Planning for Our Future: An Update on the LSBA Strategic Plan

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Supplement to the Louisiana Bar Journal 11 Louisiana Bar Journal April / May 2020 393 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 393 Vol. 67, No. 6 www.lsba.org 8 2019 Expert Witness, Consultant & Legal Services Directory POWERING PAYMENTS FOR THE

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April / May 2020 Volume 67, Number 6 Departments Features Guest Editor’s Message...... 398 Planning for Our Future: President’s Message...... 400 An Update on the LSBA Editor’s Message...... 401 Strategic Plan Association Actions...... 424 By Robert A. Kutcher, 2019-2020 LSBA President...... 402 Practice Management...... 428 Lawyers Assistance...... 429 Lawyers Give Back...... 430 Focus on Diversity...... 432 Portraits & Perspectives: Puzzle...... 434 One on One with Louisiana Supreme Court Associate Justice Discipline Reports...... 436 James T. Genovese Recent Developments...... 440 Interviewed by Young Lawyers...... 456 Winfield E. Little, Jr...... 406 Judicial Notes...... 459 People...... 461 News...... 465 Civil Justice is Having a Classified...... 470 Moment: Join the Action The Last Word...... 472 By Amanda L. Brown...... 412 Also Inside Member Services ...... 415 SOLACE...... 434 2020 LSBA Midyear Meeting Recap: ADR Directory...... 453 Members Receive Awards; CLEs Expert Directory 2021...... 457 Presented...... 416 Advertisers’ Index...... 471

LSBA Annual Meeting & Louisiana Judicial College/ LSBA Joint Summer School Registration Open...... 419

Louisiana Bar Journal April / May 2020 394 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 395 Vol. 67, No. 6 www.lsba.org ® Officers 2019-20 President Editorial Board

Robert A. Kutcher • (504)830-3838 þ Patrick A. Talley, Jr. þ Alainna R. Mire President-Elect Editor (318)449-5046 Alainna R. Mire • (318)449-5046 (504)584-9220 þ John H. Musser V Secretary (504)523-0400 Patrick A. Talley, Jr. • (504)584-9220 þ Rachel P. Dunaway (225)922-5110 þ Roy H. (Hal) Odom, Jr. Treasurer (318)227-3762 Shayna L. Sonnier • (337)436-1600 þ Stephen I. Dwyer Immediate Past President (504)838-9090 þ Kelly M. Rabalais Barry H. Grodsky • (504)599-8535 (985)898-2445 þ Laura S. Gravener (504)554-5807 þ Graham H. Ryan Board of Governors 2019-20 (504)582-8370 First District þ Mark A. Hill (504)526-4337 þ Maggie Trahan Simar Darryl J. Foster • (504)596-6304 (337)394-6133 Lawrence J. Centola III • (504)581-9065 þ Carrie L. Jones Second District (225)755-7500 þ Gail S. Stephenson (225)771-4900, x 216 Stephen I. Dwyer • (504)838-9090 þ Michael D. Lane Third District (504)581-3300 þ Tyler G. Storms Shannon Seiler Dartez • (337)233-1471 (318)255-7805 þ Winfield E. Little, Jr. Fourth District (337)430-0907 þ Adrejia L. Boutte Swafford Todd S. Clemons • (337)477-0000 (504)561-5700 þ C.A. (Hap) Martin III Fifth District (318)388-4700 þ Edward J. Walters, Jr. Valerie Turner Schexnayder • (504)813-3633 (225)236-3636 Kelly M. Rabalais • (985)898-2334 þ John E. McAuliffe, Jr. (504)840-4909 þ Sixth District Jack K. Whitehead, Jr. (225)303-8600 Edward L. Tarpley, Jr. • (318)487-1460 þ Claire McDaniel-Ojeh Seventh District (504)528-9500 Paul L. Hurd • (318)323-3838 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Eighth District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, Patrick J. Harrington • (318)303-6833 Louisiana 70130. Periodicals postage paid at New Orleans, Louisiana and additional offices. Annual subscription rate: members, $5, included in dues; Chair, Young Lawyers Division nonmembers, $45 (domestic), $55 (foreign). Canada Agreement No. PM Scott L. Sternberg • (504)324-2141 41450540. Return undeliverable Canadian addresses to: 4240 Harvester At-Large Members Rd #2, Burlington, ON L7L 0E8. Monique Y. Metoyer • (318)729-1880 Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. Lynn Luker • (504)669-0322 Charles Avenue, New Orleans, Louisiana 70130. Tina L. Suggs • (504)442-8591 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 Southern University Law Center Editorial and Advertising: Donald W. North • (225)505-6714 Publication of any advertisement shall not be considered an endorsement of the product or service involved. Submissions are welcome and will be Louisiana State Law Institute considered for publication by the Editorial Board. For submission guide- Zelda W. Tucker • (318)861-0884 lines, go online at www.lsba.org, click on “Publications,” then “Louisiana House of Delegates Liaison Chair Bar Journal.” Copyright © by Louisiana Bar Journal. All rights reserved. Shayna Beevers Morvant • (504)361-4287 Reproduction in whole or part without permission is prohibited. Views expressed are those of the authors only. Editorial Staff Executive Director Luminary Award 2003 Loretta Larsen, CAE National Association of Bar Executives Communications Director Communications Section Kelly Wells Ponder Excellence in Regular Publications Publications Coordinator/Managing Editor Darlene M. LaBranche International Communications Coordinator/Graphic Design Association of Barbara D. Baldwin Business Public Relations Society Communications Assistant Communicators of America New Orleans Krystal Bellanger Rodriguez New Orleans Chapter Chapter Advertising Booking Questions? ward of Bronze Quill A Call (504)619-0131. Award of Merit

Louisiana Bar Journal April / May 2020 396 Vol. 67, No. 6 www.lsba.org Problem Gambling? Get Free, Confidential Help.

Louisiana Bar Journal April / May 2020 396 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 397 Vol. 67, No. 6 www.lsba.org 2017LAJMembershipAd_Red2019_Layout 1 1/18/2019 11:06 AM Page 1

Guest Editor's Message Don’t Read This Article Introduce a By Edward J. Walters, Jr. new partner Editor’s Note: To allow other members of who care. When election qualifying opens 5,325 of them are senior members. The the Louisiana Bar Journal Editorial Board in September, consider placing your name SLD encourages and maximizes participa- to your law firm to have a meaningful voice, I’ve asked Ed on the ballot. You can make a difference tion of senior lawyers in the operation and Joining Louisiana Association for Justice Walters, a former Journal editor-in-chief and feel good about it. betterment of the LSBA, while providing is like introducing a new partner and current Editorial Board member, to Board of Governors. The Board of services to the senior members. The SLD to your law firm — one who works take the spot and pen a Guest Editor’s Governors is comprised of 22 leaders has organized lunch meetings with topics Message. Enjoy! — Patrick A. Talley, Jr. charged with fiscal responsibility for the such as wellness, diet, exercise and stress. around the clock and LSBA and with administration of asso- The next luncheon speaker will address doesn’t take holidays. Of course, this headline may remind ciation affairs as set forth in the Articles retirement funds — whether you have some of us of a book written by Abbie of Incorporation. Service on the Board of enough, how to plan for your actual retire- Hoffman during the turbulent 1960s. Governors was most enjoyable. The issues ment when the time comes, and handling Hoffman was one of the most influential discussed are weighty and important. your retirement funds to make appropriate and recognizable American activists, gain- Louisiana Bar Journal Editorial decisions for your family. ing fame with his leadership in anti-Viet- Board. If you like the Louisiana Bar Mentor/Mentee, Transition Into nam War protests and exemplifying the Journal, membership on the Editorial Practice (TIP) Voluntary Mentoring counterculture of the time. His book, titled Board will give you a voice about content Program. By far, my most enjoyable Steal this Book, focused on ways to fight in the magazine. If you like to write, it will experience is being a mentor in the TIP the government and is written in the form give you an opportunity to get published. Program. This program matches expe- of a guide to the youth. I’m not sure he re- If you like to proofread, board service will rienced lawyers with new lawyers and, ally wanted you to steal his book, but he give you all of the proofreading experience together, the team works through a rigor- probably did. I really wanted you to read you can handle. For me, it was my most ous schedule of benchmarks for the new this article — thus the provocative title — “fun” board because of the creative people lawyer to attain, such as attending a de- and, now that you are here, I guess you did, who serve on it. position, attending a trial, discussions of at least this far. Rules of Professional Conduct how to run a law office and handling ethi- So what does this have to do with the Committee. This committee does a lot of cal dilemmas. I have met some great new Editor’s Message? heavy lifting. It is tasked with monitoring lawyers who are now my friends. Even Well, Steal this Book was a guide to and evaluating developments in legal eth- now, after the formal part of the program the youth based on Hoffman’s experi- ics and, when appropriate, recommend- has concluded, I still speak to them often ences. This article is a guide to Louisiana ing changes to the Louisiana Rules of and, in several cases, we frequently still State Bar Association (LSBA) activities Professional Conduct (RPC), acting as a have lunch to discuss their career deci- based on MY experiences. Often, this liaison to the Louisiana Supreme Court on sions. You may remember being a new type of article encourages you to get in- matters concerning the RPC, and reviewing lawyer and wishing there was someone LAJ exists for one purpose only: to assist Participating in a practice section and volved with the Bar and tells you what proposals to add, delete or modify exist- with whom you could speak to answer experienced and new lawyers so that they list server is like adding a team wonderful things we do for others. But ing ethical rules and making recommenda- those questions all new lawyers have. You may better serve their clients. From battling for of experienced lawyers to your firm. they never tell you, the reader, what YOU tions for changes to the LSBA’s House of can be a part of this great program either our clients’ rights in the legislature to providing get out of it. Here’s my advice, based on Delegates. If you think we need changes in as a mentor or as a mentee. In today’s world, everybody expects value, what I got out of my Bar activities. our RPC, this is the committee for you. It is Get involved! You will meet some second-to-none networking opportunities, which is exactly what LAJ brings to your practice. House of Delegates. The House of a very impressive group with a very impor- of the nicest, smartest, most well-inten- LAJ works 24/7 to help members succeed. Delegates, the LSBA’s policy-making tant job. This committee makes a difference. tioned people and your law practice will LAJ’s annual dues for lawyers start at just $95 body, meets twice each year during the CLE Committee. The Continuing be enriched. Now go run for the House Members can expand their knowledge base and monthly payment plans are available. Annual Meeting and the Midyear Meeting. Legal Education Program Committee of Delegates. Go by reading articles in the association’s monthly House members serve two-year terms and works to provide LSBA members with be a mentor or a To join, contact us at 225-383-5554 or visit magazine, joining a wide range of practice are elected from their respective judicial quality and diverse CLE opportunities at mentee. Enhance www.lafj.org. districts, with districts being entitled to one an affordable price. You could help decide your experience sections and participating on those list servers, delegate for each district judge. This is a what CLE opportunities are available for as a lawyer. It and attending LAJ’s outstanding CLE programs huge body and members tackle all of the our members, plus you will meet some of will make YOU at a discounted rate. Events like LAJ’s always policy issues. The meetings are interest- the best judges and lawyers in the state. feel like YOU popular Annual Convention and Fall Conference ing and meaningful, and you get to decide Senior Lawyers Division. If you are did something the direction of your association. You will 65 or over, you are already a member of worthwhile . . . provide additional chances to build relationships make friends with members from all over the Senior Lawyers Division (SLD). Our for yourself. with colleagues. the state and work with excellent lawyers Bar has 22,868 eligible members and My 2¢. 442 Europe Street, Baton Rouge, Louisiana 70802-6406

Louisiana Bar Journal April / May 2020 398 Vol. 67, No. 6 www.lsba.org 2017LAJMembershipAd_Red2019_Layout 1 1/18/2019 11:06 AM Page 1

Introduce a new partner to your law firm Joining Louisiana Association for Justice is like introducing a new partner to your law firm — one who works around the clock and doesn’t take holidays.

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

Louisiana Bar Journal April / May 2020 398 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 399 Vol. 67, No. 6 www.lsba.org President's Message What a Long, Strange Trip It’s Been By Robert A. Kutcher

s I end my term as Louisiana — for their kind invitations to attend advocacy. Civility and professionalism State Bar Association their court opening and memorial ex- are the bedrock of our profession. That (LSBA) President, I think ercises. Those events exemplify what is the foundation upon which our pro- back to our theme from last this profession should be. We honor fession rests. Especially in these chaotic year’sA Annual Meeting, “Evolution of those who preceded us and welcome the times of tribalism and polarization, all the Profession: What a Long, Strange new lawyers who will follow us. I en- of us, lawyers and judges, should strive Trip It’s Been.” The past year has cer- joyed every event I attended and thank to uphold the ideals of our profession tainly been a long, strange trip. It also the officers and directors of each Bar and uphold the rule of law. has been one of the most enjoyable, sat- Association for inviting me. For those Our predecessors have always been isfying, fun and challenging years of my who have not attended these events, I in the forefront of social policy and jus- life. strongly encourage you to not only join tice. It is up to us to follow suit. We all Unfortunately, as I write this, I am your local Bar Association but to attend swore an oath to uphold the Constitution home practicing social distancing. a court opening next year. It will make and should do so. Certainly, we could have done with- you feel good about our profession. We, as lawyers, must commit to the out the COVID-19 crisis. In less than Overall, however, our Bar has had a impartial administration of justice for a week, our world was turned upside very productive year. With the help of all. We must commit to the rule of law. down, and we were all forced to face the Bar staff, we are well on our way to The simple reality is that we are an in- the new realities of schools, restaurants, implementing our Strategic Plan. The tegral part of our society. Despite the bars, movie theatres and gyms closing. world is an ever-changing place, and changing times, that will not change. I’m reminded of one of the lines from it is vital that we are prepared to face We also have a duty to address un- My Cousin Vinny, one of the great law- the challenges of the future. Like the warranted attacks on our judiciary. It is yer movies of all time. When Vinny world, our profession is not static. We the foundation of the system upon which shows up in court in his maroon circus either evolve or face irrelevance and ex- the law sits. It is up to us to safeguard outfit, his answer to the judge was that tinction. Our Strategic Plan will help us the integrity of the judicial system. If we the whole store got the flu. Well, our en- evolve and be better prepared to handle don’t, who will? tire world is closed for the flu, but we the demands of the future. The practice It is customary in the President’s last will get through it. We are resilient and of law is ever-changing, and we need to message to thank everyone for their help the Bar is here to help. Please check our be prepared. and assistance, and far be it from me to website for updates and advice. Despite the shifting landscape, there do otherwise. This is a time-consuming Over the course of the year, I have is one constant. Our profession is based and demanding job, and it could not be had the opportunity to travel the state on an unwavering commitment to the done without the help of so many peo- and meet with local and specialty Bar rule of law, which is simply a set of prin- ple. leaders and members. Much like Johnny ciples for ensuring an orderly and just First and foremost, we are fortunate Cash, “I’ve been everywhere, man.” society. The same law should be applied to have as our partners in the profession My thanks go to all the local Bars to everyone. Everyone should have ac- the Supreme Court which is so support- — including the Alexandria Bar cess to the court system. The law is the ive of the Bar and its goal. Our success Association, the Southwest Louisiana cornerstone of a society. We should all is a direct result of the Court’s support. Bar Association, the Lafayette Bar be proud to be lawyers because we pro- Until you speak with Bar leaders in oth- Association, the Shreveport Bar tect rights and vindicate wrongdoing. It er states, you don’t recognize how valu- Association, the Baton Rouge Bar is up to us to guard our system of justice. able it is to have a working relationship Association, the 22nd Judicial District Civility is important. We can disagree with the Court. Our Bar is very fortu- Court Bar Association and the 4th without being disagreeable. Yelling and nate. Judicial District Court Bar Association screaming are not the same as zealous I also thank the Board of Governors

Louisiana Bar Journal April / May 2020 400 Vol. 67, No. 6 www.lsba.org and executive officers for their commit- I am very pleased to leave the Bar in songs, some sad, some happy. From an ment and input. Our Board is diverse good hands. I know our next President, older generation, there is Bob Hope’s and truly represents the membership Alainna Mire, and President-Elect, “Thanks for the Memories” or “I’ll of the Bar. Although we have different Minor Pipes, will do a great job. This is Be Seeing You” by Billie Holiday and practices and different political views, not an easy job, and it does take a vil- any number of other artists. Peter, Paul all of us on the Board care very deeply lage. I look forward to their leadership. and Mary’s version of “Leaving on a about our profession. The reality of a one-year term is that Jet Plane” is a classic. From my child- As any former President will tell you, you can only build on what your prede- hood, there are “Happy Trails to You” this job could not be done without the cessor did and lay a foundation for what and “See You Later, Alligator.” More support of the Bar staff, led by Loretta your successor will do. Over the course recently, there is “(I’ve Had) The Time Larsen and Cheri Grodsky. They make of the year, I have also been fortunate of My Life” or Alicia Keys’ romantic our jobs easy. I literally could not have to have an excellent relationship not “Goodbye.” There is certainly no short- done this without their advice and coun- only with Alainna Mire but also with age of songs. But I choose to end this sel. my friend and immediate past President, message and this year by closing, just This job also could not be done with- Barry Grodsky. The Bar is fortunate to as I did in opening, with the good old out the support of my partners, espe- have such committed leaders. Grateful Dead, so: cially Nicole Tygier, and our assistants, So, as I ride off into the sunset, I “Truckin’, I’m a goin’ home.” Julie Wisecarver and Celeste Pfefferle. remember any number of “bye-bye”

From the Editor LSBA Response to COVID-19 y the time this issue of the Louisiana Bar Journal environments, is rapidly evolving and we need to be current goes to press and you receive it in the mail, life and agile in making the necessary judgment calls as the need in Louisiana will have changed dramatically. This arises.” is particularly true with the practice of law. As Rest assured that your Louisiana State Bar Association is schools,B courts and many businesses are closed, every day here to help. Please closely monitor the LSBA website for brings more changes. As the pandemic escalates, and in the continued updates that may affect your practice, and let us interests of health and welfare of our people and communities, know if you need help in any way. many of our members are now working remotely from home, I don’t know if normalcy will have with one eye on the computer and the other eye on kids or returned by the time this issue of the grandkids. Journal reaches you, but we will Yes, it’s a different world today, and though what the eventually get back to normal. In the coming weeks will bring is uncertain, a measure of our meantime, keep each of our members excellence will be shown in how we adapt to these complex in your thoughts and prayers. and changing circumstances. As one managing partner of a leading law firm said, “We are in a unique moment —Patrick A. Talley, Jr. of understandable objective and subjective business and LSBA Secretary personal anxiety. The situation, and related family and client and Journal Editor

COVID-19 Response Access the LSBA’s Website for Latest Information on COVID-19 Response or the most up-to-date information on the COVID-19 (Coronavirus) LSBA’s response to COVID-19, including COVID-19 (Coronavirus) office closures, Bar program cancellations/ Updates and Information postponements, and links to court, state and www.lsba.org Fadditional resources, go to: www.lsba.org.

Louisiana Bar Journal April / May 2020 400 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 401 Vol. 67, No. 6 www.lsba.org Planning for Our Future: An Update on the LSBA Strategic Plan

By Robert A. Kutcher 2019-2020 President Louisiana State Bar Association

Louisiana Bar Journal April / May 2020 402 Vol. 67, No. 6 www.lsba.org n 2019, the Louisiana State Bar improve the quality of practice and Goal 4: The LSBA expands access Association’s (LSBA) Board of respect for the profession. to justice. Governors, under the leadership of In furtherance of our efforts to cultivate Access to justice is critical to our then-President Barry H. Grodsky, professionalism, collegiality and quality mission and our society. There are far adoptedI a Strategic Plan for the LSBA. of life, we offer CLEs dedicated to the too many of our fellow citizens who Six goals were established. revised Code of Professionalism. Every cannot afford even the most basic legal As we approach the one-year issue of the Louisiana Bar Journal has services. It is our job to speak up for anniversary of the adoption of the plan, dedicated sections to cover these topics. those who cannot speak for themselves. I would like to share some highlights of Among other activities, we continue to Justice is not a spectator sport and we what we have accomplished. There is support the SOLACE Program, under should not be on the sidelines. still work to be done, but we have made the leadership of Judge Jay C. Zainey, This year, through the efforts of our good progress. as well as our Judges and Lawyers Access to Justice Commission, we were Assistance Program (JLAP). able to secure $500,000 in state civil Goal 1: The LSBA preserves In an effort to instill professionalism legal aid funding for the first time in self-regulation and self-governance at the earliest possible time, we also a decade. Our thanks especially go to through our mandatory Bar in service conduct programming at the law schools State Senators Beth Mizell, Franklin to the public and the profession. starting on the first day of class, and Foil, Eric LaFleur and Cameron Henry The Bar serves both the public we continue to visit the law schools in for their efforts. and the profession, and our self- years two and three. The law schools are ABA Day in Washington, D.C., was regulation is important. Over the our future, and professionalism is the also a success. Through our efforts, course of the year, we have fully foundation of our profession. and the efforts of many other Bar integrated the MCLE Department and Associations from around the country we continue to coordinate the Legal Goal 3: The LSBA helps foster last year, Congress approved national Specialization Program. We have more inclusion and participation by the legal aid funding in the amount of than 400 lawyers who have qualified as diversity of its members and works $593,000,000, which represents a specialists. We also continue to offer our to satisfy the unique needs of all significant increase over prior years. Practice Assistance, Fee Arbitration and members. While the amount allocated is, in Client Assistance programs. If you are Consistent with our professional adjusted dollars, lower than it was in unfamiliar with any of these programs, I obligations, it is incumbent for each the Reagan years, this is still a major urge you to visit our website, www.lsba. of us to make the law an inclusive victory in today’s environment. Our org. These programs provide a valuable environment. We encourage diversity ABA Day is coming once again this service to our members and the public. on our committees and in our sections. year in April, and we hope to exceed Our statewide Mentoring Program The LSBA is an annual sponsor of the that appropriation. (including a mentoring program for Conclave on Diversity in the Legal Closer to home, our Modest Means two- to seven-year lawyers) and our Profession. In order to promote future Program, established to address the legal Spot Mentoring Program have gained leadership, former LSBA President needs of modest means clients and to momentum. In a time when there are Larry Feldman established the match them with lawyers performing more and more lawyers hanging out a Leadership LSBA Program. This year’s legal work at reduced rates, is continuing shingle, the mentoring programs can be Leadership LSBA Class consists of 15 to grow. If this program or our Legal of valuable help. young lawyers from around the state. Innovators for Tomorrow (LIFT) Program Also over the past year, the LSBA We seek to educate young lawyers who is of interest to you, I invite you to go to has implemented a receivership want to get involved in the Bar and to our website and sign up. These programs program, established to assist in the cultivate the future leadership of our are the quintessential “win-win.” event of a lawyer’s death or disability. organization. The Building Bridges Committee It is important to remember that a large Our Member Outreach and Diversity has worked in coordination with the proportion of our members are solo Department continues to connect our Departments of Corrections and Motor practitioners with no one to handle their Bar with local and specialty Bars Vehicles to make it easier for people practices in the event of catastrophe. to encourage the broadest possible released from incarceration to have This program provides help to both the participation. We encourage our Board legal representation for everyday tasks impacted lawyer’s family and his/her members to engage with their local such as obtaining a driver’s license. clients. communities. We strive to have our Navigating the legal challenges can be leadership look like our membership in daunting and, without a driver’s license, Goal 2: The LSBA cultivates all respects. obtaining employment can be difficult. professionalism, collegiality and Volunteer if you are able. There are so quality of life among its members to many ways to help.

Louisiana Bar Journal April / May 2020 402 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 403 Vol. 67, No. 6 www.lsba.org DOES YOUR MALPRACTICE POLICY INCLUDE CYBER COVERAGE?

