Louisiana State Bar She is a board member of the Louisi- degree, summa cum laude, in 1998 from Association’s (LSBA) Board of Governors ana Association of Defense Counsel, the Loyola University College of Law. She for several terms and has served on the Pro Bono Project and the New Orleans was admitted to practice in Louisiana in LSBA’s Committee on the Profession and Bar Association. She is a 2015 graduate 1998. Before entering private practice, she the Client Assistance Fund Committee. He is of the Loyola Institute of Politics. clerked for Judge Jacques L. Wiener, Jr. of a member of the American Bar Association. In her community, Rachael is a mem- the U.S. 5th Circuit and Judge Barry Ted In his community, Donald is a church ber of the New Orleans Chapter of The Moskowitz of the U.S. District Court in deacon, volunteers with the Zachary Food Links and a board member of the Paul S. San Diego. Bank and is a pro bono worker at Baton Morton Scholarship Foundation. Monica is a reporter for the Louisiana Rouge City Court. Ste. 1040, 3900 N. Causeway Blvd. State Law Institute’s Tutorship Procedure He and his wife, Jyotibala, have been Metairie, LA 70002 Committee, an Educating Tomorrow’s married for 28 years and are the parents (504)836-2775 • fax (504)831-9815 Lawyers Fellow and a member of the St. of two children. email: [email protected] Thomas More Inn of Court Executive P.O. Box 9294, Baton Rouge, LA 70813 Committee. She received the Gillis Long (225)505-6714 • fax (225)771-6296 Poverty Law Center’s Public Service email: [email protected]
Louisiana Bar Journal Vol. 64, No. 1 51 Kevin C. Curry in broadcast journalism practice in Louisiana in 2003. Louisiana State Law Institute in 1993, she earned her Jacob serves in the Louisiana State Bar Kevin C. Curry is JD/BCL degree in 2005 Association’s (LSBA) House of Delegates, a partner in the Baton from Louisiana State representing the 25th Judicial District Rouge firm of Kean University Paul M. (Plaquemines Parish). He also has partici- Miller, L.L.P. He re- Hebert Law Center. She pated as a judge in the LSBA Young Lawyers ceived a BS degree was admitted to practice Division’s mock trial competitions. in accounting in 1991 in Louisiana in 2005. He is a member of the Plaquemines from Louisiana State Julie is a member of Parish Bar Association, the Jefferson Bar University, his JD de- the Louisiana State Bar Julie Baxter Payer Association, the Louisiana Association gree in 1994 from LSU Association’s (LSBA) for Justice, the American Association for Paul M. Hebert Law Kevin C. Curry House of Delegates, co-chairs the Public Justice and the Louisiana Association of Center (Order of the Information Committee and serves on the Independent Land Title Agents. Coif) and an LLM degree in taxation in Summer School CLE Committee. She also Jacob and his wife, Erin O. Braud, have 1995 from New York University. He was served on the LSBA’s Legislation Commit- been married for nine years and are the admitted to practice in Louisiana in 1994. tee from 2008-11. She is a member of the parents of three children. Kevin is a board-certified tax law special- Baton Rouge Bar Association and the Wex Ste. 101, 8114 Highway 23 ist and a board-certified estate planning and Malone American Inn of Court. Belle Chasse, LA 70037 administration specialist, both certified by She received the Edward R. Murrow (504)394-9841 • fax (504)394-9945 the Louisiana Board of Legal Specializa- Award for television investigative report- email: [email protected] tion. He is a member and former chair of ing, is a Distinguished Academy Fellow website: www.NolaAttorneys.com the Estate Planning and Administration with the Academy of Applied Politics in Advisory Commission. the LSU Manship School of Mass Com- Sandra K. Cosby He has been a Louisiana State Law In- munications, and was named one of the Member, House of Delegates stitute Council member since 2004, serving “Top 40 Under 40” by the Baton Rouge Liaison Committee on various committees. He is a member and Business Report in 2004. Sandra K. Cosby former president of the Estate and Business In her community, she is board president is an associate with Planning Council of Baton Rouge. He has for both Rebuilding Together Baton Rouge Frederick A. Miller volunteered for the Louisiana State Bar and The ARC Baton Rouge. She has vol- & Associates in Me- Association’s Wills for Heroes program, is unteered as a mentor in public schools. She tairie. She received AV-rated by Martindale-Hubbell and has is the founding chair of the Tiffany Circle a BA degree in 1974 been listed in Louisiana Super Lawyers. Society of Women Leaders and previously from Lincoln Memo- In his community, he serves as a board served on the boards of the Baton Rouge rial University and her member for the Ollie Steele Burden Manor, Blues Foundation, Yelp! Baton Rouge and JD degree, magna cum Inc. and recently completed several years of the Capital City Rotary Club. laude, in 1990 from Sandra K. Cosby service as treasurer for St. James Episcopal 900 North Third St. Loyola University Law Church in Baton Rouge. Baton Rouge, LA 70802 School. She was admitted to practice in Kevin and his wife, Melissa N. Curry, (225)223-0332 • fax (225)377-2343 Louisiana in 1990. have been married for 20 years and are the email: [email protected] Sandra serves in the Louisiana State Bar parents of two children. website: www.juliebaxterlaw.com Association’s (LSBA) House of Delegates Ste. B, 5035 Bluebonnet Blvd. and is a former chair and current member of Baton Rouge, LA 70809 S. Jacob Braud the Committee on the Profession (previously (225)382-3484 • fax (225)215-4084 Member, House of Delegates the Professionalism and Quality of Life Com- email: [email protected] Liaison Committee mittee). She is co-chair of the Loyola Law website: www.keanmiller.com S. Jacob Braud is School Professionalism Orientation. She is a partner in the Belle a member of the Louisiana Bar Foundation. Julie Baxter Payer Chasse firm of Bal- She was case note and quantum editor Chair, House of Delegates lay, Braud & Colon, of the Loyola Law Review from 1989-90 Liaison Committee P.L.C. He received a and was a Loyola Moot Court semi-finalist. Julie Baxter Payer is deputy chief of staff BA degree in mass She is a former president and member of for communications/legal/special projects communications in the local advisory board of directors for the for Louisiana Gov. John Bel Edwards. She 1999 from Louisiana American Lung Association of Louisiana. formerly served as senior communications State University and 3850 N. Causeway Blvd., 1700 Lakeway II advisor for the Louisiana Legislative Au- his JD degree in 2002 S. Jacob Braud Metairie, LA 70002 ditor’s Office and as staff counsel for the from Loyola Univer- (504)452-7719 • fax (855)847-1379 Louisiana Senate. After earning a BA degree sity College of Law. He was admitted to email: [email protected]
52 June / July 2016 Rule Change Addresses Unidentified Funds in IOLTA Accounts
ffective March 23, the judgment under this paragraph (h).” The rule does not provide for the Louisiana Supreme Court Paragraph (h) also includes a provision remittance of unclaimed funds, whose amended Louisiana Rule regarding the refund of unidentified owner is known but to whom payment of Professional Conduct funds remitted to the Louisiana Bar cannot be effected (typically because E1.15 concerning how lawyers and law Foundation in error. the owner cannot be located or will not firms should handle unidentified funds Unidentified funds in IOLTA cash a check). Unclaimed funds should accumulated in their IOLTA accounts. accounts commonly result from be handled in accordance with the The amended rule directs lawyers bookkeeping errors, mistaken bank provisions of the Louisiana Unclaimed who discover unidentified funds in an interest payments or failures to collect Property Act. IOLTA account for at least one year, earned fees in a timely manner. The The Louisiana Bar Foundation and, after reasonable due diligence, resulting unidentified fund balances has published additional guidance those funds cannot be documented as cannot be traced to a client or third-party for lawyers, including detailed belonging to a client, a third person or owner. The amendments to Rule 1.15 instructions for remitting unidentified the lawyer or law firm, to remit the funds provide a mechanism for lawyers or their funds and claiming refunds, on its to the Louisiana Bar Foundation. successors to remove unidentified funds website: http://raisingthebar.org/iolta/ The heart of the changes to the rule is from IOLTA accounts after making IOLTAAttorneys.asp. in new paragraphs (g)(7) and (h), which diligent efforts to identify the owner and Questions about the unidentified instruct lawyers about what to do after secure their return. Funds remitted to the funds rule should be directed to LBF discovering unidentified funds in an Louisiana Bar Foundation will support Executive Director Donna Cuneo IOLTA account. The rule provides that grants made to non-profit organizations at (504)561-1046 or email donna@ “no charge of misconduct shall attend providing civil legal aid to the poor raisingthebar.org. to a lawyer’s exercise of reasonable throughout Louisiana. Attorneys Qualify as Board-Certified Specialists
n accordance with the requirements The LBLS was established in 1993 Shorten of the Louisiana Board of Legal by the Louisiana Supreme Court to assist Specialization (LBLS) and the consumers in finding lawyers who have the Plan of Legal Specialization, the demonstrated ability and experience in distance! followingI individuals have satisfactorily specialized fields of law. To become a met the established criteria and are certified specialist, an attorney must be Easily join LSBA meetings qualified as board-certified specialists in an active member in good standing with without leaving the room - use your the following areas for a five-year period the Louisiana State Bar Association, office computer, iPad, iPhone, or which began Jan. 1, 2016, and will end have a minimum of five years of full- Android device and connect with on Dec. 31, 2020. time practice, demonstrate substantial others who may be on a wide experience in the specialty area and range of video systems. Attend a Estate Planning and Administration pass a written examination. Presently, video conferencing meeting with Beth-Anne Perez Bracey...... Metairie the areas of law for which the LBLS the help of the Louisiana State Bar Erin E. Kriksciun...... New Orleans is offering certification are appellate Association. Visit www.lsba.org/ practice, business bankruptcy law, goto/BlueJeans to find out more Family Law consumer bankruptcy law, estate planning information on how to schedule J. Marie Rudd...... Mandeville and administration, family law and tax your next meeting. Krystal R. Treadaway...... Metairie law. The LBLS anticipates offering specialization certification in employment Another benefit of membership Tax Law law and labor law in 2017. from the Louisiana State Bar Association Matthew P. Miller...... New Orleans For more information on specialization, Daniel J. Walter...... New Orleans email LBLS Executive Director Barbara M. Shafranski at [email protected].
Louisiana Bar Journal Vol. 64, No. 1 53 PracticeManagement By Nisha Sandhu Social Media and the courtroom
he highs and lows of litigation lend themselves to emotionally charged or misrepresentation. can present a particular dilemma proceedings, e.g., criminal law, family law, Grandstanding and courtroom theatrics for attorneys who may view domestic matters and successions since can be disastrous for the lawyer who sees court appearances as perfor- they involve lives, families and livelihoods. himself/herself as a rogue crusader. Law- manceT art but must understand that legal Regardless, lawyers must bear in mind yers hold a special privilege in society: performance has everything to do with the obligations to uphold the impartiality preserving the administration of justice, and integrity of court proceedings and to An attorney is trained at law, has not auditioning for an episode of “Law and preserve the administration of justice. Rule taken an oath, assumes a position of Order.” In the age of social media, lawyers 3.5, in part, prohibits a lawyer from seek- public trust and holds himself out to must take special care not to lose sight of ing to influence a judge, juror, prospective the public as being fit and capable ethical and professional standards. Here juror or other official by means prohibited of handling its funds and problems. are a few practical tips to keep in mind by law, from engaging in ex parte com- The attorney has assumed a position when faced with issues of social media munications with such a person during of responsibility to the law itself and and legal practice. the proceeding unless authorized to do so any disregard for the law is more First, no matter how strongly you may by law or court order, or from engaging serious than a breach by a layman feel, do not communicate over social in conduct intended to disrupt a tribunal. or non-lawyer. He is an officer of media about any pending legal matter in Whether the matter is civil or criminal, a the Court. In re Thomas, 38 So.3d which you are engaged, regardless of the lawyer cannot forfeit reasonableness to 248, 255 (La. 6/25/10). stage of litigation. It is not appropriate and impress a client or a courtroom gallery of extremely risky to post a Facebook com- observers or to influence the court. Keep professionalism and civility ment, tweet or blog about pending legal Finally, keep in mind that the First front-and-center. You will serve your cli- matters in which you are involved. Rule Amendment will not immunize a lawyer ents, your peers, the legal system and the 8.4(d) expressly prohibits a lawyer from from the consequences of his/her state- public with the value, respect and standards engaging in conduct that is prejudicial to ments about pending matters nor justify a expected. the administration of justice. This includes lawyer in making hard to prove or inap- online posts about pending proceedings, propriate accusations about proceedings.2 FOOTNOTES opposing counsel or court rulings. The In legal writing, lawyers may argue points 1. In re McCool, 172 So.3d 1058, (La. 6/30/15). dissemination of such “information” about court proceedings but are prohibited 2. In re Mire, 2016 La. LEXIS 228, 2015-1453 may be tantalizing, but it has no place from bringing non-meritorious and frivo- (La. 2/19/16). in legal advocacy. The risks also include lous claims. Making false and misleading 3. Gentile v. State Bar of Nevada, 501 U.S. violating prohibitions against revealing statements to a tribunal is misconduct. 1030, 111 S.Ct. 2720, 115 L. Ed. 2d 888 (1991) (in- ternal citations omitted). confidential information (Rule 1.6). Online Rules 3.1, 3.3, 8.2(a), 8.4(c). 4. In re Simon, 913 So.2d 816 (La. 6/29/05) posts about a lawyer’s current work only Lawyers are subject to restrictions on (analyzing Rule 8-102(B), the predecessor to Rule serve to compromise the judicial process “free speech” inside and outside of the 8.2(a)); see also, In re Mire, 2016 La. LEXIS 228 at by undermining the court’s impartiality courtroom.3 Rule 8.2(a) prohibits a lawyer p. 27 (discussing In re Simon and Louisiana State Bar Ass’n v. Karst, 428 So.2d 406 (La. 1983). or encouraging public debate about the from making a statement he/she knows to pending matter, thereby jeopardizing the be false or with reckless disregard as to its Nisha Sandhu is a con- fairness of the proceedings and possibly truth or falsity concerning the qualifications tract attorney for Gilsbar, leading to suspension or disbarment.1 In or integrity of a judge, adjudicatory officer L.L.C., in Covington. She received a BA degree in all cases, the proper method for challeng- or public legal officer, or of a candidate history from the Univer- ing a court’s ruling is appellate procedure. for election or appointment to judicial or sity of Chicago and her Second, never engage in personal, ad legal office. A lawyer’s unsubstantiated, JD degree from Loyola hominen attacks of the court, court person- subjective belief in the truth of the accu- University College of Law. Her practice includes ap- nel or opposing counsel. Lawyers have sations he/she has made will not excuse pellate law and criminal 4 displayed extraordinarily poor judgment the violation. Furthermore, Rule 8.4(c) defense. Email her at firm@ in response to courtroom setbacks, result- prohibits an attorney from engaging in nsacla.com. ing in sanctions. Certain areas of law may conduct involving dishonesty, fraud, deceit
54 June / July 2016 lawyersAssistance By J.E. (Buddy) Stockwell 75 years of hope, recovery and jlap
t is my humble honor to contribute to ease and how one might survive it, in 1958, structured to facilitate necessary fiduciary this issue of the Louisiana Bar Journal the Federation of State Medical Boards was oversight by the LSBA, clearing the way celebrating the 75th anniversary of already realizing that disciplinary complaints for the LSBA’s commitment to significantly the Louisiana State Bar Association against doctors are often rooted in their increase funding for LAP. This provided the (LSBA).I It’s a great opportunity also to own personal alcohol and drug problems. level of sponsorship necessary for LAP to reflect upon the history of our Judges and Two missions were presented: 1) saving finally mature into a top-tier professionals’ Lawyers Assistance Program, Inc. (JLAP) the lives of addicted physicians and helping program. and how far it has come in its mission to them overcome alcoholism and addiction to In 2015, and with the approval of the confidentially save lives and protect the regain their fitness to practice; and 2) pro- Louisiana Supreme Court, LAP was re- public from impaired lawyers and judges. tecting the public from impaired physicians named the Judges and Lawyers Assistance In 1941, when the LSBA was formed, in by requiring highly-effective treatment and Program (JLAP) so as to formally acknowl- that very same year, Pennsylvania Supreme recovery monitoring. edge that JLAP provides full services to all Court Justice Curtis Bok, then owner and According to the Federation of State classes of legal professionals, including all publisher of The Saturday Evening Post, Physicians Health Programs, it was not until members of the judiciary. JLAP’s statute had just learned about a new organization 1975 that the American Medical Associa- on confidentiality and immunity, La. R.S. called Alcoholics Anonymous (AA). Ac- tion officially acknowledged the problem 37:221, was amended to recognize JLAP’s cording to AA history,1 Justice Bok assigned of physician impairment. In the late 1970s, new name and also to formally broaden Jack Alexander, a “hard-nosed reporter,” there was an increase in education and the scope of JLAP’s mission to include all to investigate this new organization called awareness about physician addiction, and mental health issues, not just alcoholism AA: “The resulting 7,500-word article was “by 1980, all but three of the 54 U.S. medi- and addiction. published in the magazine on March 1, cal societies of all states and jurisdictions Moreover, in 2015, JLAP launched one 1941, putting Alcoholics Anonymous on the had authorized or implemented impaired of the most comprehensive LAP/JLAP map of public consciousness and spurring physician programs.”2 websites in the nation, offering a plethora of a dramatic increase in Big Book sales and The medical profession led the way in mental health information specific to each membership alike.” designing specific professionals’ program- category of persons JLAP assists, including It was big news. With AA, there was ming. Other professions soon followed. In lawyers, judges, law students, employees hope. Prior to that, the medical profession the 1980s, Judges and Lawyers Assistance and family members. Learn more at: www. had all but surrendered that there was no Programs began to spring up in various louisianajlap.com. effective treatment for alcoholism and that states. In Louisiana, the LSBA’s Impaired JLAP salutes the LSBA’s 75 years of a chronic alcoholic’s likely fate was some Professionals Committee was formed in service to the profession and is ever so combination of jails, institutions and death. 1985. Soon thereafter, in 1992 and under the grateful for the LSBA’s robust support of By 1949, the “Minnesota Model” of auspices of the LSBA and its newly-created JLAP’s mission to literally save lives and alcoholism treatment was pioneered by a Committee on Alcohol and Drug Abuse, the protect the public. If you or someone you small not-for-profit organization called the Lawyers Assistance Program, Inc. (LAP) know needs help, make a confidential call to Hazelden Foundation. This new approach was formed. JLAP at (985)778-0571 or visit the website. developed in the 1950s incorporated the AA In the last five years, LAP has dedicated principles for living into abstinence-based unflagging effort and industry toward im- FOOTNOTES inpatient treatment, dispensed by teams com- proving its programming. In 2013, LAP 1. www.aa.org/pages/en_US/aa-timeline. prised of alcoholics already in recovery and expanded its professional clinical staff and 2. www.fsphp.org/about. professional medical staff. It also included now has three licensed professional counsel- addiction education for the patients’ families. ors, all qualified to diagnose mental health J.E. (Buddy) Stockwell From 1960 onward, millions of alcoholics issues. Concurrently, LAP began incorporat- is the executive director of the Louisiana Judges from around the world have been success- ing necessary medical guidelines and criteria and Lawyers Assistance fully treated using practices based upon the so as to develop a truly comprehensive Program, Inc. (JLAP) and Minnesota Model. professionals’ program that offers reliable can be reached at (866)354- While the general public was just begin- full-service assistance to the legal profession. 9334 or via email at LAP@ louisianalap.com. ning to consider alcoholism as an actual dis- In 2014, LAP’s governance was re-
Louisiana Bar Journal Vol. 64, No. 1 55 FocusDiversity on Through the Lens: 3/4/16 Diversity Conclave
All photos by Matthew Hinton Photography.
Kimberly Papillon, with The Better Mind, facilitated the session, “The Neuroscience of Decision-Making in the Practice of Law.” Her highly interactive session highlighted the split-second decisions people make based on previous experience and assumptions. The course explored The plenary sessions began with a welcome from Louisiana State Bar how reactions in human brains affect assessments of threat, intelligence, Association (LSBA) President Mark A. Cunningham, right. He reminded veracity and competence in a diverse environment. participants of the purpose and importance of diversity in the legal profession. LSBA Conclave Subcommittee Co-Chair Barbara B. Ormsby, Deutsch Kerrigan, L.L.P., seated, introduced and welcomed the facilitator Kimberly Papillon.