DOES YOUR MALPRACTICE Goal 5: The LSBA improves public Beginning Foundation and the Louisiana your House of Delegates adopted trust and confidence in the legal Bar Foundation, we also conduct our new guidelines for any new House of POLICY INCLUDE CYBER COVERAGE? system and its participating judges Suit Up for the Future Program, chaired Delegates policy. The Bar will continue and lawyers. by U.S. Magistrate Judge Karen Wells to have a direct role in matters impacting Public trust and confidence are critical Roby. The three-week program is the practice of law. to our ability to not only do our jobs but to designed to give high school students *********** **** give back to our communities. Once again an idea of what the practice of law is It’s Your Bar: Be Part of It! this year, we conducted our Lawyers in all about. We also continue to support Libraries Program. Through the efforts of and partner with the Louisiana Center We are a long way from accomplishing STRONG WEAK our member volunteers, we had lawyers for Law and Civic Education which our goals, but we have, through the efforts in every parish library that invited us. promotes the practical understanding of of our Board and staff, gotten that much Many of us, with our laptops, iPhones and respect for the law. These are just a closer to achieving and implementing our and iPads, do not realize that, in this few of the programs designed to foster plan for the future. I urge each of you to computer-dependent world, some parts trust and confidence in our legal system. get involved in your Bar Association. We of our population do not have computers, strive to have something for everyone. Be and their only access to the Internet is Goal 6: The LSBA has the financial part of the experience. It’s good for you *********** **** in the public library. Our goal in this governance and organizational and for your community. For information program is to provide free legal advice capacity to serve its vision. on any of our programs, visit our website, to those of our citizens who need it the It is no secret that mandatory State www.lsba.org. It’s all there. This is your STRONG WEAK most. We had more than 100 volunteers Bars, like ours, have been the subject of Bar Association. Be a part of it. for more than 120 events throughout the lawsuits alleging violations of freedom state. Join us this coming October to give of speech and freedom of association. Robert A. Kutcher is back to your communities. There are currently pending suits the 2019-20 president Our Secret Santa Project, coordinated in Texas, Michigan, North Dakota, of the Louisiana State Bar Association (LSBA). in conjunction with the Louisiana Bar Oklahoma, Wisconsin and Oregon, as He is the managing Foundation, made the holidays more well as here in Louisiana. In Louisiana, partner in the Metairie enjoyable for more than 800 children. the Bar and the individual members of firm of Kutcher Tygier REMEMBER... Consider participating this December. the Louisiana Supreme Court were sued & Luminais, L.L.P. He received his BS degree In a further effort to encourage pro by one of our members. In January, U.S. in 1972 from Cornell bono participation, at the recent LSBA District Judge Lance Africk dismissed University and his JD Midyear Meeting, the House of Delegates that lawsuit. As expected, the plaintiff degree, cum laude, in less premium may mean less coveraGe approved emeritus status for lawyers. has appealed that dismissal. 1975 from Loyola University Law School. He served as LSBA president-elect in 2018-19 and This allows lawyers over age 50 who We will, of course, vigorously defend as LSBA treasurer in 2014-16. He also has served REMEMBER... have been practicing for more than 10 the Louisiana suit and monitor the other in the House of Delegates and on the House years and who no longer want to practice state actions. We will also continue to Liaison Committee, the Legislation Committee, law full-time to elect emeritus status and ensure that our association continues to the Committee on the Profession, the Louisiana Bar Journal Editorial Board, the Summer School COMPAREless POLICIES premium AND MAKE may meanSURE less coveraGe reduce his/her annual dues by 50 percent. comply with the prevailing law. Planning Committee, the Nominating Committee, This emeritus status will allow a lawyer Over the past year, our membership the Rules of Professional Conduct Committee and to continue to do pro bono work while has voted to require that any new House the Audit Committee. ([email protected]; YOU KNOW ALL THE FACTS. reducing the cost of dues. of Delegates policy be adopted in Ste. 900, Two Lakeway Center, 3850 N. Causeway Blvd., Metairie, LA 70002) In conjunction with Just The excess of 75 percent, and, in January, Cyber LiabilityCOMPARE insurance POLICIES is a must-have AND for MAKE the modern SURE of ce. It only takes a stolen computer,YOU KNOW a hacker, ALL or THE a virus FACTS. to create substantial consequences for

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Louisiana Bar Journal April / May 2020 Vol. 67, No. 6 www.lsba.org This information is intended to present a general overview for illustrative purposes only. It is not intended to constitute a binding contract. Please 404 This informationremember thatis intended only the relevant to present insurance a general policy can overview provide the for actual illustrative terms, coverages, purposes amounts, only. conditionsIt is not intendedand exclusions to constitute for an insured. a binding contract. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. DOES YOUR MALPRACTICE POLICY INCLUDE CYBER COVERAGE?

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Louisiana Bar Journal April / May 2020 Vol. 67, No. 6 www.lsba.org ThisLouisiana informationThisThis information Bar informationis intended Journal is intended isto intended present April to present a/to generalMay present a 2020 generaloverview a general overview for overview illustrative for illustrativefor purposes illustrative purposesVol. only. purposes 67, It only.is No.not only. Itintended 6is It not iswww.lsba.org notintended to intendedconstitute to constitute to a constitute binding a bindingcontract. a binding contract. Please contract. Please Please 404 This informationrememberremember thatisremember intended only that the that only relevant to only the present therelevant insurance relevant a insurance general policy insurance can policy overview providepolicy can can 405providethe for provideactual illustrative the terms, theactual actual coverages,terms, purposes terms, coverages, coverages,amounts, only. amounts, conditionsIt amounts, is not conditions intended andconditions exclusions and to andexclusions constitute forexclusions an insured. for an fora insured. binding an insured. contract. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. Portraits & Perspectives: Louisiana Supreme Court Associate Justices

Louisiana Supreme Court Associate Justice James T. Genovese. Photo courtesy of Louisiana Supreme Court.

One on One with Louisiana Supreme Court Associate Justice James T. Genovese

Interviewed by Winfield E. Little, Jr.

LouisianaLouisiana BarBar JournalJournal AprilApril // MayMay 20202020 406406 Vol.Vol. 67,67, No.No. 66 www.lsba.orgwww.lsba.org Louisiana Bar Journal April / May 2020 407 Louisiana Supreme Court Journal: Justice Genovese, tell us Journal: I assume you attended pa- Associate Justice James T. Genovese about your early childhood. rochial schools? Genovese: For 70 years, I’ve been Genovese: That’s an interesting story. was born, reared and educated here in Opelousas. My mother was born My mother was a very strong Catholic. in, and is a lifelong resident of, and raised between Lawtell and Church When it came to that, she ruled the roost. Opelousas in St. Landry Parish. Point. She’s a DeJean, and she was one Even though my father taught in public He graduated from the Academy of 10 children reared on a farm. St. school, my mother required all of her Landry Parish is my home. I could have children to attend Catholic school. So I of the Immaculate Conception in gone to Lafayette when I was elected attended the Academy of the Immaculate Opelousas in 1967. He received a BA to the court of appeal. But the people Conception (AIC) in Opelousas (now degree in 1971 from Northwestern of St. Landry Parish were responsible called Opelousas Catholic). When it State University in Natchitoches, mostly for electing me, and I’m loyal to was time for high school, I asked to at- my people in St. Landry Parish. I love tend Opelousas High School where my where he was a four-year letterman Opelousas, and I’m still here. father taught. My father told me I had in tennis. He received his JD degree, to ask my mother. I did, and it didn’t go with honors in property law, in 1974 Journal: What did your parents do? far. I pled my case. I guess that’s why I from Loyola University College of Genovese: Well, this will explain eventually became a lawyer. I appealed my last name, Genovese. I was often saying, “Look, Daddy, you’re at OHS. If Law in New Orleans. kidded about the Mafia and Italian heri- I’m there, you can watch over me if I get Justice Genovese was engaged tage. But my father was from Stanford, out of line.” I lost that appeal, and all of in the general practice of law Connecticut. He grew tired of the north us kids graduated from AIC. in Acadiana from 1974-95. He and wanted to attend college in the south, My father taught biology. He knew so he went to the University of Alabama. the biology professor at Northwestern. served as president, vice president He graduated from the University of One day, he picked me up from school and secretary-treasurer of the St. Alabama two years ahead of Bear Bryant, and said, “Get in the car. We’re going up Landry Parish Bar Association. He who signed his yearbook. He then at- to Natchitoches. If I like the school, that’s is a member of the Louisiana State tended LSU Medical School, where my where you’re going to college.” I said, mother’s brother, Ferdinand, also was at- “Wait a minute. I want to go to USL. It’s Bar Association, the Colorado Bar tending. My Uncle Ferdinand invited my 20 miles away. I’d be home.” He said, Association and the American Bar father during spring break to his parents’ “This is the deal. You go to USL, you pay Association. He is admitted to the house between Lawtell and Church Point, for it. You go to Northwestern, I’ll pay for bar in all state and federal courts a little community called Plaquemine it.” So, I wound up going to Northwestern, Point right off Bayou Plaquemine. He earned a tennis scholarship and played in Louisiana, including the U.S. did that a couple of times. He met my tennis for all four years. Supreme Court. mother. They became enamored and got In my senior year, I applied to LSU His judicial career began as a married. Law School and was accepted. I was judge ad hoc of the Opelousas City Later, my father took ill, developed all excited. I showed the letter to my bleeding ulcers and almost died. He had Dad. He said, “Very good, son. I’m Court from 1975-89. He was elected to sit out for two years. When he went happy for you. But you better go talk district judge for the 27th Judicial back to med school, they wouldn’t give to your mother.” I said, “Mom, I got ac- District Court (St. Landry Parish) him credit for the two years he had al- cepted to LSU in Baton Rouge, and I’m in 1995 and served as district judge ready completed. So, he said, “To heck real excited about that.” She looked at with it. I’m just going to teach school.” me and said, “Hmm, I think you need through 2004. He next was elected My father taught school in the St. Landry to go to Loyola, a Catholic school.” I to the Louisiana 3rd Circuit Court Parish school system for over 30 years. said, “Mama, I don’t want to go to New of Appeal and served on that court My mother graduated from Sacred Orleans. I want to go to LSU.” She said, from 2005-16. He was elected as an Heart in Grand Coteau, which was a “You go to LSU, you pay for it. You go college then. Together, they ran a fro- to Loyola, I’ll pay for it.” Not again. At associate justice on the Louisiana zen food locker business and my fa- this time, I was married with a child. Supreme Court and began serving ther taught school. My mother always So, three years later, I graduated from on Jan. 1, 2017. wanted to run a nursery school. About Loyola because I’m not a fool. He is married to Martha Anne the time I began attending law school, That’s how strong my mother’s influ- she was running a school for kids ages ence was and how much it meant to her Janes and is the father of four 3-5. She did that for 10 years. After they for her children to get a good Catholic daughters and one stepdaughter and both retired, they lived out their days to- education. Mom was always right. I was has four grandchildren. gether until they passed away. young and I thought I knew it all. But I didn’t. They did.

Louisiana Bar Journal April / May 2020 406 Vol. 67, No. 6 www.lsba.org LouisianaLouisiana BarBar JournalJournal AprilApril // MayMay 20202020 407407 Vol.Vol. 67,67, No.No. 66 www.lsba.orgwww.lsba.org Journal: You came back to judge against five other people, and, by in and said, “All right, Genovese, I want Opelousas to practice law? the grace of God, I was elected. I served that license plate.” Of course, his initials Genovese: I did that because my un- for 10 years from 1995 through 2004 on also spelled JTG. I said, “Well, James, cle, Robert F. DeJean, was a city judge the district bench in the 27th JDC in St. that’s my personalized license plate. I at the time. He was a judge for over 30 Landry Parish. paid over $100 for it. When I’m dead years. I had plans to practice with him, and buried, you can have that license but, as things worked out, he had two Journal: You then decided to run for plate, but you ain’t getting it now.” He sons, also lawyers, so there really was the 3rd Circuit and later the Supreme was not happy. no room in the inn for me. Court? Lo and behold, about five years later, So I opened my own office and prac- Genovese: I never had any desire to my wife gets a new car. About the li- ticed for a year by myself. I learned a run for the court of appeal. I remember cense plate, she said, “You got JTG. I lot doing indigent defender work. I I was on the bench in the middle of a want MJG.” My wife’s name is Martha learned how to try cases. When you do trial one Friday afternoon and I get a call Janes. I said, “We’ll get a license plate indigent defender work, you have a lot from Ned Doucet, the 3rd Circuit Court as JTG-MJG.” of criminal trials. So I learned how to of Appeal chief judge. When you’re on I go back to the Palace Café again. be a trial lawyer, not a plaintiff personal the district bench and the chief judge In comes James Guglielmo again. He injury lawyer, but a criminal defense of the 3rd Circuit calls, you go off the was not happy. He said, “What are you lawyer. The next city judge after my un- bench and take the phone call. He had doing?” I said, “James, you’re not get- cle — Kenneth Boagni — came to me two things to tell me — “I’ve decided ting that license plate.” He said, “I’m and said he needed a partner and some to retire and I’m running for representa- not talking about that license plate. I’m help. We formed a partnership, Boagni tive, and I want you to consider running talking about the license plate on your & Genovese, and practiced law together for my position. Think about it and let wife’s car.” I said, “What’s your problem for 14 years. Then I went on my own me know.” I talked to several people, now? The license plate on my wife’s car for seven years. I practiced a total of 21 mentors, people in the community, peo- is JTG-MJG.” He said, “Well, my wife’s years and then ran for district judge, ap- ple I respect a lot. Eventually, I ran and name is Mary Janet Guglielmo, and her pellate court, Supreme Court, and the was elected. I was on the appellate court initials are MJG as well. Now you have rest is history. for 12 years. JTG and MJG, and my wife saw that When Justice Jeannette Theriot and she wasn’t happy either.” Journal: You were an ad hoc city Knoll retired, I was asked to consider It was really kind of funny. My wife judge, also? running. I never had a desire to be there, still has JTG-MJG on her car and I still Genovese: Back then, the city judge either. But I ran, and, again by the grace have JTG on my truck. It doesn’t mean could appoint a lawyer to take his place, of God, I was elected. anything. It’s just our initials. so Judge Boagni appointed me. It’s dif- ferent today. Today, the Supreme Court Journal: I saw a vehicle outside Journal: In 40-some-odd years of makes the appointment. that had a personalized license plate of practice, and on the bench, can you “JTG.” think of one or two interesting cases that Journal: You ran for district judge? Genovese: That would be me. you would like to tell us about? Genovese: Yes. At the time, we had Genovese: A lot of people are inter- four district judges and two of them de- Journal: How did you come to have ested in the money aspect and the big cided to retire at the same time. I had a license plate “JTG”? cases. But one of the most rewarding never thought about being a district Genovese: Can I object on the things I’ve done in the practice of law judge, but I didn’t feel the people run- grounds of relevance? What does this is private adoptions. I represented local ning were qualified because they didn’t have to do with this interview? But, as OB/GYN doctors. Whenever a young have trial experience. I have strong feel- you are here at my office, I’ll answer the mother wanted to put her child up for ings about that. If you’re going to be questions. I have nothing to hide. adoption, then the OB/GYN would call a district judge, you have to have trial In 1984, as I recall, Louisiana decid- me, and we would handle the adoption. experience because that’s what they do. ed to allow personalized license plates. I did about 20 or 25 of those. It was a If you’re going to be an appellate court Perhaps out of vanity, I sent in for rewarding experience to allow a couple judge, you better have some district “JTG.” I was early — early bird catches who could not have children of their court experience because the appellate the worm — and I got the license plate own to become parents. It gives me court judge grades the paper of the dis- and put it on my car. One day, I went chills even now. trict judge. If you’re going to be on the to lunch at the Palace Café‚ right across As a district judge, I presided over Supreme Court, I think you should have from the courthouse. A lot of lawyers go nine murder cases and every one of district court and appellate court expe- to the Palace Café, and we all sit at this them was exceptionally interesting and rience because the Supreme Court is a table called the round table. Attorney very challenging. All the murder cas- whole different ballgame. So, I ran for James Guglielmo, a good friend, came es have the forensic aspects with the

Louisiana Bar Journal April / May 2020 408 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 409 coroner and the other experts testifying about the cause of death. That is all very intriguing. I had a number of big cases, includ- ing toxic tort, damage to property and, of course, what I call the “crawfish case.” It involved the poison (herbicide) administered to kill the rice weevil that also wound up killing all the crawfish. It was a mass class action case that went on for five years. It eventually settled but we tried it for several days.

Journal: Just something that you’d want other people to read or think about. Genovese: I would like people — es- pecially people interested in law — to know that what we truly want is jus- tice and “justice for all.” I think justice should be fair for everyone, those who have the money versus those who don’t have the money. It’s very important. By serving on the bench for 24 years, I’ve learned that justice just doesn’t happen. You have to work at it, and you have to be fair. But people need to remember that judges are human beings, too. It is also important to remember that when people come before you, as a lawyer or a judge, they’re putting all their faith in you. This situation may be the only case they ever have, and, for them, their life, liberty and property is at stake. You have to work hard to get it right. Give them their day in court. Let them pres- ent their evidence. Then take the facts Justice Genovese at his nearly-paperless desk. Most communications are digital these days. Photo and, to the best of your ability, apply the by Winn Little. law to those facts and try to render a fair decision with justice. As a district judge, pull it up on my iPad. As soon as we get hope to get a couple hours to spend time as an appellate court judge and now as through with the interview, I’ll read the with grandchildren or go hunting or a Supreme Court justice, the process application and make a decision. fishing. But if you go hunting or fish- hasn’t changed. You give them their ing, you have the iPhone with you and day in court, treat them with dignity and Journal: That brings to mind the you get emergency writs that flow in respect, and make sure you do the best scheduling you have to do on the or requests to appoint a judge to one of to give them justice. It’s not always an Supreme Court. Can you give us an idea the eight parishes you represent. Every easy task. of what happens each week or every day, all day. When that emergency writ other week? comes in, you stop everything else. Journal: While we’re doing this in- Genovese: Perhaps I should have Every week, we have conference, terview, you mentioned that you received stayed at the appellate court because except when we have oral argument. an emergency writ application . . . that was the easiest and best job in the The term runs from the end of August Genovese: Yeah. judiciary. When I went from the appel- through the end of June. In between Journal: . . . on your laptop? late court to the Supreme Court, I’ve the end of June and the end of August, Genovese: Yes, it comes in on the never worked this hard in my life. This even though you’re not technically iPhone first. I’ve read them in duck job is all-consuming, 24/7 and tough. having conference every week or oral blinds. I’ve read them in the Wal-Mart There are no easy cases. You have to argument, you still have emergency parking lot. When I get the chance, I do something in this job every day. You writs and you still have to take care of

Louisiana Bar Journal April / May 2020 408 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal AprilApril // MayMay 20202020 409 Vol. 67, No. 6 www.lsba.org your appointments. For example, every Also, when people contact you, con- judge needs to be replaced temporarily tact them back. I don’t go a day without because of sickness, a death in the fam- responding to a phone call, a text or an ily, going to a CLE, vacation, conflict, email. Respond as soon as you possibly recusal, etc. If for some reason a judge can. That’s the greatest advice. In this dig- cannot serve, I have to appoint a judge ital age, with all the social media options, to serve in his/her place. I get the no- there’s no reason not to respond quickly. tice on the iPhone and I have to appoint So, return your phone calls, take care of a judge appropriate for the position. If your correspondence, be good to people, it’s a criminal matter, I want a judge be organized and prepared, and the world with experience in those matters and the is a better place and the legal profession is same with civil jury trials or juvenile a better place. We can improve our profes- matters. I’m a strong believer in experi- sion and we need to do that. ence to be a judge. The personalized “JTG” license plate still grac- es the Justice’s truck. Photo by Winn Little. To shorten a long explanation, the Journal: Any final thoughts? rest of our scheduling involves live Genovese: I want to conclude by conferences in New Orleans, oral argu- saying that I’m doing this job for two ments, video conferences, and confer- we rule and what we decide will go on reasons and two reasons only — to ences to take care of all administrative for decades. You know those decisions make this court better and to bring bal- matters of the court, which can take that I wrote while I was on the Supreme ance to this court. This is what I strive hours as the Supreme Court is respon- Court? They don’t die with me. They are to do every single day that I’m serving sible for all lawyers, judges, courts and still on the books until somebody comes on this court when I’m reading cases. the entire judiciary, covering issues like and changes them. That decision is there Above all, I believe in access to the peo- payroll, insurance, the drug court, FINS until someone overturns it. ple. I believe in making sure that people (families in need of supervision), CASA know that I’m here. If you need to talk (Court-Appointed Special Advocates), Journal: Do you have any advice for to me, every person around knows that the protective registry, lawyer disci- attorneys and judges? my number is 94-JUDGE. I’ve been pline, judicial discipline and other areas. Genovese: Yes. Uphold the integ- having it for 24 years. Okay, I bought it All of these things have separate depart- rity of the profession and maintain your from a lady from Houston who had the ments and we have to manage appoint- credibility and your reputation. It is so number. But it still works to this day. I ments for the positions. very important. We have a never-ending take pride in being local here. I mean, After we finish administrative con- job to get out there and convince the how many Supreme Court justices’ cell ference on the first day of conference, public that what we do is good. It’s diffi- numbers do you have? we normally handle what is called the cult when all you hear are the complaints Journal: None. two-list, comprised of all the most re- about lawyers and the lawyer jokes and Genovese: You have one now. cent writs filed. As these come in, they see all the lawyer billboards. But it’s are divided among the seven members interesting that when somebody’s fam- Journal: I appreciate you spending of the court. Normally, it will be around ily member gets in a jam, the first thing the time with us and thank you. 50 cases. Each justice may be respon- they do is call the lawyer. Genovese: You’re welcome. Please sible for seven or so cases and their staff To give some advice, we have over take this ole mule and make me look produces reports for those cases. Each 23,000 lawyers in Louisiana and there’s like a thoroughbred. justice reviews the other reports from always a place for good lawyers. From Journal: There are limits. the other justices’ offices as well. Then personal experience, I will tell you this: Winfield E. Little, Jr. is there are conference days for the one- If you are organized and prepared, you list, three-list, four-list, rehearing list a sole practitioner in can be a good lawyer, you can be a Lake Charles. He is a and discussion list. You have a list for good judge, and you can do a good job. member of the Louisiana everything. Organization and preparation can make Bar Journal’s Editorial Board and served on And, of course, you just read and up for lack of skill, or even lack of in- read and read and then, when finish the Louisiana State Bar telligence. Organize your case, have Association’s Board of reading, you start reading again. I’ve your exhibits ready and interview your Governors and in the never worked this hard in my life. But witnesses. Don’t look like you’re not House of Delegates. He received a BS degree this job is so very important because, prepared. The practice of law is an ad- again, somebody’s life, liberty and in physics in 1967 from versarial proceeding and you are out to Louisiana Tech and a JD degree in 1974 from property is at stake, not to mention the win. Being organized and prepared pays Louisiana State University Law School. (wlittle@ fact that you are the highest court in the major dividends. littlelawfirm.com; 616 Broad St., Lake Charles, land for state matters. What we say, how LA 70602-3759)

Louisiana Bar Journal April / May 2020 410 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 410 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 411 Vol. 67, No. 6 www.lsba.org Civil Justice is Having a Moment: Join the Action By Amanda L. Brown

cross the globe, legal com- found that 71% of low-income house- the problems the study highlighted. But munities are wondering holds in America experienced at least this report was especially sobering for if the civil justice system one civil legal problem the year prior to the rest of the legal profession. is meeting the critical de- the survey. Of those, 86% received in- Today, large law firms are prioritiz- mandsA of those who need it. The answer adequate or no legal help. Importantly, ing pro bono services, with in-house is a resounding “no.” In America, this as much as 20% of households never legal departments following suit. Courts renewed scrutiny is in large part thanks sought legal help for an issue, in part are piloting innovative service-delivery to a 2017 report published by the Legal because they were unaware the issue projects, creating more educated and Services Corporation (LSC) that put a was legal in nature. No matter how these engaged litigants. Technologists and de- microscope on the efficacy of the legal results are viewed, it is clear there is an signers are bringing creative problem- profession and asked an important ques- access-to-justice crisis in this country. solving to important issues like hous- tion — what is the “justice gap?” Or, in ing and homelessness, consumer debt, plain terms, what is the gap in service A Renewed Energy bankruptcy and divorce. This action between individuals who qualify for is evidence that the Justice Gap Study civil legal aid and those who don’t qual- The Justice Gap Study was a semi- brought a renewed energy ensuring the ify but still cannot afford an attorney? nal moment for civil justice in America. justice system is accessible to all, not The results were staggering. Those tasked with serving the under- just some. The nationwide Justice Gap Study privileged were already keenly aware of Much like the rest of the country, the

Louisiana Bar Journal April / May 2020 412 Vol. 67, No. 6 www.lsba.org Louisiana civil justice community is looking for creative ways to bridge the justice gap. Part of that effort is taking a data-driven approach to identifying the needs of communities, evaluating the ef- fectiveness in meeting those needs, and determining the financial value of the impact. Through two recently released studies, the case is being built for more civil legal aid support. The updated Social Return on Investment Study highlights the incred- ible financial impact civil legal aid has on the state’s economy. Meanwhile, the first-ever, formal Unmet Needs analysis conducted in Louisiana aims to docu- ment the frequency at which common civil issues are experienced by the com- munity and, most importantly, how of- ten those needs go unmet.