Luncheon keynote speaker Roderick A. (Rick) Palmore, standing, senior counsel of Dentons US, L.L.P., spoke passionately about the insidiousness of images today and the implications they have in institutions and the legal profession in his presentation, “The Power of Expectations: The Impact of Expectations on Performance and Success.” Seated from left, LSBA President Mark A. Cunningham, Louisiana Supreme Court Chief Justice Louisiana State Bar Association (LSBA) President Mark A. Cunningham, Bernette Joshua Johnson and Diversity Committee Co-Chair Quintillis K. left, recognized the Louisiana Supreme Court and Chief Justice Bernette Lawrence, commissioner for the 19th Judicial District Court. Joshua Johnson for their annual support of the Diversity Conclave. Cunningham also announced the LSBA’s launch of a namesake award, the Chief Justice Bernette Joshua Johnson Trailblazer Award.
56 June / July 2016 Panel members for the Best Practices session, “The Difference Between Panel members for the Immigration Law breakout session, “How Getting In and Staying In: Moving Toward Inclusion,” included, from Immigration Law Can Impact Your Practice,” included moderator Troy left, Marcus V. Brown, Entergy, Inc.; moderator Liwen Mah, Fenwick & N. Bell, standing, Courington, Kiefer & Sommers, L.L.C.; and, from West, L.L.P.; Lori A. Chumbler, senior associate general counsel, legal left, Jonathan A. Grode, Green and Spiegel, L.L.C.; Lauren R. Aronson, operations, Walmart; and Hon. Jenny Rivera, New York State Court of Louisiana State University Paul M. Hebert Law Center; and Gordon J. Appeal. Quan, Quan Law Group, P.L.L.C.
Panel members for the LGBT breakout session, Panel members for the Criminal Law breakout “The Illusion of Equality,” included, from left, session, “Assessing Eyewitness Identification,” moderator J. Dalton Courson, Stone Pigman included Dylan C. Alge, left, East Baton Rouge Panel members for the Legal Pipeline session, Walther Wittmann, L.L.C.; Daniel J. Canon, Parish District Attorney’s Office; and Professor “The Path to Saving the Legal Profession,” Clay Daniel Walton Adams, P.L.C.; and Laura E. Thomas D. Albright, Salk Institute for Biological included, from left, Donald R. Cravins, Jr., Landenwich, Clay Daniel Walton Adams, P.L.C. Studies. National Urban League; Linda Perez-Clark, Kean Miller, L.L.P.; and John R. Kouris, DRI.
Luis A. Leitzelar (Jones Walker LLP), left, Jason R. Brown (Kean Miller, L.L.P.), left, Conclave participants included, from left, accepted the recognition award on behalf of accepted the recognition award on behalf of Stephen A. Dixon, Children’s Rights; Judge Platinum Plus sponsor Jones Walker LLP. Platinum Plus sponsor Kean Miller, L.L.P. Piper D. Griffin, Orleans Parish Civil District Diversity Committee Co-Chair Barbara B. Diversity Committee Co-Chairs Barbara B. Court; and Diversity Committee Co-Chair Ormsby (Deutsch Kerrigan, L.L.P.) presented Ormsby and Troy N. Bell presented the award. Troy N. Bell, Courington, Keifer & Sommers, the award. L.L.C.
Louisiana Bar Journal Vol. 64, No. 1 57 Crossword Puzzle By Hal Odom, Jr. Northern Neighbours
1 2 3 4 5 6 7 ACROSS DOWN
8 1 Where to find Regina (12) 2 Assistants (5) 9 Beef or lamb, for example (3, 4) 3 Memorabilia (9) 9 10 10 Stitch again (5) 4 “The Rape of Europa” artist (6) 11 “O Canada, terre de ___ aïeux” (3) 5 Lk. to the south of Ontario (3.) 12 Defy (5, 2, 2) 6 Rested atop (3, 4) 14 I have found it! (6) 7 It is paired with Labrador, 11 12 13 16 Org. with 12 steps (2-4) provincially (12) 18 Annihilate (9) 8 Island between New Brunswick 19 Mo. for Canada Day (3.) and Nova Scotia (6, 6) 14 15 16 20 Had dinner at home (3, 2) 13 “La ___,” 1960 Fellini film 22 Instruction, or the cost thereof (7) starring Anouk Aimée (5, 4) 17 23 Sentence you can’t get 15 Another name for Côte d’Azur (7) in Canada (5, 7) 17 “Huis clos” playwright (6) 18 19 19 Collaborative (5) 21 Unspecified degree (3)
20 21 22
23
Answers on page 93.
Alcohol and Drug Abuse Hotline Director J.E. (Buddy) Stockwell III, 1(866)354-9334 1405 W. Causeway Approach, Mandeville, LA 70471-3045 • email [email protected]
Alexandria Steven Cook...... (318)448-0082 Lake Charles Thomas M. Bergstedt...... (337)558-5032
Baton Rouge Steven Adams...... (225)921-6690 Monroe Robert A. Lee.....(318)387-3872, (318)388-4472 . (225)926-4333 David E. Cooley...... (225)753-3407 New Orleans Deborah Faust...... (504)304-1500 John A. Gutierrez...... (225)715-5438 Donald Massey...... (504)585-0290 .(225)744-3555 Dian Tooley...... (504)861-5682 . (504)831-1838 Lafayette Alfred “Smitty” Landry...... (337)364-5408 . (337)364-7626 Shreveport Michelle AndrePont ...... (318)347-8532 Thomas E. Guilbeau...... (337)232-7240 Nancy Carol Snow...... (318)272-7547 James Lambert...... (337)233-8695 William Kendig, Jr...... (318)222-2772 .(337)235-1825 .(318)572-8260 (cell) Steve Thomas...... (318)872-6250
The Judges and Lawyers Assistance Program, Inc. provides confidential assistance with problems such as alcoholism, substance abuse, mental health issues, gambling and all other addictions.
58 June / July 2016 Discipline Reports REPORTING DATES 4/1/16 & 4/5/16
REPORT BY DISCIPLINARY COUNSEL
Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date April 5, 2016.
Decisions obligations upon termination; failure to TIVE on Feb. 26, 2016. Gist: Neglecting cooperate with the Office of Disciplinary a legal matter and failing to communicate Michael Peter Arata, New Orleans, Counsel in its investigation; and violat- with a client. (2016-B-0203) Interimly suspended ing or attempting to violate the Rules of Walter C. Dumas, Baton Rouge, from the practice of law ordered by the Professional Conduct. (2016-B-0131) Interim suspension or- court on Feb. 17, 2016. Melanie Smith Daley, Lake Charles, dered by the court on Feb. 4, 2016. Carla Ann Brown-Manning, Ken- (2016-B-0024) Adjudged guilty of addi- Janinne Latrell Gilbert, Delcambre, ner, (2015-B-2342) Suspended for one tional violations that warrant discipline (2016-B-0044) Disbarred by order of the year and one day, subject to conditions, and which may be considered in the court on March 4, 2016. JUDGMENT FI- ordered by the court on March 4, 2016. event she applies for reinstatement from NAL and EFFECTIVE on March 18, 2016. JUDGMENT FINAL and EFFECTIVE her suspension in In Re: Daley, 13-0846 Gist: Respondent neglected legal matters, on March 18, 2016. Gist: Neglect of cli- (La. 5/17/13), 117 So.3d 93, ordered by failed to communicate with clients, failed to ents’ matters; failure to communicate with the court as consent discipline on Feb. 26, clients; failure to return unearned fees; 2016. JUDGMENT FINAL and EFFEC- Continued next page
Louisiana Bar Journal Vol. 64, No. 1 59 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 April 1, 2016. Respondent Disposition Date Filed Docket No. Jade Rachelle Blasingame [Reciprocal] Interim suspension. 3/15/16 16-876 Anthony T. Marshall [Reciprocal] Suspension. 3/10/16 16-452 Stanley S. Spring II [Reciprocal] Transfer to disability inactive status. 3/10/16 16-431 Kenneth T. Wallace [Reciprocal] Interim suspension. 3/10/16 16-433
Discipline continued from page 59 JUDGMENT FINAL and EFFECTIVE from the practice of law ordered by the account for or refund unearned fees, failed on Feb. 19, 2016. Gist: Commission of court on March 14, 2016. to properly withdraw from representation, a criminal act reflecting adversely on the Ashton DeVan Pardue, Springfield, engaged in dishonest conduct, and failed lawyer’s honesty, trustworthiness or fitness (2016-B-0109) Suspended (consent) to cooperate with the Office of Disciplin- as a lawyer; and violating or attempting to for three months ordered by the court ary Counsel. violate the Rules of Professional Conduct. on March 4, 2016. JUDGMENT FINAL Katherine M. Guste, Metairie, (2016- Maurice D. Hall, Plaquemine, (2016- and EFFECTIVE on March 4, 2016. Gist: B-0077) Suspended from the practice B-0025) Suspended on consent from the Commission of a criminal act reflect- of law for a period of two years and practice of law for a period of six months, ing adversely on the lawyer’s honesty, ordered to provide an accounting to fully deferred, to be followed by a two- trustworthiness or fitness as a lawyer; and client, return client’s file, return the year period of supervised probation, violating or attempting to violate the Rules unused court costs and refund any ordered by the court on Feb. 26, 2016. of Professional Conduct. unearned fees, by order of the court on JUDGMENT FINAL and EFFECTIVE March 4, 2016. JUDGMENT FINAL and on Feb. 26, 2016. Gist: Commingling Admonitions (private sanctions, often EFFECTIVE on March 18, 2016. Gist: personal funds with client funds in his trust with notice to complainants, etc.) is- Respondent was suspended for violating accounts, allowing the trust accounts to sued since the last report of misconduct Rules 1.16(d) and 8.4(a) of the Rules of become overdrawn on two occasions, and involving: Professional Conduct. Respondent shall making a trust account check payable to also pay all costs and expenses assessed “Cash” to accommodate a client’s request. No. of Violations in the matter with legal interest. She may Naveen R. Kailas, Metairie, (2015- not practice law in the state of Louisiana B-2261) Suspended for three years Communication with a person represented or any other jurisdiction. ordered by the court as consent discipline by counsel in violation of Rule 4.2...... 1 Ronald Sidney Haley, Jr., Baton on Feb. 19, 2016. JUDGMENT FINAL Rouge, (2015-B-2285) Suspended and EFFECTIVE on Feb. 19, 2016. Gist: Failure to communicate with a client in (consent) for one year and one day, Criminal conduct. violation of Rule 1.4...... 1 fully deferred, subject to conditions, Yolanda Julie King, New Orleans, ordered by the court on Feb. 19, 2016. (2016-B-0331) Interimly suspended TOTAL INDIVIDUALS ADMONISHED...... 2 ChristoviCh & Kearney, llp attorneys at law Defense of ethics complaints anD charges Your call is absolutely e. phelps Gay Kevin r. tully confidential as lizabeth ordes e s. C a matter of law. h. Carter Marshall (504)561-5700 Call toll-free 601 poydras street, suite 2300 (866)354-9334 new orleans, la 70130
60 June / July 2016 16LAJ_HighStakes_Layout 1 4/21/2016 1:10 PM Page 1
L O U I S I A N A A S S O C I A T I O N F O R J U S T I C E High Stakes on the
A MHa r i t iimge L ha w C oSn f e r e nec eas Friday, August 19, 2016 Windsor Court Hotel • New Orleans Maritime Updates Judge Carl J. Barbier U.S. District Court Eastern District of Louisiana, New Orleans Hugh P. “Skip” Lambert The Lambert Firm, P.L.C., New Orleans Boudreaux v. Thibodeaux (Oil Co): A Tour Through the Swamps of a Louisiana Maritime Case Judge John W. deGravelles U.S. District Court Middle District of Louisiana, Baton Rouge J. Neale deGravelles deGravelles, Palmintier, Holthaus & Frugé LLP, Baton Rouge McBride v. Estis Well Service: An Examination of the Past, Present, and Future of Punitive Damages in Maritime Law Magistrate Judge Carol B. Whitehurst U.S. District Court Western District of Louisiana, Lafayette Jerome H. Moroux Broussard & David, LLC, Lafayette Robins Dry Dock Thomas C. Galligan Dean, LSU Paul M. Hebert Law Center, Baton Rouge (becomes effective July 1) Investigation of Offshore Marine Casualties Charles C. Bourque Jr. St. Martin & Bourque, Houma Commander Matthew W. Denning U.S. Coast Guard, New Orleans The Interplay Between OPA, OCSLA and the General Maritime Law Paul M. Sterbcow Ian F. Taylor Lewis, Kullman, Sterbcow & Abramson, New Orleans Moderator for the conference is LAJ Maritime Law Section Chair Blake R. David Sr. of Broussard & David, LLC, Lafayette.
Visit www.lafj.org to register online or call 225-383-5554 to register by phone.
442 Europe Street, Baton Rouge, LA 70802-6406 • 225-383-5554 • [email protected] Louisiana Bar Journal Vol. 64, No. 1 61 Recent Developments Administrative Law to Trusts and Estate
On May 8, 2015, the Department of solicitation were overstated. The agency the Army (agency) issued a request for agreed to take corrective action and, after proposals under the Federal Acquisition the GAO dismissed the protest, did make Administrative Regulation (FAR) Part 12 for solid-waste- several solicitation amendments, provided Law management services at Fort Polk, La. The additional information, responded to offer- solicitation required offerors to submit ors’ questions and extended the proposal due proposals with prices that reflected all date to Oct. 21, 2015. On Oct. 13, 2015, Red costs on a per-ton basis and permitted River again protested at the GAO, challeng- Customary Commercial the contractor to invoice only on tonnage ing generally the same grounds as before. collected. A protest is a written objection by an Practice in a Before proposals were due, on July interested party to a solicitation or other Commercial Acquisition 10, 2015, Red River Waste Solutions, L.P. (federal) agency request for bids or offers, Must Be Supported by (Red River) protested the solicitation to cancellation of a solicitation or other request, the Government Accountability Office award or proposed award of a contract, or a Reasonable Basis (GAO). Red River alleged, among other termination of a contract if terminated due things, that the solicitation’s pricing based to alleged improprieties in the award. See Red River Waste Solutions, L.P., on a per-ton basis was inconsistent with FAR 33.101 (2014). Three are available to B-411760.2 (Jan. 20, 2016), available at customary commercial practice (CCP) and potential protestors to hear these challenges, www.gao.gov/assets/680/674948.pdf. that various estimated quantities under the and reasons for protesting in each are litiga-
62 June / July 2016 tion-strategy dependent. The fora are: (1) the used market research that consisted of: the subject solicitation. The GAO noted that, federal agency soliciting the requirement; (1) a review of federal government refuse of the seven responses received, four sug- (2) the Court of Federal Claims; and (3) the contracts; (2) requests for feedback from gested pricing should be monthly and three GAO. The GAO adjudicates protests under industry in a sources sought notice (SSN); had no comments. Therefore, the evidence the Competition in Contracting Act of 1984 and (3) contact with a sales representative received by the agency seemed to suggest (CICA), 31 U.S.C. §§ 3551-56. The GAO from a trash company in New York. These that the CCP reflected monthly, not tonnage, hears the majority of reported protests. That are discussed below. based pricing. is likely due to two unique characteristics First, the GAO found the use of other Lastly, the agency relied on contact with of a GAO protest — the 100-day decision, federal government contracts to be an un- a trash company sales representative from and the CICA automatic statutory stay of reasonable method to establish CCP. In the New York State that tonnage-based pricing contract award. See 31 U.S.C. §§ 3553(c)- opinion, the GAO found that “contracts with could be used for the subject requirement. (d); FAR 33.104(b)-(c), (f) (2014). the federal government are not generally However, the GAO pointed out that the In this case, Red River alleged two considered to be a part of the commercial administrative record did not contain any points of error — (1) that the agency’s marketplace.” In support, the GAO looked to documentation from the sales representative, determination that the solicitation’s pricing the FAR’s definition of the term commercial any particular commercial refuse contract terms were consistent with CCP under FAR item: “[a]ny item, other than real property, to which the referred New York Company Part 12 was not reasonably supported by that is of a type customarily used by the gen- was a party, or why the agency considered evidence; and (2) that other terms within eral public or by non-government entities for the sales representative to have specialized the solicitation were not based on the best purposes other than government purposes . expertise and knowledge in this matter. available information. The CCP question . . .” FAR § 2.101 (2016) (emphasis added). Consequently, the GAO rejected the is discussed below. Further, the GAO in reliance on its own prec- agency’s assertion that its market research edent opined that if government contracts provided a reasonable basis for determining Reasonable Basis for Customary were considered part of the marketplace, CCP in this case and sustained the protest Commercial Practice everything the government would procure on this ground. When an agency avails itself Important to note, CCP is not defined in could be considered a commercial item and a of the commercial-item-acquisition process the FAR; nonetheless, the FAR does suggest significant portion of FAR Part 12 would be under FAR Part 12, it gets the benefit of a that such practice varies from market to-mar- rendered superfluous. See generally, Smel- summarized process to quickly procure com- ket. See FAR § 12.404(b)(2) (2016). Further, kinson Sysco Food Servs., B-281631 (March monly used items and services. However, CCP is determined on a case-by-case basis. 15, 1999), available at https://www.gpo.gov/ it still must follow that process and be able See generally, Northrop Grumman Tech. fdsys/pkg/GAOREPORTS-B-281631/html/ to reasonably support its conclusion that the Servs., Inc, B-406523 (June 22, 2012), avail- GAOREPORTS-B-281631.htm (explain- terms in that FAR Part 12 procurement are able at www.gao.gov/assets/600/592154. ing that the protest was sustained despite consistent with CCP. pdf (discussing the requirement to conduct the agency’s assertion that the challenged market research to establish CCP). solicitation provisions appeared in other —Bruce L. Mayeaux The question presented before the GAO government contracts). Member, LSBA Administrative was whether there exists a reasonable basis Next, the GAO examined the feedback Law Section for the agency’s determination that price- the agency received from the SSN in Janu- Major, Judge Advocate per-ton provisions in the subject solicita- ary 2015. The agency asked if the potential U.S. Army tion were consistent with CCP. The GAO offerors had any suggestions or comments noted that, to establish CCP, the agency on the anticipated pricing structure within
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Louisiana Bar Journal Vol. 64, No. 1 63 Section 10 of the agreement made clear 1753 (2011). In other words, the Supreme that Section 9 “shall be governed by the Court determined that the FAA “pre-empts Alternative Federal Arbitration Act.” and invalidates th[e] rule.” Imburgia, 136 Dispute In 2005, California law provided that the S.Ct. at 466. enforcement of class-arbitration waivers in After the Court’s decision in Concepcion, Resolution “consumer contract[s] of adhesion” that DIRECTV moved the California trial “predictably involve small amounts of court for an order staying the litigation damages” and meet certain other criteria and compelling arbitration. DIRECTV’s Drafter Beware: is “unconscionable under California law request was denied, an appeal ensued, and Exercise Caution When and should not be enforced.” Imburgia, the California Court of Appeal affirmed. 136 S.Ct. at 466 (quoting Discover Bank The court reasoned that “just as the parties Choosing the Law v. Sup. Ct., 113 P.3d 1100, 1110 (Cal. were free in their contract to refer to the 2005)). Because neither party disputed laws of different States or different nations, DIRECTV, Inc. v. Imburgia, 136 S.Ct. that this rule — the “Discover Bank so too were they free to refer to California 463 (2015). rule” — prohibited the class-arbitration law as it would have been” without federal In 2008, two DIRECTV customers waiver in the service agreements and thus preemption. Id. at 467. In other words, the in California brought suit against the invalidated DIRECTV’s arbitration clauses appellate court read the phrase “law of your company seeking damages for early with its California customers, the dispute state” as indicating that state law, without termination fees that they believed violated proceeded to litigation. consideration for federal preemption, was California law. Section 9 of the service During the pendency of this litigation in a to be applied, and, therefore, the parties agreements signed by the customers in California court, the United States Supreme had contractually agreed to the Discover 2007 required any disputes be resolved Court held the Discover Bank rule “stands Bank rule. This conclusion was premised by arbitration. Section 9 also contained as an obstacle to the accomplishment and on general construction principles of a class-arbitration waiver; however, it execution of the full purposes and objective contract law. further stipulated that if the “law of your of Congress” embodied in the Federal In particular, the Imburgia court state” makes the waiver of class arbitration Arbitration Act (FAA). AT&T Mobility, reasoned that Section 10 of the contract, unenforceable, then the entire arbitration L.L.C. v. Concepcion, 131 S.Ct. 1740, stating that the FAA governed the provision would be unenforceable. Finally,