Economic Impact and Social Return on Investment Study

In late 2018, the Louisiana Bar accurate measurement basis for those — i.e., the number of dollars directed Foundation tasked experts with evalu- outputs is the fair market value of the to the actual provision of legal services ating more than 40 civil legal service services being delivered, plus the value — provides the social impact return on providers to quantify the value civil le- of benefit immediately received. More investment. gal aid brings to the state from a purely plainly, what would it cost the com- Consider the financial impact of an economic standpoint. The Social Return munity to acquire the same services if eviction case. In a typical eviction case, on Investment (SROI) calculation — the service providers did not exist? And the Immediate Direct Value includes the though a bit abstract in concept — is a what immediate, tangible value did the value of the attorney’s services and the widely-accepted standard for measuring client receive? The sum of these parts avoidance of fines and moving costs. the social impact of an investment. represents the “Immediate Net Direct The Long-Term Consequential Values Measuring the impact of social ser- Value of Services.” might include money a community cen- vices is challenging. ROIs are typically The second phase takes on the mea- ter saved in housing and support costs measured in dollars and cents. But many surement of the long-term value of the for that family that avoided homeless- social services’ benefits extend beyond services, or the “outcomes” communi- ness. monetary benefits and legal services are ties are likely to experience in the long It is clear that legal services have a no exception. run. This number is found by reviewing ripple effect into the community, saving Of course, in virtually every case, a such things as savings in community dollars not just for individuals but also client derives some monetary value from support costs, reductions in commu- for programs that are otherwise tapped a civil legal aid service. Most common- nity medical-care expenses, additional into in times of crisis. Evaluating both ly, clients avoid the costs of a private at- community tax revenues from benefit the immediate and long-term conse- torney. They may also see financial gain programs, savings in housing and sup- quential financial benefit of legal- ser via court settlements, awards or other port costs for homeless families, and vices rendered shows how substantially personal costs saved. But in many cases, savings in community law enforcement, those services support the economy. the true impact of that service may take court systems and other government years to fully realize. agency costs. In the SROI equation, Louisiana’s SROI This is where traditional and social this value is coined the “Long-Term Net ROIs begin to diverge. Consequential Value.” Much like the Justice Gap Study, the The first phase of this process re- Adding these figures and compar- results of the 2018 SROI study were quires measuring the value of the “out- ing them to the total tax-based funding staggering. For every $1 invested in civ- puts” organizations deliver. The most for Louisiana civil legal aid operations il legal aid, the economy sees a 913%

Louisiana Bar Journal April / May 2020 412 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 413 Vol. 67, No. 6 www.lsba.org return on investment. were the most underserved? and Consumer and Financial (56%) civil According to data from more than In addition to web-based surveys, the legal issues. 40 participating legal service programs, researchers leveraged existing data from those programs fielded 22,727 legal is- direct legal aid providers that was col- Survey: What Type of Legal Help? sues from the public in 2018. Their lected to advance the previously men- To determine which legal issues went work gave Louisiana an immediate net tioned LSC Justice Gap Study. most underserved, the researchers asked direct value of $34,697,000, and more participants to identify what action they than $60 million in long-term conse- Survey: Number of Participants took when faced with their legal prob- quential value, yielding a total net value Facing Civil Legal Problems lem. This creatively crafted question of $95,124,000. With just $10.4 million To lay the foundation for this study, gives insight into how people who do invested in civil legal services that year, researchers had to know how many sur- address their legal issues accomplish there was a 913% return on investment. vey participants have faced a civil legal their goals. It also gives a better under- Even if only the direct value of civil problem. Of all respondents, 54% said standing of the reasons why people have legal services was measured, the civil they or a member of their family had a unmet needs or otherwise unresolved legal aid funders get excellent returns on civil legal need in the past, with more legal issues. their investments. This research proves than half of those having had a civil le- This aspect of the study revealed that what the justice community has known gal problem within the prior two years. while fewer numbers of people experi- all along — the effects of civil legal aid The remaining 46% of respondents enced civil legal issues like healthcare, are far reaching and are critical compo- identified as never having a civil legal juvenile, education, immigration and nents of the health of the economy. need. In reality, however, as recognized housing, those legal problems had the by the Justice Gap Study, the number highest unmet need. In fact, more than 2018 Unmet Needs Study of individuals that have previously ex- 60% of each of those types of legal is- perienced a civil legal issue is generally sues went unmet. On the heels of the LSC Justice moderately higher than reported due to But even those legal issues that saw Gap Study, the Louisiana State Bar some individuals’ failure to identify a the greatest percentage of met needs Association’s (LSBA) Access to Justice problem they have as legal. fell short of the state’s lofty goal of Committee felt it important to better un- Nonetheless, the 54% of survey par- 100% meaningful access to justice. For derstand the specific needs of the state’s ticipants that identified a previous civil example, people with Consumer and communities. This first-ever, formal legal issue then became the focus of the Financial Legal Needs had the highest attempt to document unmet civil legal remainder of the study. percentage of their needs met relative to needs in Louisiana provided the unique other frequently experienced civil legal opportunity to evaluate and consider the Survey: What Type of Legal Needs? issues. Even so, only 59% of that popu- pervasiveness of different civil legal is- The next stop on the researchers’ lation received some sort of assistance sues in the state and how people navi- journey was determining the differ- or otherwise had their needs met. The gate them. ent types of legal issues respondents data shows that this is largely because Using web-based surveys, research- had faced. The researchers broke down many people cannot afford a lawyer and ers retained by the LSBA surveyed hun- higher-level topics, like “family law” don’t qualify for legal aid (falling within dreds of individuals and families across and “employment law,” into need-based the justice gap), do not know where to the state. To ensure the results were scenarios that could be more easily go for help, or simply decide to do noth- truly representative of those who would identified by someone with a particular ing about the issue. likely qualify for some type of free civil need. In all, more than 65 descriptions legal aid, survey participants were gen- of specific legal scenarios made up 11 Join the Action and erally required to fall at or below 200% high-level legal issues. Get Involved of the federal poverty level. Topping the list of types of legal is- Researchers then determined unmet sues was Family Law, with 67% of par- These studies have proven to be im- needs by uncovering three main data- ticipants indicating that they or a close mensely valuable in making the case for points, with each latter point building family member had dealt with some civil legal aid. on the prior points: type of family law issue in the prior two At the state level, the SROI and ► What percentage of people within years. With Louisiana being a disaster- Unmet Needs studies put a face to the the target population experienced a civil prone state, it’s no surprise that Disaster “Justice Gap” and were crucial in per- legal issue? Relief-related issues came in second, suading the Louisiana Legislature to ► Of those who had experienced a having been experienced by 66% of reinstate a $500,000 appropriation for legal issue, what types of issues did they survey takers, especially in light of the civil legal services for 2019. Prior to face? widespread flooding that occurred in this appropriation, civil legal services ► Of the types of issues faced, which 2016. Rounding out the top four issues in Louisiana had gone almost 10 years in Louisiana were Employment (62%)

Louisiana Bar Journal April / May 2020 414 Vol. 67, No. 6 www.lsba.org without funding, making Louisiana only nity is tackling and to find opportunities vulnerable and the services the legal one of four states in the country with no to help research new methods and pro- community is providing. Work is con- legislative support or dedicated state- pose solutions. tinuing to build a sustainable justice sys- wide filing fee. Participate in local Pro Bono Projects tem that ensures access to all who need At the organizational level, these or register for the LSBA’s Modest Means it. Everyone’s help is needed to capital- studies are allowing different players Directory. The Modest Means Directory ize on civil justice’s moment. within the civil justice ecosystem to or- allows attorneys to provide full scale or ganize their efforts for greater impact. limited scope representation to those in Attorney Amanda L. More data about the volume and sever- need at a reduced cost. Brown is a legal in- novation and technol- ity of cases with unmet needs means The LSBA’s new program, ogy consultant working organizations are better equipped to pri- LaFreeLegalAnswers.com, is an online with the Louisiana Bar oritize their efforts and focus collabora- forum allowing qualifying individuals Foundation’s Louisiana tively on the highest needs. The Unmet to pose questions to attorneys who pro- Civil Legal Navigator Project. She spent one Needs study gives a clearer picture vide anonymous legal information and year in residence at about the pathways people are taking to advice. If influencing change through Microsoft headquar- resolve their issues and provides the op- policy is a goal, become a member of ters as the inaugural portunity to intercept individuals before Louisiana Appleseed or the Louisiana Microsoft NextGen Fellow for the ABA Center for Innovation. During their needs go unmet. Bar Foundation and join their annual her fellowship, she worked closely with legal com- At the individual level, legal pro- Fellows’ class projects. munity stakeholders and in-house technologists to fessionals are encouraged to join the design and develop the LSC Portal Project pilot, action. Louisiana’s robust civil justice from which the Civil Legal Aid Navigator project Conclusion is derived. Prior to her fellowship, she served ecosystem offers an entire spectrum of as a Louisiana Bar Foundation Flood Recovery opportunities for involvement. Consider No matter what is chosen, everyone’s Fellow with Southeast Louisiana Legal Services. joining the LSBA’s Access to Justice contributions make a difference. As the She is a 2016 graduate of Loyola University New Committee to gain insights into the cur- Orleans College of Law. Email her at amanda@ studies indicate, there is a critical mis- lagniapplelawlab.org. rent challenges the civil justice commu- match between the needs of the most

LSBA Member Services – Business Services

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For more information on LSBA Member discount business services, visit www.lsba.org/goto/businessservices

Louisiana Bar Journal April / May 2020 414 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 415 Vol. 67, No. 6 www.lsba.org LSBA 70-, 60-, 50-Year Members Recognized at 2020 Midyear Meeting

ouisiana State Bar Association (LSBA) members who have reached half a century and be- yond in their professional ca- Lreers were honored during the LSBA’s Midyear Meeting in January in Baton Rouge. During the Jan. 17 reception, the honorees received medals presented by LSBA President Robert A. Kutcher. Among the 60-year honorees attending the ceremony were, from left, Leslie J. Schiff, Hon. W. Eugene Davis, Ernest L. O’Bannon, Joseph E. Friend, Ross Scaccia, Hon. William F. Kline, Jr. and Gus C. The honorees also posed for photos with Marcotte. Photo by Matthew Hinton Photography. Kutcher before the event. The following Bar members were L. Howard McCurdy, Jr...... New Orleans E. Ray Broadbent II...... Heber Springs, AR recognized. Robert Louis Menard...... Metairie John E. Brockhoeft...... New Orleans Max Nathan, Jr...... New Orleans Daniel E. Broussard, Jr...... Alexandria Ernest Lynwood O’Bannon...... New Orleans Donald L. Broussard...... Jacksonville, FL 70-Year Honorees John D. O’Connell...... Metairie Michael J. Butts...... New Braunfels, TX Admitted in 1950 William J. Oberhelman, Jr...... New Orleans Clay J. Calhoun, Jr...... Kemah, TX Louis A. DiRosa...... Metairie Billy R. Pesnell...... Shreveport J. Louis Campbell III...... Altoona, PA Herschel M. Downs...... Shreveport Allen B. Pierson, Jr...... Ponchatoula Richard M. Campbell...... Monroe Walter R. Fitzpatrick, Jr...... Trophy Club, TX Richard H. Pipes...... Monroe David E. Caruso, Jr...... Newport Beach, CA Milton Joseph C. Hero...... New Orleans John Dale Powers...... Baton Rouge M. Hampton Carver...... New Orleans Richard K. Ingolia...... Metairie Hon. Charley Quienalty...... Lake Charles Randall J. Cashio...... Baton Rouge J. Mart Mitchell...... Houston, TX James H. Roan, Jr...... Metairie S. Michael Cashio, Jr...... Kenner Joseph W. Nelkin...... Baltimore, MD Sidney F. Rothschild...... Portland, OR W. Donald Cashio...... Metairie James P. Norris, Jr...... Monroe Ross Scaccia...... Baton Rouge Erwin A. Caswell, Jr...... Metairie Russell M. Porter...... Paris, France Thomas E. Schafer III...... New Orleans Burton E. Cestia, Jr...... New Iberia George W. Pugh...... Baton Rouge Leslie J. Schiff...... Opelousas Peter D. Coleman...... New Orleans Wilmer J. Thomas, Jr...... Salisbury, CT Hon. A. Gaynor Soileau...... Ville Platte Hon. John E. Conery...... New Iberia Lawson L. Swearingen, Jr...... Hammond David E. Cooley, Jr...... Hot Springs Village, AR 60-Year Honorees Hon. Charles A. Traylor II...... West Monroe Gerald R. Cooper...... Metairie Admitted in 1960 Terry O. Trowbridge...... Tegernsee, Germany Hon. Jean Saralee Cooper...... Tucson, AZ James H. Allen...... Memphis, TN Ralph T. Troy...... Wilmington, NC Dewey W. Corley...... Shreveport James S. Arceneaux...... Metairie Jack M. Webb...... Chalmette John P. Cosentino...... Las Cruces, NM Roy L. Beard...... Shreveport Donald S. Zuber...... Baton Rouge Patrick J. Costa...... Metairie Andrew J. Bennett, Jr...... Baton Rouge Elliott G. Courtright...... New Orleans Joel L. Borrello...... Metairie 50-Year Honorees Luke J. Coussan...... Lafayette Philip Schoen Brooks...... New Orleans Jack R. Crais...... Luling David L. Campbell...... Folsom Admitted in 1970 Salvador M. Cusimano...... Kenner William T. Abbott, Jr...... New Orleans Ronald Alphonse Chevis...... Metairie Michael E. D’Antonio...... Metairie Tommy Jess Adkins...... Ruston Payton R. Covington...... Lake Charles William R. D’Armond...... Baton Rouge Frederick B. Alexius...... Alexandria Hon. W. Peyton Cunningham, Jr...... Natchitoches Winston R. Day...... Baton Rouge William C. Alford II...... Slidell Justin J. David...... Shreveport Malcolm E. DeCelle, Jr...... Monroe Jack M. Alltmont...... New Orleans Hon. W. Eugene Davis...... New Orleans A. Patrick Dehon, Jr...... New Orleans Don A. Almerico...... Destrehan Kenneth J. deBlanc...... Lake Charles T. George Delsa...... Metairie Georges F. Andry...... Abita Springs Veil David DeVillier...... Baton Rouge Edward B. Denechaud...... Pass Christian, MS Forrest E. Arnold III...... Gulf Breeze, FL Theodore G. Dimitry...... Houston, TX W. Frederick Denkman...... Roswell, GA Henry T. Arrington...... Metairie Jared Y. Evans...... Shreveport Anthony M. DiLeo...... New Orleans Paul G. Aucoin...... Vacherie John R. Frenkel...... Plantation, FL Richard K. Dimitry...... New Orleans William F. Bailey...... Lafayette Joseph E. Friend...... New Orleans Dan L. Donald, Jr...... Jennings Patrick H. Baker...... Houston, TX John B. Gooch, Jr...... Pass Christian, MS Hon. Ned E. Doucet, Jr...... Fort Walton Beach, FL Roger T. Baker...... New Orleans Carl A. Guidry...... Baton Rouge Alexander L. Doyle...... Houma David Band, Jr...... New Orleans James W. Hailey, Jr...... New Orleans Edward R. Drury...... Metairie Hon. Carl J. Barbier...... New Orleans James C. Hanchey...... Lake Charles Charles F. Duchein III...... St. Francisville Walton J. Barnes II...... Greenwell Springs David J. Harris...... Atlanta, GA William G. Duck...... San Francisco, CA Gary J. Beauchamp...... Magazine, AR William T. Iglesias...... Jacksonville, FL Wayne C. Ducote...... New Orleans George L. Bilbe...... New Orleans Robert F. Kennon, Jr...... Baton Rouge Frank C. Dudenhefer, Jr...... New Orleans John F. Blackwell...... New Iberia Hon. William F. Kline, Jr...... Clinton Stephen L. Dunne...... Destin, FL Thomas J. Blasi...... Baton Rouge Hon. Frans J. Labranche, Jr...... Mandeville Michael A. Duplantier...... New Orleans Charles A. Boggs...... Metairie Robert F. LeBlanc...... Tulsa, OK Allan L. Durand...... St. Martinville Hon. Leo Boothe...... Ferriday Adolph J. Levy...... New Orleans Douglas K. Durnin...... Baton Rouge John C. Boyce...... Baton Rouge Henri Loridans...... Laredo, TX George P. Eastman III...... New Orleans Stanley E. Branton...... Tylertown, MS John M. Mamoulides...... Metairie Bart Eaton...... Baton Rouge Frank C. Breese III...... Ridgeland, MS Gus C. Marcotte...... Shreveport William H. Egan...... Arabi Continued next page

Louisiana Bar Journal April / May 2020 416 Vol. 67, No. 6 www.lsba.org Among the 50-year honorees attending the ceremony were, seated from left, Cyril H. Reisgen, Jr., Fanned Seidel, Jr., Mary Terrell Joseph, D. Douglas Howard, Jr., Gerald R. Cooper, Janice Martin Foster, Nicholas Gachassin, Jr., Thomas J. Wagner, William David Kiesel, Hon. Steven M. Joffrion, Louis L. Sherman, Jr., Charles H. Heck, Kenneth O. Privat and Edwin R. Woodman, Jr. Standing from left, Etta Kay Hearn, Richard T. Simmons, Jr., Walton J. Barnes II, H. Alston Johnson III, Hon. John E. Conery, H. Edward Weidlich, Jr., William H. Reinhardt, Jr., John F. McWilliams, Jr., John F. McKay, Hon. Robert H. Morrison III, Hon. Jimmie C. Peters, Anthony G. Falterman, Robert B. Nolan, Herschel E. Richard, Jr., W. Donald Cashio, Dan A. Smetherman, A. Patrick Dehon, Jr., Thomas J. Blasi, John E. Seago and Hon. J. Byron Hebert. Photo by Matthew Hinton Photography. Timothy C. Ellender...... Houma Charles R. Keller...... Lafayette Cynthia Picou...... Baton Rouge Wilfredo H. Escalante...... Metairie George G. Kiefer...... Sevierville, TN Larry C. Pieno...... Marrero Hon. Billy H. Ezell...... Lake Charles William David Kiesel...... Baton Rouge Mary O. Pierson...... Baton Rouge Anthony G. Falterman...... Napoleonville Hon. Catherine D. Kimball...... Ventress Kenneth O. Privat...... Crowley Charles O. Farrar, Jr...... Coral Cables, FL Alvin B. King...... Cypress, TX Ronald J. Radelat...... Metairie William H. Farris...... Atlanta, GA John W. King...... Denham Springs Ronald J. Rakosky...... New Orleans Richard C. Fitzpatrick...... Poplarville, MS Thomas Jefferson King...... Silver Spring, MD William A. Ransom III...... Mandeville J. William Fleming...... Shreveport Frank L. Koles III...... Baton Rouge John Wilson Reed...... New Orleans Janice Martin Foster...... New Orleans John H. Korns II...... Washington, DC William H. Reinhardt, Jr...... Metairie James B. Frederick, Jr...... Baton Rouge Harry E. Kuhner II...... Metairie Cyril H. Reisgen, Jr...... Metairie Nicholas Gachassin, Jr...... Lafayette Leslie L. LaCroix, Jr...... Monroe Christopher D. Rhodes...... Conroe, TX Henry C. Gahagan, Jr...... Natchitoches P. Raymond Lamonica...... Baton Rouge Hon. David M. Richard...... Thibodaux Houston C. Gascon III...... Covington James R. Leonard, Jr...... Lafayette Herschel E. Richard, Jr...... Shreveport Jon A. Gegenheimer...... Gretna Lawrence L. Lewis III...... Lafayette William E. Rittenberg...... New Orleans Ira S. George...... Baton Rouge Leslie D. Ligon...... Clinton Hon. Glynn D. Roberts...... Rayville Meyer H. Gertler...... New Orleans Hon. Edwin A. Lombard...... New Orleans John McEnery Robertson...... Mandeville Francis Thomas Gidman, Jr...... Mandeville Otis E. Lomenick, Jr...... Opelousas Gary J. Rouse...... New Orleans Nathan T. Gisclair, Jr...... New Orleans Thomas K. Loupe...... New Roads Hon. Louie J. Roussel III...... Metairie Anthony L. Glorioso...... Gretna Howard D. Loyd III...... Houston, TX Robert L. Royer...... Alexandria Alan H. Goodman...... New Orleans Raymond H. Madden III...... Ruston Cecil R. Sanner...... Lake Charles Christopher T. Grace, Jr...... Metairie William S. Marshall, Jr...... Covington John E. Seago...... Baton Rouge A. Gordon Grant, Jr...... New Orleans Gordon W. Matheny...... Hammond Fanned Seidel, Jr...... Lafayette J. Broocks Greer III...... Shreveport Reginald J. McIntyre...... Hammond Carl J. Selenberg...... Metairie Charles E. Grey, Jr...... Pass Christian, MS John F. McKay...... Baton Rouge Louis L. Sherman, Jr...... DeRidder Eugene R. Groves...... Baton Rouge Bruce B. McKeithen...... Baton Rouge Richard T. Simmons, Jr...... Metairie Jocelyn D. Guarisco...... Metairie Robert P. McLeod, Jr...... Chapel Hill, NC Dan A. Smetherman...... New Orleans Robert N. Habans, Jr...... Baton Rouge John F. McWilliams, Jr...... Shreveport Alva C. Smith, Jr...... Fort Davis, TX Terence E. Hall...... Metairie Robert L. Menuet...... Napoleonville James D. Southerland...... Benton Ben R. Hanchey...... Monroe Louis J. Meyer, Jr...... Houston, TX Edgar E. Spielman, Jr...... Baton Rouge Jack W. Harang...... Kenner Peter Scott Michell...... Metairie James B. St. John, Jr...... Springfield, VA Edward N. Harmon...... Port Allen Stanley A. Millan...... New Orleans Parnell A. Stockstill...... Houston, TX Stephen C. Hartel, Jr...... New Orleans Debra A. Millenson...... Bethesda, MD Eugene J. Sues...... Alexandria Joseph V. Hawkins...... Gaithersburg, MD Stacey A. Moak...... Baton Rouge Joseph M. Sullivan, Jr...... Dallas, TX Etta Kay Hearn...... Baton Rouge Walter G. Monsour, Jr...... Baton Rouge Gary E. Theall...... Abbeville Carl J. Hebert...... Abita Springs Randolph A. Monsur...... Alexandria Harold E. Theard, Jr...... New Orleans Irby Hebert, Jr...... Abbeville James J. Morrison, Jr...... New Orleans Jack A. Tittle, Jr...... Metairie Hon. J. Byron Hebert...... Abbeville Hon. Robert H. Morrison III...... Amite Richard M. Tompson...... Metairie Paul M. Hebert, Jr...... Baton Rouge Edward D. Myrick...... Lake Charles Hendrik Uiterwyk...... Tampa, FL Charles H. Heck...... Monroe Gwendolyn B. Nachman...... Jefferson, GA William S. Vincent, Jr...... New Orleans John J. Hemrick...... Monroe Leonard R. Nachman II...... Baton Rouge Thomas J. Wagner...... New Orleans Terry F. Hessick...... Baton Rouge James H. Napper II...... Baton Rouge Jess J. Waguespack...... Napoleonville Earl J. Higgins...... River Ridge Michael H. Nelson...... Baton Rouge Charles B. Walker...... San Diego, CA Robert P. Hogan...... Madisonville Stewart E. Niles, Jr...... New Orleans H. Edward Weidlich, Jr...... Bay St. Louis, MS John H. Horne...... Atlanta, GA Robert B. Nolan...... New Orleans Alan J. Wells...... Metairie D. Douglas Howard, Jr...... New Orleans John B. Noland...... Baton Rouge Hampden R. White...... Baton Rouge Patrick A. Hymel...... Folsom Hon. Mary K. Norman...... Destin, FL Loretta G. Whyte...... Metairie B. Gerald Iverson...... Baton Rouge F. Hodge O’Neal III...... Monroe Hon. Charles A. Wiegand III...... New Orleans Darleen Marie Jacobs...... New Orleans H. Sanders O’Neal...... Houma Charles W. Wilson III...... Jackson Hon. Steven M. Joffrion...... Prairieville Saundra P. Overton...... Clinton Michael E. Winters...... New Orleans Don H. Johnson...... New Orleans Sharon A. Perlis...... New Orleans Frank P. Wittmann III...... Gulfport, MS H. Alston Johnson III...... Baton Rouge Hon. Jimmie C. Peters...... Jena Edwin R. Woodman, Jr...... Baton Rouge Mary Terrell Joseph...... Baton Rouge Ashton Phelps, Jr...... New Orleans Harry M. Zimmerman, Jr...... Covington Maurice P. Kabacoff...... New Orleans Esmond Phelps II...... New Orleans C. Daniel Karnes...... Slidell Nathaniel P. Phillips, Jr...... New Orleans

Louisiana Bar Journal April / May 2020 416 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 417 Vol. 67, No. 6 www.lsba.org Judge Ricks Receives Judges in the Classroom Award

Judge Brenda Bedsole Ricks with National Judicial College and is a gradu- the 21st Judicial District Court received ate of the first Louisiana Supreme Court the Louisiana Center for Law and Civic Judicial Leadership Institute. Education’s (LCLCE) Judge Benjamin Prior to taking the bench, she was a Jones Judges in the Classroom Award, rec- legislative staff attorney for the Louisiana ognized for her dedication and support of Senate; an assistant district attorney for the law-related education. The award was pre- 21st JDC; a contract attorney for Louisiana sented by LCLCE President Judge Randall Department of Children and Family L. Bethancourt during the Louisiana Services; and city attorney for the Town of State Bar Association’s (LSBA) Midyear Roseland. Meeting in January. Judge Ricks was inducted into the Judge Ricks was elected judge of Judge Brenda Bedsole Ricks, right, with Southern University Law Center Hall of the 21st Judicial District Court received Division E, 21st JDC (Livingston, St. the Louisiana Center for Law and Civic Fame in 2013 and honored on the Law Helena and Tangipahoa parishes) in Education’s (LCLCE) Judge Benjamin Jones Center’s Judicial Wall of Fame in 2014. She 1996. She was the first woman elected Judges in the Classroom Award. The award is a Sustaining Fellow with the Louisiana judge in the district since the 1950s. She was presented by LCLCE President Judge Bar Foundation. She is a member of the Randall L. Bethancourt during the Louisiana received her undergraduate degree from State Bar Association’s Midyear Meeting. 21st JDC Bar Association, the American Southeastern Louisiana University. She Photo by Matthew Hinton Photography. Bar Association, the Florida Parishes Inn studied at Georgetown University in of Court, the American Judicature Society Washington, D.C., and is a graduate of The law degree from Southern University Law and the National Association of Women Fund for American Studies. She earned her Center. She is a three-time graduate of the Judges.

2020 LSBA Midyear Meeting in Baton Rouge

The Women’s Personal and Professional Development Workshop, “Becoming Your Best Self: Take Command, Be Empowered and Own Your Future,” at the LSBA’s Midyear Meeting was presented by, from left, Linda P. Clark, Kean Miller LLP; Erin W. Latuso, Forman Watkins and Krutz LLP; Deidre D. Robert, moderator, executive counsel for the Louisiana Department of Transportation and Development; and Jade Brown Russell, principal, The JBR Firm.

The Louisiana State Bar Association The CLE, “What Non-Immigration (LSBA) Diversity Committee’s Practitioners Need to Know about Pipeline to Diversity & Outreach Lauren Beth LeBato, left, a teacher at Alfred M. Barbe High Immigration Laws,” was presented at Subcommittee and Outreach School in Lake Charles, was presented the 2020 President’s the LSBA Midyear Meeting by, from Committee hosted a free CLE semi- Award of Excellence for Outstanding Civics Teacher by left, Leah Spivey, Gasparian Spivey nar on Jan. 16. The session, “LSBA: Louisiana State Bar Association (LSBA) President Robert A. Immigration; and Baton Rouge attorney Who We Are and How We Serve Kutcher during the LSBA’s Midyear Meeting. The award is Paul H. (Woody) Scott. Our Members,” was presented jointly presented by the LSBA and the Louisiana Center for by Michael B. Victorian, Phelps Law and Civic Education. Photo by Matthew Hinton Photography. Dunbar, LLP, president of the Baton Rouge Chapter of the Louis A. Martinet Legal Society, Inc.

Louisiana Bar Journal April / May 2020 418 Vol. 67, No. 6 www.lsba.org Association ACTIONS ATJ... SPECIALIZATION... HOD

LSBA President Introduces 2020 Access to Justice Distinguished Pro Bono Fellows ouisiana State Bar Association fice of SLLS until (LSBA) President Robert A. it was destroyed by Kutcher introduced the 2020 Hurricane Katrina Class of Access to Justice and damaged from LDistinguished Pro Bono Fellows at the the Murphy Oil spill. Feb. 7 meeting of the Access to Justice He will partner with Commission at the Louisiana Supreme SLLS and libraries Court. to establish monthly The 2020 Class includes Child in legal clinics in St. Need of Care (CINC) attorney Randall Randall K. Foreman Jay Welch Prof. María Pabón Bernard Parish. K. Foreman; former Southeast Louisiana torney, retired or not, willing to dedicate at Pabón is experi- Legal Services (SLLS) managing attorney least 20 hours per month to working with a enced in immigrants’ rights and was rec- Jay Welch; and Professor María Pabón, host legal aid organization. The 2020 Class ognized as a New Orleans City Business 2011-15 dean of Loyola University New is the fourth group of Fellows to participate Woman of the Year in 2013. She will be Orleans College of Law. in the program. working with Catholic Charities on immi- Three years ago, the Access to Justice Foreman, an experienced CINC attor- gration issues. Commission began the Distinguished Pro ney, will join the Pro Bono Project to assist For more information about the Bono Fellows Program to utilize the tal- in ongoing and new case matters and will Distinguished Pro Bono Fellows Program ents of retiring judges and lawyers who attend related meetings and courses. and how to participate, contact LSBA want to remain active in a pro bono capac- Welch assisted more than 19,000 New Access to Justice Director Monte T. ity. Since its establishment, the program Orleanians over the course of his legal-aid Mollere at (504)619-0146 or email has expanded to include any judge or at- career. He managed the St. Bernard of- [email protected]. Two Attorneys Join LIFT Legal Incubator Program wo attorneys have joined sions. She has a particular interest in and the LSBA’s LIFT Program have the Louisiana State Bar food-related businesses and the envi- partnered to offer these new attorneys Association’s (LSBA) Legal ronmental impacts on food and justice. the opportunity to develop and grow Innovators for Tomorrow Sampson is a graduate of Southern their solo practices to address the con- T(LIFT) Legal Incubator Program. Solo University Law Center and opened her tinued demand for heirship and property practitioners Shawn D. (Pepper) Roussel law firm, LaKendra D. Sampson, L.L.C. title work for disaster survivors. and LaKendra D. Turner Sampson will She understands the impact that the lack The partners work with the attorneys work with the Flood Proof Project in of clear title can have on a family and through the 18-month program period. Baton Rouge. They will help increase seeks to help people with homes passed During the project, attorneys receive access to legal services for people af- down through generations obtain clear a $10,000 stipend, free access to case fected by the 2016 catastrophic flooding title and keep inherited property family- management software and legal re- in Baton Rouge. owned for future generations. search programs, training, mentorship Roussel is a graduate of Loyola Southeast Louisiana Legal Services, and court shadowing opportunities. University College of Law and has a Louisiana State University Paul To learn more about the LIFT pro- solo law practice focused on business M. Hebert Law Center, Southern gram, go to: www.lsba.org/lift. transactions, intellectual property, en- University Law Center, the American vironmental law issues and succes- Bar Association’s Center for Innovation

Louisiana Bar Journal April / May 2020 424 Vol. 67, No. 6 www.lsba.org Louisiana Board of Legal Specialization Amends Specialization Standards for 2020 he Louisiana Board of Legal Legal Education (MCLE), now admin- the change to the MCLE rule. Download Specialization (LBLS) an- istered by the LSBA, pursuant to 2018 the amended Family Law Standards at: nounced that the Appellate revisions to the Rules of the Louisiana www.lsba.org/Specialization/FamilyLaw. Practice Standards, the Supreme Court. The amended LBLS aspx?Area=Standards. TBankruptcy Law Standards, the Family Bankruptcy Law Standards apply to both Law Standards, the Estate Planning and business bankruptcy law and consumer Estate Planning and Administration Administration Standards, and the Tax bankruptcy law. Download the amend- Amendments to the LBLS Estate Law Standards have been amended for ed Bankruptcy Standards at: www.lsba. Planning and Administration Standards 2020. All amendments were approved org/Specialization/BusinessBankruptcy. regarding continuing legal education pro- by the Louisiana State Bar Association’s aspx?Area=Standards and www.lsba. grams and basic application requirements (LSBA) House of Delegates and Board of org/Specialization/ConsumerBankruptcy. were approved. Download the amend- Governors at Jan. 18 meetings. aspx?Area=Standards. ed Estate Planning and Administration Standards at: www.lsba.org/Specialization/ Appellate Practice Family Law EstatePlanning.aspx?Area=Standards. An amendment to the LBLS Appellate Several amendments to the LBLS Practice Standards to reduce the applica- Family Law Standards were approved. A Tax Law tion requirement for an appellate practice family law applicant is required to have a Amendments to the LBLS Tax Law specialist from six to five oral arguments minimum of five years of actual practice Standards regarding continuing legal over the course of his/her professional of law on a full-time basis before applying. education programs and basic application career was approved. Amended require- The applicant also must have worked 35% requirements were approved. Download ments for continuing legal education pro- of a full-time work schedule in family law the amended Tax Law Standards at: grams to qualify for specialization credit in 48 out of 60 months immediately pre- www.lsba.org/Specialization/TaxLaw. also were approved. Download the amend- ceding the year of application. The Family aspx?Area=Standards. ed Appellate Practice Standards at: www. Law Standards now require one confiden- lsba.org/Specialization/AppellatePractice. tial reference statement from a board-cer- New Website aspx?Area=Standards. tified family law specialist, instead of two, The LBLS has a new website: to apply to be a family law specialist. The www.lsba.org/specialization/. The new Bankruptcy Law annual family law CLE requirement has LBLS website address has been added to An amendment to the LBLS been reduced from 18 to 15 hours. As in the the Standards. Bankruptcy Law Standards was approved. other specializations, the language in the For more information or questions, This amendment requires that all con- Family Law Standards was changed from contact LBLS Specialization Director tinuing legal education programs that the “Louisiana Supreme Court Committee on Mary Ann Wegmann, (504)619-0128, American Board of Certification certifies Mandatory Continuing Legal Education” email [email protected]. for bankruptcy law specialists must first to “Mandatory Continuing Legal be approved by Mandatory Continuing Education Committee” in compliance with LSBA eBooks available for FREE download Visit www.lsba.org/NewsAndPublications/eBooks.aspx for a list of LSBA books available for free download. These valuable resources are full of practical tips, step-by-step tutorials and various necessary forms and valuable checklists. Currently, four books are featured: • Practice Aid Guide: The Essentials of Law Office Management • Hanging Out Your Shingle Louisiana Style • Disaster Planning: It's Not Just for Hurricanes - Are You Ready? • Practice Transition Handbook: Shutting Down a Law Practice in Louisiana

Louisiana Bar Journal April / May 2020 424 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 425 Vol. 67, No. 6 www.lsba.org Attorneys Qualify as Board-Certified Attorneys Qualify Specialists in 2019 as Board-Certified n accordance with the requirements Appellate Practice of the Louisiana Board of Legal Jeffrey E. Richardson...... New Orleans Specialists in 2020 Specialization (LBLS) and the Plan Leigh Ann Schell...... New Orleans of Legal Specialization, the follow- Desirée Marie Valenti...... New Orleans n accordance with the require- ments of the Louisiana Board of Iing individuals have satisfactorily met Estate Planning & Administration the established criteria and qualified as Legal Specialization (LBLS) and Craig Stephen Daste, Jr...... Metairie the Plan of Legal Specialization, LBLS board-certified specialists in the Lisa Vienne Johnson...... Natchitoches following areas for a five-year period Rose S. Sher...... New Orleans Ithe following individuals have satis- which began on Jan. 1, 2019, and will factorily met the established criteria end on Dec. 31, 2023. Tax Law and are qualified as LBLS board-cer- Jeannette S. Waring...... New Orleans tified specialists in the following areas for a five-year period which began on LBLS Accepting Certification Jan. 1, 2020, and will end on Dec. 31, 2024. Applications in Bankruptcy Law he Louisiana Board of Legal formance handling the usual matters in Appellate Practice Louis R. Koerner, Jr...... New Orleans Specialization (LBLS) is ac- the specialty field. Refer to the LBLS David M. Prados...... New Orleans cepting applications for certi- Rules and Regulations and standards for fication in business bankrupt- the applicable specialty for a detailed Estate Planning & Administration Tcy law and consumer bankruptcy law description of the requirements for ap- Ralph R. Alexis III...... New Orleans through Sept. 30, 2020. plication: www.lsba.org/specialization. Rachel South Boquet...... Houma In accordance with the Plan of Legal With regard to applications for busi- Shelley Babineaux Bouillion... Lake Charles Specialization, a Louisiana State Bar ness bankruptcy law and consumer Gregory S. LaCour...... Metairie Association member in good standing bankruptcy law certification, although Amanda Pendleton Sigur...... Metairie who has been engaged in the practice of the written test(s) is administered by the law on a full-time basis for a minimum American Board of Certification, attor- Health Law of five years may apply for certification. neys should apply for approval of the Robert Joseph Bozeman...... Monroe Further requirements are that, each year, LBLS simultaneously with the testing Carolyn Stewart Buckley...... New Orleans a minimum percentage of the attorney’s agency to avoid delay of board certifica- Clay J. Countryman...... Baton Rouge Kathleen Lewinski DeBruhl.....New Orleans practice must be devoted to the area tion by the LBLS. Information concern- Sean L. Finan...... Baton Rouge of certification sought, and the -attor ing the American Board of Certification Tara L. Foto...... Marrero ney must pass a written examination to will be provided with the application Gregory D. Frost...... Baton Rouge demonstrate sufficient knowledge, skills form(s). Emily Black Grey...... Baton Rouge and proficiency in the area for which Anyone interested in applying for Lesleigh Hobbs Hall...... Covington certification is sought and provide five certification should contact LBLS W. Scott Keaty...... Baton Rouge favorable references. Peer review is Specialization Director Mary Ann Peter Alden Kellogg...... Metairie used to determine that an applicant has Wegmann to request an application Vinson J. Knight...... Mandeville achieved recognition as having a level packet, email maryann.wegmann@lsba. Paul A. Lea, Jr...... Covington Daniela Kratka Loose...... New Orleans of competence indicating proficient per- org, or call (504)619-0128. Louis J. Lupin...... New Orleans Chris Martin...... Metairie House Resolution Deadline is May 13 Conrad Meyer...... Metairie Elizabeth France “Lisa” Pretus.New Orleans he deadline for submitting res- be mailed to LSBA Secretary Patrick Lamar Powell Pugh...... Shreveport olutions for the next Louisiana A. Talley, Jr., c/o Louisiana Bar Center, Robert W. Robison, Jr...... Baton Rouge State Bar Association’s 601 St. Charles Ave., New Orleans, Lyn Smith Savoie...... Baton Rouge (LSBA) House of Delegates LA 70130-3404. All resolutions pro- Jacob S. Simpson...... Baton Rouge Tmeeting is Wednesday, May 13. posed to be considered at the meeting Jennifer Jones Thomas...... Baton Rouge The House will meet on Thursday, must be received on or before May Danielle Trostorff...... New Orleans June 11, in conjunction with the LSBA’s 13. Resolutions must be signed by the Annual Meeting at Sandestin Golf and author. Also, copies of all resolutions Tax Law Beach Resort in Destin, Fla. should be emailed (in MS Word format) Marla Anne Miller...... Lake Charles Jacob Carter White...... Shreveport Resolutions by House members and to LSBA Executive Assistant Jen France committee and section chairs should at [email protected].

Louisiana Bar Journal April / May 2020 426 Vol. 67, No. 6 www.lsba.org SAVE THE DATES…

27TH ANNUAL LOUISIANA STATE BAR ASSOCIATION Sept. ADMIRALTY SYMPOSIUM 18th Last year’s speakers included: Hon. Jane Triche Milazzo • Hon. John W. deGravelles • Hon. Dee D. Drell • Hon. Daniel E. Knowles III (ret.) Hon. Jay Zainey • Hon. Richard T. Haik, Sr. (ret.) • Hon. Glenn Norton • Prof. Tom Galligan • Lindsey Cheek Dustin Carter • Blake David • Jeff Tillery • Darleen Jacobs • J. Neale deGravelles • Alan Breaud Jerome Moroux • Richard T. Haik, Jr. • J. Christopher Zainey, Jr. • Kenneth Engerrand • Wesley J. Gralapp Richard Stanley • Peggy Giglio • Leslie Schiff • Lynn Luker • Michael S. Koch • John Yadamec • J. Michael Veron Val Exnicios • Special Master Gary Russo • Charles Plattsmier • Blake Deady • Will Shapiro

20TH ANNUAL LOUISIANA STATE BAR ASSOCIATION Nov. COMPLEX LITIGATION SYMPOSIUM 6th Last year’s speakers included: Hon. Eldon Fallon • Hon. Carl Barbier • Hon. Glenn Norton • Hon. Ken Starr • Prof. Lynn Baker Prof. Kyle Dreyer • Prof. Tom Galligan • Prof. Maggie Thomas • Caitlyn McDonough • Jeffrey Bassett Dustin Carter • Lindsey Cheek • Dawn Chmielewski • Todd Campbell • Tony Clayton • Lori Cohen Blake Deady • Special Master Kenny DeJean • Brian Devine • Bob Drakulich • Nick Drakulich Val Exnicios • Jimmy Faircloth • Yvonne Flaherty • Jason Giles • John Hooper • Lynn Luker Hunter Lundy • Jennifer Moore • Melanie Muhlstock • James Murdica • Justin Presnal Special Master Gary Russo • John Sherk • Joe Thorpe • James Williams

JOIN US IN NEW ORLEANS. Our speakers include the nation’s leading academicians, jurists, and members of the Bar from both sides of the “V.” These are the folks that are presiding over, writing about, and litigating the most significant cases in the country.

Richard Arsenault Seminar Chair More information coming soon to www.lsba.org/CLE Louisiana Bar Journal April / May 2020 426 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 427 Vol. 67, No. 6 www.lsba.org PRACTICEManagement By Andrea Brewington Owen PRIVACY & VOICE-ACTIVATED DIGITAL ASSISTANTS

Alexa, set a timer the conversation several seconds before and delete that stored data. the awake word is spoken and this ► Don’t link your devices to sensitive for 20 minutes. recording is stored not in the device itself databases such as case management Hey Siri, text associate but in the device’s cloud servers. platforms. If you are reading this and getting ► Read through previously agreed- that client wants an an uneasy feeling, you are not alone. to device privacy agreement sections to update on her case. Rule 1.6 of the Louisiana Rules of see what and how the data they collect Professional Conduct prohibits an is being recorded, used and stored. Then Hey Google, read through attorney from disclosing confidential make informed decisions accordingly. • today’s calendar entries. client information and sets out a duty to Remain technologically competent. See “make reasonable efforts to prevent the the December 2019/January 2020 issue of inadvertent or unauthorized disclosure the Louisiana Bar Journal to learn more one are the days when of, or unauthorized access to, information about technological competence. There we had to retrieve the relating to the representation of a client.” are numerous technology blogs, such newspaper from our front Many of us have met with a client in as Law Technology Today, Lawyerist. porch to read the forecast our office or spoken to a client onthe com and Lawpracticetipsblog.com. • toG know what to wear to work. In a phone with a voice-activated digital Stay well-informed of tangential issues profession where everyone’s time is assistant in the same room. Some of these with voice-activated digital assistant stretched thin, the incredibly popular microphone-enabled services also live in devices such as whether the recordings voice-activated digital assistant devices our cell phones, our smart watches and are discoverable and whether law make life easier by completing daily even our thermostats! If a voice-activated enforcement can subpoena recordings of tasks without the push of a single button. digital assistant device is listening during clients in criminal investigations. As attorneys, artificial intelligence confidential conversations, as lawyers, ► Create an office policy describing can help us streamline our lives both we could potentially be violating the firm’s guidance on the use of digital inside and outside of practice. Devices attorney-client privilege or violating assistants. Re-evaluate periodically when like Apple’s Siri, Google’s Assistant, ethics Rule 1.6. new information comes to light about Microsoft’s Cortana and Amazon’s As attorneys, we need to be aware of technology and privacy. Alexa can provide an immense benefit who and what is listening to confidential ► Finally, consider letting your client in timekeeping, scheduling and making conversations and make sure that we know what technology you plan to utilize other office tasks more efficient. safeguard the privacy of our clients by in your retainer agreement. With convenience comes the apparent using a general common-sense approach privacy implications of sharing our to determining the best way to use our Andrea Brewington Owen spaces with a microphone-equipped digital assistants. is a loss prevention coun- computer. To assist us, these popular sel for the Louisiana State Some potential best practices include: devices are listening and waiting for Bar Association and is ► Muting or disabling your voice- employed by Gilsbar, someone to speak its designated awake activated digital assistants when having L.L.C., in Covington. She word such as “Hey Siri” or “Alexa.” attorney-client privileged conversations received a BA degree Many of us have experienced a targeted in 2002 from Auburn to ensure that privileged information advertisement on social media for a University and her JD de- remains that way. Avoid having gree in 2005 from Loyola product we were discussing with a friend conversations about clients in office University College of but never researched online. These common areas where there could be Law. She worked as companies use the data gathered to tailor an assistant district attorney in Alabama’s 28th devices that you can’t control. the devices to our needs but also to sell Judicial Circuit in Baldwin County, Ala. She also ► Deleting stored recordings if that worked as the director of legal programs for the advertising space. You agreed to the use is an available option on your device South Alabama Volunteer Lawyers Program. She of this gathered data for these devices platform. Both Amazon and Google has been a member of the Alabama State Bar when you clicked through countless Association since 2005 and was admitted to the give consumers the ability to review the privacy agreements. The device records Louisiana Bar in 2019. Email her at anowen@ recordings associated with their accounts gilsbar.com.

Louisiana Bar Journal April / May 2020 428 Vol. 67, No. 6 www.lsba.org LAWYERSAssistance PRIVACY & VOICE-ACTIVATED DIGITAL ASSISTANTS By J.E. (Buddy) Stockwell JLAP BY THE NUMBERS 2018-19

he Louisiana Judges and Lawyers seeking help for mental health issues in lawyer discipline. The Court had already Assistance Program’s (JLAP) unrelated to substance use. JLAP continues specified JLAP in Rules XVII and XXIII fiscal year 2018-19 ushered in to see more cases involving depression (bar admissions and the judiciary). As such, an unprecedented focus, both and anxiety issues. In fact, 29% of JLAP’s JLAP is now uniformly recognized as the Tnationally and locally, on lawyer wellness new cases last year involved mental health Court’s monitoring provider, effectively and well-being initiatives. The mission issues with no substance use component codifying 30 years of jurisprudence that is to promote work/life balance, good whatsoever and 72% of JLAP’s cases has consistently required JLAP compliance wellness practices and self-care for ALL had a combination of mental health and when there is an issue regarding impairment legal professionals to help reduce stress substance use issues. and fitness to practice. and improve the quality of life. By doing Within the realm of substance use The resolution and evolution achieved so at the outset, it can reduce the probability disorder cases, JLAP’s peer-support last year by JLAP emanates in large that legal professionals will develop professionals’ programming continues measure from specific recommendations serious issues with alcohol/substance use, to produce the highest success rates by independent national experts who depression or anxiety in the fullness of time. achievable in the field of addiction. With an completed a Performance Audit for In this vein, JLAP refined several CLE average of 125 formal monitoring cases at JLAP in 2015 (and an Addendum in presentations last year including “The any given time, JLAP’s annual no-relapse 2018). Recommendations were made Professional Duty of Self-Care,” “The success rate was 96% last year. Thus, in to JLAP on operating a top program and Path to Lawyer Well-Being” and “Well- the last four years, JLAP’s no-relapse rates recommendations were also made to Being in the Legal Profession.” have been, respectively, 94%, 97%, 94% stakeholders regarding critical support that These new wellness presentations have and 96%, rendering a dependable and JLAP must receive in order to maintain the nothing to do with addressing diagnosed remarkable 95.25% average no-relapse recommended programming. alcoholism, addiction or mental health success rate in alcoholism and addiction All said, JLAP has never been more issues. On the contrary, these presentations recovery under monitoring. effective. JLAP is making real differences in support literally all members of the JLAP confidentially saves lives and the personal and professional lives of literally profession by providing lawyer-specific careers, but it has always performed a very thousands of Bar members each year. JLAP information, tools and resources about important regulatory service as defined in is extremely grateful for the strong support managing stress and self-care. This the watershed case, Louisiana State Bar it receives from all stakeholders and corners information can help improve the personal Association v. Arthur F. Dumaine, 550 So.2d of the profession. In Louisiana, by working and professional happiness of every 1197 (La. 1989), wherein the Court ordered together, we are all succeeding in improving single Bar member without exception. the Louisiana State Bar Association’s the well-being of the profession, saving The entire profession is developing a new (LSBA) Committee on Alcohol and Drug lives and careers, and reliably protecting the appreciation for well-being and life balance Abuse to organize a state LAP and provide public when called upon to do so! strategies. JLAP personally delivered the Court with expert, independent, objective For more information, find JLAP’s educational CLEs to more than 2,500 Bar and reliable data regarding the diagnosis, Annual Reports online: https:// members last year and the feedback has treatment and recovery of respondents in louisianajlap.com/about-us/annualreports/. been overwhelmingly positive. cases where substance abuse is a causative If you or someone you know needs JLAP’s As for JLAP’s core clinical operations factor in unethical conduct. help, don’t wait! Call JLAP confidentially at and services to assist those experiencing JLAP is also specifically endorsed in (985)778-0571 or email JLAP confidentially an actual mental health or substance use La. R.S. 37:221 which declares it is the at [email protected]. issue, JLAP is very grateful to report that public policy of Louisiana to promote it continues to provide 100% confidential confidential interventions and peer-support J.E. (Buddy) Stockwell clinical assistance to lawyers and judges, specifically through JLAP and the LSBA’s is the executive director of the Louisiana Judges their family members, law firm and court Committee on Alcohol and Drug Abuse. and Lawyers Assistance staff, and law schools and law students. As of late, with supportive resolutions Program, Inc. (JLAP) Nowadays, legal professionals are more by both the LSBA and the Louisiana and can be reached at confident than ever to reach out to JLAP in Attorney Disciplinary Board (LADB), (866)354-9334 or email [email protected]. absolute privacy and before any disciplinary the Louisiana Supreme Court recently or bar admissions involvement. amended Rule XIX Section 24E3 to specify Also, there is an increase in people JLAP as the Court’s monitoring authority

Louisiana Bar Journal April / May 2020 428 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 429 Vol. 67, No. 6 www.lsba.org LAWYERSGive Back CITIZEN LAWYER AWARDS LSBA Presents Citizen Lawyer Awards for Community Service

our attorneys received Citizen Lawyer Awards at a ceremony during the Louisiana State Bar Association’s (LSBA) Midyear FMeeting in Baton Rouge in January. Recipients are New Orleans attorney Tyler J. Arbour, Thibodaux attorney Beau S. Brooks, and Lafayette attor- neys Valerie Gotch Garrett and Jason A. Matt. The Citizen Lawyer Awards, origi- nally named the Crystal Gavel Awards, were created in 2001 to recognize out- standing lawyers and judges who have been unsung heroes and heroines in their communities. Recipients are se- lected based upon service in their local communities and in local organizations.