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64 June / July 2016 arbitration provision contained in Section have independent force where wholly of the debtor’s entities were his alter egos. 9, was a general provision, but the intrastate relationships are in play, and The 5th Circuit also held plaintiff failed provision voiding arbitration if the “law it may very well have been the parties’ to prove the debtor transferred property of your state” would invalidate the class- intent to disregard federal preemptive belonging to the debtor with the intent arbitration waiver was a specific provision. effects, arbitrators should be aware of to hinder, delay or defraud under section Applying longstanding rules of contract Imburgia’s potential to undermine their 727(a)(2)(A). In support of its claim, interpretation, the court concluded that decisions in later enforcement actions when plaintiff argued that the debtor’s use of the specific invalidation provision must a subsequent change in federal law occurs. his 100 percent-owned company to pay control over the general FAA enforcement Further, where federal law preempts state his personal expenses was an attempt by provision within the DIRECTV agreement. law in certain areas, drafters of arbitration the debtor to conceal assets. Plaintiff also The court further explained that the agreements should be mindful of this argued that the debtor’s company entered meaning of the phrase “law of your state” fact and carefully draft clauses making into four contracts worth more than $1 in this specific context was ambiguous and absolutely clear which of the two laws is million right before and after the debtor should, therefore, be construed against meant to apply. filed for bankruptcy, which was also an DIRECTV. The California Court of Appeal attempt to conceal assets. The 5th Circuit affirmed the lower court’s order denying —Jacqueline M. Brettner and found debtor was forthcoming with the DIRECTV’s request that the parties be Eric M. Ferrante trustee and answered all of her questions compelled to arbitrate the dispute, and writs Members, LSBA Alternative about his company (and its payment of of certiorari were granted noting that the Dispute Resolution Section his personal bills), the contracts of the United States 9th Circuit Court of Appeals Carver, Darden, Koretzky, Tessier, company and his interactions with the had reached the opposite conclusion on Finn, Blossman & Areaux, L.L.C. company, and therefore affirmed the exactly the same question. Ste. 3100, 1100 Poydras St. lower court’s refusal to deny discharge Overturning the California court’s New Orleans, LA 70163 under section 727(a)(2)(A) and (a)(4)(A), decision, the Supreme Court explained which provides for denial of a discharge that the logical conclusion of the appellate if the debtor knowingly and fraudulently court’s holding would be to allow the “law makes false statements. of your state” phrase to apply invalid state law to the dispute. Id. at 469. Because the Bankruptcy LA Bar Journal Ad 9/21/11 3:44 PM Page Court could find no other examples of a Law California court applying that meaning to the phrase “law of your state” in other SCHAFER GROUP LTD contractual contexts, it concluded that Certified Public Accountants the California court was interpreting the arbitration clause differently than it would Alter Egos and When you need a forensic accountant, other types of contracts. This method of Corporate Veils call on a professional. analyzing an arbitration clause, the Court explained, is not allowed under established Judgment Factors, L.L.C. v. Packer (In “Knowledge of business, finance FAA jurisprudence. Id. Further, the Court re Packer), 816 F.3d 87 (5 Cir. 2016). and accounting may be needed noted that although the parties could have Plaintiff/creditor filed an adversary at any stage of the litigation selected pre-Concepcion California law, proceeding against a Chapter 7 debtor process. Therefore, we can be there was nothing about use of the phrase objecting to his discharge based on 11 an important member of any “law of your state” that indicated that was U.S.C. § 727. Plaintiff alleged that various successful litigation team. their intent. Id. entities owned by the debtor were his alter From contemplation of action to Although the Supreme Court’s decision egos and requested the court reverse pierce expert testimony, we can complement attorneys in in Imburgia dealt with a California law their corporate veils. Plaintiff argued that and a California state court’s decision, its the debtor should have listed these entities’ ways that increase the likelihood of a desired outcome. holding should be noted by practitioners assets in his schedules and those assets We can support your litigation efforts to save you time in Louisiana and elsewhere. Practically should be subject to plaintiff’s claims. and strengthen your case.” speaking, attorneys drafting arbitration On appeal, the 5th Circuit affirmed the —Kernion T. Schafer, CPA agreements who wish to take advantage lower court’s ruling that since plaintiff of specific state laws favorable to their failed to obtain leave from the trustee to S OUTH S HORE AND N ORTH S HORE O FFICES clients’ interests may find those efforts pursue the claims of alter ego and piercing METAIRIE MANDEVILLE frustrated if, later, federal courts conclude 701 Aurora Avenue • Suite A 435 Girod Street • Suite B the corporate veil, which constitute Metairie, Louisiana 70005 Mandeville, LA 70448 that state laws affecting the arbitrability property of the debtor’s estate and are 504.837.6573 985.626.4066 of the claim are preempted by federal Forensic Accounting • Emerging Issues • Financial Services controlled by the trustee, plaintiff could Litigation Services • Legal Services • Emerging Business law. Although these state laws may still not seek a judicial determination that any
Louisiana Bar Journal Vol. 64, No. 1 65 Attorneys’ Fees and recognizing the seriousness of filing creditors acted reasonably and in good an involuntary petition by creating faith; (4) the putative debtor had ceased Costs a presumption in favor of awarding doing business and was not paying its fees but also affording the court the creditors; and (5) the fees sought to be In re Clean Fuel Technologies II, L.L.C., discretion to award fees consistent with paid were by an attorney who was an 544 B.R. 591 (Bankr. W.D. Tex. 2016). the “may” language in section 303(i). The officer and part owner of the debtor, had The putative debtor in a Chapter bankruptcy court considered the following no engagement letter and failed to show 7 involuntary petition, which was factors in analyzing the “totality of the he was paid by the debtor. successfully dismissed, filed a circumstances”: (1) the merits of the counterclaim against the petitioning involuntary petition; (2) the role of any PACA Funds creditors seeking an award of attorneys’ improper conduct by the alleged debtor; fees and costs pursuant to 11 U.S.C. § (3) the reasonableness of actions taken by Kingdom Fresh Produce, Inc. v. Stokes 301(i)(1), which provides that a court petitioning creditors; (4) the motivation “may” grant judgment for costs and Law Firm, L.L.P. (In re Delta Produce, and objectives behind involuntary L.P.), 817 F.3d 141 (5 Cir. 2016) reasonable attorneys’ fees when an bankruptcy filing; and (5) other material involuntary petition is dismissed. On appeal of a final fee application factors and considerations including the order, the main issue before the 5th Circuit Noting the 5th Circuit has not yet practical operation of any award. addressed the approach to be used in was whether the fees and expenses of Based on the following factors, among special counsel for claimants under the awarding fees and costs under section others, the bankruptcy court found the 301(i), the bankruptcy court adopted Perishable Agricultural Commodities petitioning creditors properly rebutted Act (PACA) could be disbursed from the apparent “majority” approach. The the presumption and declined to award bankruptcy court applied a presumption the PACA fund. The court held that 7 the debtor attorneys’ fees and costs: (1) U.S.C. § 499(e)(c)(2) of PACA required that attorneys’ fees will be awarded; the involuntary petition was dismissed however, the presumption is rebuttable that a PACA trustee (or special counsel) due to a recent change in the law that not be paid from trust assets until “full by the petitioning creditor based on made the creditors ineligible to file the the totality of the circumstances. The payment of the sums owing” are paid to all petition; (2) the dismissal was a “close” PACA claimants. Through the PACA trust bankruptcy court adopted this approach and “technical” call; (3) the petitioning THESE EYES HAVE IT
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66 June / July 2016 provisions, Congress provided unpaid blindly rely on the assertions of an produce sellers with greater protection agent, but has a duty to determine, at from risk of default by buyers, and, in his peril, whether the agency purport- turn, the attorneys are required to bear Corporate and edly granted by the principal permits the greater risk of nonpayment. Business Law the proposed act by the agent. The court also addressed two jurisdictional issues. First, the court held The court noted that, although Fluid was that the bankruptcy court had jurisdiction identified as a corporation on the upper part over PACA claims because the PACA Apparent Authority of the form agreement, the foreman had claimants consented to its jurisdiction, simply signed his name on the signature thus refusing to resolve “doubts about Fluid Disposal Specialties, Inc. v. UniFirst line without indicating he was signing as the bankruptcy court’s constitutional Corp., 50,356 (La. App. 2 Cir. 1/13/16), a representative of Fluid. Noting that the authority to adjudicate PACA claims’” 186 So.3d 210. foreman was also a dispatcher for Fluid, Second, the court held the district court A shop foreman of Fluid Disposal Spe- the court opined that “[t]here is nothing lacked appellate jurisdiction over the cialties, Inc. was contacted frequently by a inherent in either of these positions that first two interim fee orders of the special sales representative of UniFirst Corporation, would lead a third party to believe that counsel because they were not final orders a uniform supplier. Ultimately, the Fluid [the foreman] had authority to enter into and there was no indication that the district foreman signed his name on a form service an expensive and long-term agreement court realized they were interlocutory agreement presented by the sales representa- on behalf of Fluid.” The court found that orders and believed there was a benefit tive. Later, after the charges turned out to “[t]he corporate officers of Fluid who had to hearing them in a piecemeal manner. be higher than anticipated, Fluid objected, authority to bind the company never had maintained the foreman did not have au- any contact with [the sales representative] —Cherie Dessauer Nobles thority to bind Fluid to the agreement, and and never made any manifestations to her Member, LSBA Bankruptcy stopped using UniFirst’s services. UniFirst that [the foreman] had authority to sign an Law Section instituted arbitration proceedings based agreement on behalf of the company.” The and on an arbitration clause in the agreement. court concluded the foreman did not have Tristan E. Manthey Fluid sued in state court and obtained an apparent authority (or actual authority), and Chair, LSBA Bankruptcy Law Section injunction barring the arbitration based on Fluid was not bound by the agreement or Heller, Draper, Patrick, Horn its foreman’s lack of authority. its arbitration clause. & Dabney, L.L.C. On appeal, the court stated: Ste. 2500, 650 Poydras St. Liability of LLC Member New Orleans, LA 70130 An agency relationship is never pre- sumed; it must be clearly established. Wilson v. Two SD, L.L.C., 15-0959 (La. . . . The burden of proving apparent App. 1 Cir. 12/23/15), 186 So.3d 159, writ authority is on the party seeing to bind denied (La. 04/08/16), ____ So.3d ____, the principal. A third party may not 2016 WL 1660755; and Nicholas v. BBT
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Louisiana Bar Journal Vol. 64, No. 1 67 Constr. Mgmt., L.L.C., 15-1009 (La. App. wrongful act exception did not apply. As for contractor is not considered a professional 1 Cir. 12/23/15), 2015 WL 9466864. the breach of professional duty exception, under La. R.S. 12:1320(D) and the record These two cases each addressed whether the court reasoned that “professional” refers did not even show that the member had such an LLC member was personally liable under only to persons engaged in a profession iden- a license. Regarding whether the member either the “breach of professional duty” or tified in Title 12 (such as an architect), and had committed a negligent or wrongful the “negligent or wrongful act” exception not to persons who falsely hold themselves act, after noting the plaintiff had asked the to the liability shield for LLC members in out to be such professionals. Commenting defendants to “refund the unused portion La. R.S. 12:1320(D). that “such misrepresentations might give of the contract price” but they had refused Alleging deficiencies in the construction rise to causes of action on other grounds,” to do so, the court found that the member’s plans used for their new house, plaintiffs the court concluded that the member had “no failure to return the unused funds could be in Wilson sued both the limited liability personal liability for the alleged deficiencies characterized as a tort, such as conversion, company that provided the plans and the in the plans” and granted summary judg- could be perceived as a crime of theft, and individual member of the company who had ment in favor of the member. Id. at 115-16. “was clearly not required by or in further- previously created the plans. The member In Nicholas, the plaintiff entered into a ance of the contract.” The court added did not personally participate in the project, contract for the construction of a home with that, even if the member was acting within but the plans bore a legend stating they were a limited liability company. The contract the structure of the LLC, that factor alone his property. was signed on behalf of the company by would not be determinative, and affirmed Considering the negligent or wrongful its manager, who was also its sole member. the default judgment against the member act exception on appeal, the court reasoned The plaintiff paid the entire contract price personally. that evidence of the member’s ownership up front. After completing about 40 percent of the plans, alone, was “insufficient to of the work, the company ceased work —Michael D. Landry establish a separate tort duty sufficient to on the project. The plaintiff sued both the Reporter, LSBA Corporate and engage his personal liability,” where the company and the member. After the plaintiff Business Law Section obligation to provide the plans arose from obtained a default judgment, the member Stone Pigman Walther the agreement between the plaintiffs and the alone appealed. Wittmann, L.L.C. company. Wilson, 186 So.3d at 115. As none The appellate court concluded that 546 Carondelet St. ofLaPorte the other LSJB factors Ad'15_Layout pointed toward 1 9/8/15 liability, 2:09 PM Pagethe breach 1 of professional duty exception New Orleans, LA 70130 the court concluded that the negligent or did not apply, as an individually licensed
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68 June / July 2016 the report itself. Moreover, the court noted whether the child should be moved from that evidentiary rules are relaxed in child the father back to the mother and whether custody matters under Louisiana Code a domiciliary parent should be named. It Family of Evidence art. 1101(B)(2). There was further ordered that contact be reinstated Law no error in the trial court’s interviewing between the mother and child pending the the children in chambers without a court trial court’s hearing to address the ongoing reporter because one of the children testi- physical custody arrangement. fied at trial and the court did not consider Custody the other child’s in-chambers testimony. Cloud v. Dean, 15-1050 (La. App. 3 Cir. 1/13/16), 184 So.3d 235, writ denied, 16- Hodges v. Hodges, 15-0585 (La. 11/23/15), Hilkirk v. Johnson, 15-0577 (La. App. 4 0216 (La. 3/4/16), ____ So.3d ____, 2016 181 So.3d 700. Cir. 12/23/15), 183 So.3d 731, writ denied, WL 1042946. The Supreme Court held that the law 16-0083 (La. 2/19/16), 186 So.3d 1172. A custody judgment under the Post-Sep- does not allow for “co-domiciliary” par- The trial court determined that the aration Family Violence Relief Act (PS- ents. There is either sole custody, joint mother had alienated the daughter from FVRA) does not give rise to the Bergeron custody or joint custody with a designation the father. The court ordered that the child standard when the spouse has completed of one parent as the domiciliary parent. be immediately transferred to the father’s the required treatment and counseling and Moreover, when there is joint custody, there custody and that the mother have limited seeks to amend the judgment. Effectively, must be a joint-custody-implementation contact with the child for seven months. once a court finds that a parent has a his- plan, and that plan must address the alloca- The court-appointed custody evaluator tory of perpetuating family violence and tion of physical custodial time, as well as testified that that was the only method to orders domestic-violence counseling, the allocate the legal authority and responsibil- break the cycle of alienation and reestablish court does not proceed to the child custody ity of the parents. The court is not required the relationship between the child and the case itself until the treatment to resolve the to designate a domiciliary parent and may father. The court of appeal reversed, finding problem has been concluded. A finding that allocate decision-making authority through that Mr. Johnson had not met the require- a spouse is abusive under the PSFVRA the implementation order. ments of Bergeron. It reviewed the record gives rise to a presumption that prohibits de novo and found that the continuation of that parent from being awarded custody. Sorrells v. Sorrells, 15-0500 (La. App. 3 primary custody with the mother would not Moreover, the judgment being rendered is Cir. 11/4/15), 178 So.3d 288. be harmful or deleterious to the child and not intended to be a permanent custody ar- A Lake Charles police department Inter- that the harm caused by removing the child rangement, since once the parent completes nal Affairs Report regarding Ms. Sorrells’ would not be substantially outweighed by the required counseling/treatment, he can then-boyfriend, whom she later married, the advantages of doing so. However, since file to establish custodial rights upon a full although hearsay, was appropriately ad- the child had been in the father’s physical hearing of the custody matter. mitted, since for impeachment purposes, custody for approximately 10 months, it rather than for the truth of the contents of remanded for the trial court to determine
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Louisiana Bar Journal Vol. 64, No. 1 69 Interim Spousal Child Support Community Property Support Boudreaux v. Boudreaux, 15-0536 (La. Succ. of Sylvester, 15-0125 (La. App. 5 Cir. Hogan v. Hogan, 49,979 (La. App. 2 10/14/15), 180 So.3d 1245. 12/9/15), 181 So.3d 250. Cir. 9/30/15), 178 So.3d 1013, writ denied, In this child support matter, the Supreme Immovable property purchased in both 15-2018 (La. 1/8/16), 182 So.3d 953. Court granted writs, reversed the court of spouses’ names in Florida was not com- Because of Mr. Hogan’s egregious appeal and reinstated the trial court’s judg- munity property, but passed to the surviving failure to produce documents, failure to pay ment, allowing Mr. Boudreaux to obtain co-owner alone after the other co-owner’s support and failure to comply with court support-enforcement services under La. death under Florida law. The Louisiana orders, as well as his collaboration with his R.S. 46:236.1.2 and La. R.S. 46:236.2, as conflict of law articles regarding spouses fiancé to hide his income, it was not error a payor parent, even though he was not were inapplicable, since this was a succes- for the trial court to continue his obligation delinquent in his support payments and sion matter. The surviving spouse was not to pay interim spousal support beyond the was not actually receiving public benefits. entitled to reimbursement for expenses to six months after the parties’ divorce and for maintain community properties because she as long as he owed arrearages, particularly Procedure had use of that property to the exclusion of given the destitute position he placed her other co-owners by allowing her children to and the children in as a result of his “reckless Mier v. Mier, 15-0378 (La. App. 3 Cir. use the property or to use it for storage, and financial shenanigans.” He was also found 11/4/15), 178 So.3d 270. an offset under La. Civ.C. art. 806 applied. in contempt for nonpayment of support, There is no cause of action in Louisiana including a jail sentence and probation by children against a parent’s paramour Benedetto v. Benedetto, 15-0373 (La. App. pending his compliance. The court found for alienation of affection. The children’s 5 Cir. 12/9/15), 182 So.3d 344. that he was voluntarily underemployed and attempt to characterize their allegations as Spouses are not required to appear in had “engaged in a deliberate, malicious tortious interference with a contract was court to receive authority to terminate their scheme to reduce his reportable income in rejected, particularly given the very limited community regime and to enter into a sepa- order to frustrate his support obligations.” situation in which that cause exists. rate property regime under La. Civ.C. art. 2329. The court’s finding that the agreement