Tyler J. Arbour is an attorney in the New Orleans office of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard. He earned his JD degree in 2011 from Loyola University College of Law and his L.L.M in taxation in 2014 from the University of Alabama. Arbour has been a volunteer of Project Lazarus since 2007 and a board Four attorneys received Citizen Lawyer Awards during the Louisiana State Bar Association’s member since 2015. Project Lazarus Midyear Meeting in January. Recipients are, from left, Beau S. Brooks, Tyler J. Arbour, Valerie provides housing and assistance to those Gotch Garrett and Jason A. Matt. Photo by Matthew Hinton Photography. living with HIV/AIDS in the Greater New Orleans area. He volunteered as LGBT community and anyone living 501(c)(3) status. a chair of the “Lazarus Ball,” a benefit with HIV. Arbour is the immediate past chair auction by Halloween’s in New Orleans, Since 2013, he has been involved of the LSBA’s Taxation Section and Inc. that raises funds to support the mis- with Emerging Philanthropists (EPNO) is a member of the New Orleans Bar sion of Project Lazarus. From 2012-16, of New Orleans, which educates young Association and the New Orleans Estate he was a member of the local leadership leaders to become lifelong philanthro- Planning Council. committee of Lambda Legal, which en- pists. He currently represents EPNO on gages in pro bono impact litigation to a pro bono basis and was instrumental in Continued next page protect and advance civil rights of the obtaining the organization’s tax-exempt

Louisiana Bar Journal April / May 2020 430 Vol. 67, No. 6 www.lsba.org Beau S. Brooks practices in the area practitioner in Lafayette. She earned Jason A. Matt is a partner with of family law and criminal law at Brooks her JD degree from Southern University the Law Offices of Matt & Allen in Law Office, A.P.L.C. He also is city at- Law Center. Lafayette. He earned his JD degree from torney for the City of Thibodaux. He is Garrett served as a volunteer at Loyola University College of Law. a graduate of Nicholls State University Lafayette’s Faith House educating Matt is the president of Downtown and earned his JD degree in 2004 from women on child support and domes- Lafayette Unlimited (DLU), a non- Southern University Law Center. tic violence issues. She volunteered as profit organization that works in con- Brooks is the co-founder and execu- an instructor at Northside High School junction with the Lafayette Downtown tive director of the nonprofit organiza- teaching classes to female students on Development Authority. DLU’s mission tion Upside Downs. He was inspired to reaching their full potential. She is an is to promote culture, business and eco- start the organization after his son was advocate for Mental Health, Drug Court nomic growth in downtown Lafayette. born and diagnosed with Down syn- and Re-Entry programs to reduce adult- In the 1980s, when the Acadiana region drome. Together with other parents, juvenile recidivism. She has received was faced with economic depression, Brooks and his wife started Upside awards for extensive pro bono work. DLU began a semi-annual free outdoor Downs in 2016 with the initial goal of She was recognized by the community music concert series, Downtown Alive. providing new parent baskets to local as a “Top Lawyer” and voted by her col- In his role as DLU president, Matt intro- parents who received the news that their leagues as “Super Lawyer” for 2019-20. duced a new free tradition, Downtown child has Down syndrome. The organi- She was appointed to the Lafayette Lafayette Christmas, with a month of zation now has new parent baskets in Airport Commission in 2007 and served Christmas performances, contests, dec- hospitals across Louisiana. as chair for 2017-19. As chair, she orations and caroling. He also is a mem- Brooks is an advocate for individu- was instrumental in restructuring the ber of Acadiana Center for the Arts. als with Down syndrome statewide. Commission’s Disadvantaged Business Matt is a director of the Lafayette Upside Downs hosts annual events free Enterprise Certification program, which Young Lawyers Section and chair of of charge for individuals with Down encourages minority-owned businesses the Golf Tournament Committee, which syndrome, the largest of which is the to participate in government projects, raises funds for the pro bono services of- Magical Dance Party. thereby creating economic develop- fered by the Lafayette Bar Association. As a result of his passion and dedica- ment. She also focused on building a As the golf tournament chair, he in- tion for the Down syndrome community, new first-class terminal. creased fundraising tenfold and the golf he and his family were named “Family Garrett also is involved with the tournament is now one of the largest of the Year” at the 2019 Governor’s Autism Society of Acadiana, Susan G. fundraisers of the entire Lafayette Bar Outstanding Leadership in Disabilities Komen of Acadiana (as a Big Wig) and Association and Foundation. He was Awards. the Acadiana Leukemia & Lymphoma elected to be a director of the Lafayette Valerie Gotch Garrett is a solo Society. Parish Bar Association. Ethics Advisory Service www.lsba.org/goto/ethicsadvisory For assistance with dilemmas and decisions involving legal ethics, take full advantage of the LSBA’s Ethics Advisory Service, offering - at no charge - confidential, informal, non-binding advice and opinions regarding a member’s own prospective conduct. Eric K. Barefield, Ethics Counsel LSBA Ethics Advisory Service 601 St. Charles Ave., New Orleans, LA 70130-3404

(504)566-1600, ext. 122 • (504)619-0122 toll-free: (800)421-5722, ext. 122 • Fax: (504)598-6753 E-mail: [email protected]

Louisiana Bar Journal April / May 2020 430 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 431 Vol. 67, No. 6 www.lsba.org FOCUSDiversity ON CLE UPDATES

The Louisiana State Bar Association Diversity Committee’s Pipeline The Louisiana State Bar Association Diversity Committee’s LGBT to Diversity & Outreach Subcommittee hosted the CLE Series on Subcommittee held the CLE seminar, “Title VII at 55: Where We’ve Been Disabilities-Related Issues (Social Security) on Oct. 25, 2019, at the and Where We’re Going,” on Nov. 5, 2019. The seminar featured J. Tyler Louisiana Bar Center in New Orleans. Presenters were, from left, Monica Clemons, right, Southern Poverty Law Center; and J. Dalton Courson, Stone Ferraro and Suzette Tagesen Murphy, Workers’ Compensation, LLC. Pigman Walther Wittmann, LLC, co-chair, LSBA Diversity Committee.

Louisiana State Bar Association (LSBA) Diversity Committee’s Specialty Bars Subcommittee

“Natchitoches Lights” CLE seminar The Louisiana State Bar Association Diversity Committee’s Specialty Bars Dec. 13, 2019 Subcommittee held the “Natchitoches Lights” CLE Seminar on Dec. 13, Presenting “Defending Disciplinary Action” at the December Natchitoches 2019, in Natchitoches. Presenting 2019 “Natchitoches Lights” CLE were, from left, Richard P. “Updates in Family Law” was Hon. Lemmler, Jr., Louisiana State Bar Association ethics counsel; Desiree D. Dyess, 10th Judicial and Yolanda Cezar, deputy disciplinary counsel, Louisiana District Court, Natchitoches. Attorney Disciplinary Board, Baton Rouge.

Presenting “The 360 Perspective Presenting “Title VII at 55: Where We’ve Been and Where Presenting “LSBA: Who We Are and How We Serve Our of Immigration Law” at the We’re Going” at the December 2019 “Natchitoches Lights” Members” at the December 2019 “Natchitoches Lights” December 2019 “Natchitoches CLE were, from left, J. Dalton Courson, Stone Pigman CLE were, from left, Michael B. Victorian, Phelps Lights” CLE was Ashley Foret Walther Wittmann, LLC, New Orleans; and J. Tyler Dunbar, LLP, Baton Rouge; and Christie C. Wood, Dees with Ashley Foret Dees, Clemons, Southern Poverty Law Center, New Orleans. Wilson & Wilson, Jena. L.L.C., Lake Charles.

Louisiana Bar Journal April / May 2020 432 Vol. 67, No. 6 www.lsba.org STEVE HERMAN GravierHouse.com HAS BEEN CALLED A LOT OF NAMES BY OTHER LAW FIRMS. IF YOU NEED AN

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Louisiana Bar Journal April / May 2020 432 Vol. 67, No. 6 www.lsba.org hhklawfirm.com504.581.4892Louisiana BarNew Journal Orleans, April LA/ May 2020 433 Vol. 67, No. 6 www.lsba.org hhklawfirm.com New Orleans, LA

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

20-124-2 LA BAR JOURNAL.indd 1 3/3/20 11:18 AM Crossword PUZZLE By Hal Odom, Jr. TAKE IT BACK!

1 2 3 4 5 6 7 ACROSS DOWN

8 1 Attribute of seller who knew of the 1 Cooking over an open fire (3-1-1) defect in the thing sold (3, 5) 2 Bomb that didn’t go off (3) 9 5 Simba finally threw him off 3 Superlatively spry (7) the cliff (4) 4 I’ve heard enough! (3) 9 Action to revoke a sale for defects 6 Colluded (9) or unfitness (11) 7 Public ___ Doctrine (7) 10 11 12 10 Tremor; seism (5) 8 Another word for defect (4) 12 Unexpected hit; one in slumber (7) 11 Pyrrhic way to win (2, 3, 4) 13 Action to reduce the purchase price 12 First name in the Rat Pack (5) 13 14 for defects or unfitness (6, 7) 13 Essential attribute of the 15 An unspecified person (7) thing sold (7) 17 Vladimir and Estragon are 14 OPEC member home to still waiting for him (5) Lagos and Abuja (7) 15 16 17 18 19 Stand of fitness for the 16 Gambler’s chances (4) thing sold (8, 3) 18 Its maximum is 140 characters (5) 22 Himalayan Bigfoot (4) 20 Small bite or sip (3) 23 Kind of defect the seller is 21 OPEC member home to 19 20 21 not required to disclose (8) Abu Dhabi and Dubai (1, 1, 1)

22 23 Answers on page 471.

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] (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 Mandeville Area [email protected] [email protected] Denham Springs Area Mary E. Heck Barrios (225)664-9508 Opelousas/Ville Platte/ John L. Olivier (337)662-5242 [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 Pam Landaiche (337)237-4700 Shreveport Area Dana M. Southern (318)222-3643 [email protected] [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 April / May 2020 434 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 434 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 435 Vol. 67, No. 6 www.lsba.org DISCIPLINE Reports REPORTING DATES 2/5/20 & 2/7/20

REPORT BY DISCIPLINARY COUNSEL Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date Feb. 7, 2020.

Decisions JUDGMENT FINAL and EFFECTIVE to safeguard client settlement funds by on Jan. 8, 2020. Barker may not practice converting those funds; and failed to pay John Christopher Alexander, Baton law until further orders from the Court. funds belonging to a third-party medical Rouge, (2019-B-2016) Consented to be- Michael T. Bell, Baton Rouge, (2019- provider. ing transferred to interim suspension B-1345) Disbarred from the practice of Durward D. Casteel, Baton Rouge, status, ordered by the Louisiana Supreme law by order of the Louisiana Supreme (2019-1652) Disbarred from the prac- Court on Jan. 10, 2020. JUDGMENT Court on Nov. 5, 2019. JUDGMENT tice of law by order of the Louisiana FINAL and EFFECTIVE on Jan. 10, FINAL and EFFECTIVE on Dec. 20, Supreme Court on Dec. 20, 2019. 2020. 2019. Gist: Failed to provide adequate ORDER FINAL and EFFECTIVE on Paul John Barker, Lockport, and competent legal services; settled a Jan. 3, 2020. Gist: Forgery and conver- (2019-OB-2015) Transferred to dis- personal injury case without the client’s sion of client funds to own use. knowledge or consent; charged inter- ability inactive status by order of the Continued next page Louisiana Supreme Court on Jan. 8, 2020. est on a settlement advancement; failed

Legal & Judicial Ethics

William “Billy” M. Ross has over 15 years of experience defending lawyers and judges in disciplinary matters, advising lawyers on their ethical duties, and providing representation in legal fee disputes and breakups of law firms. He is committed to advancing the legal profession through his work for clients, involvement with the LSBA, and participation in presentations on ethics and professional responsibility. William M. Ross [email protected] 909 Poydras Street, Suite 2500 New Orleans, Louisiana 70112 (504) 523-1580 www.stanleyreuter.com

Louisiana Bar Journal April / May 2020 436 Vol. 67, No. 6 www.lsba.org Discipline continued from page 436 Orleans, (2019-B-2084) Transferred to 2020. Gist: Respondent practiced law interim suspension for threat of harm while ineligible to do so. Patrick Cornelius Cotter, Lafayette, status ordered by the Louisiana Supreme Sally Harrison Longmire Hingel, (2020-OB-00029) Transferred to dis- Court on Jan. 8, 2020. JUDGMENT Metairie, (2019-B-1459) Disbarred by ability inactive status by order of FINAL and EFFECTIVE on Jan. 8, 2020. order of the Louisiana Supreme Court the Louisiana Supreme Court on Jan. Nicholas Anderson Hall, New on Nov. 19, 2019. JUDGMENT FINAL 15, 2020. JUDGMENT FINAL and Orleans, (2019-B-1759) Suspended and EFFECTIVE on Dec. 3, 2019. Gist: EFFECTIVE on Jan. 15, 2020. from the practice of law for six Failed to perform any legal services for James A. Dukes, Springfield, (2019- months, followed by one year of un- B-1985) Transferred to interim sus- supervised probation, by order of the Continued next page pension for threat of harm status by Louisiana Supreme Court on Jan. 22, order of the Louisiana Supreme Court on Jan. 8, 2020. JUDGMENT FINAL and EFFECTIVE on Jan. 8, 2020. Christovich & Kearney, llp Larry English, Shreveport, (17-DB- attorneys at law 005) Publicly reprimanded, subject to the condition that he submit the fee Defense of Ethics Complaints and Charges dispute in the Kirksey matter (Count III of 17-DB-005) to LSBA’s Fee Dispute E. Phelps Gay Kevin R. Tully Resolution Program, ordered by the Louisiana Attorney Disciplinary Board H. Carter Marshall on Nov. 6, 2019. JUDGMENT FINAL and EFFECTIVE on Dec. 19, 2019. Gist: (504)561-5700 Failure to return unearned fees; failure to place disputed funds in trust; and failure 601 Poydras Street, Suite 2300 to submit to fee arbitration or mediation. New Orleans, LA 70130 Mitchel M. Evans II, DeRidder, (2019-B-1461) Permanent disbar - ment from the practice of law and ATTORNEY & JUDICIAL DISCIPLINARY MATTERS restitution to his victims and/or the Client Assistance Fund ordered by Don’t wait too late to end up on this page. the Louisiana Supreme Court on Dec. 10, 2019. JUDGMENT FINAL and EFFECTIVE on Dec. 24, 2019. Gist: Call us for a free consultation: (504) 836-8000 Charging an excessive fee; failing to re- turn unearned fees; failing to provide competent representation; taking action on behalf of clients without their con- sent; neglecting legal matters; failing to communicate with clients; improperly entering into a business transaction with a client; engaging in conduct involving dishonesty, fraud, deceit or misrepre- sentation; engaging in conduct prejudi- cial to the administration of justice; and Bobby J. Delise Jeannette M. Delise failing to cooperate with the Office of Disciplinary Counsel in its investigations. DELISE & HALL Louella P. Givens-Harding, New Attorneys at Law Orleans, (2019-1514) Permanently disbarred from the practice of law by 5190 Canal Blvd., Ste. 103 New Orleans, LA 70124 order of the Louisiana Supreme Court on Jan. 14, 2020. ORDER FINAL and (504) 836-8000 www.dahlaw.com EFFECTIVE on Jan. 28, 2020. Gist: Health care fraud. Christopher Alexander Gross, New

Louisiana Bar Journal April / May 2020 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 Vol. 67, No. 6 www.lsba.org 436 437

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 Feb. 5, 2020. Respondent Disposition Date Filed Docket No. Christa Hayes Forrester [Reciprocal] Suspension. 1/3/20 19-13350 Patrick A. Giraud Suspension, partially deferred. 1/30/20 19-12024 Quiana Marie Hunt [Reciprocal] Suspension, fully deferred. 1/30/20 19-14092 Suzan E. Jackson [Reciprocal] Suspension, partially deferred. 1/3/20 19-13349 Thomas E. Loehn [Reciprocal] Suspension, fully deferred. 1/3/20 19-13348 Keelus Renardo Miles [Reciprocal] Public reprimand. 1/3/20 19-13390 Rusty J. Savoie [Reciprocal] Suspension, partially deferred. 1/30/20 19-13829 Douglas L. Uzee, Jr. [Reciprocal] Suspension, partially deferred. 1/30/20 19-13346

Discipline continued from page 437 Laura J. Johnson, Winnfield, the profession. She acted knowingly and (2019-B-1128) Disbarred, retroac- intentionally although no actual harm a client; misled a client about the status tive to Nov. 12, 2015, the date of her occurred. of her case; solicited and purchased pre- interim suspension, by order of the Audrey M. Lamb, Baton Rouge, scription medication from a client; and Louisiana Supreme Court on Dec. 11, (2019-B-1460) Suspended from the failed to cooperate with the Office of 2019. Gist: Respondent violated duties practice of law for one year and one Disciplinary Counsel in its investigation. owed to the public, the legal system and Continued next page

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

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

Louisiana Bar Journal April / May 2020 438 Vol. 67, No. 6 www.lsba.org day, fully deferred, by order of the account and failed to cooperate with the he is admitted; and shall be permanently Louisiana Supreme Court on Nov. 19, Office of Disciplinary Counsel in its in- prohibited from seeking admission to 2019. ORDER FINAL and EFFECTIVE vestigation. the practice of law in any jurisdiction. on Dec. 3, 2019. Gist: Criminal conduct John E. Settle, Jr., Shreveport, (DWI and possession of marijuana). (2019-OB-1838) Permanently re- Admonitions (private sanctions, of- Clayton Paul Schnyder, Jr., New signed from the practice of law in lieu ten with notice to complainants, etc.) is- Orleans, (2019-B-1500) Consented to of discipline by order of the Louisiana sued since the last report of misconduct suspension of one year and one day, Supreme Court on Jan. 14, 2020. involving: with all but 60 days deferred, fol- ORDER FINAL and EFFECTIVE on lowed by a two-year period of pro- Jan. 14, 2020. Gist: Settle’s misconduct Rule 8.4(d) — Engaging in conduct bation with conditions, by order of involved engaging in the unauthorized prejudicial to the administration of jus- the Louisiana Supreme Court on Dec. practice of law. He is permanently pro- tice. 20, 2019. JUDGMENT FINAL and hibited from practicing law and seeking EFFECTIVE on Dec. 20, 2019. Gist: readmission to the practice of law in this Rule 1.9(c) — Conflict of interest, for- Respondent mishandled his client trust state or in any other jurisdiction in which mer client.

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Louisiana Bar Journal April / May 2020 438 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 439 Vol. 67, No. 6 www.lsba.org MEDIATION AND ARBITRATION RECENTDevelopments ADMINISTRATIVE LAW TO TAXATION of

in Contracting Act, 31 U.S.C. § 3551, et signed to increase the participation of COMPLEX DISPUTES seq. (CICA), there are exceptions to this small business concerns in federal fund- general rule. One is a Phase III award ed research or research and develop- Administrative using the Small Business Innovation ment.” See, AFDNT at 2; SBIR Program Law Research (SBIR) acquisition author- Act of 1982, 15 U.S.C. § 638. The ity under the SBIR Program Act of Small Business Administration (SBA) is 1982, 15 U.S.C. § 638. While a Phase tasked to administer the SBIR program III award can be made efficiently, this and to issue policy directives for its Do Not Lose Your award authority has rigid statutory and operation; ostensibly, this includes the Eligibility! Be Cautious regulatory eligibility considerations SBIR Program Policy Directive (PPD). that must be continuously considered See, AFDNT at n.4; 15 U.S.C. § 638(j). When Advising SBIR after a business obtains a Phase I/II Generally, an SBIR has three phases: Holders award. The Government Accountability (1) Phase I, where potential SBIR hold- Office (GAO) addressed one such mat- ers compete to test scientific, technical Martin E. Coady Guy deLaup W. Ross Foote E. Phelps Gay Thomas Hayes, III ASRC Federal Data Network ter when it sustained a recent bid protest and commercial-merit feasibility of a Technologies, L.L.C., B-418028, Dec. in AFDNT. For a discussion on what is concept; (2) Phase II, if successful in 26, 2019, 2019 CPD ¶ 412 (AFDNT). a bid protest, see Bruce L. Mayeaux, Phase I, an SBIR holder may be invited The federal government is routinely “Recent Developments: Administrative to apply for further development of the looking for efficient and innovative ways Law,” 65 La. B.J. 418 (2018). concept; and (3) Phase III, non-SBIR to procure supplies and services. While To understand the issue in AFDNT, government sources (other agencies/in- normally this deliberative process takes counsel must first understand what the dustry not involved directly in the SBIR longer than desired because it follows SBIR program is and how a Phase III program) may non-competitively award the full and open competition require- award differs from traditional procure- (sole-source) a contract to the SBIR ments laid out in the Federal Acquisition ment awards under the FAR and CICA. holder for “work that derives from, Regulation (FAR) and the Competition Essentially, “the SBIR program is de- extends, or completes efforts made un-

Mike McKay Patrick Ottinger Mike Patterson Larry Roedel Marta-Ann Schnabel

Larry Feldman, Jr. is an attorney with McGlinchey Stafford’s New Orleans office. He received his mediator training at the Straus Institute for Dispute Resolution at Pepperdine University School of Law. During his more than 45 years of practice, he has represented corporate and individual clients in a variety of matters that include banking regulations, contract claims, real property disputes, shareholder rights, and personal injury disputes. He has served in several capacities in the Louisiana State Bar Association including president and has been a member of both the Judicial Council and the Judicial Compensation Commission. In 2012 the Louisiana Supreme Court appointed him to the Committee on Bar Admissions, where he served as the Director of the Panel on Character and Fitness and now serves as the Chair of the Committee.

BATON ROUGE | NEW ORLEANS | LAFAYETTE | SHREVEPORT | MONROE : 866.367.8620 : [email protected] : pattersonresolution.com Louisiana Bar Journal April / May 2020 440 Vol. 67, No. 6 www.lsba.org MEDIATION AND ARBITRATION of COMPLEX DISPUTES

Martin E. Coady Guy deLaup W. Ross Foote E. Phelps Gay Thomas Hayes, III

Mike McKay Patrick Ottinger Mike Patterson Larry Roedel Marta-Ann Schnabel

Larry Feldman, Jr. is an attorney with McGlinchey Stafford’s New Orleans office. He received his mediator training at the Straus Institute for Dispute Resolution at Pepperdine University School of Law. During his more than 45 years of practice, he has represented corporate and individual clients in a variety of matters that include banking regulations, contract claims, real property disputes, shareholder rights, and personal injury disputes. He has served in several capacities in the Louisiana State Bar Association including president and has been a member of both the Judicial Council and the Judicial Compensation Commission. In 2012 the Louisiana Supreme Court appointed him to the Committee on Bar Admissions, where he served as the Director of the Panel on Character and Fitness and now serves as the Chair of the Committee.

BATON ROUGE | NEW ORLEANS | LAFAYETTE | SHREVEPORT | MONROE : 866.367.8620 : [email protected] : pattersonresolution.com Louisiana Bar Journal April / May 2020 440 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 441 Vol. 67, No. 6 www.lsba.org der prior funding agreements under the cessful agency-level bid protest, filed a is a requirement to obtain Phase III eli- SBIR program.” See, AFDNT at 2; 15 bid protest with GAO alleging, among gibility. See, AFDNT at 8. Further, while U.S.C. § 638(e)(4)(A)-(C). Principally, other things, that American was ineli- GAO is required to give deference to an this means that an agency can sole- gible for the Phase III award under the agency for the reasonable interpretation source contract to an SBIR holder under SBIR statute and the SBA’s PPD. See, of its own regulation, it found the plain Phase III authority for work that directly AFDNT at 4. The protester asserted that language of section 6(a)(5) in the PPD involved or is connected to a Phase I/ those authorities allowed for a Phase III listed specific eligibility requirements to II award, without the FAR and CICA’s award to only the company that origi- receive a Phase III award as it did not full and open competition requirements. nally developed the technology (Omni), leave open any other scenarios — other While this process seems straightfor- or to a company that has properly no- than the one stated in the PPD — where ward, it can become muddled, especially vated a prior Phase I/II award, which a company could be eligible for a Phase with novation and business acquisitions. American, it argued, had not. Id. III award. See, AFDNT at 9; Edmond In retort, DHA asserted that, by vir- Scientific Co., B-410179, Nov. 12, 2014, Theater Medical Information tue of its acquisition of Omni, American 2014 CPD ¶ 336 at 7, n.9. (stating where Program — Joint (TMIP-J) was Omni’s successor-in-interest and the language of a regulation is plain on In September 2019, the Defense was, therefore, eligible to receive the its face, and meaning is clear, there is no Health Agency (DHA) issued a Phase Phase III award. See, AFDNT at 7. reason to move beyond the plain mean- III award to American Systems Corp. Additionally, as this involved SBA regu- ing of the text). to “build on efforts that derive from, ex- lations, GAO solicited the view of SBA, While an SBIR can be a great tool to tend, or complete efforts that are gener- which ostensibly concurred with DHA’s procure supplies and services quickly, ated under previous SBIR Phase I and position. See, AFDNT at 7. Nonetheless, its requirements for Phase III eligibil- II work.” AFDNT at 3. Specifically, GAO found DHA’s position unreason- ity must be considered throughout the DHA wanted American to “transform able after a plain language reading of life of an SBIR-holding going concern. and support [its] TMIP-J platform.” the statute and PPD and sustained the Agency and industry counsel should Id. The TMIP-J platform “is a health- protest. consider how to handle “ownership” care delivery system, which comprises In accordance with its previous inter- of Phase I/II awards during acquisition, multiple different systems and products pretation decisions, GAO focused pri- mergers and novation to keep Phase III that collect a variety of data related to marily on the plain language of the PPD eligibility intact. the healthcare of service members.” on this matter. See, Curtin Mar. Corp., AFDNT at 2. B-417175.2, March 29, 2019, 2019 Disclaimer: The views presented are The instant award referenced work CPD ¶ 107. Specifically, GAO focused those of the writer and do not neces- completed under a different Phase III on section 6(a)(5) of the PPD, which sarily represent the views of DoD or its award from another company called states that, “in order to receive a Phase components. DDL Omni Engineering, L.L.C. III award, the [a]wardee must have ei- See, AFDNT at 3-4. Earlier in 2018, ther received a prior Phase I or Phase II —Bruce L. Mayeaux American acquired Omni and subse- award or have been novated a Phase I Member, LSBA Administrative quently executed an assignment-and- or Phase II award.” See, PPD § 6(a)(5) Law Section assumption agreement that identified (emphasis added). GAO found that the Major, Judge Advocate Omni’s contracts, including the afore- use of the term “must” made clear that U.S. Army mentioned Phase III award. See, AFDNT to receive or novate a Phase I/II award at 4. Later, in 2019, the federal govern- ment executed a novation agreement with American recognizing American as Omni’s successor-in-interest and explic- itly listed various contracts in an exhibit to the agreement; the Phase III award was again referenced. Id. At no point was earlier SBIR work by American or any Phase I/II efforts of Omni ref- LOUISIANA CHAPTER erenced in any of the documents. See, AFDNT at 3-4. www.LouisianaMediators.org

The Protest Check your preferred available dates or schedule appointments online, Later in September 2019, ASRC directly with top litigator-rated mediators and arbitrators. Federal Data Network Technologies, To view our national roster of over 1000 litigator-rated neutrals, visit www.NADN.org/directory L.L.C. (protester), after filing an unsuc-

Louisiana Bar Journal April / May 2020 442 Vol. 67, No. 6 www.lsba.org sonable expert fees, taxed to plaintiff/ hensive harmony to the laws written on a mover. After the parties could not agree specific subject. Civil Law on a reasonable attorney fee, defendants This case focuses on the specific ap- and moved for attorney fees and expert fees. plication of La. R.S. 13:4611(g), which Litigation The trial court awarded $172,621.10 provides, “The court may award attorney in attorney fees to defendants, as well fees to the prevailing party in a contempt as $19,433.23 in expert witness fees. of court proceeding provided for in this Plaintiff appealed, and the 2nd Circuit Section.” The trial court and 2nd Circuit Win the Battle, Court of Appeal affirmed the award and in their rulings interpreted the statute to amount of the attorney fee, but reduced include an award of attorney fees to a Lose the War the award of expert witness fees. An ap- prevailing defendant-in-rule. However, peal to the Louisiana Supreme Court en- the Supreme Court, in reversing, held Luv N’ Care, Ltd. v. Jackel Int’l, Ltd., sued. the entire statute, not just the singular 19-0749 (La. 1/29/20), ____ So.3d ____, The case provided a back-to-basics sentence that provides “the court may 2020 WL 499164. statutory interpretation lesson. In review- award attorney fees to the prevailing Taking up a res nova issue, the ing La. R.S. 13:4611 as a whole, the party,” must be considered. The notable Louisiana Supreme Court interpreted La. Supreme Court reasoned it was clear that precursor to the relevant sentence is the R.S. 13:4611(1)(g) to preclude an award the penalty of an attorney fee can be im- first paragraph of the statute, which pro- of attorney fees for the prevailing party posed on a party only if the party is found vides that “courts may punish a person if that party is the defendant-in-rule. In guilty of contempt. The first place to look adjudged guilty of a contempt of court the case at hand, a rule for contempt for the legislative intent is the language therein, as follows.” The Court reasoned, was brought by Luv N’ Care against of the statute itself, and only then, if un- when read as whole, the result is “courts defendants Jackel and Mayborn over an clear, do we need to proceed any further may punish a person adjudged guilty of a alleged violation of a permanent injunc- into specific intent. Furthermore, the contempt of court therein, as follows: . . . tion. Court reminds us the law must be inter- The court may award attorney fees to the After hearing, the rule for contempt preted in pari materia to give a compre- prevailing party in a contempt of court was dismissed, with costs, including rea-

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Louisiana Bar Journal April / May 2020 442 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 443 Vol. 67, No. 6 www.lsba.org proceeding provided for in this Section.” cy court granted the motion to reinstate The award of an attorney fee in a the LLC in January 2017. The court’s contempt proceeding is a discretionary order made clear that it was the respon- implementation of punishment, but such Corporate and sibility of Starboard’s counsel to serve may be awarded only to the mover, if Business Law the required parties who would not successful in prosecution of the rule. This otherwise receive notice. Despite this, ruling seems to be further aligned with Starboard did not file the order with the the typical state system of each party Secretary of State. paying its own attorney fees to prosecute Personal Liability of In November 2017, the appellate or defend claims. court upheld the trial court’s judgment Ultimately, while successfully defeat- LLC Members after against Starboard. In December 2018, ing the rule for contempt and obtaining a Dissolution by Affidavit the plaintiffs filed a motion to enforce the win for the defendants, the defendants in judgment against the Members person- this case came out the losers, as they will Cambrie Celeste, L.L.C. v. Starboard ally pursuant to La. R.S. 12:1335.1(A). be unable to recuperate their sizable legal Mgmt., L.L.C., 19-0737 (La. App. 4 Cir. In response to this motion, on Jan. 17, fees incurred in defending the contempt 12/4/19), 2019 WL 6542792. 2019, Starboard filed the bankruptcy issue. Those defending rules for contempt In 2012, Cambrie Celeste, landlord, court’s reinstatement order with the should consider this ruling and how that filed suit against its tenant, Starboard Secretary of State, and the Secretary of will impact the client who can success- Management, L.L.C., along with State reinstated Starboard on the same fully defeat the rule for contempt, but the members of Starboard — Robert day. The next month, the trial court with consideration that the fees incurred Armbruster and Nicole Armbruster granted the plaintiff’s motion to enforce in doing so cannot be awarded under this (collectively, the Members) — for personal liability against the Members. statute. Further, with the legislative ses- breach of lease. While the lawsuit This appeal followed. sion upon us, this is an opportunity to was pending, Mr. Armbruster filed An LLC that is dissolved by affida- amend the statute if the Legislature actu- an affidavit to dissolve Starboard in vit may be reinstated as described in ally meant the court could award an attor- accordance with La. R.S. 12:1335.1, La. R.S. 12:1335.1(B), which provides ney fee to the prevailing party, including which outlines the requirements that “[t]he Secretary of State shall rein- the party defending the rule. and consequences of a “dissolution state a limited liability company that has by affidavit” of a limited liability been dissolved pursuant to this Section —Shayna Beevers Morvant company. In relevant part, La. R.S. only upon receipt of an order issued by Secretary, LSBA Civil Law 12:1335.1(A) provides that “if a a court of competent jurisdiction direct- & Litigation Section limited liability company is no longer ing him to do so.” The appellate court Beevers & Beevers, L.L.P. doing business, owes no debts, and interpreted this provision strictly and 210 Huey P. Long Ave. owns no immovable property, it may concluded that Starboard was not re- Gretna, LA 70053 be dissolved by filing an affidavit with instated until Jan. 17, 2019, when the the secretary of state executed by the bankruptcy court’s order was filed with members . . . attesting to such facts the Secretary of State. Additionally, the and requesting that the limited liability appellate court held that the reinstate- company be dissolved.” Upon the ment was not retroactive to the date of filing of this affidavit, “the members . . dissolution. As such, it concluded that . shall be personally liable for any debts the trial court correctly granted the or other claims against the limited plaintiff’s motion to hold the Members liability company in proportion to their personally liable in proportion to their ownership interest in the company.” ownership for the judgment rendered On July 27, 2016, the trial court against Starboard. granted summary judgment against Starboard. Starboard then filed a sus- —Paxson C. Guest a free online forum pensive appeal. While the case was Member, LSBA Corporate and Business Law Section for civil legal on appeal, Starboard filed a petition for bankruptcy in the U.S. Bankruptcy Cook, Yancey, King questions Court for the Eastern District of & Galloway, A.P.L.C. Louisiana. Then, in December 2016, Ste. 1700, 333 Texas St. Starboard filed a motion with the bank- Shreveport, LA 71101 ruptcy court to reinstate Starboard as an LLC in order to continue with the bankruptcy proceedings. The bankrupt-

Louisiana Bar Journal April / May 2020 444 Vol. 67, No. 6 www.lsba.org motion for summary judgment; GLO ap- cating that the petitioned action may be pealed. warranted.” 16 U.S.C. § 1533(b)(3)(a). The 5th Circuit, in General Land Office Instead, the FWS looked to see if the peti- Environmental v. U.S. Dep’t of the Interior, 947 F.3d tion contained any new information that it Law 309, 318 (5 Cir. 2020), found that GLO’s hadn’t already seen and considered during claims under the ESA and NEPA were its most recent five-year review. The 5th time-barred and should have been brought Circuit pointed out that there was no re- within six years of the original listing in quirement that information in a petition be 5th Circuit Addresses 1990, or when the FWS failed to designate “new,” just that it be “substantial.” Thus, Endangered Species Act the Warbler’s critical habitat in 1992 per the 5th Circuit vacated the denial of the 28 U.S.C. § 2401(a). GLO had character- 2015 delisting petition and remanded the Claims ized the listing as a “continuing violation,” matter back to the FWS for further con- but the 5th Circuit disagreed, stating that sideration under the proper legal standard. The Golden-Cheeked Warbler, a yel- once an agency acted or failed to act, that low songbird found in Texas, was listed action (or lack thereof) was a single trigger Paid Protestors at Council as an endangered species by the U.S. Fish that started the statute of limitations count- Meeting: Open Meetings and Wildlife Service (FWS) in 1990. Then down. Thus the listing of the Warbler, or in 2015, the Texas General Land Office the ensuing failure to designate a critical Law Violation But (GLO) petitioned to delist the Warbler, habitat within the two years required by Outcome Not Void claiming that the Warbler population and the ESA, was the start of the six-year stat- breeding habitat was actually larger than ute of limitations, long since expired. The New Orleans City Council met to initially known. The FWS denied the pe- The 5th Circuit also found that the vote on a proposal from Entergy on wheth- tition, noting that it had just completed a FWS’s denial of the 2015 delisting peti- er to approve a permit for a proposed New five-year review of the species listing in tion was not a violation of NEPA, as the Orleans Power Station. Several meetings 2014 and saw no new information in the controlling law did not require the FWS to address the proposal were held, includ- 2015 petition that was not already ad- to prepare either an environmental assess- ing a meeting before a City Council com- dressed in its 2014 review. ment or an environmental-impact state- mittee on Feb. 21, 2018, which later made GLO then sued the FWS, challenging ment. headlines when it was discovered that the the original listing and the continued list- However, this was not a complete win Entergy supporters present were “actors ing of the Warbler under the Endangered for the FWS. The 5th Circuit did find that paid to attend the meeting and show sup- Species Act (ESA) and the National the FWS’s denial of the 2015 delisting pe- port for Entergy.” Deep S. Ctr. for Envtl. Environmental Policy Act (NEPA), and tition was arbitrary and capricious. Id. at Justice v. Council of City of New Orleans, claiming that the denial of the delisting 320-21. The FWS was required to consider 19-0774 (La. App. 4 Cir. 2/12/20), ____ petition was arbitrary and capricious. whether the petition contained “substantial So.3d ____, 2020 WL 714492, at *1. The The district court dismissed the case on a scientific or commercial information indi- February 2018 meeting was packed with these paid supporters, and opponents were

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Louisiana Bar Journal April / May 2020 444 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 445 Vol. 67, No. 6 www.lsba.org unable to access the room or give com- not occur, despite a properly-held March ments, despite language on the agenda Council meeting and vote, as the February allowing comments. Id. The committee committee meeting had a different and voted to send the matter to the full City distinct purpose, was a different public Family Council. body and the vote it held was not binding Law The City Council met on March 8, on the full Council. Thus, actions taken in 2018, and ultimately voted 6-1 to ap- the separate March meeting could not fix prove the construction of the New Orleans what happened in the February meeting. Power Station. At this March meeting, However, precisely because the com- Child Support everyone interested was able to provide mittee decision was not binding on the full comments in favor or against the proposal. Council, the appellate court determined Hensgens v. Hensgens, 19-0485 (La. Several individuals and groups then that there was no necessary tie between App. 3 Cir. 12/18/19), ____ So.3d ____, filed suit against the City, alleging that the actions at the two meetings, and the 2019 WL 6886219. both the February and March meetings trial court erred in determining that the In this child support and spousal sup- violated the Open Meetings Law, La. R.S. violations that occurred at the February port matter regarding crawfish and rice 42:11, et seq. The trial court found that the committee meeting rendered the separate farming operations, Ms. Hensgens’ ex- Open Meetings Law had been violated in March Council vote voidable. Thus, while pert calculated the parties’ income on a the February meeting, which then neces- the February committee meeting violated cash basis, whereas Mr. Hensgens’ expert sarily led to the later Council vote, and the Open Meetings Law, the vote by the calculated it on an accrual basis. The trial thus the resolution approving the New full Council at the March meeting was not court found that the cash basis method Orleans Power Station was void. No viola- void. was appropriate and required by La. R.S. tions independently occurred at the March 9:315, and the court of appeal agreed. The Council meeting, however. —Lauren E. Godshall courts also rejected his arguments that, as On appeal, the City argued that any Member, LSBA Environmental the farming operation was a “community access violations in the February meeting Law Section enterprise,” she should have been assessed were caused by Entergy, a private actor Tulane Environmental Law Clinic with one-half of the income and related who could not violate an open meetings 6329 Freret St. aspects of the operation. The court found law. The appellate court disagreed, noting New Orleans, LA 70118 she was not employed, and the parties had that regardless of who caused the pub- stipulated that once the couple’s young- lic to be excluded from the meeting, the Council and the committee were charged by law to ensure that any meeting they conduct complies with the Open Meetings Law. Moreover, the barring of interested persons from the meeting and the decision mid-meeting to bar public comments con- stituted noncompliance with the law. “Not only was the agenda untimely changed in We congratulate, our partner, Daniel J. Finch, on his one-year violation of the Open Meetings Law, but the record reflects that members of the anniversary with our firm. Daniel has a diverse legal practice and public were deprived of the opportunity accepts referrals in the following matters: to observe the meeting and provide com- ments during the public comment period • High net worth transfer tax planning and advice at the Committee meeting due to both the • Estate planning (wills, trusts, powers of attorney, etc.) change in procedure and the barring of • Probate and succession administration comments from members of the public • Estate and trust litigation who were made to wait in the hallway due • Business transition, planning and advice to limited space.” Id. at *6. The next question was whether the • Medicaid planning Council vote at the March meeting cured • Matrimonial agreements and other spousal property matters that February meeting violation by “rati- • Estate (Form 706) and gift (Form 709) tax return preparation audits fication” of the improper vote. Apub- lic body may correct an open meetings 900 E. Saint Mary Blvd., Suite 200, Lafayette, Louisiana 70503-2378 violation if a proper meeting is held that ratifies the earlier vote. Id. at *5. The ap- PO Box 51347, Lafayette, Louisiana 70505-1347 pellate court found that ratification could Tele. 337-291-4900 • www.rgb-llc.com

Louisiana Bar Journal April / May 2020 446 Vol. 67, No. 6 www.lsba.org est child reached age 5, minimum wage Custody public policy, as the judgment did not pro- would be imputed to her. Thus, all of the vide that a change in domiciliary custody farming operation’s income was imputed Guidry v. Guidry, 19-0534 (La. App. 1 would not be a change of circumstances to him. Cir. 9/26/19), 2019 WL 7177093 (unpub- to modify the support. The judgment ad- Regarding income assessed to him lished). dressed modifications only as each child for the sale of farming equipment, the Due to continuing mental health is- aged out or if there were material increas- court found that although Mr. Hensgens sues with one of the parties’ children, the es or decreases in the parties’ incomes. did not sell farm equipment as a busi- trial court changed the domiciliary par- The trial court also did not err in granting ness, it was “part of the cycle” of replac- ent of that child from the mother to the Mr. Guidry an injunction prohibiting Ms. ing older equipment with newer equip- father. Regarding another child, the court Guidry from making complaints against ment; thus, the income from the sale of changed the custodial arrangement to des- him that might potentially impugn his equipment was appropriately included. ignate Mr. Guidry as the domiciliary par- professional reputation, including to his The court also found that Mr. Hensgens ent for educational, medical and mental employer and supervisory entities. provided no proof to counteract Ms. health purposes. As a result of the change Hensgens’ and her expert’s testimony in the physical domiciliary custody of the Paternity that certain expenses charged to the one child, the court also modified the child business American Express card were support arrangement. Barras v. O’Rourke, 19-0412 (La. App. actually personal expenses that should The parties had entered into a consent 3 Cir. 12/18/19), ____ So.3d ____, 2019 be added back to the business income. judgment providing for a series of child WL 6887850. The trial court was correct in not devi- support payments with reductions when Mr. O’Rourke, who had an intimate re- ating from the child support guidelines the first two of the three children com- lationship with Ms. Barras, believed that due to significant bank debt, as this pleted high school and reached majority. the child born in 2014 was his. Later, in debt had been due during the course of The trial court found that that judgment 2017 when Ms. Barras filed a petition for the parties’ marriage, and there was no was against public policy and could be child support and custody, she made state- showing that their ongoing income was modified. The court of appeal, on the oth- ments that led Mr. O’Rourke to question affected by it. er hand, found that the trial court did not his paternity and to obtain a home DNA need to find that the judgment was against test, which showed he was not the father. Marc Amy joins the maps Panel of Neutrals!

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Louisiana Bar Journal April / May 2020 446 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 447 Vol. 67, No. 6 www.lsba.org He then filed to annul the act of acknowl- her descriptive list were judicial confes- eficial procedure of arbitrations. edgment he had executed at the time of sions, and that she could not attack her DoorDash, a food-delivery company, the child’s birth (he had also signed the interventions, as she did not separately is one of the many transportation compa- child’s birth certificate). Ms. Barras filed plead fraud. Notably, the court of appeal nies involved in the new wave of litiga- an exception of prescription, arguing that stated that her claim in the joint detailed tion involving the proper designation of under the version of La. R.S. 9:406 in ef- descriptive list that the property was com- workers as independent contractors or fect at the time of the acknowledgment, munity, contesting his claim that it was employees. This wave of litigation be- Mr. O’Rourke had two years from the date his separate property, was made after her gan with the surge of technology-based of the execution of the act of acknowledg- sworn descriptive list “expressly acknowl- transportation companies like Uber and ment to seek to annul it. He argued, how- edging” that the property was his separate Lyft and has extended to food-delivery ever, that the current version of La. R.S. property. Furthermore, the joint list was companies. 9:406 in effect at the time of his petition not sworn to but was signed only by the DoorDash, like many of its food-de- applied. attorneys, and “additionally the Joint DDL livery counterparts, designated its couri- The trial court granted her exception of appears to be a tool for the trial court to ers as independent contractors. Because prescription; however, the court of appeal use during the hearing, rather than a plead- of this designation, more than 6,000 reversed, finding that the legislative his- ing required by La. R.S. 9:2801.” DoorDash couriers filed demands for ar- tory showed that the amendment was ret- bitration against DoorDash, arguing they roactive and intended to revive claims that —David M. Prados were improperly categorized and should may have been prescribed under the prior Member, LSBA Family Law Section be employees. The American Arbitration version of the statute. The appellate court Lowe, Stein, Hoffman, Allweiss Association (AAA), the arbitration orga- found that as there was no biological re- & Hauver, L.L.P. nization listed in DoorDash’s agreement, lationship to be acknowledged, it was “il- Ste. 3600, 701 Poydras St. requires that the company pay a filing fee logical” to find that one who was deceived New Orleans, LA 70139-7735 of $1,900 for each arbitration. Because of into acknowledging a child that was not this, DoorDash owed just under $12 mil- biologically his could be prevented from lion for the couriers’ arbitration claims. attacking an acknowledgment as absolute Unsurprisingly, DoorDash fought against nullities are imprescriptible. Labor and paying these fees, arguing that it should Employment not have to pay the fees because of “sig- Community Property Law nificant deficiencies” in the claimants’ arbitration filings. Cola v. Cola, 19-0530 (La. App. 1 Cir. The claimants then filed a motion 12/27/19), 2019 WL 7207183. to compel arbitration in the Northern During the parties’ marriage, Mr. Cola Grass is Not Always District of California, arguing that they acquired immovable property, in which Greener: Downside to signed a binding arbitration agreement, act of acquisition Ms. Cola intervened, and so their arbitration demands were acknowledging that the property was his Binding Arbitration proper. For about 5,000 of these claim- separate property. She also intervened in ants, the court agreed and granted the Many attorneys, guided by the ben- the mortgage, again acknowledging that motion to compel. For 869 of the claim- efits and strengths of arbitration, en- the property was his separate property. ants, the court held that they did not pro- courage their clients to include binding During community-property-partition vide sufficient evidence to prove they arbitration provisions in their contracts proceedings, she did not list the property signed the arbitration agreement and so with employees, customers and others. as community on her sworn detailed de- denied the motion to compel as to them. There is little doubt that the streamlined scriptive list but sought a reimbursement DoorDash also sought a stay of the and cost-effective arbitration process for community funds used for the down proceedings until the final approval of a has many benefits and make it the best payment and subsequent mortgage pay- state court settlement that was pending at process for most situations. However, ments. He listed the property as his sepa- the time of the hearing and may have in- as can be seen in the case of Abernathy rate property on his sworn detailed de- cluded some of the claimants who sought v. DoorDash, Inc., recently issued by scriptive list. arbitration. Prior to the filing of these the U.S. District Court for the Northern Although she claimed she was de- arbitration claims, couriers, allegedly in- District of California, the strengths of frauded into signing the act of sale and cluding some of the claimants in the arbi- binding arbitration can come back to bite mortgage, she filed no separate pleading tration claims, filed a class-action lawsuit unsuspecting entities in the employment alleging fraud with particularity. The court in state court. The court recognized that, context. No. C 19-07545 WHA, 2020 of appeal affirmed the trial court’s finding ironically, DoorDash had previously at- WL 619785 (N.D. Cal. Feb. 10, 2020). that the property was Mr. Cola’s separate tempted to dismiss the state court suit, The North District of California’s deci- property, finding that the declarations in alleging the claimants had a duty to ar- sion presents a caveat to the overall ben- bitrate, and now was attempting to stay

Louisiana Bar Journal April / May 2020 448 Vol. 67, No. 6 www.lsba.org the arbitration so that the class-action binding arbitration agreements. Because should follow this case and consider lawsuit could resolve some of the claims of its efforts to contractually remove its outcome when determining whether raised in the arbitration. The Northern the possibility of class-action litigation binding arbitration agreements should be District of California held that the claim- and replace it with arbitration, the court applied to its employees. ants had the right to opt out of the class- showed little sympathy for DoorDash’s action suit and to raise the arbitration obligation to pay the $12 million in filing —Philip J. Giorlando claims, so the court denied the motion to fees for these arbitrations. Member, LSBA Labor and stay. However, the court recommended There is no doubt that arbitration is Employment Law Section that if any claimants attempt to “double a streamlined, cost-effective method of Breazeale, Sachse & Wilson, L.L.P. dip” in the class-action and the arbitra- getting just results for the vast majority Ste. 1500, 909 Poydras St. tion, the arbitrator should place an order of cases. Because of its truncated pro- New Orleans, LA 70112 on claimants’ counsel to fully reimburse cedural structure, arbitration removes DoorDash for all fees and costs incurred a number of expenses typically present in defending the matter twice. in traditional litigation. Moreover, ar- The court then concluded by reflect- bitration proceedings are usually better Mineral ing on the overarching issues that it be- able to remove frivolous or unaccept- lieved underlie the litigation before it. It able claims at the outset than traditional Law noted that businesses have consistently suits in court. Based on this, employers promoted binding arbitration clauses for and their attorneys should still seriously their employees, which normally include consider binding arbitration agreements a waiver of their right to join class-action as part of their employment contracts. litigation, and the irony of the efforts of With that said, this case presents one of Royalty Dispute; Motion DoorDash in this case. The court ob- the financial pitfalls possible when large to Dismiss for Lack of served that DoorDash sought the precise groups of arbitration claims arise all at collective-litigation framework it encour- once. Large employers with vast num- Personal Jurisdiction aged its employees to waive through its bers of employees in a single category Libersat v. Sundance Energy, Inc., ____ F. Supp. 3d ____, 2020 WL 548752 (W.D. La. Jan. 31, 2020). This case involves a royalty dispute ERISA / LONG TERM arising from a mineral lease located in McMullen County, Texas (Libersat lease). Plaintiffs are royalty owners liv- DISABILITY CLAIMS ing in Louisiana. Plaintiffs claim they were incorrectly paid royalties due to (DENIALS / ADMIN APPEALS / FEDERAL COURT) division orders based on a title opinion that did not accurately reflect record title. The Libersat lease was originally assigned to Clayton Williams Energy, Statewide, La and tX Inc. in 1984. Clayton Williams went to Louisiana to negotiate the lease with ver yearS ated plaintiffs. Later, Clayton Williams as- O 28 – av r signed its interest to Eagle Ford Shale Exploration, L.L.C. Eagle Ford Shale then assigned the lease to SEA Eagle Ford, L.L.C. SEA Eagle Ford is a single-member Texas limited liability J. Price McNamara Law Offices company. Its only member is Sundance Web: jpricemcnamara.com Energy, Inc. Sundance is a Colorado corporation. Sundance did not have an Email: [email protected] interest in the lease but was respon- sible for coordinating royalty pay- Baton Rouge: 225-201-8311 ments. Clayton Williams was eventu- ally acquired by Noble Energy, Inc., a Metairie: 504-458-8455 Delaware corporation with its principal