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70 June / July 2016 serves as the best interest of the parties, and exercised quality-control supervision to some additional measures, e.g., providing that they understand the governing rules and ensure compliance with the specifications. clean, respirable air and proper ventilation, principles of the regime, can be satisfied Savoie contracted mesothelioma, allegedly necessary showers and special clothing, by the joint petition and the parties’ sworn caused by exposure to asbestos. Before and warning of the dangers of exposure to affidavits and/or certifications. his death, Savoie filed suit in state court asbestos. The Savoies’ negligence claims against Ingalls and its prior incarnations, thus challenge discretionary acts of the Divorce including Avondale, and their insurers. shipyard free of federal interference. As a The defendants timely removed to federal result, the government’s directions to the Matthews v. Matthews, 15-0499 (La. App. court under the federal officer removal shipyard via the contract specifications did 5 Cir. 12/23/15), 184 So.3d 173. statute, and the plaintiffs sought remand. not cause the alleged negligence, and those Ms. Rogers’ use of marijuana during the The federal district court construed all of claims do not support removal. marriage for medicinal purposes, of which plaintiff’s claims as negligence claims and The Savoies assert strict liability causes Mr. Matthews was aware and had not com- found that federal jurisdiction did not exist of action under La. Civ.C. art. 2317. The plained, did not rise to fault to preclude her because the shipyard retained discretion in court noted that removal of the entire case from receiving final spousal support. The its safety policies and could have complied is appropriate so long as a single claim satis- court found that while daily drug usage could with both the government’s requirements for fies the federal officer removal statute. The be considered “habitual intemperance,” it the vessels’ construction and its state law court quoted Professors Maraist and Gal- also found that “the consumption must be to duties of care. Plaintiffs appealed. ligan for the proposition that the Legislature such an extent that it substantially interferes The statute governing removal, 28 effectively eliminated strict liability under with the spouse’s marital duties or inflicts U.S.C. § 1447 (d), holds that orders remand- article 2317 in 1996, turning it into a neg- great mental anguish upon the other spouse.” ing to state court are not reviewable, with ligence claim, by requiring knowledge or Id. at 178. Here, Ms. Rogers was able to two exceptions — certain civil rights cases, constructive knowledge under article 2317. perform the tasks typically expected of a and remand orders involving the federal However, the court found that pre-1996 law homemaker, including taking care of the officer removal statute. The first federal governed because Savoie worked at the children. He also complained that she was officer removal statute was enacted in 1815 shipyard “for almost half a century prior to at fault for denying his sexual advances, to address state court claims brought by Louisiana’s abolition of strict liability,” and but the court rejected this, too. shipowners against federal customs officials survival claims based on asbestos exposure in New England states that opposed a trade are governed by the law in effect when the —David M. Prados embargo with England enacted during the exposure occurred. Member, LSBA Family Law Section War of 1812. Thus it predates the general The court then considered whether the Lowe, Stein, Hoffman, Allweiss federal question jurisdiction statute by 60 survival claims alleging strict liability based & Hauver, L.L.P. years. It addresses a historic concern about on mere use of asbestos give rise to federal Ste. 3600, 701 Poydras St. state court bias. Among its purposes is to jurisdiction. The court stated: New Orleans, LA 70139-7735 ensure that federal officers have a federal forum in which to assert federal immunity [O]ur best reading of Louisiana law defenses. is that a strict liability plaintiff need Two inquiries are the subject of this ap- only prove the following: (1) that Insurance, Tort, peal: first, whether the federal government the asbestos-containing products that Workers’ was directing the defendant’s conduct and caused his damages were in the “care, Compensation & whether that federally-directed conduct custody and control” of the defen- Admiralty Law caused plaintiff’s injuries, i.e., a causal dant; (2) that the asbestos-containing nexus. The district court did not find such products had a “vice, ruin, or defect causal nexus, and thus did not reach the that presented an unreasonable risk final inquiry, whether the defendant asserts of harm”; and (3) “that the vice, ruin, Tort: Federal Officer a colorable federal defense. The court noted or defect was the cause-in-fact of the Removal Statute that, while the principal of limited federal plaintiff’s damage.” . . . This analysis court jurisdiction generally compels resolu- of the elements of strict liability un- Savoie v. Huntington Ingalls, Inc., ____ tion of any doubts about removal in favor of der pre-1966 Louisiana law largely F.3d ____ (5 Cir. 2016), 2016 WL 1138841. remand, the legislative and judicial history resolves the “causal nexus” inquiry Joseph Savoie was a laborer at Ingalls’ of the removal statute clearly mandate that, for federal officer removal. Avondale Shipyards from 1948-96 when when federal officers and their agents are Avondale was principally engaged in seeking a federal forum, section 1442 is to The court noted that the Savoies’ strict building ocean-going vessels for the U.S. be interpreted broadly in favor of removal. liability claims “rest on the mere use of Navy. The contractual specifications for Plaintiff’s claims mostly allege the asbestos, and that use at the shipyard was these vessels included the use of asbestos shipyard’s negligence in failing to act pursuant to government directions via con- for thermal insulation. The government when it would have been reasonable to take tract specifications. Unlike claims based on
Louisiana Bar Journal Vol. 64, No. 1 71 negligence, those based on strict liability do nership Agreement to Congress and many Customs Bill not turn on discretionary decisions made by presidential candidates heap criticism on the shipyard.” The court stated that it had U.S. trade policies. As previously reported in this section, previously recognized that strict liability The USW petition seeks relief pursu- the Trade Facilitation and Trade Enforce- claims support federal officer removal when ant to Section 201 of the Trade Act of ment Act (Customs Bill) was recently the government obligates the defendant to 1974, which allows the U.S. President signed into law by President Obama. One use the allegedly defective product that to provide unilateral trade relief in the particular provision of the Customs Bill causes the plaintiff’s harm. form of tariffs if the International Trade is already being implemented by U.S. The court then remanded the case to Commission (ITC) determines that im- business. The legislation eliminates the the district court to consider whether the ports are a substantial cause of serious “consumptive demand” exception to the defendant possessed a colorable federal injury to the domestic industry. Section prohibition on importing goods produced defense. The shipyard proposed two — the 201 actions are rare inasmuch as they by convict, forced or indentured labor. federal contractor defense, and a preemption require tariffs to be employed on a Most U.S. Customs and Border Protection defense under the Longshore and Harbor Favored Nation basis, meaning that they issued a Detention Order on March 29, Worker’s Compensation Act — and the are applied to imports irrespective of 2016, preventing shipments of soda ash, district court had considered neither. country of origin. An ordinary Section calcium chloride, caustic soda and rayon 201 investigation takes approximately six fiber from the Chinese company Tangshan —John Zachary Blanchard, Jr. months. The USW is seeking to shrink the Sanyou Group based on suspicions that Past Chair, LSBA Insurance, Tort, typical time frame by requesting a finding it is using prison labor in the production Workers’ Compensation and of “critical circumstances,” which if found of those goods. Admiralty Law Section gives the President only 30 days to apply 90 Westerfield St. some type of provisional relief while the —Edward T. Hayes Bossier City, LA 71111 full investigation proceeds. Chair, LSBA International Law Section U.S. Congress Leake & Andersson, L.L.P. Ste. 1700, 1100 Poydras St. International Miscellaneous Tariff Bill Process, H.R. New Orleans, LA 70163 Law 4923 and S. 2794 (114th Congress). The U.S. House and Senate intro- duced companion legislation on April 13, 2016, to restart the Miscellaneous Tariff Labor and Bill (MTB) process that has languished Employment U.S. International Trade since 2012. The House bill, American Law Commission Manufacturing Competitiveness Act of 2016, establishes a new process for In re Primary Unwrought Aluminum, American businesses to seek tariff relief. Inv. No. TA-201-____ (April 18, 2016). This particular process has been on hold EEOC Files Title The United Steelworkers (USW) because House Republican rules consider VII Suits Alleging launched a major volley in the interna- the benefits of miscellaneous tariff relief Sexual Orientation tional trade game by filing a Section 201 to be earmarks, which are banned under safeguard petition against imported alu- House rules. The new process shifts Discrimination minum. The last successful Section 201 consideration from Congress to the ITC. case was brought on imported steel, with U.S. businesses will now file a petition for On March 1, 2016, the U.S. Equal tariffs being imposed by then-President tariff relief directly with the ITC, which Employment Opportunity Commission George W. Bush on March 5, 2002. The issues a report to Congress with appro- (EEOC) filed two actions in two federal USW petition seeks to impose up to a priate recommendations after a public district courts asking the courts to rec- 50 percent tariff on aluminum imports comment period. The ITC will continue ognize sexual orientation discrimination from China and other countries that are to use MTB standards, including the as sex discrimination under Title VII. allegedly causing serious injury to the requirement of no domestic production. The two suits are EEOC v. Pallet domestic aluminum injury. The alumi- The House Ways & Means Committee Companies, filed in the U.S. District num safeguard petition comes during a and the Senate Finance Committee will Court for the District of Maryland, very sensitive time in the trade world. review the ITC’s recommendations and Baltimore Division, and EEOC v. Scott Chinese steel overcapacity is dominating draft a MTB proposal. Medical Health Center, filed in the U.S. trade headlines, while President Obama District Court for the Western District prepares to submit the Trans-Pacific Part- of Pennsylvania. The Pallet case in-
72 June / July 2016 volves a lesbian employee whose su- 00595-RDB, at 5. In essence, the EEOC (see, e.g., EEOC v. R.G. & G.R. Harris perior allegedly harassed her because argues that sexual orientation discrimi- Funeral Homes, Inc., 100 F. Supp. 3d of her sexual orientation. Complaint at nation amounts to sex discrimination 594, 595 (E.D. Mich. 2015)), Pallet and 3-4, EEOC v. Pallet Companies, No. because it arises out of the homosexual Scott Medical are the first EEOC suits to 1:16-cv-00595-RDB (D. Md. Mar. 1, employee’s failure to conform to his or allege sex discrimination based on sex- 2016). The complaint alleges that after her harasser’s notions of gender norms. ual orientation. The suits are part of the the employee reported the harassment See id. EEOC’s Strategic Enforcement Plan, to her employer, the employer fired her. Title VII of the Civil Rights Act pro- which prioritizes coverage of “lesbian, Id. at 4. The Scott Medical case involves hibits employers from discriminating gay, bisexual and transgender individu- a gay male employee whose supervisor based on “race, color, religion, sex, or als under Title VII’s sex discrimination also allegedly harassed him because of national origin.” 42 U.S.C. § 2000e- provisions, as they may apply.” U.S. his sexual orientation. Complaint at 3-4, 2(a). However, Title VII does not ex- Equal Emp’t Opportunity Comm’n, EEOC v. Scott Medical Health Center, pressly prohibit discrimination based Strategic Enforcement Plan (SEP), at 10 No. 2:16-cv-00225-CB (W.D. Pa. Mar. on an employee’s LGBT status. Further- (Dec. 17, 2012), available at: www.eeoc. 1, 2016). The complaint alleges that more, although lower federal courts are gov/eeoc/plan/upload/sep.pdf. Thus, when the defendant employer failed to split on the issue, the Supreme Court has Pallet and Scott Medical represent the take action to prevent the harassment, yet to rule on whether Title VII’s prohi- EEOC’s latest strategic move in a con- the employee resigned to avoid working bition against sex discrimination covers tinuously developing area of Title VII in a hostile environment. Id. at 4. LGBT-related discrimination. law. In both complaints, EEOC argues The EEOC, the agency charged with The EEOC is also engaged in LG- that the defendant-employers’ actions interpreting and enforcing Title VII, is BT-related Title VII litigation within amounted to discrimination based on authorized to bring Title VII enforce- the 5th Circuit. In EEOC v. Boh Bros. sexual orientation, which discrimina- ment suits. 42 U.S.C. §§ 2000e-5(f)(1) Construction Co., the 5th Circuit ul- tion “necessarily entails treating an em- and (3). While the EEOC has brought timately upheld a jury verdict in favor ployee less favorably because of [his or suit alleging that discrimination based of the EEOC, holding that the EEOC her] sex.” Scott Medical, No. 2:16-cv- on an employee’s transgender status had sufficiently shown that the harass- 00225-CB, at 4; Pallet, No. 1:16-cv- constitutes Title VII sex discrimination er discriminated against the employee
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Louisiana Bar Journal Vol. 64, No. 1 73 on the basis of sex because the harass- will wait for Congress to decide whether the drilling of a well . . . by the holder ment arose from the employee’s failure to amend Title VII to include an express of . . . a [duly-authorized] permit.” The to conform to the harasser’s subjective prohibition against sexual-orientation district court agreed and dismissed the perception of gender stereotypes. 731 and gender-identity discrimination. In case. The Parish appealed. F.3d 444, 451, 460 (5 Cir. 2013). In sum, the EEOC’s latest efforts in this The Louisiana 1st Circuit affirmed, Broussard v. First Loan Tower, L.L.C., developing area of law are worth watch- holding that La. R.S. 30:28 expressly the EEOC intervened in a suit filed in ing. preempts the Parish’s prohibition on the Eastern District of Louisiana by drilling. The court also stated that Loui- Tristan Broussard, a transgender man. —Kathryn M. Knight siana’s comprehensive system of oil and 2016 U.S. Dist. LEXIS 29523, at *5-7 Secretary-Treasurer, LSBA Labor and gas statutes implicitly preempts any local (E.D. La. March 8, 2016). Broussard’s Employment Law Section regulation of oil and gas activity. The suit alleges that Loan Tower committed and court rejected arguments that certain pro- sex discrimination when it fired him for Annie G. McBride visions in the Louisiana Constitution that refusing to sign a statement agreeing to Stone Pigman Walther Wittmann, L.L.C. grant zoning authority and other powers act as a woman at work. Id. at *6. Using 546 Carondelet St. to local governments prevent La. R.S. the rationale from Boh Bros., the EEOC New Orleans, LA 70130 30:28 from preempting the Parish’s ban argues that transgender discrimination on drilling. The court noted that each of involves gender stereotyping and vio- those provisions contains a qualifier that lates Title VII. Memorandum in Support the authority being granted is subject to of Motion to Intervene at 2, No. 2:15-cv- any “general laws” of the State. 01161-CJB-SS. The court stayed both Finally, the appellate court rejected Broussard’s and the EEOC’s suits while an argument that La. R.S. 33:109.1 Broussard and Tower Loan undergo Mineral prohibited the Commissioner from arbitration. Broussard, 2016 U.S. Dist. Law granting a drilling permit that would LEXIS 29523 at *7-8. The EEOC made be inconsistent with the Parish’s master similar arguments in an amicus brief to land use plan. The court explained that the 5th Circuit in Eure v. Sage Corp. the statute merely provides that state on behalf of the transgender plaintiff- agencies must “consider” such local appellant, arguing that where a plaintiff Well Drilling Issue plans, and that the record demonstrated alleges transgender discrimination, he that the Commissioner considered the necessarily states a sex discrimination St. Tammany Parish Gov’t v. Welsh, Parish’s plan. claim because transgender discrimina- 15-1152, ____ So.3d ____ (La. App. 1 Cir. 3/9/16), 2016 WL 918361. tion involves consideration of gender Full Ownership or stereotypes. Fact Sheet: Recent EEOC In 2014, the Louisiana Commissioner Litigation Regarding Title VII & LGBT- of Conservation issued a permit to Helis Right of Way? Related Discrimination, Equal Opportu- Oil to drill a well at a site in St. Tam- nity Employment Commission, https:// many Parish. There were no buildings Keystone Energy Co. v. Denbury On- www.eeoc.gov/eeoc/litigation/selected/ or structures within one mile of the shore, L.L.C., 15-0999, ____ So. 3d lgbt_facts.cfm (last updated March 1, proposed site, which had been used as ____ (La. App. 3 Cir. 3/30/ 16). 2016). However, the appellant ultimate- a pine tree farm for at least 30 years, In this concursus proceeding, the ly withdrew the appeal. Id. Adding to the but the area was zoned for residential parties disputed whether a 1904 notarial relevance of these issues in Louisiana, use and St. Tammany Parish’s zoning act transferred full ownership of certain Governor John Bel Edwards recently ordinances purported to prohibit drilling land in Jefferson Davis Parish to Union issued an executive order directing that at the site. The Parish filed suit against Pacific Railroad Company’s predecessor no state employer may discriminate on the Commissioner, seeking a declaratory or whether the 1904 act conveyed only a the basis of sexual orientation or gender judgment that the Parish’s prohibition right of way. If it conveyed ownership, identity “in any matter pertaining to em- on drilling was enforceable. Helis inter- Union Pacific and its lessee, Keystone ployment by the state.” La. Exec. Order vened on the side of the Commissioner, Energy Company, L.L.C., would own No. JBE 2016-11 (April 13, 2016). and a nonprofit organization intervened mineral rights in the land. If not, other As Pallet, Scott Medical and similar on the side of the Parish. persons would own those rights. suits percolate through the federal court The Commissioner argued that the Three copies of the 1904 act existed. system, it is unclear whether the Su- Parish’s prohibition on drilling is pre- A handwritten version was recorded in preme Court will ultimately recognize empted by La. R.S. 30:28, which pro- Orleans Parish in 1904 (a copy of this a prohibition against LGBT-related dis- vides that political subdivisions of the version was recorded in Jefferson Da- crimination within Title VII’s sex dis- state are “hereby expressly forbidden, vis Parish in 2010). A typed copy was crimination clause, or whether the Court to prohibit or in any way interfere with recorded in Calcasieu Parish in 1904
74 June / July 2016 (as of 1904, the land in question was ish until 2010, after they had acquired the court concluded that the act was part of Calcasieu Parish). An identical their rights. The Louisiana 3rd Circuit ambiguous — that is, the act did not typed version appears in the records of rejected this argument, concluding that unambiguously convey full ownership. Jefferson Davis Parish, which was later the district court had not relied on the Further, extrinsic evidence regarding the carved from Calcasieu. The handwritten 2010 recordation of the handwritten meaning of the act was conflicting. Ac- and typed versions are virtually identical, version. The district court relied on the cordingly, neither Keystone and Union except that the typed versions include a 1904 recordation of the typed version Pacific on the one hand, nor Denbury caption to the left of the text that includes and had simply disregarded the caption and Hilcorp on the other, were entitled the phrase “right of way.” that included the phrase “right of way.” to summary judgment. The 3rd Circuit, Keystone and Union Pacific argued The 3rd Circuit concluded that this was therefore, reversed and remanded for that the 1904 act conveyed ownership. proper. It was clear that the caption had further proceedings. Denbury Onshore, L.L.C., and Hilcorp, been added by a clerk in the recordation the current operators of the unit well on office. The 3rd Circuit stated that there —Keith B. Hall the property, argued that the act conveyed was no genuine dispute regarding the Member, LSBA Mineral Law Section only a right of way. Following a hearing facts that the caption had not been part of Louisiana State University on cross motions for partial summary the original act and that the act had been Paul M. Hebert Law Center judgment, the trial court ruled that the recorded in 1904 in Calcasieu Parish, 1 E. Campus Dr. 1904 act conveyed ownership and that where the land was located at the time. Baton Rouge, LA 70803 Union Pacific and Keystone, therefore, Denbury and Hilcorp also argued and were entitled to production revenues that the act unambiguously conveyed Colleen C. Jarrott being held in the registry of the court. only a right of way. They pointed to Member, LSBA Mineral Law Section Denbury and Hilcorp appealed. They language in the act that referred to “right Slattery, Marino & Roberts, A.P.L.C. argued that the handwritten version was of way.” The 3rd Circuit disagreed with Ste. 1800, 1100 Poydras St. not binding on third persons because it their argument that the acts unambigu- New Orleans, LA 70163 was not recorded in Jefferson Davis Par- ously conveyed only a right of way. But