Louisiana Bar Journal April / May 2020 448 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 449 Vol. 67, No. 6 www.lsba.org place of business in Houston. In considering defendants’ motions, To prevail, plaintiffs had to show that After it acquired its interest in 2014, the district court analyzed whether it their claims arose out of defendants’ SEA Eagle commissioned a title opin- had general and specific jurisdiction jurisdictional contacts with the forum ion to determine the proper percent- over defendants and whether the Local state. Plaintiffs (again) attempted to rely age of royalty payable to each royalty Action Doctrine applied. On the issue on the actions of Clayton Williams, but owner. Sundance issued division orders of general jurisdiction, Sundance, SEA the court rejected this argument stat- based on the title opinion. Some own- Eagle and Noble argued that there was ing, “[h]ere, Plaintiffs’ claims arise out ers signed the division orders; others did no prima facie basis for the court to of royalty payments and alleged errors not. Mark Libersat and Roxanne Gilton exercise general jurisdiction because in the division orders . . ., not Clayton signed their division orders and were none of the defendants are incorporat- Williams’ or Clayton Williams Energy’s paid. But Gerald and Julie Libersat, ed in Louisiana, nor are their principal actions in negotiating and executing who later became plaintiffs, refused to places of business located in Louisiana. the Libersat Lease [in Louisiana] thirty sign their division orders because they Moreover, they contended that they do years earlier.” claimed the division orders showed the not have “continuous and systematic” On the issue of “Local Action wrong percentage of interest. contacts with Louisiana. In response, Doctrine,” the court found that it did not Sundance and SEA Eagle conducted plaintiffs argued that defendants did have to determine whether Louisiana additional title research and discov- have sufficient contacts with Louisiana actually adopted the doctrine because ered that the percentages were, in fact, because (1) Clayton Williams came to the court’s holding that it did not have wrong. Sundance and SEA Eagle then Louisiana to negotiate the lease, and personal jurisdiction over the defen- suspended royalty payments to all own- (2) Clayton Williams had long-stand- dants pretermitted the “Local Action ers who inherited their interests from ing business operations in Louisiana. Doctrine” claim. As a result of all of May Libersat. Sundance issued revised Plaintiffs argued that Williams’ con- this, the court granted defendants’ mo- division orders. According to plaintiffs, tacts, by operation of law, should be im- tions to dismiss and dismissed plaintiffs’ SEA Eagle and Sundance required plain- puted to defendants because defendants claims without prejudice. tiffs to indemnify them (defendants) for are assignees of Clayton Williams. The the prior erroneous royalty payments. If district court, however, held otherwise, —Keith B. Hall plaintiffs did not indemnify defendants, finding that general jurisdiction did not Member, LSBA Mineral Law Section then plaintiffs would not be paid. exist. The court noted that none of the Director, Mineral Law Institute SEA Eagle filed a lawsuit in Texas defendants were formed in Louisiana LSU Law Center state court against Mark Libersat and and none maintained their principal 1 E. Campus Dr. Roxanne Gilton, the two owners who places of business there. Moreover, Baton Rouge, LA 70803-1000 were paid royalties pursuant to the in- Sundance’s mailing of the division or- and correct division orders, claiming breach ders did not create “systematic and con- Colleen C. Jarrott of contract and unjust enrichment. tinuous” contacts with Louisiana. Member, LSBA Mineral Law Section Separately, Gerald and Julie Libersat Regarding specific jurisdiction, there Baker, Donelson, Bearman, filed suit in Vermilion Parish, Louisiana, again, the district court found plain- Caldwell & Berkowitz, P.C. against SEA Eagle and the other mineral tiffs did not meet their burden of proof. Ste. 3600, 201 St. Charles Ave. interest owners (including working-in- Plaintiffs could not show that defendants New Orleans, LA 70170-3600 terest owners and ORRI owners), claim- had minimum contacts with Louisiana. ing breach of the lease and bad faith. Plaintiffs stated in their petition that they did not have any evidence of wrongdo- ing by Clayton Williams and/or Noble Energy at the time of filing their lawsuit but sued them as necessary parties. SEA Eagle and Sundance successfully re- moved the case to the Western District of Louisiana on the basis of diversity ju- risdiction. Defendants moved to dismiss on the basis of lack of personal jurisdic- tion and claimed that the “Local Action Doctrine” prevented a federal court in Louisiana from hearing a case involving real property interests in Texas. Noble Energy also filed a motion to dismiss on the same grounds.

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800.443.7351 | maps-lrs.com | [email protected] Louisiana Bar Journal April / May 2020 450 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 451 Vol. 67, No. 6 www.lsba.org a case of ordinary negligence, and re- 2013, Mr. Brooks filed a panel request on versed the trial court’s decision granting Oct. 10, 2014, received the panel opinion defendant’s exception. on July 20, 2016, and thereafter filed a Professional The Supreme Court then disagreed, lawsuit on Oct, 5, 2016. The defendant Liability finding that allegations of “negligent filed an exception of prescription, claim- re-credentialing necessarily fall within ing that Brooks, having requested a panel the definition of ‘malpractice’ under one day before prescription, had 91 days the LMMA because they constitute an after receiving the opinion within which Re-Credentialing ‘unintentional tort . . . in the training to file a claim, after which his case was or supervision of health care provid- prescribed. Brooks countered that he was Thomas v. Reg’l Health Sys. of ers.’” To reconcile this holding with the unaware that malpractice was involved Acadiana, 19-00507 (La. 1/29/20), Billeaudeau court’s statement that “the in the death until he received the autopsy ____ So.3d ____, 2020 WL 500019. treatment-related medical decisions report on Dec. 19, 2013. He claimed (as A mother filed a request for panel re- and dereliction of skill with which the he had in his panel request) that after re- view and also concurrently filed a law- LMMA is concerned . . . fall under the ceiving the autopsy report, he researched suit against two hospitals for negligently ‘supervision and training of health care the disease and its symptoms and real- credentialing/re-credentialing and neg- providers’ once they enter the building ized that she was not correctly treated, ligently providing privileges to a pedi- and engage in the practice of medicine which he could not have earlier known. atric cardiologist. The defendants filed therein,” the Court distinguished the Dr. Meaux contended that prescription exceptions of prematurity, contending Thomas case on its facts “[t]o the extent runs one year from the date of death, but that the credentialing claim had to first that [the] plaintiff’s allegations against even if it did not commence at the time be presented to a medical-review panel. the hospital include the hospital’s initial of death, the death certificate, issued five The trial court noted that Billeaudeau v. credentialing . . . .” The Court reasoned: days after death, showed the same cause Opelousas General Hospital, 16-0846 “[A]sserting claims of ‘credentialing’ or of death as the autopsy report, and this (La. 10/19/16), 218 So.3d 513, was a ‘re-credentialing’ against a healthcare was sufficient to incite Brooks’ attention negligent credentialing case pending be- provider cannot be a talismanic incan- and for prescription to begin to run. fore the Louisiana Supreme Court at the tation that automatically excludes a The trial court granted the exception time the exceptions of prematurity were plaintiff’s claims from the strictures of of prescription. The appellate court re- filed and stayed the hearing on the ex- the LMMA. If that were so, all medical versed. It observed that the defendant’s ceptions until Billeaudeau was decided. malpractice plaintiffs could sidestep the argument that Brooks was aware of the Billeaudeau involved only a negli- statutory limitations of the LMMA.” cause of death, per the death certificate gent credentialing claim. The Supreme The Court then clarified that future that was in Brooks’ possession five days Court determined in Billeaudeau that the plaintiffs could continue to allege neg- after death, “conflate[d] knowledge of the negligent credentialing claim sounded ligent credentialing or re-credentialing cause of death with knowledge of alleged in general negligence rather than mal- claims that fall outside the LMMA if tortious conduct.” Damage is always ap- practice, while distinguishing the facts they “are not so intertwined with mal- parent from the moment of death, but an in Billeaudeau from cases involving practice claims.” The Court theorized awareness of damages does not cause “mixed allegations of negligent creden- that a plaintiff could pursue a claim prescription to run unless it is reason- tialing and supervision.” This led the against a healthcare provider under the able to recognize that the death might be Thomas trial court to grant the excep- LMMA, while also alleging a negligent treatment-related. The court thus found tions of prematurity. credentialing claim against the hospi- that Mr. Brooks “was reasonable in not The appellate court opinion noted that tal that is totally unrelated to medical having recognized the alleged connec- the “narrow question” of Thomas was care, but instead involves the healthcare tion” between his wife’s death and the whether re-credentialing differed from provider’s negligent conduct as a hospi- defendant’s treatment until he received “initial credentialing.” See, Thomas tal employee, concluding that no such the autopsy report and thereafter read a v. Reg’l Health Sys. of Acadiana, 18- claims were alleged in this case. MedLine article that was attached to the 0215 (La. App. 3 Cir. 2/27/19), 266 There were four additional opinions: autopsy report. The exception of pre- So.3d 354, 358. The defendants argued two concurring and two dissenting. scription was denied. that re-credentialing differed because it —Robert J. David “implicates a peer review and supervi- Prescription Gainsburgh, Benjamin, David, sion component such as to fall within Meunier & Warshauer, L.L.C. the gambit of medical malpractice.” The Brooks v. Meaux, 18-0980 (La. App. 3 Ste. 2800, 1100 Poydras St. appellate court ruled that hiring and cre- Cir. 6/12/19), 275 So.3d 41, writ denied, New Orleans, LA 70163-2800 dentialing are identical to retention and 19-1135 (La. 10/8/19), 280 So.3d 590. re-credentialing, declared Thomas to be After his wife’s death on Oct. 11,

Louisiana Bar Journal April / May 2020 452 Vol. 67, No. 6 www.lsba.org It’s Time to Book a Listing in One price gets ho s ho in you in the print ‘W ’ W directory and ADR 2020’ on the Web! View the 2019 directory at The print version of the directory for arbitrators and mediators will be mailed with the October/November 2020 Louisiana Bar Journal. www.lsba.org/goto/ adrdirectory For the one low price of $125, your listing is first published in the print directory, then the directory is uploaded to the LSBA website in interactive PDF format (email addresses and website URLs are activated and instantly accessible). The Web version of the directory remains active for one full year!

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 as a high- resolution .jpg (at least 300 DPI at 4 inches wide). DO NOT submit digital photographs embedded in word processing programs; send the photograph as a separate file. High-resolution digital photos work best.

Deadline is July 24 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. 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 by email at [email protected] or by phone (504)619-0112 or (800)421-5722, ext. 112.

Louisiana Bar Journal April / May 2020 452 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 453 Vol. 67, No. 6 www.lsba.org declaring the assessment null and void, Collector’s Summary and/or inaccurate and improperly calcu- lated. Collector filed peremptory excep- Proceedings Taxation tions of peremption, no cause of action Deemed Abandoned; and no right of action, and a declina- tory exception of lack of subject matter Marketplace Facilitators jurisdiction. The trial court sustained Not “Dealers” Collector’s exceptions and dismissed the Taxpayer Must Pay petition with prejudice. The trial court Normand v. Wal-Mart.com USA, found there was no possible way for L.L.C., 19-0263 (La. 1/29/20), ____ Under Protest to Seek Taxpayer to cure any pleading defects So.3d ____, 2020 WL 499760. Declaratory Judgment given Taxpayer did not respond to the The sales tax collector for Jefferson assessment within 30 calendar days to Parish (Collector) filed a tax rule on Bliss v. Lafayette Parish Sch. Bd. Sales protest or appeal the assessment in any Feb. 16, 2017, against Wal-Mart.com Tax Div., 19-0186 (La. App. 3 Cir. of the manners specifically enumerated USA, L.L.C., for taxes estimated and as- 12/18/19), 284 So.3d 703. by law. sessed in the amount of $1,896,882.15. Herbert Bliss operated as a sole On appeal, Taxpayer asserted the It contended Wal-Mart should have col- proprietorship doing business under hearing was not fair because no examina- lected the taxes on sales made by third- the trade name, “Cork’s Automotive” tion was made, no testimony was offered party sellers on its marketplace website. (Taxpayer). Taxpayer makes repairs to and no record was created. Taxpayer as- The trial court held that Wal-Mart was automobiles for customers in Lafayette serted, because such did not take place contractually required to “collect all Parish. The Lafayette Parish School before the issuance of the assessment, proceeds from such transactions” for Board (Collector) conducted a sales- Taxpayer was not required to pay un- third-party sellers, which included sales and-use-tax audit of Taxpayer, which der protest before seeking a declaratory tax, and it ordered Wal-Mart to pay revealed a tax deficiency. Collector, pur- judgment. The 3rd Circuit held the pre- $137,944.25 in tax with penalties, in- suant to La. R.S. 47:337.48(B), issued assessment procedure was proper and terest and attorney fees. (Evidence pro- Taxpayer a 30-day Notice of Intent to noted hearings are not defined by statute duced at trial showed the actual value of Assess. and no specific format is provided. The the marketplace third-party sales, which In response, Taxpayer requested a 3rd Circuit found the hearing was fair as: was a great deal less than estimated.) hearing pursuant to La. R.S. 47:337.49 (1) it took place in person at Taxpayer’s The appeal court affirmed the trial and sought to protest the findings. A counsel’s office; (2) Taxpayer’s counsel court’s decision and noticed the judgment hearing took place at Taxpayer’s coun- made arguments on behalf of Taxpayer; on Dec. 27, 2018. When Wal-Mart applied sel’s office. Collector’s auditor appeared (3) Taxpayer admitted there was a dis- for writs on Feb. 14, 2019, the Collector on behalf of Collector. Taxpayer’s coun- cussion between the Collector’s audi- contended the writ application was too sel advised at the hearing that supple- tor and Taxpayer’s counsel; and (4) the late because Wal-Mart had only 30 days mental information would be provided hearing was with the Collector’s auditor from notice of judgment under the sum- in the next five business days. Thereafter, who was in charge of holding the hear- mary procedure at La. R.S. 47:337.61(3). Collector twice extended Taxpayer’s ing, reviewing supplemental documen- In denying the Collector’s motion to dis- deadline to produce the supplemental tation and rendering a final determina- miss, the Supreme Court held that the information. tion. Further, Collector twice extended Collector waived its right to require the After receipt and review of the sup- the deadline to produce supplemental strict adherence to the summary proceed- plemental records provided by Taxpayer, records. The 3rd Circuit held Taxpayer ings deadlines. In so holding, the Court Collector made its final determination failed to properly protest or appeal the noted several departures from the summa- and issued a “Notice of Assessment and assessment in any of the manners spe- ry procedure — the initial trial court hear- Right to Appeal” to Taxpayer notifying cifically enumerated by law. The 3rd ing was not held within 10 days of notice; Taxpayer that “he has thirty calendar Circuit found no error in the trial court’s the actual trial did not commence until days from the date of the notice to do any ruling that Taxpayer was first required to five months later and took three months to of the following: (a) Pay the amount of pay the amounts assessed under protest, conclude; the trial court decision was ren- the assessment; (b) Appeal to the Board which Taxpayer failed to do. dered four months after the trial concluded of Tax Appeals for redetermination of instead of 48 hours; the appeal record was the assessment; or (c) Pay under protest —Antonio Charles Ferachi prepared in 49 days instead of 15 days; . . . and then either file suit or file a peti- Member, LSBA Taxation Section and the appellate decision was rendered tion with the Board of Tax Appeals . . . .” Director, Litigation Division 77 days after oral argument and 297 days Taxpayer received the assessment. Louisiana Department of Revenue after the motion for appeal instead of the In response, Taxpayer filed suit in 617 North Third St. 48 hours from submission. the district court, seeking a judgment Baton Rouge, LA 70821 Then free to consider the res nova

Louisiana Bar Journal April / May 2020 454 Vol. 67, No. 6 www.lsba.org issue before the Court, it held that purchaser. An online marketplace included in the definition of “dealer,” Wal-Mart was not a “dealer” under La. in its role as a facilitator for sales there would be no need for the auction- R.S. 47: 301(4)(l) and, therefore, not of third party retailers does not eer law. Stated another way, tax collec- required to collect the sales tax on its fall in these groups. tors could not require marketplace fa- marketplace website by third-party sell- cilitators to collect sales tax so long as ers under La. R.S. 47:337.17. The Court Id. at *11. The Court found addition- no law mandated their duty to do so like acknowledged the broad definition of al support for its conclusion that Wal- that for auctioneers. “dealer,” but stated: Mart was not “the” dealer in tax regula- Justice Johnson dissented on the tions that contemplate the existence of ground that she would hold Wal-Mart [I]it is the seller of merchandise, a lone dealer in a retail sale transaction. to be a dealer responsible for collecting the performer of taxable services, L.A.C. 61:I.4303, 61:I.4307(A)(1), and the sales taxes. Justice Hughes dissented and the rentor or lessor of prop- 61:I.4311. Lastly, the Court observed and would have dismissed the appeal for erty as parties to the underlying that special legislation existed to require the untimeliness of the writ application. transactions that are liable for col- tax collection by auctioneers who con- lection of the tax. The statutory duct and consummate a sale for a third —Nicole Gould Frey and regulatory scheme does not party under La. R.S. 47:303(C) and Member, LSBA Taxation Section contemplate the existence of more 337.15(C) and L.A.C. 61:I.4307(C). Breazeale, Sachse & Wilson, L.L.P. than one dealer that would be ob- The Court stated that, if marketplace fa- One American Place, 23rd Floor ligated to collect sales tax from a cilitators and auctioneers were already Baton Rouge, LA 70821-3197

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Louisiana Bar Journal April / May 2020 454 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 455 Vol. 67, No. 6 www.lsba.org Young LAWYERS CHAIR’S MESSAGE... SPOTLIGHT

inventing the wheel each year. Last year, CHAIR’S MESSAGE during our strategic planning session, we threw out the old “service arm of the Bar” mantra and adopted a new one: the YLD is an Essential Part of YLD is an essential part of the young lawyer journey. We also decided to start the Young Lawyer Journey advocating, not just programming. Our new mantra led us to take posi- By Scott L. Sternberg tions, either individually or collectively, on issues such as JLAP, CLE require- ments for young lawyers, and encour- aging lactation rooms in courthouses. colleague of mine once told a mitted to being pas- Furthermore, through education, net- CLE I was attending words I sionate advocates working and meaningful opportunities now often share: your career for young lawyers for community service, the YLD contin- journey only looks like a across our state. ues a proud tradition of programming. pathA if you turn around. This portion And they will work The YLD now has a culture of account- of my journey is ending. This is my together — not just ability and sustained agreement that the last Chair’s Message, and my term as in single years — to job of chair is not just one person, but chair of the Young Lawyers Division achieve collective a group of individuals who each take a (YLD) is coming to an end. It has been goals and fulfill our Scott L. Sternberg term at the helm. an honor to represent you. It has been a mission. What lesson can be learned here? I long road — because, in reality, being The YLD’s years suggest to you that whatever organiza- the YLD chair is no longer a one-year of improvement started with pointed tion you may be involved in, or even job, thanks to some good friends and a recruitment years ago by former chairs your firm or practice group, can benefit group of willing servant-leaders with the and involved members of the Council. from strategic planning. The strategic foresight to think big and think ahead. Finding involved, energetic young law- planning session the YLD Council and This year, the YLD furthered the yers with the time to volunteer and repre- the LSBA Board of Governors partici- mission we set upon last year to become sent the young lawyers around our state pated in last year was incredibly impor- an essential part of the young lawyer can be a challenge. Many of our elections tant to ensuring the goals of the Bar are journey. Our Wills for Heroes Program are uncontested. Consider running next both in line with our members and in is booming thanks to Betty Maury and time! Competition breeds excellence. service to our profession. Loren Shanklin. Our second Young For many years, the YLD was re- And now, my time is up. But, thanks Lawyers Conference was a success un- ferred to solely as the “service arm” of to the tone set just a few years ago, this der the leadership of Graham Ryan and the Bar. This mantra was premised on year will not be the end for my service, Dani Borel. Our Mock Trial Program the idea that young lawyers were more nor was it my first turn at the wheel. continues to provide an amazing op- capable of performing service to the I look forward to one more year on portunity in skills development for high Bar, and to the community, than their the YLD Council and am looking for- school students around the state. But older counterparts. Of course, we all ward to representing all of the lawyers perhaps most importantly, as a Council, know this is not the case. Young lawyers of Orleans Parish on the LSBA Board we have taken on issues important to are just as busy as older lawyers. of Governors for the next three years. you and to us. Four years ago, Brad Tate, Dylan There, I’ll serve with numerous former You can expect more of the same in Thriffiley and I sat down and talked YLD chairs. We will continue repre- the future. Our next chair, Carrie Jones, about what the YLD could, and should, senting you, the future of this Bar, with is a thoughtful advocate for you and for be. We agreed to include each other in vigor and respect. me. Her successors, first Graham Ryan decision making, and the result was a Thank you again, and good luck to and then Dani Borel, are similarly com- YLD Executive Board that wasn’t re- us all.

Louisiana Bar Journal April / May 2020 456 Vol. 67, No. 6 www.lsba.org 2021 EXPERT WITNESS, CONSULTANT AND LEGAL SERVICES DIRECTORY

The Louisiana State Bar Association is publishing its Expert Witness, Consultant and Legal Services Directory. The supplement FREE to the Louisiana Bar Journal will be printed separately and shrink- text listing in December wrapped for mailing with the December 2020/January 2021 Louisiana Louisiana Bar Journal Bar Journal. The directory is published annually, guaranteeing a year’s worth of exposure in print and on the LSBA Web site. Service ! Directory ► Reach 21,000+ practicing attorneys Act Now ► Listings indexed THREE ways:

alphabetical, geographical & by category 2020 EXPERT WITNESS, CONSULTANT & LEGAL ► View last year’s publication at SERVICES DIRECTORY

www.lsba.org/expertwitness Technical Details ► Publication size: 8 ½ inches wide x 10 7/8 inches tall ½-page display ad...... 3.5 inches wide x 9.5 inches tall ½-page CV ad...... 300 words max, not including contact info Full-page display ad. . .7.25 inches wide x 9.5 inches tall (no bleeds!) Full-page CV ad...... 600 words max, not including contact info Supplement to Louisiana Bar Journal

► Display ads must be provided camera-ready in PDF format. Supplement to the Louisiana Bar Journal 1 ► For text/CV ads, supply text in an editable word-processing format. ► For CV ads, submit original or digital headshot photos separately from the text, in .jpg or .tif format (high-resolution digital photos of at least 300 dpi work best). ► E-mail or mail ads on a disk to the addresses provided below. ► DON’T FORGET TO PROVIDE YOUR 5 INDEXING CATEGORIES. Contact Info, Deadlines & Pricing To reserve space in the directory, mail and/or e-mail your display ad or text listing/photo, contact Krystal Bellanger Rodriguez via email at [email protected] and mail check (payable to the Louisiana State Bar Association) to: Communications Assistant Krystal Bellanger Rodriguez Louisiana State Bar Association, 601 St. Charles Ave., New Orleans, LA 70130-3404 If you prefer to charge your listing (Visa, Mastercard or Discover only), please call (504)619-0131 or (800)421-5722, ext. 131. Early Bird Deadline Final Deadline EARLY-BIRD SPECIAL! Sept. 4, 2020 Oct. 18, 2020 ½-page, black & white ...... $425...... $500 Book your ad by Sept. 4 ½-page, color...... $475...... $760 & add FULL color for only Full-page, black & white...... $750...... $900 $100/Full page or $50/Half page Full-page, color ...... $850...... $1135 Contact Krystal for details! For more information, visit www.lsba.org/expertwitness

Louisiana Bar Journal April / May 2020 456 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 457 Vol. 67, No. 6 www.lsba.org YOUNG LAWYERS SPOTLIGHT Recently, he ap- 2016-17 Leadership LSBA Class. Micah C. Zeno plied to become an In 2016, Zeno served as the presiding New Orleans arbitrator with the judge over the Law School Mock Trial Financial Industry Competition and was a member of the The Louisiana State Bar Regulatory Law School Outreach Committee. Since Association’s Young Lawyers Division Authority (approv- 2016, he has lectured at the Suit Up for Council is spotlighting New Orleans at- al pending) and is the Future Summer Legal Institute and the torney Micah C. Zeno. studying for the Law School Professionalism Orientations. Zeno is a civil litigator in the membership exam He volunteers as a judge at the State High New Orleans office of Gordon Arata for the National Micah C. Zeno School Mock Trial Competition and is Montgomery Barnett McCollam Duplantis Association of a speaker with the Louisiana Center for & Eagan, L.L.C. His practice includes Parliamentarians. Law and Civic Education’s Lawyers in complex litigation, appellate practice, He is a member of the Louisiana State the Classroom Program. civil procedure, property law, commercial Law Institute and has served in various Zeno is a member of the Federal litigation and risk management. A former positions with the Louisiana State Bar Bar Association’s Younger Lawyers banker, he also provides businesses with Association (LSBA). He is a co-chair Division where he serves as chair of the advice on a variety of issues. He is one of of the LSBA’s Outreach Committee and Communications Committee and a mem- the last attorneys to have voluntarily joined a member of the Diversity Committee. ber of the Law School Committee. He the State Bar as a law school student. He is In 2019, he served on the Access to also is immediate past co-chair of the a former law clerk for Judge June Berry Justice Commission Strategic Planning Young Lawyers Committee of the Louis Darensburg, 24th Judicial District Court. Committee. He was a member of the A. Martinet Legal Society, Inc. Protecting Those Who Protect Us®

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The Louisiana Wills for Heroes program is a way for lawyers to support and salute the important work of first responders. For more information about the Lawyers provide free wills and other estate Louisiana Wills for Heroes program, documents to first responders and also to view upcoming program event dates their spouses or domestic partners. or to register as a volunteer, please visit www.lsba.org/yld/willsforheroes.aspx Louisiana has provided hundreds of first or contact Louisiana Wills for Heroes responders with wills, thanks to the efforts committee chairs Betty Ann Maury of the Louisiana State Bar Association or Loren Shanklin Fleshman. Young Lawyers Division.