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Louisiana Bar Journal Vol. 64, No. 1 75 diseases acquired during surgery were ing” of a physician constituted medical “treatment related.” Two Louisiana appel- malpractice that was subject to the Act. Bil- late court cases and a Louisiana Eastern leaudeau v. Opelousas Gen. Hosp. Authority, Professional District case were cited by the court, each 15-1034 (La. App. 3 Cir. 4/6/16), ____ So. Liability of which ruled that the claimed negligence 3d ____, 2016 WL 1358014. was treatment-related and thus deserved the Here, the patient had a stroke, and the protections of the Act. The court also cited plaintiffs filed a request for a panel to review two cases in which it had previously found Dr. Zavala’s treatment. They also filed a Sterilization of Hospital that the acts of negligence were not treatment lawsuit against the hospital based on the related, but distinguished them from Dupuy, general tort of the negligent credentialing Equipment and the as neither case involved infection or aseptic of a physician in emergency medicine and Medical Malpractice Act sterilization. stroke diagnosis. The district court granted The court found unpersuasive the plain- the plaintiff’s partial summary judgment Dupuy v. NMC Operating Co., 15-1754 tiff’s argument that the failure to maintain motion, finding credentialing negligence (La. 3/15/16), 187 So.3d 436. and service the sterilization equipment outside the Act’s coverage and certified it as Several news reports have appeared occurred before the patient entered the a final judgment, from which the defendants concerning the seemingly nationwide issue hospital, as it found no requirement in the appealed. of sterilization of surgical and diagnostic Act that the negligent act must be “con- As did the Supreme Court in Dupuy, equipment. The issue in Dupuy was whether temporaneous with a patient’s treatment in supra, the Billeaudeau court examined the a claim for the failure to properly maintain order to fall under the MMA.” To buttress alleged negligent acts pursuant to the Cole- and service surgical equipment used in the this conclusion, the court said that the Act man v. Deno factors, first noting the difficulty sterilization process could properly fall itself specifies that “training and supervi- of applying those factors to a negligent cre- within the ambit of the Medical Malprac- sion” of health-care providers is within the dentialing claim, which it declared was not tice Act. definition of malpractice, and it opined that “purely a medical decision.” For example, The plaintiff developed a post-operative those measures “necessarily” occur before the first Coleman factor asks whether the infection following spinal surgery and filed a treatment. particular wrong is treatment-related, but lawsuit in which he contended, among other The plaintiff’s argument that mainte- this patient’s claim was that the hospital was things, that the hospital “fail[ed] to properly nance and service of sterilization equipment negligent in hiring a physician to treat him sterilize and/or clean surgical instrumenta- may have been performed by “plant opera- who was inexperienced in both emergency tion” used during the surgery and/or that tions, rather than by physicians” was likewise medicine and stroke diagnosis. its employees failed to use proper “aseptic unconvincing to the Dupuy court, as “[n] Citing its earlier case of Plaisance v. Our technique” prior to surgery. The hospital othing in the statute’s plain language limits Lady of Lourdes Regional Medical Center, filed exceptions of prematurity based on its its application to direct treatment” by any Inc., 10-0348 (La. App. 3 Cir. 10/6/10), 47 qualified health-care-provider status, which health-care provider. Thus, the Act “neces- So.3d 17, writ denied, 10-2520 (La. 1/14/11), entitled it to a medical-review panel. sarily includes actions which are treatment 52 So.3d 904, wherein it had “engaged in The district court found that one of the related and undertaken by the Hospital in its an exhaustive examination of each of the plaintiffs’ allegations fell outside the ambit of capacity as a health care provider — even Coleman factors,” the Billeaudeau court the Act. The appellate court denied the hos- if those actions are not performed directly said that the particular wrong in Plaisance pital’s writ without comment. The Supreme by a medical professional.” — despite a negligent credentialing claim by Court, however, granted the hospital’s writ. The court then discussed the remainder the plaintiffs — was treatment-related. The In its argument to the Supreme Court, of the Coleman factors, which it concluded court explained that in light of the allega- the hospital contended that the lower courts likewise favored coverage under the Act, tions as to substandard care, the court had misapplied the Coleman v. Deno factors, 01- i.e., medical testimony would be required, to review the treatment that the physician 1517 (La. 1/25/02), 813 So.2d 303, which are without which the plaintiffs would be unable provided as well as the hospital’s decisions used to determine whether a cause of action to meet their burden of proof; and the incident thereafter. In Billeaudeau, however, the sounds in medical malpractice or general occurred in the context of a physician-patient court did not have to review the treatment tort. It argued that one of the obvious obliga- relationship. to determine whether the hospital was neg- tions of a hospital is to provide patients with The district court’s denial of the hospital’s ligent in hiring the physician; thus, the court clean and sterile facilities, which necessarily exception of prematurity was error, and as concluded the firstColeman factor weighed includes proper cleaning of instruments, and such, it was reversed. against associating negligent credentialing thus the Act applied. The plaintiffs countered with medical malpractice. that the mandatory strict construction of the What about Conversely, whether the wrong required Act and the Coleman factors resulted in ap- expert testimony to determine there was a plicability of general tort liability. Credentialing? breach (the second Coleman factor) weighed The Dupuy court found persuasive The 3rd Circuit was presented with the in favor of finding the claim to be covered that other courts had found that infectious question of whether “negligent credential- by the Act. However, again using Plaisance
76 June / July 2016 as a guide, the court noted that the expert court in Billeaudeau: “We find this to be a the limitations of the Act are in derogation testimony in Billeaudeau would be of a particularly circular type of analysis.” If a of general tort law and should be strictly different nature than what was required in patient never sought treatment, the claim construed in favor of plaintiffs, citing Wil- Plaisance. obviously never would have been filed, a liamson v. Hospital Service District No. 1 The court decided credentialing methods circumstance that is almost always present in of Jefferson, 04-0451 (La. 12/1/04), 888 did not involve the assessment of the patient’s these types of cases. Here, while the patient’s So.2d 782. It also wrote that the Legislature condition, i.e., the third Coleman factor, thus, injuries were surely related to the treatment amended the definition of malpractice in militating against the applicability of the Act. provided by Dr. Zavala, the hospital’s cre- 2001 (La. R.S. 40:1299.41(A)(8)) to include The fourth Coleman question is whether dentialing decisions were not necessarily “acts or omissions” in the training or super- the negligence “occurred in the context of the tied to the treatment he rendered. The court vision of health-care providers and noted physician-patient relationship, or was within agreed with the trial court’s observation that three later attempts to add “credentialing” the scope of activities which a hospital is li- it was difficult to apply this factor to the in the definition of malpractice: “Each of censed to perform.” Again, citing Plaisance, case before it, but nevertheless concluded these bills failed to become law. We will not 47 So.3d at 22, the court explained that La. that this factor also weighed against treat- create law by judicial fiat when, as here, the R.S. 40:2114(E) provides that hospitals shall ing the claim as malpractice. Likewise, the legislature clearly failed to do so.” establish the rules concerning qualifications sixth Coleman factor (whether the tort was The judgment of the trial court was for clinical privileges for all of their health- intentional) is seldom an issue in deciding affirmed. care providers. Thus, the Billeaudeau court coverage under the Act, as was the case in decided that credentialing was within the Billeaudeau, and the court found that the —Robert J. David scope of those activities, weighing in favor final factor was not applicable. Gainsburgh, Benjamin, David, of treating the claim as malpractice. The Billeaudeau court opined that this Meunier & Warshauer, L.L.C. Would the injury have occurred if the claim for negligent credentialing did not war- Ste. 2800, 1100 Poydras St. patient had not sought treatment? The oddity rant the protections of the Act. In reaching New Orleans, LA 70163-2800 of this fifthColeman factor was noted by the that conclusion, it noted its mindfulness that LSBA Member Services – Business Services
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Louisiana Bar Journal Vol. 64, No. 1 77 to the credit for ad valorem taxes paid on Sports, Inc., which “rented” space for sports the inventory of JPS as requested. The LDR activities and other activities, was charg- sought judicial review. The district court ing for taxable admission to its facilities Taxation agreed with the BTA, reasoning that there under La. R.S. 47:301(14)(b)(i), making is nothing in the statute that provides that an the facility liable for failing to collect item held for resale cannot be rented while it sales taxes, and also for penalties and is in inventory awaiting a buyer. The district interest. Topshelf rented its recreational court affirmed the BTA judgment, but did facility in Youngsville, La., for a variety Inventory Tax Credit- not order payment of the refund amount of activities, including sporting and trade sought by the Bullocks. The LDR and the events, exhibitions and birthday parties. Lease/Rental Equipment Bullocks appealed the judgment. The facility was equipped with a skat- The LDR argued that the district court ing rink, volleyball court, locker rooms, Bridges v. Bullock, 50,297 (La. App. 2 and BTA erred in finding that inventory bathrooms and a concession stand, which Cir. 2/19/16), ____ So.3d ____, 2016 WL includes leased property and that the forums Topshelf operated at its discretion. Though 683817. below improperly interpreted the statute Topshelf did collect state taxes on conces- The 2nd Circuit Court of Appeal af- providing the tax credit. The court relied sion items sold, no tax was collected on firmed a decision by the Louisiana Board on the testimony of the Bullocks that JPS the rental charges. Topshelf argued that of Tax Appeals (BTA) that held equipment seeks to sell all of its equipment and that amounts collected from customers were that was leased/rented before the item was many customers lease the equipment for for the rental of an immovable, thus not sold qualifies as “inventory” for purposes a period of time before a purchase. The subject to sales tax. The BTA sided with of the inventory tax credit provided by La. Bullocks testified that at times, when a LPSS, finding that Topshelf was providing R.S. 47:6006. customer wanted to buy a particular type “sale of services” within the meaning of Kenneth and Margaret Bullock are of equipment that was being leased, JPS R.S. 47:301(14)(b)(i). members of JPS Equipment, L.L.C., a multi- had provided a similar piece of equipment The appellate court upheld the BTA’s member Louisiana limited liability company to the lessee and then sold the equipment decision, stating that R.S. 47:301(14)(b) in the business of selling and leasing new and that had been leased. The court held the (i) provides that the “Sales of Services” used construction equipment. JPS is treated testimony supported the BTA’s finding that includes: as a partnership for federal and state income all of the items were goods awaiting sale, tax purposes, so that the tax consequences thereby constituting the inventory of JPS, The sale of admissions to places of of its business activities “flow through” to and that JPS is a retailer engaged in the amusement, to athletic entertainment its members. As a result, the Bullocks are sale of products to the ultimate consumer. other than that of schools, colleges, allowed to claim on their joint individual The court remanded the matter to the BTA universities, and recreational events, tax return their proportionate share of any to determine the specific amount of refund and the furnishing, for dues, fees or inventory tax credit the law allows for ad due the Bullocks. other consideration of the privilege valorem taxes paid by JPS. of access to clubs or the privilege For income tax years 2004, 2005 and —Antonio Charles Ferachi of having access to or the use of 2006, the Bullocks claimed inventory tax Member, LSBA Taxation Section amusement, entertainment, athletic credits for ad valorem taxes paid by JPS for Director, Litigation Division or recreational facilities. construction equipment that had been leased Louisiana Department of Revenue prior to sale. The Louisiana Department 617 North Third St. Despite Topshelf’s contention that its of Revenue (LDR) allowed the credit for Baton Rouge, LA 70821 customers were paying “rent” in exchange taxes paid on items reported to the local tax for full use of the facility, the court found assessors as inventory and issued a refund. that it was a “mischaracterization,” not- However, the LDR disallowed the portion of Rental of Sports Facility ing that Topshelf never at any time fully the inventory tax credit claimed by the Bull- Not Rental of Immovable; relinquished possession of the building as ocks for taxes paid on leased equipment and would occur under a non-taxable “lease” denied that portion of the requested refund. Subject to Sales Tax on agreement as envisioned by the Legislature. The Bullocks filed a petition with the BTA Services Thus, the court found that LPSS rightfully alleging that they were entitled to the inven- taxed Topshelf for its sale of services pursu- tory tax credit for taxes paid on the property Topshelf Sports v. Simpson, 15-1111 (La. ant to R.S. 47:301(14)(b)(i). leased before sale. The BTA found that every App. 3 Cir. 3/23/16), 186 So.3d 1288. item for which a credit was requested was The Louisiana 3rd Circuit Court of —Jaye A. Calhoun held for sale and that the items were rented Appeal has upheld the BTA’s decision in Member, LSBA Taxation Section to promote their sale. The BTA further found favor of Lafayette Parish School System McGlinchey Stafford, P.L.L.C. that JPS is a retailer engaged in the sale of Sales Tax Division (LPSS). The LPSS 601 Poydras St., 12th Flr. products to the ultimate consumer and, as had determined that the facility, Topshelf New Orleans, LA 70130 members of JPS, the Bullocks are entitled
78 June / July 2016 31:115. The Civil Code, on the other hand, provides for a maximum term based on a Trusts, Estate, stated number of years. Accordingly, the Code of Probate & court held that “the general lease provision rofessionalism Immovable providing that a maximum lease term is 99 P Property Law years clearly conflicts with the maximum ► My word is my bond. I will never term established for mineral leases as pro- intentionally mislead the court or other vided by the Mineral Code.” counsel. I will not knowingly make 108-Year-Old Mineral While the appellate court found that the statements of fact or law that are untrue. Lease Survives Civil Code’s term limitation of 99 years ► I will clearly identify for other coun- did not apply to mineral leases, it agreed sel changes I have made in documents that perpetual leases are void from their Regions Bank v. Questar Expl. & Prod. submitted to me. inception. However, the appellate court Corp., 50,211 (La. App. 2 Cir. 1/13/16), ► I will conduct myself with dignity, reasoned that the leases at issue were not 184 So.3d 260. civility, courtesy and a sense of fair perpetual, but rather, by way of the haben- Pursuant to civilian tradition, Louisiana play. dum or “thereafter” clause, were based on law prohibits perpetual leases as an infringe- ► I will not abuse or misuse the law, the occurrence of an express resolutory ment on ownership and has long viewed 99 its procedures or the participants in the condition. The habendum clause, the use of years as the time at which a lease becomes judicial process. which the court noted is standard practice perpetual. The issue presented to the 2nd ► I will consult with other counsel in the industry, is two-tiered. The first is Circuit was whether mineral leases are whenever scheduling procedures are re- of a definite duration and the second is of exempt from this general rule. quired and will be cooperative in sched- an indefinite duration. The leases at issue The three mineral leases at issue in the uling discovery, hearings, the testimony provided for a primary term of 10 years case were executed in 1907 and granted for of witnesses and in the handling of the within which to commence drilling. Only a primary term of 10 years “and as much entire course of any legal matter. then would a secondary term commence, longer thereafter as gas or oil is found or ► I will not file or oppose pleadings, and would continue only so long as there is produced in paying quantities . . . .” Plaintiffs conduct discovery or utilize any course an established oil or gas well that is actually sought a judicial declaration of termination of conduct for the purpose of undue de- producing or capable of producing in pay- by operation of law based on La. Civ.C. art. lay or harassment of any other counsel ing quantities. That the “secondary term” is 2679, which limits the duration of a lease or party. I will allow counsel fair oppor- limited to 99 years is contrary to the concept to 99 years. The trial court concluded that tunity to respond and will grant reason- of maintaining a lease for as long as miner- article 2679 was inapplicable to mineral able requests for extensions of time. als are producing in paying quantities. As a leases and dismissed the case. Plaintiffs ► I will not engage in personal attacks result, the appellate court found that the trial appealed. on other counsel or the court. I will sup- court properly determined that the leases The 2nd Circuit agreed with the trial port my profession’s efforts to enforce were not perpetual in nature, and therefore court’s findings, reasoning that the general its disciplinary rules and will not make not void ab initio as against public policy. lease provision cannot apply to mineral unfounded allegations of unethical con- leases because mineral leases have their own duct about other counsel. —Christina Peck Samuels maximum term as provided by the Mineral ► I will not use the threat of sanctions Member, LSBA Trusts, Estate, Probate and Code. Specifically, the Louisiana Mineral as a litigation tactic. Immovable Property Law Code provides for a maximum primary ► I will cooperate with counsel and the Sher Garner Cahill Richter and Klein, L.L.C. term of 10 years and a maximum second- court to reduce the cost of litigation and Ste. 2800, 909 Poydras St. ary term based upon continued drilling or will readily stipulate to all matters not New Orleans, LA 70112 mining operations or production. La. R.S. in dispute. ► I will be punctual in my communi- cation with clients, other counsel and the court, and in honoring scheduled appearances.
Your call is absolutely confidential Following approval by the Louisiana State Bar Association House of Delegates and the Board as a matter of law. of Governors at the Midyear Meeting, and approval by the Supreme Court of Louisiana on Jan. 10, 1992, the Code of Professionalism Call toll-free (866)354-9334 was adopted for the membership. The Code originated from the Professionalism and Email: [email protected] Quality of Life Committee. or visit www.LouisianaJLAP.com
Louisiana Bar Journal Vol. 64, No. 1 79 Reg LE ister today at www.lsba.org/C
n the legal community the more you know, the faster you’ll get ahead. That’s why the Louisiana State Bar Association offers a variety of seminars on a wide range of legal topics. Enrolling in them will help you stay competitive and keep up with the ever-changing laws. The Continuing Legal Education Program Committee sponsors more than 20 programs each year, ranging from 15-hour credit Iseminars to one-hour ethics classes. Check online for the most up-to-date list of upcoming seminars at www.lsba.org/CLE. 2016-2017 LSBA CLE Calendar Employment Law Voodoo Fest CLE French Quarter Fest CLE: Aug. 19, 2016 • New Orleans October 28, 2016 • New Orleans 9th Annual White Collar Crime Symp. April 7, 2017 (Tentative Date) Appellate Law Ethics & Professionalism New Orleans Aug. 26, 2016 • New Orleans Nov. 4, 2016 • Bossier City Medical Malpractice Ethics & Professionalism Workers’ Comp CLE April 7, 2017 • New Orleans Sept. 6, 2016 • Lafayette Nov. 4, 2016 • Baton Rouge Immigration Law In-house Counsel/Outside Practice 15th Annual Class Action/ April 21, 2017 • Shreveport Sept. 9, 2016 • New Orleans Complex Litigation Symposium Nov. 11, 2016 • New Orleans 57th Bi-Annual Bridging the Gap Insurance Law April/May, 2017 • New Orleans Sept. 12, 2016 • New Orleans New York, New York CLE Nov. 19-21, 2016 • New York, NY Jazz Fest CLE Vegas Multi-Topic CLE April 21, 2017 (Tentative Date) Sept. 12-14, 2016 Ethics & Professionalism: New Orleans Encore Resort • Las Vegas, NV Watch Your P’s & Q’s Dec. 2, 2016 • New Orleans Healthcare Law 23rd Annual Admiralty Symposium April 28, 2017 • New Orleans 25th Summer School Revisited Sept. 16, 2016 • New Orleans Dec. 8 & 9, 2016 • New Orleans Consumer Law Protection & Ethics & Professionalism Mortgage Lending Trial Practice CLE Sept. 23, 2016 • New Orleans April 28, 2017 • New Orleans Dec. 13, 2016 • New Orleans
Personal Injury Quality of Life CLE Sept. 30, 2016 • New Orleans Dec. 13, 2016 • New Orleans
Energy & Environmental Law Summit CLE Wrap Up Oct. 6 & 7, 2016 • New Orleans Dec. 16, 2016 • New Orleans
10th Annual Dispute Resolution Seminar Dazzling Disney CLE Oct. 14, 2016 • Baton Rouge Feb. 27-March 1, 2017 Disney’s Grand Floridian 56th Bi-Annual Bridging the Gap Orlando, FL Oct. 18 & 19, 2016 • New Orleans
Military Law Oct. 21, 2016 • New Orleans
For more information, visit www.lsba.org/cle
80 June / July 2016 Young Lawyers Chair’s Message... Spotlight... Council
school mock trial competitions, law CHAIR’S MESSAGE school outreach program, the Barristers for Boards program, law-related education programs and our extremely successful Striving to Provide Enough for Wills for Heroes program. There is no better time to get involved, Those Who Have Too Little both to help your state and local bars and your community as well. This By Scotty E. Chabert, Jr. past January, the YLD kicked off its statewide “Louisiana64” program. eventy- to get young lawyers from every “mapdot” The goal of this new undertaking is to five years around the state engaged in helping strengthen communication, resources and ago, in the those in our community that “have too coordination among all legal communities year the little.” I encourage every young lawyer in Louisiana’s 64 parishes, no matter the SLouisiana State Bar to get involved with the YLD through its size or location. Association was statewide projects. It is with great pleasure that I introduce created, Franklin D. When I ask fellow colleagues why you to the 2016-17 YLD officers and Roosevelt said, “The they chose this profession, one of the council members on the following pages. test of our progress most common answers I receive is that Reach out to your local council member to is not whether we Scotty E. they want to help people who cannot help Chabert, Jr. learn about the personal and professional add more to the themselves. With that altruistic theme in benefits you can gain from involvement abundance of those who have much; it mind, the YLD continues to be very active in the YLD. We all have very busy lives, is whether we provide enough for those in our volunteer efforts. The YLD has and it’s not easy to donate our time, but who have too little.” As chair of the Young yearly projects that are extremely effective trust me, when you do, the personal Lawyers Division (YLD), I personally and and make a positive difference across the satisfaction you will receive knowing you kindly ask for help with the upcoming, Bar and the communities we serve. In have used your talents to help others is very enthusiastic and busy year for the this coming year, the YLD will continue immeasurable. Volunteer today! YLD. Together we embark on a mission to sponsor the following projects — high Young Lawyers Division News Get the latest Young Lawyers Y Division news online L Go to: www.lsba.org/YLD D The Young Lawyers Division Web site is a public service of the LSBA-YLD Council, providing YLD information to the public and communicating with YLD members.
Louisiana Bar Journal Vol. 64, No. 1 81 native of Minden, she moved to Lafayette Lafayette Volunteer Lawyers for her pro Young Lawyers following her graduation from law school. bono service to indigent clients. SYOUNGpotlight LAWYERS SPOTLIGHT She served as a judicial clerk for two years to Also involved in the Lafayette com- Judge Ellis Daigle (Ret.) in the 27th Judicial munity, she is a member of the705 Young Jaclyn Bridges Bacon District Court in Opelousas before joining Leaders of Acadiana, previously serving Lafayette NeunerPate in 2010. She also has worked as secretary, co-chair of the 20 Under 40 as an adjunct instructor at Louisiana Techni- Awards Committee and co-chair of the Pro- The Louisiana cal College’s T.H. Harris campus teaching fessional Development Committee. She is a State Bar Associa- a Louisiana notary public examination 2015 graduate of One Acadiana’s (formerly tion’s (LSBA) Young preparation course. Lafayette Chamber of Commerce) Leader- Lawyers Division is As an active member of the Lafayette ship Lafayette Class XXVIII. She currently spotlighting Lafay- Young Lawyers Association (LYLA), she serves on the Acadiana Symphony Orches- ette attorney Jaclyn currently chairs the Membership Commit- tra’s Generation ASO board, where she has Bridges Bacon. tee and is a past chair of the Social and Law assisted at the committee level with planning As an associate at Week Committees. In connection with her the inaugural Symphony of Cravings Tour NeunerPate in Lafay- LYLA service, she has volunteered for Wills and Day at the Derby events. for Heroes, Counsel on Call, as a scoring Bacon is a member of the John M. Duhe, ette, Bacon practices in Jaclyn Bridges civil defense litigation, Bacon judge for regional mock trial competitions, Jr. American Inn of Court, the Louisiana with a primary focus on workers’ compensa- and as a mentor to a new LYLA member. Association of Defense Counsel, the United tion, personal injury and insurance defense. Bacon is the president-elect of the Way of Acadiana’s Women’s Leadership Bacon earned her BA degree in finance, Lafayette-Acadiana Chapter of the Fed- Council and the Krewe of Bonaparte. She with a concentration in internal audit and a eral Bar Association, previously serving has played USTA league tennis on women’s minor in English, in 2005 from Louisiana as secretary and public relations chair and and mixed-doubles teams in Lafayette for State University. She earned her JD degree recognized as the 2014 recipient of the several years. and bachelor of civil law degree in 2008 President’s Award. In 2011, she received She and her husband, Kirk, have been from LSU Paul M. Hebert Law Center. A an Outstanding Attorney Award from the married since 2014. Young Lawyers Division Officers 2016-17 Scotty E. Chabert, Jr. President’s Award. Brad has served as secretary and the Dis- Chair In his community, he is a member of First trict 5 representative on the Louisiana State Scotty E. Chabert, United Methodist Church. Bar Association’s (LSBA) Young Lawyers Jr. is an assistant district Scotty and his wife, Katie D. Chabert, Division Council. He was a member of attorney for the 18th have been married for seven and a half years the 2011-12 Leadership LSBA Class and Judicial District and and are the parents of three children. co-chaired the 2012-13 Leadership LSBA a partner in the Baton 6525 Perkins Rd. Class. He is a member of the Louisiana Bar Rouge law firm of Baton Rouge, LA 70808 Journal’s Editorial Board. Saunders & Chabert. (225)771-8100 • fax (225)771-8101 He is a member of the American Bar He previously served email: [email protected] Association and serves as chair of the ABA as an adjunct professor website: www.saunderschabert.com YLD Committee on Real Property, Estates at Southern University Scotty E. and Trusts Law Center. He re- Chabert, Jr. Bradley J. Tate 200 B Greenleaves Blvd. ceived a BS degree in 2002 from Louisiana Chair-Elect Mandeville, LA 70448 State University and his JD degree in 2006 Bradley J. Tate is tax (504)585-4433 • fax (504)837-0123 from Southern University Law Center. He manager for the firm of email: [email protected] was admitted to practice in the state and Carr, Riggs & Ingram, federal courts of Louisiana in 2006 and in L.L.C. He received a Dylan T. Thriffiley Mississippi in 2007. BS degree in account- Secretary Scotty served as chair-elect, secretary and ing in 2005 from South- Dylan T. Thriffi- District 5 representative on the Louisiana eastern Louisiana Uni- ley is a compliance State Bar Association’s (LSBA) Young Law- versity, his JD degree in director for Ochsner yers Division Council. He was a member of 2008 from Louisiana Health System in New the 2009-10 Leadership LSBA Class and State University Paul Bradley J. Tate Orleans. She received a co-chaired the 2010-11 Leadership LSBA M. Hebert Law Center BS degree, magna cum Class. He is a past chair of the Baton Rouge and an LLM in taxation in 2012 from the laude, in 2005 from Bar Association’s (BRBA) Young Lawyers University of Alabama. He was admitted to the University of Ten- Section and a 2010 recipient of the BRBA’s practice in Louisiana in 2009. nessee at Chattanooga Dylan T. Thriffiley
82 June / July 2016 and her JD degree, cum laude, in 2008 from Plaquemines Parish Bar Association and the Cristin F. Bordelon Louisiana State University Paul M. Hebert Jefferson Bar Association. District One Representative Law Center. She was admitted to practice She and her husband, S. Jacob Braud, Cristin F. Bordelon in Louisiana in 2008. live in Belle Chasse, have been married is an associate in the Dylan served as a District 1 representa- for nine years and are the parents of New Orleans office of tive on the Louisiana State Bar Association’s three children. Leake & Andersson, (LSBA) Young Lawyers Division Council Ste. 1400, 650 Poydras St. L.L.P. She received a from 2012-16. She was a member of the New Orleans, LA 70130 BAS degree in 2001 2010-11 Leadership LSBA Class and co- (504)799-2550 from Louisiana State chaired the 2011-12 Leadership LSBA email: [email protected] University and her Class. She is a member of the Committee JD degree in 2005 on the Profession and the Bar Governance Young Lawyers from Loyola Univer- Cristin F. Bordelon Committee. She also is a member of the Division Council sity College of Law. Louisiana Bar Journal Editorial Board and 2016-17 She was admitted to practice in Louisiana serves on the board of the Louisiana Civil in 2005 and is admitted in New York and Justice Center. Scott L. Sternberg Georgia. She is a former president of the New District One Representative Cristin served as Louisiana’s represen- Orleans Association for Women Attorneys Scott L. Sternberg is tative on the American Bar Association and a member of the American Health Law- an attorney at Baldwin Young Lawyers Division Council for three yers Association. In 2015, she was named Haspel Burke & Mayer, years and assisted in disaster recovery op- a Louisiana Super Lawyers “Rising Star.” L.L.C., in New Orleans. erations in Louisiana following Hurricane In her community, Dylan is the volun- He received a BA de- Isaac. She also participated in the Louisi- teer coordinator for Hogs for the Cause, gree in journalism in ana State Bar Association Young Lawyers an organization which provides funding to 2006 from Louisiana Division’s Wills for Heroes program. families whose children are being treated State University and She serves on the board of directors for for pediatric brain cancer. his JD/DCL degree in the Louisiana Civil Justice Center and on She and her husband, Peter S. Thriffiley, 2010 from LSU Paul M. Scott L. Sternberg the advisory board for the Legal Innovators Jr., have been married for four years and are Hebert Law Center. He for Tomorrow (LIFT) Program. She also is the parents of one child. was admitted to practice in Louisiana in 2010. a member of the New Orleans Bar Asso- 1201 Dickory Ave., New Orleans, LA 70123 Scott was a member of the 2012-13 ciation and the New York Bar Association. (504)842-4517 Leadership LSBA Class and is a former Cristin and her husband, Lanson Bor- email: [email protected] member of the Louisiana State Bar Associa- delon, have been married for three and a tion’s (LSBA) Crystal Gavel Committee and half years and are the parents of one child. Erin O. Braud the Publications Subcommittee. In 2015, he Ste. 1700, 1100 Poydras St. Immediate Past Chair received the LSBA’s Stephen T. Victory Me- New Orleans, LA 70163 Erin O. Braud morial Award for most outstanding Louisiana (504)585-7922 • fax (504)585-7555 is staff counsel for Bar Journal article. email: [email protected] GuideOne Insurance He serves as treasurer of the Federal Bar website: www.leakeandersson.com Co. in New Orleans. Association New Orleans Chapter’s Younger She received a BA Lawyers Division and is an adjunct professor Jeffrey D. Hufft degree in mass com- for the Loyola University School of Mass District Two Representative munications in 2002 Communication. He has been recognized Jeffrey D. Hufft is an from Louisiana State as one of Gambit Weekly’s “40 Under associate with Colvin University and her 40,” as a Louisiana Super Lawyers “Rising Law Firm, A.P.L.C., in JD degree in 2005 Erin O. Braud Star” and on New Orleans Magazine’s “Top Gretna. He received a from Loyola Univer- Lawyers” lists. BA degree in psychol- sity College of Law. She was admitted to A graduate of the Loyola Institute of Poli- ogy in 2003 from Loui- practice in Louisiana in 2005. tics, he is active with the Young Leadership siana State University Erin served as a member of the Louisi- Council in New Orleans. and his JD degree in ana State Bar Association’s (LSBA) Board Scott and his wife, Breland, have been 2009 from Loyola Uni- of Governors in 2015-16. She also served married for six years and are expecting their versity College of Law. Jeffrey D. Hufft as chair, chair-elect, secretary and District second child this summer. He was admitted to 2 representative on the LSBA’s Young Ste. 3600, 1100 Poydras St. practice in Louisiana in 2009. Lawyers Division Council. She has partici- New Orleans, LA 70163 Jeffrey serves on the board of directors pated in several Law Day and Constitution (504)569-2900 • fax (504)293-5625 for the Louisiana Center for Law and Civic Day presentations. She is a member of the email: [email protected] Education. He is a board member of the
Louisiana Bar Journal Vol. 64, No. 1 83 Jefferson Bar Association’s Young Lawyers practice in Louisiana Kristi W. Richard Division and a member of the Louisiana in 2006 and is admit- District Five Representative District Attorneys Association. ted in Texas. Kristi W. Richard In his community, he is the vice president Lauren is a mem- is a senior associate of the Homestead Brockenbraugh Civic ber of the Lafayette in the Baton Rouge Association and is an annual speaker for Association of Profes- office of McGlinchey the Jesuit High School Career Day Law sional Landmen, the Stafford, P.L.L.C., and Curriculum. Women’s Energy Net- an adjunct instructor Jeffrey and his wife, Danielle Treadaway work and the Acadiana of business law and Hufft, have been married for three years and Society of Human Re- Lauren L. Gardner sports law at Louisiana are the parents of one child. source Management. State University. She 230 Huey P. Long Ave., Gretna, LA 70053 She also is involved with the Lafayette received a BS degree in Kristi W. Richard (504)367-9001 • fax (504)367-0650 Education Foundation and is a member of management, summa email: [email protected] St. Pius X Catholic Church in Lafayette. cum laude, in 2004 website: www.colvinlawfirm.com She and her husband, Paul Gardner, from LSU, a master’s degree in business have been married for six years and are the administration in 2009 from LSU, and her Shayna B. Morvant parents of two children. JD/BCL degree, magna cum laude, in 2009 District Two Representative Ste. 300, 1200 Camellia Blvd. from LSU Paul M. Hebert Law Center. Shayna B. Morvant is Lafayette, LA 70508 She was admitted to practice in Louisiana managing partner of the (337)237-2660 • fax (337)266-1232 in 2009. Gretna firm of Beevers email: [email protected] Kristi was a member of the 2012-13 & Beevers, L.L.P. She website: www.onebane.com Leadership LSBA Class and has served as received a BSM degree co-chair of the Wills for Heroes program in 2009 from Tulane Adam P. Johnson for the past two years. She is a member of University’s A.B. Free- District Four Representative the Baton Rouge Bar Association, serving man School of Business Adam P. Johnson is an attorney in the as chair of its Holiday Star Project last year. and her JD degree in Lake Charles firm of In her community, she is a community 2012 from Tulane Law Shayna B. Morvant Johnson & Vercher, council member of the Junior League of School. She was admit- L.L.C. He received a Baton Rouge, serving on the board of ted to practice in Louisiana in 2012. bachelor’s degree in directors in 2016-17. She was a member Shayna serves in the Louisiana State Bar business management of the 2015 class of the Baton Rouge Area Association’s House of Delegates and is a from Louisiana State Leadership Program. member of the Civil Law and Litigation University and his JD She and her husband, Daniel Richard, Section. She is a 2015-16 member of the degree from Southern have been married for 13 years and are the Leadership LSBA Class. She is the current University Law Center. parents of one child. secretary for the Tulane Inn of Court and is He was admitted to Adam P. Johnson 301 Main St., 14th Flr. a former chair of the Jefferson Bar Associa- practice in Louisiana Baton Rouge, LA 70801 tion’s Young Lawyers Division. in 2009. (225)382-3704 • fax (225)343-3076 In her community, she is a member of Adam was a member of the 2013-14 email: [email protected] the Junior League of New Orleans, the Leadership LSBA Class and co-chaired the website: www.mcglinchey.com New Orleans Children’s Museum Chairish 2014-15 Leadership LSBA Class. Committee and the Italian American Ladies He was the 2014 president of the South- Carrie L. Jones Auxiliary. west Louisiana Bar Association Young District Five Representative Shayna and her husband, Wesley C. Lawyers Section. He was recognized as a Carrie L. Jones is Morvant, are the parents of one child. “Top 40 Under 40” professional and as a a partner in the Baton 210 Huey P. Long Ave., Gretna, LA 70053 “Top Criminal Defense Lawyer” by Acadi- Rouge firm of Shows, (504)361-4287 • fax (504)362-1405 ana Magazine. He also currently serves on Cali & Walsh, L.L.P. the Executive Council for the Southwest She received a BA Lauren L. Gardner Louisiana Bar Association. degree in mass com- District Three Representative Adam and his wife, Ashley Leonards munication in 2004 Lauren L. Gardner is an associate in Johnson, have been married for five years from Louisiana State the Onebane Law Firm in Lafayette. She and are the parents of two children. University, an MBA received her BA degree in 2003 from 910 Ford St., Lake Charles, LA 70601 degree in 2005 from Carrie L. Jones Louisiana State University and her JD/ (337)433-1414 • fax (337)433-3234 Southeastern Louisiana BCL degree in 2006 from LSU Paul M. email: [email protected] University and her JD/BCL degree in 2008 Hebert Law Center. She was admitted to website: www.johnsonandvercher.com from LSU Paul M. Hebert Law Center.
84 June / July 2016 She was admitted to practice in Louisiana Ethan A. Hunt Kellen J. Mathews in 2008. District Seven Representative At-Large Representative Carrie is a member of the Louisiana State Ethan A. Hunt is an Kellen J. Mathews is Bar Association’s (LSBA) Continuing Legal associate in the firm of an associate in the litiga- Education Committee. She is co-chair of Dean Morris, L.L.C., in tion practice group in the Richard N. Ware High School Mock Monroe. He received a the Baton Rouge office Trial Competition and serves on the Young BS degree in 2001 from of Adams and Reese, Lawyers Division’s Awards Committee. She Louisiana Tech and his L.L.P. He received a was a member of the 2013-14 Leadership JD degree in 2006 from BA degree in political LSBA Class. Louisiana State Univer- science in 2004 from She is the vice chair of the Louisiana sity Paul M. Hebert Law Millsaps College and Kellen J. Mathews Attorney Disciplinary Board and a mem- Center. He was admitted Ethan A. Hunt his JD degree in 2008 ber of the Baton Rouge Bar Association to practice in Louisiana from Louisiana State and the Bar Association of the 5th Federal in 2006. University Paul M. Hebert Law Center. He Circuit. She also serves on the Louisiana Ethan is a member of the 4th Judicial District was admitted to practice in Louisiana in 2008. Bar Foundation’s Capital Area Community Bar Association and a Fellow of the Louisiana Kellen was a member of the 2010-11 Partnership Panel. Bar Foundation. Leadership LSBA Class and co-chaired In her community, she is a parishioner In his community, he is a member of the the 2011-12 Leadership LSBA Class. He of St. George Catholic Church. She and her board of directors for Habitat for Humanity, currently serves as the Louisiana State Bar husband, Aaron Jones, have been married for a member of Delta Waterfowl and a Sunday Association (LSBA) Young Lawyers Divi- five years and are the parents of one child. school teacher for First Methodist Church in sion (YLD) Diversity Committee chair 628 St. Louis St., Baton Rouge, LA 70802 Monroe. and is a member of the LSBA Conclave on (225)346-1461 • fax (225)346-1467 Ethan and his wife, Erin, have been married Diversity Subcommittee. He also has chaired email: [email protected] for 12 years and are the parents of three children. the YLD’s Law School Outreach Committee, 1505 N. 19th St., Monroe, LA 71201 helping to put on the Law School Mock Trial Christie C. Wood (318)235-1412 competition in 2013. District Six Representative email: [email protected] In his community, he is a board member Christie C. Wood is of the Greater Baton Rouge Food Bank, as- an associate in the firm Allison C. Foster sisting more than 130 charitable agencies in of Faircloth Melton & District Eight Representative Baton Rouge and 11 surrounding parishes. Keiser, L.L.C., in Alex- Allison C. Foster is an He also is a member of the City Year Baton andria. She received a associate in the Shreve- Rouge Associate Board, serving on the Host BA degree in 1999 from port firm of Cook, Yanc- Committee charged with coordinating City Louisiana Tech Univer- ey, King & Galloway, Year Baton Rouge’s signature fundraiser, the sity and her JD degree A.P.L.C. She received School House Rock Gala. in 2008 from Louisiana a BS degree in general Kellen and his wife, Mikki Ceasar State University Paul Christie C. Wood business in 2006 from Mathews, have been married for three years. M. Hebert Law Center. Louisiana State Univer- Ste. 1900, 450 Laurel St. She was admitted to practice in Louisiana sity and her JD degree Allison C. Foster Baton Rouge, LA 70801 in 2008. in 2009 from LSU Paul (225)336-5200 • fax (225)336-5220 Christie is a young lawyer observer for M. Hebert Law Center. She was admitted to email: [email protected] the Louisiana State Law Institute. practice in Louisiana in 2009. website: www.adamsandreese.com She is a former chair of the Alexandria Allison was a member of the 2014-15 Bar Association’s Young Lawyers Council Leadership LSBA Class. She is a member of the Graham H. Ryan and a member of the Crossroads American Shreveport Bar Association, the Louisiana As- ABA YLD Representative Inn of Court in Alexandria-Pineville. In sociation of Defense Counsel and the Defense Graham H. Ryan is a law school, she was named to the Chancel- Research Institute. business litigation asso- lor’s List and was a member of the Legal In her community, she is involved with ciate in the New Orleans Association of Women and the Civilian Holy Angels Champions for Individuals with office of Jones Walker Student Society. Disabilities. LLP. He received a BS She and her husband, Jeremy Wood, Allison and her husband, Ben, have been degree, summa cum have been married for eight years and are married for two years and are the parents of laude, in finance in the parents of two children. one child. 2007 from Louisiana 105 Yorktown Dr., Alexandria, LA 71303 333 Texas St., 17th Flr., Shreveport, LA 71101 State University and Graham H. Ryan (318)619-7755 • fax (318)619-7744 (318)227-7712 • fax (318)227-7850 his JD/DCL degree in email: [email protected] email: [email protected] 2011 from LSU Paul M. website: www.cookyancey.com Hebert Law Center, where he served on the
Louisiana Bar Journal Vol. 64, No. 1 85 Louisiana Law Review. He was admitted to Graham and his wife, Erin, are recently Florida (2013). practice in Louisiana in 2011. married and live in New Orleans. Kristen is a member of the Louisiana State Graham serves on the Louisiana State Ste. 5100, 201 St. Charles Ave. Bar Association’s Diversity Committee and Bar Association Access to Justice Com- New Orleans, LA 70170 its Pipeline to Diversity Subcommittee. She mittee’s Disaster Leadership Team and as (504)582-8370 • fax (504)589-8370 also is an editor for the American Bar Asso- co-chair of the LSBA’s Annual Meeting and email: [email protected] ciation Section of Litigation and a member of Summer School Planning Committee. He website: www.joneswalker.com the A.P. Tureaud American Inn of Court and was a member of the 2014-15 Leadership the Defense Research Institute. She also has LSBA Class. Kristen L. Burge volunteered as a mock trial judge. As the Louisiana representative on the Young Lawyer Member/ABA House of In law school, she was recognized for the American Bar Association’s Young Lawyers Delegates best thesis in the LL.M. intellectual property Division Council, he is responsible for imple- Kristen L. Burge is program (2010-11), the best casenote in the menting disaster legal services in Louisiana an associate in the firm Law Review and the highest grade in law following a presidentially declared disaster. of Beahm & Green school courses. She also has published three He also serves on the board of the Jefferson in New Orleans. She articles in law reviews and two online articles Bar Association’s Young Lawyers Division received a BS degree for the ABA. and is a member of the New Orleans Bar in neuroscience in 2005 In her community, she is a youth soccer Association and the New Orleans Chapter from Vanderbilt Uni- coach and plays on a tennis team. of the Federal Bar Association. versity, her JD degree Kristen and her husband, Chris Burge, In his community, he is chair of HandsOn in 2010 from Samford have been married for eight years and are New Orleans, a nonprofit volunteer center University’s Cumber- Kristen L. Burge the parents of three children. founded to assist rebuilding efforts post- land School of Law Ste. 408, 145 Robert E. Lee Blvd. Hurricane Katrina. He also provides pro bono and an LL.M. in 2011 from the University New Orleans, LA 70124 legal services to the homeless and veterans of Washington School of Law. She was (504)288-2000 • fax (504)288-2099 at the Father Harry Tompson Rebuild Center admitted to practice in Louisiana in 2014 email: [email protected] in New Orleans. and is admitted in Washington (2012) and website: www.beahm.com LSBA Member Services – Louisiana Hotels
he following hotels have agreed to corporate discount rates for LSBA members. Call, e-mail or check the website link Tfor the current discounted rates. When making reservations, you must identify yourself as an LSBA member. New Orleans Loews New Orleans Hotel • (504) 595-5314 Baton Rouge [email protected] Blake Hotel • (504) 962-7220 Crowne Plaza Baton Rouge [email protected] Maison Dupuy Hotel • (504) 648-6117 (225)930-0100 [email protected] Hampton Inn Hotels & Suites of New Orleans [email protected] [email protected] Omni Hotels of New Orleans Hilton Baton Rouge Capitol Center (504) 529-5077 (504) 756-1141 • [email protected] (800)955-6962, (225)906-5754
Hotel Monteleone • (504) 648-4717 Corporate ID #0921780 • [email protected] The Ritz-Carlton • (504) 670-2845 [email protected] [email protected] www.lsba.org/GoTo/HiltonBRCapitol www.lsba.org/GoTo/HotelMonteleone The Roosevelt New Orleans Lafayette Hyatt French Quarter • (504) 266-6362 (504)335-3008 • Corporate ID #: 2742353 SpringHill Suites Lafayette South at River Ranch [email protected] [email protected] www.lsba.org/GoTo/SpringHill
Hyatt Regency New Orleans Sheraton New Orleans • (800) 937-8461 Lake Charles (888) 591-1234 • Corporate ID #: 95147 [email protected] Best Western Richmond Suites • (337)433-5213 Intercontinental Hotel • (504) 585-4309 St. James Hotel • (504) 926-7720 [email protected] [email protected] Shreveport
Clarion Shreveport Hotel • (318)797-9900 Le Meridien Hotel • (504) 207-5025 W French Quarter Hotel • (504) 207-5025 [email protected] [email protected] The Remington Suite Hotel • (318)425-5000
* Le Pavillon Hotel • (504) 620-4132 Westin New Orleans Canal Place National Hotel Chains (504) 553-5110 Holiday Inn • (800)HOL-IDAY • ID: 100381739 [email protected] LaQuinta Inns & Suites • (866)725-1661 The Whitney Hotel • (504) 212-8688 www.LQ.com • Corp. rate code: LABAR [email protected]
Windsor Court • (504) 596-4364 *Discounts not guaranteed at every hotel property within a national chain. [email protected] Contact specific property to inquire about availability of LSBA discounted rates.
For more information on LSBA Member discount business services, visit www.lsba.org/goto/businessservices
86 June / July 2016 People LAWYERS ON THE MOVE . . . NEWSMAKERS
Cashe Coudrain & Sandage in Hammond Faircloth Melton, L.L.C., in Alexandria an- LAWYERS ON announces that Lindon Bennett Magee has nounces that the firm’s name has changed THE MOVE joined the firm as an associate. to Faircloth, Melton & Sobel, L.L.C. David R. Sobel has joined the firm as a partner. Adams and Reese, L.L.P., announces that Chaffe McCall, L.L.P., announces that David C. Coons and David M. Stein have Michael D. Carleton has joined the firm as Fishman Haygood, L.L.P., announces that been elected partners in the New Orleans a partner in the Lake Charles office. Also, Alysson L. Mills and Benjamin D. Reich- office. Also, Edwin C. Laizer, a partner in Lisa M. Kaufmann has joined the firm as a ard have been named partners in the New the New Orleans office, was elected to the partner in the Houston, Texas, office. Orleans office. Also, Sharonda R. Williams firm’s Executive Committee. has joined the firm’s New Orleans office as Deutsch Kerrigan, L.L.P., announces that special counsel. Baker, Donelson, Bearman, Caldwell & Sean P. Mount, Anne E. Medo, Shan- Berkowitz, P.C., announces that Nancy non C. Burr and Lauren E. Brisbi have Fowler Rodriguez announces that Jeffrey S. Scott Degan has been named managing joined the firm as attorneys in the New Hall, Jr. has joined the firm as an associate shareholder for the New Orleans and Orleans office. in the New Orleans office. Mandeville offices. Also, Matthew J. Guy has joined the firm’s Mandeville office as Didriksen Law Firm in New Orleans an- Hammonds, Sills, Adkins & Guice, L.L.P., an associate. nounces that Erin B. Saucier, Carl A. (Trey) with offices in Baton Rouge and Monroe, Woods and Jeremy J. Pichon have been announces that Tyrell T. (Ty) Manieri III Bradley Murchison Kelly & Shea, L.L.C., named partners. The firm has restructured has joined the firm as an associate in the announces that Michael R. Brassett has as Didriksen, Saucier, Woods & Pichon, Baton Rouge office. been named a partner in the firm’s Baton A.P.L.C., still located at 3114 Canal St., Rouge office. New Orleans, LA 70119; www.dswplaw. Kantrow, Spaht, Weaver & Blitzer, A.P.L.C., com. Also, Michael S. Finkelstein has in Baton Rouge announces that Traci S. Retired 2nd Circuit Court of Appeal Judge joined the firm as an associate. Thompson has joined the firm as of counsel. James E. Stewart, Sr. was sworn in as Caddo Continued next page Parish district attorney in December 2015.
Heather LaSalle Richard J. Arsenault Jack C. Magdalen Blessey Michael R. Brassett Lauren E. Brisbi Alexis Benjamin, Jr. Bickford
Shannon C. Burr Angelina Christina Blake R. David Michael S. David M. Flotte William H. Goforth Finkelstein
Louisiana Bar Journal Vol. 64, No. 1 87 Lugenbuhl, Wheaton, Peck, Rankin & Hub- G. Greig, Jennifer R. Kretschmann and Richard J. Arsenault, a partner in the Al- bard announces that Cassie E. Felder has Katherine L. Wyly have joined the firm as exandria firm of Neblett, Beard & Arsenault, joined the firm as a shareholder in its Baton associates in the New Orleans office. was appointed by the Louisiana Supreme Rouge office. Court to serve on a new committee regarding Salley, Hite, Mercer & Resor, L.L.C. in New Rules of Professional Conduct for Complex Manion Gaynor & Manning, L.L.P., an- Orleans announces that David M. Flotte Litigation. He also was recognized as one of nounces that Jeanette S. Riggins has joined and J. Ashley Inabnet have joined the firm America’s 100 Most Influential Trial Lawyers the firm’s New Orleans office as a partner. as partners. by Trial Lawyer magazine. McGlinchey Stafford, P.L.L.C., announces Sessions, Fishman, Nathan & Israel, L.L.C., Angelina Christina, a member in the New that Magdalen Blessey Bickford has joined announces that Spencer M. Schulz and Orleans office of McGlinchey Stafford, the firm’s New Orleans office as of counsel. Stephannie M. McKinney have joined the P.L.L.C., was named a Fellow of the Ameri- Metairie office as associates. Pecoraro Law in Lafayette announces that can Bar Foundation. Anna M. Grand has joined the firm as an Simon Greenstone Panatier Bartlett, P.C., Megan H. Guy, executive counsel and associate. in Dallas, Texas, announces that Hutton W. producer for Gillis, Ellis & Baker in New Sentell has joined the firm as an associate. Perrier & Lacoste, L.L.C., announces that Orleans, was named to the board of directors Jack C. Benjamin, Jr. has become a member Steeg Law Firm, L.L.C., in New Orleans for the Louisiana Chapter of the Association in the New Orleans office. announces that Ryan M. McCabe has been of Corporate Counsel. named a partner. Perry Dampf Dispute Solutions in Baton Jan M. Hayden, a shareholder in the New Rouge announces that David T. Butler, Jr. and Stone Pigman Walther Wittmann, L.L.C., Orleans office of Baker, Donelson, Bearman, James A. Lochridge, Jr. have joined the firm as announces that Edward B. Poitevent and John Caldwell & Berkowitz, P.C., is the 2016 mediators. Butler practices with Funderburk C. Overby have joined the firm as special Louisiana recipient of the Center for American & Butler in Baton Rouge. Lochridge practices counsel in the New Orleans office. and International Law’s Michelle Mendez with Voorhies & Labbe in Lafayette. Serviam Award, recognizing accomplish- Wilson Elser Moskowitz Edelman & Dicker, ments by 5th Circuit bankruptcy professionals. Phelps Dunbar, L.L.P., announces that Mar- L.L.P., announces that Lisa M. Africk has shall M. Redmon has been named managing been named regional managing partner in Stephen J. Herman, managing partner of partner in the New Orleans office. Bart C. the New Orleans office. Herman, Herman & Katz, L.L.C., in New Bacigalupi and Colin B. Cambre have been Orleans, was named a senior Fellow with promoted to partner in the New Orleans NEWSMAKERSNEWSMAKERS the Litigation Counsel of America. office. MaryJo L. Roberts has been named Heather LaSalle Alexis, a member in the William H. Hines, managing partner of Jones counsel in the New Orleans office. Amanda New Orleans office of McGlinchey Stafford, Walker LLP in New Orleans, was recognized W. Messa has been promoted to counsel in P.L.L.C., was selected to participate in the by the Southeast Louisiana Council Boy the Baton Rouge office. Also, Sarah S. Faris, 2016 Fellows Program of the Leadership Scouts of America as the 2015 Distinguished Arthur R. Kraatz, Talbot M. Quinn, Matthew Council on Legal Diversity. Citizen for his community leadership.
Anna M. Grand J. Ashley Inabnet Jane A. Jackson Stephanie S. Lintern Tyrell T. Manieri III David A. Martinez
Valerie Theng Ryan M. McCabe Stephannie M. Anne E. Medo Sean P. Mount Randy Opotowsky Matherne McKinney
88 June / July 2016 Kelly Hart & Pitre announces that two of remembered by his Breazeale, Sachse & Wilson, L.L.P. its New Orleans office associates, Jane A. clients, friends and (Baton Rouge, New Orleans): John T. Jackson and Stephanie S. Lintern, were colleagues as a “gen- Andrishok, Robert L. Atkinson, Thomas recognized for their pro bono achievements. tleman attorney.” He M. Benjamin, David R. Cassidy, Murphy J. Jackson received the 2016 Louisiana State pursued his career in Foster III, Gregory D. Frost, Alan H. Good- Bar Association Pro Bono Publico Award, the finest tradition of man, Emily Black Grey, David R. Kelly, and Lintern was honored with one of the the Bar, holding to the Richard D. Leibowitz, Steven B. Loeb, 2016 Pro Bono Century Awards. highest standards of Eve B. Masinter, Wesley M. Plaisance, E. ethics, professional- Fredrick Preis, Jr., Claude F. Reynaud, Jr. Valerie Theng Matherne, a member in the ism and competency, Michael Frederick and Melissa M. Shirley. New Orleans office of Courington, Kiefer representing the very Little & Sommers, L.L.C., co-chaired the 2016 best of his profession. He is survived by his Louisiana Super Lawyers 2016 National Association of Minority and Women wife of 34 years, Elizabeth Sherman Little; Beirne, Maynard & Parsons, L.L.P. Owned Law Firm’s business meeting in two sons, Michael F. Little, Jr. and Graham (New Orleans): Thomas L. Colletta, Jr., New Orleans. P. Little; a brother, John P. Little, Jr.; two William R. Forrester, Jr., Patrick Johnson, Lillian Evans Richie, clerk of court/judicial grandchildren; and other relatives. He is Jr. and Benjamin R. Slater III. administrator for the 2nd Circuit Court of the son of the late John Patterson Little, a Chehardy, Sherman, Williams, Mur- Appeal in Shreveport, was elected to the former president of the Louisiana State Bar ray, Recile, Stakelum & Hayes, L.L.P. Executive Committee of the National Confer- Association. (Metairie): Steven E. Hayes, Conrad ence of Appellate Court Clerks. PUBLICATIONS Meyer IV, Julian R. Murray, Jr., Inemesit U. PUBLICATIONS O’Boyle, David R. Sherman, P.J. Stakelum David R. Sherman, a partner in the Metairie Best Lawyers in America 2016 III and James M. Williams. firm of Chehardy, Sherman, Williams, Mur- Beirne, Maynard & Parsons, L.L.P. Flanagan Partners, L.L.P. (New ray, Recile, Stakelum & Hayes, L.L.P., was (New Orleans): Thomas L. Colletta, Jr., Orleans): Sean P. Brady, Andy J. Dupre, elected 2016 chair of the Greater New Orleans Ernest L. Edwards, Jr., William R. Forrester, Harold J. Flanagan, Thomas M. Flanagan Sports Foundation. He also was elected to the Jr., Patrick Johnson, Jr., Benjamin R. Slater and Charles-Theodore Zerner. board of directors of Flying Tigers Properties, III and Scott J. Sonnier. Goforth & Lilley, P.L.C. (Lafayette): L.L.C., a wholly owned subsidiary of the Chehardy, Sherman, Williams, Mur- William H. Goforth. National World War II Museum, Inc. ray, Recile, Stakelum & Hayes, L.L.P. (Me- Steeg Law Firm, L.L.C. (New Or- tairie): James M. Fantaci, Conrad Meyer IV, ININ MEMORIAM MEMORIAM leans): Robert M. Steeg, Charles L. Julian R. Murray, Jr. and David R. Sherman. Stern, Jr. and Ryan M. McCabe. Michael Frederick (Mike) Little died Feb. 29 in New Orleans. He was 72. He also was Chambers USA 2016 Acadiana Profile a resident of Highlands, NC. A native of Baker, Donelson, Bearman, Caldwell & Broussard & David, L.L.C. (Lafay- New Orleans, he attended Newman School Berkowitz, P.C. (Baton Rouge, Mandeville, ette): Blake R. David, 2016 Top Lawyers. and graduated from Berkshire School in New Orleans): Edward H. Arnold III, Phyllis Sheffield, MA. He earned his JD degree in G. Cancienne, Roy C. Cheatwood, Nancy New Orleans Magazine Top Lawyers 1968 from Tulane University Law School, Scott Degan, Matthew R. Emmons, Donna D. Steeg Law Firm, L.L.C. (New Or- where he served on the board of editors of Fraiche, Steven F. Griffith, Jr., Jan M. Hayden, leans): David A. Martinez, Ryan M. the Tulane Law Review and was inducted Errol J. King, Jr., Kenneth M. Klemm, Amelia McCabe, Randy Opotowsky and Robert into the Order of the Coif. He served for W. Koch, M. David Kurtz, Kent A. Lambert, M. Steeg. many years as a member of the Louisiana Jon F. Leyens, Jr., Mark W. Mercante, Wil- Attorney Disciplinary Committee. He also liam N. Norton, Dickie W. Patterson, David served as president of the World Trade Cen- C. Rieveschl, James H. Roussel, Danny G. ter of New Orleans and the Cancer Asso- Shaw, Danielle L. Trostorff, Paul S. West and ciation of Greater New Orleans. He will be Adam B. Zuckerman.
Lillian Evans Richie Spencer M. Schulz David R. Sobel Robert M. Steeg Charles L. Stern, Jr. James E. Stewart, Sr.
Louisiana Bar Journal Vol. 64, No. 1 89 News Francophone... Local Bars... LBF
Update Rizzo-Choi Named New Executive University of Moncton to Offer Director of Pro Bono Annual Law Scholarship Project Jennifer Rizzo-Choi was selected as the The Louisiana State Bar Association’s new executive director of The Pro Bono Francophone Section hosted a dinner in Project in New Orleans. She served for March at the Lafayette home of Franco- the past three years as the national pro phone Section Chair Warren A. Perrin and bono promotion counsel for Washington his wife Mary Perrin in honor of Fernand D.C.-based Human Rights First. de Varennes, dean of the University of She received a BA degree, cum laude, Moncton Faculty of Law. At the dinner, an in journalism from Ithaca College in New agreement was reached to annually provide York and her JD degree from SUNY Buf- an opportunity for one Louisiana student falo Law School. She assumed the direc- to attend the law school at the University The Louisiana State Bar Association’s Franco- tor’s seat in May. of Moncton in New Brunswick, Canada. phone Section hosted a dinner in March at the She launched and developed the Louisi- Also attending the dinner were several Lafayette home of Francophone Section Chair Warren A. Perrin, left, in honor of Fernand de ana Immigration Working Group in 2014. Louisiana college representatives and La- Varennes, dean of the University of Moncton She collaborated with Group Chair Judge fayette area judges, including E. Gerald Faculty of Law. Jay C. Zainey, with the U.S. District Court Hebert, former chair of the University for the Eastern District of Louisiana, and of Louisiana System of Colleges and Uni- LeBas, representing Loyola University College of Law; Judge Marilyn C. Castle, others within the legal and non-profit versities; Professor Olivier Moreteau, rep- communities to provide the immigrant resenting Louisiana State University Paul president of the Louisiana District Judges’ Association; and former district Judge population in Louisiana with pro bono M. Hebert Law Center; Charles Larroque, legal services. executive director of CODOFIL; Dr. Claire Durwood W. Conque.
In commemoration of World Francophone Day 2016, Vasken Khabayan, right, consul and attor- On April 13, the Young Lawyers Section of the 4th Judicial District Bar Association presented the ney on behalf of the Consulate General of Cana- United Way of Northeast Louisiana (UWNELA) with a donation of $5,000 to the UWNELA Flood Re- da in Dallas, Texas, was the guest at a March 24 sponse and Recovery Fund, established to support immediate response and long-term recovery efforts luncheon and reception in Lafayette, attended by following the extensive flooding in northeast Louisiana in March. Front row from left, Wade L. House, representatives of Lafayette Consolidated Gov- Campbell & House, L.L.C.; Amey Crousillac, UWNELA; Janet Durden, UWNELA; Sarah M. Smith, ernment, CODOFIL, the Louisiana State Bar As- Law Office of J. Garland Smith; and attorney Keith T. Whiddon. Back row from left, Mario Leija, sociation (LSBA) and others. Warren A. Perrin, Law Office of Amado Leija; Amy P. Sawyer, North Delta Title Co.; Jessica M. Crain, Law Offices of left, is chair of the LSBA’s Francophone Section. Harold G. Toscano; and Christopher S. Holtzclaw, Progressive Bank.
90 June / July 2016 LOCAL / SPECIALTY BARS Judge Barbier Receives ABOTA Award; Officers Installed
The Louisiana Chapter of the American Board of Trial Advocates (ABOTA) pre- sented the “Thomas Jefferson Justice By the People” Award to U.S. District Court Judge Carl J. Barbier (Eastern District of Louisiana) during its February annual dinner and meeting. The award, conceived by the Louisiana Chapter, recognizes individuals in Louisiana who exemplify respect for and devotion to the right to trial by jury. Judge Barbier received his BA degree in 1966 from Southeastern Louisiana College Members attending the St. Patrick’s Day joint Inn meeting of the Harry V. Booth/Judge Henry A. Politz Inn of Court (Shreveport) and the Judge Fred J. Fudickar, Jr. Inn of Court (Monroe) enjoyed a presen- and his JD degree in 1970 from Loyola tation on cyber law. U.S. 5th Circuit Court of Appeals Chief Judge Carl E. Stewart, center, delivered a University Law School. After working in heartfelt admonition to the Inns to continue mentoring young associates. From left, David H. Nelson, the private sector from 1971-98, he was incoming president for the Judge Fred J. Fudickar, Jr. Inn; Chief Judge Stewart, National Inn of Court nominated by President William J. Clinton president; and Lawrence W. Pettiette, Jr., president of the Harry V. Booth/Judge Henry A. Politz Inn. in 1998 for the judicial seat. Officers for the Louisiana chapter were Sherman to Lead LBF’s 2016-17 Board installed by 3rd Circuit Court of Appeal Chief Judge Ulysses Gene Thibodeaux. J. E. Jane Sherman of Baton Rouge was from Louisiana State University Paul M. Michael Veron is president; Don S. McKin- installed as the 2016-17 president of the Hebert Law Center. ney, president-elect; Greg Schafer, secretary; Louisiana Bar Foundation (LBF) on April New board members are H. Dunbar and Helen H. Babin, treasurer. Sharon 8. Other officers are Vice President Valerie Healy, Covington; Shayna L. Sonnier, Lake Stickling is executive director. Briggs Bargas, Baton Rouge; Treasurer W. Charles; Dona Kay Renegar, Lafayette; and National ABOTA President Charles A. Michael Street, Monroe; and Secretary Erin O’Brien Braud, New Orleans. Baumberger also attended the event. Amanda W. Barnett of Alexandria. Other members of the 2016-17 board Sherman is a charter Fellow of the LBF, of directors include Mathile W. Abramson, joining in 1987 while serving as chair of the Gonzales; Hon. Marc T. Amy, Abbeville; Louisiana State Bar Association’s Young David F. Bienvenu, New Orleans; Charles Lawyers Section. She is a senior counsel in C. (Chuck) Bourque, Jr., Houma; Elwood the Baton Rouge office of Phelps Dunbar, F. Cahill, Jr., New Orleans; Mark A. Cun- L.L.P. She received her BA and JD degrees ningham, New Orleans; Hon. John David- from Louisiana State University. son, Alexandria; Hon. Eldon E. Fallon, New Bargas is a founding member of Orleans; Donna D. Fraiche, New Orleans; Kinchen, Walker, Bienvenu, Bargas, Reed Marcel Garsaud, Jr., New Orleans; Cyrus J. & Helm, L.L.C. She received her BA de- Greco, Baton Rouge; Karleen J. Green, Ba- gree in environmental science and policy ton Rouge; Leo C. Hamilton, Baton Rouge; from Smith College and her JD degree from Harry S. Hardin III, New Orleans; Rebekah Tulane University Law School. R. Huggins, Lafayette; Suzanne M. Jones, Street is a partner of Watson, McMillan Covington; Patricia A. Krebs, New Or- & Harrison, L.L.P., in Monroe. He received leans; Julie M. Lafargue, Shreveport; Hon. BA degrees in philosophy and political sci- C. Wendell Manning, Monroe; Michael J. ence from Centenary College of Louisiana Mestayer, New Orleans; Darrel J. Papil- Christopher K. Ralston, right, a partner in the New and his JD degree from Louisiana State Uni- lion, Baton Rouge; Harry J. (Skip) Philips, Orleans office of Phelps Dunbar, L.L.P., received the Louisiana Bar Foundation’s (LBF) President’s versity Paul M. Hebert Law Center. Jr., Baton Rouge; H. Minor Pipes III, New Award at the LBF’s Annual Fellows Membership Barnett is general counsel and corporate Orleans; Christopher K. Ralston, New Or- Meeting on April 8. Presenting the award is 2015-16 secretary for Red River Bank and Red River leans; Drew Ranier, Lake Charles; Herschel LBF President H. Minor Pipes III. The award rec- Bancshares, Inc., with corporate offices in E. Richard, Shreveport; Garland R. Rolling, ognizes outstanding support and volunteer service to the LBF. Ralston serves on the LBF’s board of Alexandria. She received a BA degree in Metairie; John G. Swift, Lafayette; and directors and on the Development Committee and English literature from Newcomb College Paul W. Wright, Wimberley, Texas. served as co-chair of the 30th Anniversary Gala. of Tulane University and her JD degree Photo by Matthew Hinton Photography.
Louisiana Bar Journal Vol. 64, No. 1 91 Louisiana Bar Foundation President’s Message Louisiana Civil Legal Aid – Are We There Yet? By President E. Jane Sherman
ot summer months spark that bring challenges. LBF, in an annual single payment, funds memories of my childhood Since the interest generated by the fee increase. Through this family road trips. The six of rate market decline agreement, the LBF will award the funds us, and often our two basset in 2008, the funding to the three legal services corporations for houndsH Maude and Claude, would cram road has suffered the provision of civil legal aid services in our Vista Cruiser station wagon with several bumps. In to the indigent. The funds generated by its stylish woodgrain paneling, and off 2010, Louisiana lost the increase in the initial period of July we would go from our home in Monroe approximately 40 through Dec. 31, 2015, totaled $54,400 to adventures to be discovered. My three percent of its federal and were disbursed to our three Louisi- siblings and I would draw straws for who funding from LSC E. Jane Sherman ana legal service corporations in January would get the two prime locations on the due to census adjust- 2016. We thank Chris Ralston, Larry Shea back seat and who would have to curl up on ments. In 2011, the Louisiana Legislature and the Access to Justice Committee for the hard floor board and risk first-degree ceased providing a general appropriation their work on this new source of funding burns if flesh skimmed the scalding metal for civil legal services. In 2014, Louisiana for civil legal aid. seatbelt bolts. At least hourly, one of us lost an additional approximately 16 per- In March 2016, the LBF, with the would send out a plea to our parents, cent of its federal LSC funding from the support of the Louisiana State Bar As- “Are we there yet?” We journeyed many previous year due to significant poverty sociation’s (LSBA) Rules of Professional miles in that Vista Cruiser with high and population increases in other states, thus Conduct Committee and the Louisiana sometimes low experiences. Such is true lowering Louisiana’s percentage of the disciplinary counsel, submitted a proposed of our Louisiana Bar Foundation’s fund- total. In other words, Louisiana’s poverty amendment to the Louisiana Rules of Pro- ing journey of civil legal aid. population had not decreased but its share fessional Conduct Rule 1.15, “Safekeep- The Louisiana Bar Foundation (LBF), of federal funding decreased. As a result, ing Property.” The amendment will help although founded in 1969, reactivated in 2015, LBF’s funding to legal service lawyers properly dispose of unidentified its charter in 1985 and gained resources providers was sufficient to serve only funds remaining in their IOLTA accounts primarily from voluntary IOLTA (Interest 25,000 of the 161,000 total households for at least one year after diligent efforts on Lawyers’ Trust Accounts) income and in poverty. to document them as belonging to a client. memberships. Thus began the journey The LBF wisely sought supplemental The Louisiana Supreme Court adopted of LBF’s funding of civil legal aid to funding sources and, with these new re- the amendment on March 23 mandating low-income qualifying citizens. In 1990, sources and the use of reserve funds, has the unidentified funds be transferred to the Louisiana Supreme Court initiated managed to stay the course and maintain the Louisiana Bar Foundation. The funds mandatory IOLTA, requiring interest on its grant funding levels despite the cuts will generate revenue to support legal aid. all pooled attorney-client trust accounts from state and federal funds, as well as Guidance and instructions for remitting to be paid to the LBF for funding of state the interest rate decline. However, con- unidentified funds are available on the civil legal aid services. This mandatory tinued use of reserve funds will cause us LBF’s website, www.raisingthebar.org. IOLTA ruling, along with a later Louisiana to come to a dead halt if not refueled with Finally, and most financially impactful, Supreme Court order (LASC) implement- other funding. the LBF was advised in April of a distribu- ing rate comparability — requiring finan- I am happy to report that the LBF tion to be made from the U.S. Department cial institutions to pay the same interest has recently secured three new funding of Justice Bank of America settlement of rate on IOLTA accounts as on similarly sources to maintain our journey of funding just over $6.5 million to the LBF. Last situated accounts — helped to fuel the civil legal aid services during these next year, the LBF received $532,000 from LBF funding efforts. Although the LBF few years of low interest rates. the U.S. Department of Justice Bank of funding journey experienced a federal In June 2015, the LBF and the Louisi- America settlement. This year’s new funds fund target rate of 5.25 percent post the ana Attorney Disciplinary Board (LADB) of $6.5 million will be used over the next LASC order, interest rates began falling entered into an agreement regarding the few years to continue helping families stay significantly thereafter to a new historic increase of pro hac vice fees from $250 in their homes and out of foreclosure and range of 0-.25 by the end of 2008. Like all to $450 to be in line with other state’s bankruptcy. More specifically, the LBF journeys, there are unexpected encounters fees. The LADB agreed to transfer to the Continued next page
92 June / July 2016 LBF continued from page 92 the LBF, the LSBA and the new Access to Justice Commission, along with all INDEX TO ADVERTISERS legal aid stakeholders in Louisiana, it is will utilize these funds to restore some Anderson & Boutwell...... 73 of its reserves and to provide sustainable hoped that funding for civil legal aid will D. Wesley Attaway...... 95 direct legal services with an increase in continue its long journey to help those in Bourgeois Bennett...... 70 grant awards moving into future years until need who cannot help themselves. Are we Broussard & David...... OBC hopefully more funds become available. there yet? No, but we are motoring ahead Christovich & Kearney, L.L.P...... 60 These three new funding sources and making history. These new funding CMC Advisors...... 63 bring continued mileage to civil legal aid sources will provide us with funds these Robert G. Foley...... 94 services in Louisiana. Are we there yet? next few years to sustain our grantees and Gilsbar, Inc...... 19, IBC Are we able to fully serve the legal needs offer some expansion of service. More Jones Walker LLP...... 17 of our Louisiana poverty population? is needed. More will be done. After all, Laporte CPAs & Business Advisors...... 68 Sadly, no. Our journey this year has new as the adage says, life is a journey, not a LawPay...... 1 vistas, but our destination of full funding destination. Legier & Company...... IFC LexisNexis...... 2 of our civil legal needs is yet ahead. Our Louisiana Association for Justice...... 61 Campaign to Preserve Civil Legal Aid ANSWERS for puzzle on page 58. MAPS, Inc...... 67 will soon begin. With funding efforts from 1 2 3 4 5 6 7 S A S K A T c H E W A N McGlinchey Stafford, P.L.L.C...... 21 8 P I E I U A E Mediation Institute...... 75 9 10 Louisiana Bar Foundation R E D M E A T R E S E W Montgomery Barnett, L.L.P...... 33 I E P I U F National Academy of Distinguished Neutrals.... 69 Announces New Fellows 11 12 13 N O S S T A N D U P T O The Patterson Resolution Group...... 64 The Louisiana Bar Foundation c A N O O U Jeff Peterson, Vocational Expert...... 95 14 15 16 announces new Fellows: E U R E K A A L A N O N 17 Phelps Dunbar, L.L.P...... 43 Michael W. Rutledge...... New Orleans E I E S c D 18 19 Plastic Surgery Associates...... 66 D E V A S T A T E J U L Hon. E. Paul Young...... Shreveport Schafer Group, Ltd...... 65 W I R V O A 20 21 22 Schiff, Scheckman & White, L.L.P...... 59 Hon. Glenn B. Ansardi...... Gretna A T E I N T U I T I O N Smith & Fawer, L.L.C...... 62 R R T R T N D Hon. Edward D. Rubin...... Lafayette 23 Taggart Morton, L.L.C...... 94 D E A T H P E N A L T Y The Write Consultants...... 95
SOLACE: Support of Lawyers/Legal Personnel — All Concern Encouraged The Louisiana State Bar Association/Louisiana Bar Foundation’s Community Action Committee supports the SOLACE program. Through the program, the state’s legal community is able to reach out in small, but meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a death or catastrophic illness, sickness or injury, or other catastrophic event. For assistance, contact a coordinator.
Area Coordinator Contact Info Area Coordinator Contact Info Alexandria Area Richard J. Arsenault (318)487-9874 Monroe Area John C. Roa (318)387-2422 [email protected] Cell (318)452-5700 [email protected] Baton Rouge Area Ann K. Gregorie (225)214-5563 Natchitoches Area Peyton Cunningham, Jr. (318)352-6314 [email protected] [email protected] Cell (318)332-7294 Covington/ Suzanne E. Bayle (504)524-3781 New Orleans Area Helena N. Henderson (504)525-7453 [email protected] Mandeville Area [email protected] Opelousas/Ville Platte/ John L. Olivier (337)662-5242 Denham Springs Area Mary E. Heck Barrios (225)664-9508 [email protected] Sunset Area [email protected] (337)942-9836 Houma/Thibodaux Area Danna Schwab (985)868-1342 (337)232-0874 [email protected] River Parishes Area Judge Jude G. Gravois (225)265-3923 Jefferson Parish Area Pat M. Franz (504)455-1986 [email protected] (225)265-9828 [email protected] Cell (225)270-7705 Lafayette Area Josette Abshire (337)237-4700 [email protected] Shreveport Area Dana M. Southern (318)222-3643 [email protected] Lake Charles Area Melissa A. St. Mary (337)942-1900 [email protected] For more information, go to: www.lsba.org/goto/solace.
Louisiana Bar Journal Vol. 64, No. 1 93 Classified ads ONLINE at www.lsba.org
in downtown New Orleans and Lafayette CLASSIFIED NOTICES POSITIONS OFFERED seeks lateral attorney with demonstrated experience in a healthcare regulatory and/or Standard classified advertising in our regu- Metairie law firm (AV-rated) seeks an lar typeface and format may now be placed transactional practice. The ideal candidate experienced health care regulatory attorney would bring a book of business and have the in the Louisiana Bar Journal and on the with a current book of business but with the LSBA Web site, LSBA.org/classifieds. capacity to help service the firm’s existing All requests for classified notices must capacity to take additional work representing Louisiana and national practice. Com- be submitted in writing and are subject hospitals, medical practices and other health petitive compensation and benefits. Reply to approval. Copy must be typewritten care providers. Reply in strict confidence and payment must accompany request. in strict confidence to the Administrator at to: Office Administrator, P.O. Box 931, (504)799-3876. Our low rates for placement in both are Metairie, LA 70004-0931. as follows: Downtown New Orleans. Boutique com- Curry & Friend, P.L.C., an established RATES mercial law firm seeks associate attorney boutique defense firm, is seeking sea- with two to four years’ experience in com- CLASSIFIED ADS soned attorneys for leadership roles on its mercial or criminal litigation. High academic Contact Krystal L. Bellanger at environmental team. These key positions achievement (top 10 percent), advanced (504)619-0131 or (800)421-LSBA, require a strong commitment to the firm’s ext. 131. legal writing skills and attention to detail are client-focused team approach and offer the required. Position will be partnership-track unique opportunity to work directly with Non-members of LSBA with competitive salary. Interested persons $85 per insertion of 50 words or less senior partners in counseling the firm’s en- should email application materials to Laura@ $1 per each additional word vironmental clients. Curry & Friend, P.L.C., semmlaw.com or call (504)680-6062 to ar- $20 for Classy-Box number takes pride in the high engagement level of range submission of application materials. its members and is committed to fostering an Members of the LSBA inclusive atmosphere. 1) Environmental $60 per insertion for 50 words or less Established AV-rated Alexandria law firm first-chair attorney — Qualified candidates $1 per each additional word seeks full-time and/or part-time attorneys No additional charge for Classy-Box will have 10-plus years’ defense experi- with a minimum of two years’ experience number ence in first-chair civil jury trials, complex in the general practice of law. Duties will litigation and primary case management; include providing legal advice and services Screens: $25 A/V rating required; environmental experi- Headings: $15 initial headings/large type to Louisiana members of a major pre-paid ence preferred. 2) Environmental litigation legal service company. Strong writing, BOXED ADS attorney — Eight-plus years’ civil defense communication and people skills required. Boxed ads must be submitted camera ready litigation experience preferred with emphasis Comprehensive benefits package offered for by the advertiser. The ads should be boxed on complex litigation; A/V rating preferred; full time. Relocation may not be necessary. and 2¼” by 2” high. The boxed ads are $70 environmental experience preferred. To learn All applications considered confidential. For- per insertion and must be paid at the time of more about the firm and available positions, placement. No discounts apply. ward résumé, transcript and writing sample visit: www.curryandfriend.com/careers. along with salary requirements to: Legal DEADLINE Administrator, P.O. Box 1791, Alexandria, For the August issue of the Journal, all classified AV-rated boutique law firm with offices LA 71309. notices must be received with payment by June 18, 2016. Check and ad copy should be sent to: Forensic Document LOUISIANA BAR JOURNAL TAGGART MORTON, LLC Classified Notices Examiner 601 St. Charles Avenue New Orleans, LA 70130 Robert G. Foley Accepting Appellate Referrals Handwriting • Typewriting • Copies and Consultations RESPONSES Ink/Paper Analysis & Dating To respond to a box number, please address Donald J. Miester, Jr. your envelope to: Certified & Court Qualified in Chair-Appellate Practice Section Journal Classy Box No. ______Federal, State, Municipal & 1100 Poydras Street, Suite 2100 Military Courts since 1972 c/o Louisiana State Bar Association New Orleans, LA 70163 601 St. Charles Avenue Phone: (318) 322-0661 (504) 599-8500 New Orleans, LA 70130 www.robertgfoley.com
94 June / July 2016
Boutique and dynamic defense firm seek- ing associate attorney with a minimum of ServicesSERVICES ForFOR Rent RENT two-three years’ experience. Candidate BatonBATON Rouge ROUGE should preferably have experience in mari- Texas attorney, LSU Law 1985. Admitted time personal injury and property damage in Louisiana and Texas. I am available to attend hearings, conduct depositions, act as Beautiful downtown Baton Rouge offic- claims, marine insurance and litigation es/suites for rent. 830 Main St., one block experience. Will work closely with senior local counsel and accept referrals for general civil litigation in the Houston area. Contact from Federal Courthouse. Individual or attorneys. Should have deposition, discovery multiple offices available. Support staff, and motion practice experience and must Manfred Sternberg, Jr. at (713)622-4300; email [email protected]. receptionist, private parking, conference be licensed in Louisiana. The successful room. Call Rebecca at (225)387-5787 for candidate must have excellent academic Texas counsel: Louisiana attorney licensed more information. credentials (top 25 percent of class) and out- in Texas since 1992 available to handle Texas standing writing ability. Applicants should ancillary probate proceedings and serve as ForFOR Rent RENT supply a cover letter, résumé, class rank, local litigation counsel. Assistance in transfer New Orleans references and a writing sample authored NEW ORLEANS of oil and gas properties and valuations. State- solely by the applicant. Please, no hard wide coverage. Jack Wilhelm and Edward Offices available at 829 Baronne St. in copy submissions. Apply by email only to Wilhelm, 1703 West Ave., Austin, TX 78701, prestigious downtown building, taste- [email protected]. (512)236-8400, www.wilhelmlaw.net. fully renovated. Excellent referral system among 35 lawyers. Includes secretarial Downtown Baton Rouge AV-rated law firm Mobile, Ala., attorney accepting referrals space, receptionist, telephones, voice seeks two-three litigation attorneys to join of personal injury claims in South Alabama, mail, Internet, conference rooms, kitchen, its team. One opening is for a partner-level including automobile, workers’ compensa- office equipment and parking. Walking position with 10-plus years of litigation. tion and slip & fall accidents. Licensed in distance of CDC, USDC and many fine The second opening is for an associate-level both Louisiana (since 1979) and Alabama restaurants. Call Cliff Cardone or Kim position with two-five years’ litigation ex- (1998). Russell E. Bergstrom, 955 Dauphin Washington at (504)522-3333. perience. A third opening is for an attorney St., Mobile, AL 36604; (251)433-4214; fax with two-10 years of litigation experience (251)433-1166; email rebmouthpiece@aol. NoticeNOTICE with an emphasis in construction and/or com. “No representation is made that the professional liability litigation. The posi- quality of legal services provided is greater Notice is hereby given that Keith David tions offer competitive salary and benefits. than the quality of legal services provided Thornton is filing a petition and applica- Interested candidates should apply directly by other attorneys.” tion for reinstatement to the Louisiana to Kristie Gros at [email protected]. State Bar Association. Any person(s) Appellate briefs, motions, legal research. concurring with or opposing the petition Shuart & Associates Legal Search & Staff- Attorneys: the appellate process is your last and application for reinstatement may file ing. In today’s market, many law firms are chance to modify or defend your judgment. notice of their concurrence or opposition growing by lateral acquisition of partners/ Lee Ann Archer, former Louisiana Supreme with the Louisiana Attorney Disciplinary practice groups. Some partners are choos- Court clerk and Tulane Law honors gradu- Board, Ste. 310, 2800 Veterans Memorial ing to relocate to firms where their unique ate, offers your best chance, with superior Blvd., Metairie, LA 70002, within 30 days. strengths are valued and compensation appellate briefs, outstanding legal research, competitive. This requires broad knowledge pinpoint record review and 20-plus years of of the existing marketplace and insight into appellate experience. Confidential; state- the culture of local law firms. Shuart & As- wide service; fast response. Call (337)474- sociates has a proven track record in provid- 4712 (Lake Charles); email lee@leeaarcher. ing this service. All inquiries confidential. com; visit www.leeaarcher.com. (504)836-7595. www.shuart.com. VOCATIONAL EXPERT Adele A. Thonn Vocational testing / Evaluation Forensic Document Examiner Labor Market Surveys Services include document examination, Expert Witness Testimony analysis and opinions including, but not limited to, questioned signatures and Qualified in state and federal courts alleged alterations and administrative law hearings Happily servicing the Greater New Orleans area and surrounding parishes Jeff Peterson, M.Ed., CRC, CVE, CLCP Phone: (504) 430-5117 337-625-2526 Email: [email protected] [email protected] www.thewriteconsultants.com
Louisiana Bar Journal Vol. 64, No. 1 95 The Last Word First Words from 1978-79 LSBA President
Editor’s Note: For this issue’s “The Last Word,” we chose to republish the first words from Bob F. Wright, the Louisiana State Bar Association president in 1978-79. Mr. Wright’s first President’s Message in Volume 26 touches on some issues still being addressed today. See Mr. Wright’s interview in this issue on page 22.
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