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Louisiana Bar Journal April / May 2020 458 Vol. 67, No. 6 www.lsba.org JUDICIALNotes By Trina S. Vincent, Louisiana Supreme Court NEW JUDGES... APPOINTMENTS

New Judges Bryan D. Retirements Haggerty was elect- Marla M. Abel ed judge, Slidell City ► 22nd Judicial District Court Division was elected judge, Court. He earned a F Judge Martin E. Coady retired effective Division C, 17th bachelor’s degree in Jan. 1. He earned a bachelor’s degree in Judicial District 1980 and a master’s 1971 from the University of Southwestern Court. She earned a degree in 1990 from Louisiana and his JD degree in 1974 from bachelor’s degree in Loyola University Tulane University Law School. He was 2008 from Georgia and his JD degree in elected to the 22nd JDC in 1990 and served Southern University 1999 from Loyola Bryan D. Haggerty until his retirement in 2019. Prior to his and her JD de- University College election to the bench, he was a partner in gree in 2011 from Marla M. Abel of Law. He began private practice in 1999 the firm of Fritchie, Cochran, Caire, Coady Mississippi College and was Slidell city attorney from 2011 & Dragon from 1980-90. He was a partner School of Law. She is currently the 17th until his election to the bench. Prior to in the firm of Berrigan, Strain & Coady Judicial District’s representative to the working in private practice, he served in from 1976-80 and an associate in the firm Louisiana State Bar Association’s House the U.S. Air Force. Judge Haggerty is mar- of Alford & Berrigan from 1974-76. of Delegates, a Louisiana Bar Foundation ried to Sherlene Haggerty and they are the ► Slidell City Court Judge James R.E. Fellow and a member of the Louisiana Bar parents of three adult children. (Jim) Lamz retired effective Jan. 1. He Foundation’s Bayou Region Community Vincent J. Lobello was elected judge, earned a bachelor’s degree in 1976 from Partnership Panel. Prior to her election Division F, 22nd Loyola University and his JD degree in to the bench, she was an associate in the Judicial District Court. 1979 from Loyola University College of Thibodaux office of Porteous, Hainkel & He earned a bach- Law. Before his election to the Slidell City Johnson, L.L.P. Judge Abel is married to elor’s degree in 1992 Court in 2004, he was an attorney for the attorney William N. Abel. from the University of Slidell Airport Authority and the Slidell Ronald R. Southern Mississippi Housing Authority. He worked in general Johnson was elect- and his JD degree in law practice in St. Tammany Parish from ed judge, Election 1999 from Loyola 1980-85 and 1991-2004 and as a trial Section 2, Division L, University College of attorney in Orleans, Jefferson and St. 19th Judicial District Law. He worked as a Vincent J. Lobello Tammany parishes from 1985-1991. He Court. He earned a law clerk at G. Brice was named Judge of the Year by Louisiana bachelor’s degree in Jones Attorney at Law from 1997-99 and at Court-Appointed Special Advocates 1977 from Southern Egan, Johnson & Stiltner from January-May (CASA) in 2018. University A&M, 1999. He was a partner at Wynne, Goux & his JD degree in Ronald R. Johnson Lobello, Attorneys at Law, L.L.C., from 2004 Deaths 1984 from Southern until his election to the bench. He is the father University Law Center and a master’s de- of two daughters. ► Retired 1st Circuit Court of Appeal gree in 2005 from Christian Bible College. Chief Judge Melvin A. Shortess, 86, died He worked as an attorney at Johnson & Appointments Jan. 3. He earned a bachelor’s degree in Lavergne Law Offices from 1984-87 and as 1955 from Louisiana State University an assistant attorney general at the Louisiana ► Professor Alfreda S. Diamond, and his JD degree in 1958 from LSU Law Department of Justice from 1987-89. He Susan Perret Des Ormeaux and Paula Center. He was elected as a Baton Rouge served as District 5 representative on the Hartley Clayton were appointed, by order city judge, Division A, in 1967 and reelect- East Baton Rouge Parish School Board. of the Louisiana Supreme Court, to the ed in 1968. He was appointed to the 19th He was a partner at Johnson & Associates Louisiana Attorney Disciplinary Board for Judicial District Court, Division D, in 1969 from 1984 until his election to the 19th JDC. terms of office which began Jan. 1 and will and elected to complete Judge Coleman Judge Johnson is married to Andrea Johnson end on Dec. 31, 2022. Lindsay’s term in 1970. He was reelect- and has five daughters. ed without opposition in 1972 and 1979.

Louisiana Bar Journal April / May 2020 458 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 459 Vol. 67, No. 6 www.lsba.org In 1982, he was elected to the 1st Circuit Dec. 26, 2019. He attended Louisiana ► Retired 36th Judicial District Court Court of Appeal and reelected in 1991. State University prior to serving in the Chief Judge Stuart S. Kay, Jr., 80, died Upon Chief Justice John A. Dixon, Jr.’s U.S. Navy from 1944-46. He attended Jan. 13. He earned a bachelor’s degree retirement from the Louisiana Supreme McNeese State University upon his re- in 1961 from Louisiana State University Court, Judge Shortess was appointed judge turn and later earned his LL.B. degree and his JD degree in 1964 from LSU pro tempore in 1990. He represented the in 1950 from LSU Law Center. From Law Center. He practiced with the fam- 2nd District for two years until the elec- 1951-53, he served as assistant U.S. at- ily firm of Kay & Stewart for 25 years tion of Justice Pike Hall, Jr. He returned torney for the U.S. District Court, Western before his election to serve as DeRidder to the 1st Circuit Court of Appeal, serving District of Louisiana. He was a member City Court judge in 1983. He was elected as chief judge in 1998 and 2000 until he of LeCompte, Hall & Coltharp Law Firm judge of the 36th JDC in 1991 where he retired later that same year. where he remained until his election to the served until his retirement in 2008. ► Retired 36th Judicial District Court 36th JDC bench in 1976. He retired from Judge Leland Homer Coltharp, 93, died the 36th JDC in 1990. VOLUNTEERS NEEDED LA.FreeLegalAnswers.org A FREE online forum for civil legal questions

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Louisiana Bar Journal April / May 2020 460 Vol. 67, No. 6 www.lsba.org PEOPLE LAWYERS ON THE MOVE . . . NEWSMAKERS

Boyer, Hebert, Abels & Angelle, L.L.C., was promoted to member, both in the New LAWYERS ON with offices in Breaux Bridge and Orleans office. THE MOVE Denham Springs, announces the new name of the firm is Boyer, Hebert, Caruso Robert C. Chapman, Jr. and Duray Adams and Reese, L.L.P., announces that & Angelle, L.L.C., after partner Brian K. A. Oubre announce the opening of their Grant J. Guillot has been elected to partner Abels was elected as judge in 21st Judicial law office at Ste. F, 15959 Hewwood in the Baton Rouge office and Matthew C. District Court. Denham Springs attorney Ave., Baton Rouge, LA 70816; phone Guy and G. Robert Parrott II have been A. Todd Caruso joined the firm as partner. (225)341-5919; email info@chapmanou- elected to partner in the New Orleans of- F. Dominic Amato was promoted to part- brelaw.com. fice. Also, Edwin C. Laizer, a partner in ner and will head the firm’s new office in the New Orleans office, was named to the Watson. The Commission on Legal Defense for firm’s Executive Committee. the State of North Dakota announces Breazeale, Sachse & Wilson, L.L.P., an- that Donald A. Sauviac, Jr. has been Baker, Donelson, Bearman, Caldwell nounces that Danielle L. Borel has been named the chief public defender for the & Berkowitz, P.C., announces that J. named partner in the Baton Rouge office. North West Division serving Williston, Alexandra Bruce has joined the firm’s McKenzie and Divide counties in the New Orleans office as an associate. Also, Caffery, Oubre, Campbell & Garrison, Bakken oil region. Steven F. Griffith, Jr., a shareholder in the L.L.P., announces that Lauren Camel firm’s New Orleans office, was elected as Begneaud has become a partner in the Faircloth Melton Sobel & Bash, L.L.C., a member of the firm’s board of directors. firm’s Lafayette office. announces that Mary Katherine Price, Christopher M. Chesne and Richard Erick Barrasso Usdin Kupperman Freeman & Carver, Darden, Koretzky, Tessier, Finn, Norem III have joined the firm as associ- Sarver, L.L.C., in New Orleans announces Blossman & Areaux, L.L.C., announces ates in the Alexandria office. that Craig R. Isenberg has been named that Peter J. Segrist was promoted to managing partner of the firm. partner and Emily Lippold Gummer

Richard J. Arsenault Jessica D. Bach Kristin L. Beckman Wilton E. Bland IV Danielle L. Borel Austin G. Brackett

Allison S. Brouk Charity N. Bruce Maresh P. Campbell Laura C. Cannon Robert C. Trevor M. Cutaiar Chapman, Jr.

Louisiana Bar Journal April / May 2020 460 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 461 Vol. 67, No. 6 www.lsba.org Hargrove, Smelley & Strickland, A.P.L.C., Rouge office and Shannon S. Sale in the in Shreveport announces that Parker W. New Orleans office have been promoted Pipes Miles Beckman, L.L.C., in New Maxwell has joined the firm as a share- to of counsel. Orleans announces that Susan M. Rogge, holder. Kelsey L. Meeks, Laura C. Cannon, Jane Faia Mentz and Scott R. Simmons Patrick J. Lorio, Emily E. Ross and Kanner & Whiteley, L.L.C., in New announce the opening of their law firm, Laura S. Gravener have joined the firm. Orleans announces that Allison S. Brouk Mentz | Simmons Law Group, L.L.C., has become a partner and Katherine B. with its own in-house title company, The Rathborne Companies in Harvey an- Wells as joined the firm as an associate. Monarch Title, L.L.C., located in the nounces that Jeffrey W. Peters has joined Docks of the American Can Company in the company as executive vice president. King & Jurgens, L.L.C., announces that Mid City New Orleans, Ste. 105, 3700 Carolyn S. Buckley and Jedd S. Malish Orleans Ave., New Orleans, LA 70119; Sessions, Fishman, Nathan & Israel, have been named members in the New phone (504)766-6786; www.mentzsim- L.L.C., announces that Stephanie Graf Orleans office. monslaw.com. Gamble has become a member in the firm’s New Orleans office. Jessica D. Liskow & Lewis, A.P.L.C., announces Mouledoux, Bland, Legrand & Brackett, Bach has joined the firm’s New Orleans the election of five new shareholders — L.L.C., in New Orleans announces office. Laura S. Brown, Jonathan J. Fox, Randy that Austin G. Brackett, Maresh P. J. Marse, Jr. and Tyler D. Trew in the New Campbell and Joseph S. Trytten have Sternberg, Naccari & White, L.L.C., an- Orleans office; and Court C. Van Tassell in joined the firm as associates. Michael J. nounces that Charity N. Bruce and Abid the Lafayette office. O’Brien, Jr. has joined the firm as spe- Hussain have joined the firm’s New cial counsel. Also, Trevor M. Cutaiar, Orleans office. Louisiana State University Paul M. Wilton E. Bland IV, Daniel P. Sullivan Hebert Law Center in Baton Rouge an- and Eric W. Sella have been elected Stone Pigman Walther Wittmann, L.L.C., nounces that Professor Keith B. Hall has members of the firm. announces that Erin E. Kriksciun has be- been appointed director of the LSU John come a member in the firm’s New Orleans P. Laborde Energy Law Center. H. Minor Pipes III, Stephen L. Miles, office. Kristin L. Beckman and Catherine F. McGlinchey Stafford, P.L.L.C., announc- Giarrusso announce the founding of Taylor Porter Brooks & Phillips, L.L.P., es the promotion of attorneys to members their firm, Pipes Miles Beckman, L.L.C. announces that Ryan K. French, John A. (partners) — Zelma M. Frederick in the The office is located at Ste. 1800, 1100 Milazzo, Jr. and V. Trey Tumminello III Baton Rouge office, and Hillary Barnett Poydras St., New Orleans, LA 70163; have been elected to partner in the Baton Lambert in the New Orleans office. Also, phone (504)322-7070; website https:// Rouge office. Christopher S. Nichols in the Baton pipesmiles.com.

Blake R. David Ryan K. French Stephanie Graf Catherine F. Laura S. Gravener Emily Lippold Gamble Giarrusso Gummer

Keith B. Hall Steven E. Hayes Fred L. Herman Abid Hussain Craig R. Isenberg Patrick J. Lorio

Louisiana Bar Journal April / May 2020 462 Vol. 67, No. 6 www.lsba.org NEWSMAKERSNEWSMAKERS was selected to serve on the Lafayette Elliott, Meredith S. Grabill, Benjamin W. Economic Development Authority Board Kadden, Rose McCabe LeBreton, Stewart Richard J. Arsenault, a partner in the of Commissioners by the Lafayette City F. Peck, Seth A. Schmeeckle, Shaundra M. Alexandria firm of Neblett, Beard & Parish Council. LEDA works to promote Schudmak, David B. Sharpe, S. Rodger Arsenault, taught a complex litigation the economic health of Lafayette Parish. Wheaton, Jr. and Kristopher T. Wilson. class at the University of Texas Fall Colloquium. For more than 25 years, he R. Marshall Grodner, a member in the Louisiana Super Lawyers 2020 has been recognized by the Best Lawyers Baton Rouge office of McGlinchey Adams and Reese, L.L.P. (Baton in America for admiralty and maritime Stafford, P.L.L.C., was named chair of Rouge, New Orleans): Mark R. Beebe, law and mass tort litigation/class actions. the American Bar Association Business Charles A. Cerise, Jr., Robin B. Cheatham, Law Section’s Commercial Finance John M. Duck, Brooke Duncan III, A. Kirk A. Todd Caruso, a partner in the Denham Committee. Gasperecz, William B. Gaudet, Charles Springs office of Boyer, Hebert, Caruso & F. Gay, Jr., Matthew C. Guy, Edwin Angelle, L.L.C., was elected board chair Taylor Porter Brooks & Phillips, L.L.P., C. Laizer, Leslie A. Lanusse, Don S. for the Livingston Parish Chamber of attorneys Rick J. Norman, Jr., Joe Norman McKinney, Elizabeth A. Roussel, E. Paige Commerce. He also serves as magistrate and Jud Norman authored the 2020 edition Sensenbrenner, Martin A. Stern, Mark C. judge for the City of Walker. of Louisiana Employment Law (Thomson Surprenant and Raymond P. Ward; and Reuters). Rising Stars Scott R. Cheatham, Kellen J. Rudy J. Cerone, a member (partner) in Mathews, G. Robert Parrot II and Sara C. the New Orleans office of McGlinchey Taylor Porter Brooks & Phillips, L.L.P., Valentine. Stafford, P.L.L.C., received the 2019 attorneys Rebecca M. Hinton and Justin Baker, Donelson, Bearman, Turnaround Management Association’s T, Mannino, both in the Baton Rouge of- Caldwell & Berkowitz, P.C. (Baton “Mid-Size Company Turnaround of the fice, achieved the Martindale-Hubbell AV Rouge, Mandeville, New Orleans): Year” Award for his work with Acadiana preeminent rating. Jennifer L. Anderson, Edward H. Arnold Management Group. III, Brian M. Ballay, Alton E. Bayard III, PUBLICATIONSPUBLICATIONS Phyllis G. Cancienne, Roy C. Cheatwood, Joseph C. Chautin III, managing part- Christopher O. Davis, Nancy Scott Degan, ner of Hardy, Carey, Chautin & Balkin, Best Lawyers in America 2020 Donna D. Fraiche, Mark W. Frilot, Steven L.L.P., in Mandeville, was named as one Neblett, Beard & Arsenault F. Griffith, Jr., Jan M. Hayden, Colleen of the nation’s 10 best attorneys as voted (Alexandria): Richard J. Arsenault. C. Jarrott, Kenneth M. Klemm, Amelia on by RBR&TVBR readers. Lugenbuhl, Wheaton, Peck, Rankin Williams Koch, Kent A. Lambert, Jon & Hubbard (New Orleans): Ashley L. F. Leyens, Jr., Alexander M. McIntyre, Blake R. David, founding partner Belleau, Christopher T. Caplinger, Stanley Jr., Patricia B. McMurray, Mark W. of Broussard & David in Lafayette, J. Cohn, Elia Diaz-Yaeger, Celeste D. Mercante, Matthew A. Woolf and Adam

Parker W. Maxwell Kelsey L. Meeks Jane Faia Mentz Conrad Meyer IV John A. Milazzo, Jr. Stephen L. Miles

Michael J. Duray A. Oubre H. Minor Pipes III Patrick K. Reso Susan M. Rogge Emily E. Ross O’Brien, Jr.

Louisiana Bar Journal April / May 2020 462 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 463 Vol. 67, No. 6 www.lsba.org B. Zuckerman; and Rising Stars Laura Young. Harry J. (Skip) Philips, Jr., Fredrick R. E. Carlisle, Meghan E. Carter, Katie L. King & Jurgens, L.L.C. (New Tulley and Michael S. Walsh; and Rising Dysart, Matthew R. Emmons, Paula Orleans): Robert J. Burvant, J. Grant Stars Ryan K. French, Laura R. Hadden, Estrada de Martin, Camalla K. Guyton, Coleman, George B. (Jack) Jurgens III, Erin Sayes Kenny, Blue Loupe and L. Christopher M. Hannan, Kristen L. Hayes, Henry A. King and Douglas P. Matthews. Adam Thames. Erin Pelleteri Howser, Benjamin West McGlinchey Stafford, P.L.L.C. Janke, Matthew C. Juneau, Elizabeth A. (Baton Rouge, New Orleans): Ricardo Liner, Lacey E. Rochester and Tessa P. (Richard) A. Aguilar, Rudy J. Aguilar, People Deadlines Vorhaben. Jr., Stephen P. Beiser, Magdalen Blessey Baldwin Haspel Burke & Mayer, Bickford, Rudy J. Cerone, Larry Feldman, & Notes L.L.C. (New Orleans): David L. Carrigee, Jr., Michael D. Ferachi, R. Marshall Lawrence R. DeMarcay III, Joel A. Grodner, Christine Lipsey, Kathleen A. Deadlines for submitting People Mendler, Jerome J. Reso, Jr., Leon H. Manning, Colvin G. Norwood, Jr., Erin announcements (and photos): Rittenberg III, John A. Rouchell, Stephen Fury Parkinson, Michael H. Rubin, Eric P. Schott, William B. Schwartz, Matthew J. Simonson and Stephen P. Strohschein; Publication Deadline A. Treuting and Karl J. Zimmerman; and Rising Stars Camille R. Bryant, June/July 2020 April 4, 2020 and Rising Stars Matthew P. Miller and Mark J. Chaney III, Marshall T. Cox, Aug./Sept. 2020 June 4, 2020 Andrew T. Sullivan. Sara Edwards, Zelma M. Frederick, Oct./Nov. 2020 Aug. 4, 2020 Barrasso Usdin Kupperman Christopher S. Nichols and Kristi W. Freeman & Sarver, L.L.C. (New Richard. Announcements are published free of Orleans): Judy Y. Barrasso, Jamie L. Mouledoux, Bland, Legrand & charge for members of the Louisiana Berger, Celeste R. Coco-Ewing, George Brackett, L.L.C. (New Orleans): Wilton State Bar Association. Members may C. Freeman III, John W. Joyce, Stephen E. Bland III, Alan G. Brackett (Top 50 publish photos with their announcements H. Kupperman, Andrea Mahady Price, Louisiana, Top 50 New Orleans), Gerard at a cost of $50 per photo. Send Richard E. Sarver and Steven W. Usdin; J. Dragna, Mark E. Hanna, Daniel J. announcements, photos and photo and Rising Stars Robert J. Dressel and Hoerner, Georges M. Legrand, Andre J. payments (checks payable to Louisiana Kyle W. Siegel. Mouledoux (Top 50 New Orleans), C. State Bar Association) to: Chehardy Sherman Williams Michael Parks and Robert N. Popich; and Murray Recile Stakelum & Hayes, Rising Stars Patrick J. Babin, Trevor M. Publications Coordinator L.L.P. (Hammond, Metairie): Steven Cutaiar, Lindsay F. Louapre, Eric W. Sella Darlene M. LaBranche Louisiana Bar Journal E. Hayes, Fred L. Herman, Conrad and Simone H. Yoder. 601 St. Charles Ave. Meyer IV, Patrick K. Reso, David R. Taylor Porter Brooks & Phillips, New Orleans, LA 70130-3404 Sherman, P.J. Stakelum III and James L.L.P. (Baton Rouge): Robert W. (Bob) or email [email protected]. M. Williams; and Rising Star Jacob D. Barton, Vicki M. Crochet, Mary C. Hester,

Donald A. Peter J. Segrist Eric W. Sella David R. Sherman Scott R. Simmons P.J. Stakelum III Sauviac, Jr.

Daniel P. Sullivan Joseph S. Trytten V. Trey Katherine B. Wells James M. Williams Jacob D. Young Tumminello III

Louisiana Bar Journal April / May 2020 464 Vol. 67, No. 6 www.lsba.org NEWS LSLI... EVENTS... LOCAL BARS... LBF

UPDATE La. District Judges Association Elects Officers The Louisiana District Judges Griffin, Orleans Parish Civil District Norman Named Association elected 2019-20 officers in Court; Secretary Judge Scott U. Schlegel, October 2019. President is Judge Guy E. 24th Judicial District Court; Treasurer President of Bradberry, 14th Judicial District Court; Judge Daniel J. Ellender, 4th Judicial Louisiana State Law First Vice President Judge Brady D. District Court; and Immediate Past O’Callaghan, 1st Judicial District Court; President Judge Lisa M. Woodruff-White, Institute Second Vice President Judge Piper D. East Baton Rouge Family Court. Rick J. Norman, LOCAL / SPECIALTY BARS Jr., special counsel for Taylor Porter NOBA Installs Board of Directors at Brooks & Phillips, L.L.P., in its Lake 95th Annual Dinner Meeting Charles office, has been named presi- The New Orleans Bar Association (NOBA) dent of the Louisiana hosted its 95th Annual Dinner Meeting on State Law Institute Nov. 21, 2019 in New Orleans. NOBA’s out- (LSLI). Norman has Rick J. Norman, Jr. going President Jason P. Waguespack was rec- served in its govern- ognized for his service. James C. Gulotta, Jr. ing body since 2006. He will preside over was inducted as incoming president. the LSLI Council which acts as the gov- Serving with Gulotta on the 2019-20 erning body of the Institute and includes board of directors are William B. Gaudet, more than 100 LSLI Council members president-elect; Peter E. Sperling, vice from the legal industry. president; Jan M. Hayden, vice president; Norman was a former federal prosecu- Thomas M. Flanagan, vice president; Kelly Attending the New Orleans Bar Association’s (NOBA) Annual Dinner Meeting were, from tor and has practiced commercial law and G. Juneau Rookard, secretary; Robert P. Thibeaux, treasurer; Jason P. Waguespack, left, Madeleine M. Landrieu, dean, Loyola commercial litigation since 1980. He is University College of Law; Peter E. Sperling, the author of two legal treatises: Louisiana immediate past president; and Kimberly R. vice president, NOBA; and Kim M. Boyle, past Employment and Louisiana Corporations. Silas, Young Lawyers Section chair. president, NOBA.

Catholic Charities Archdiocese of New Orleans’ (CCANO) Immigration & Refugee Services hosted The U.S. District Court, Eastern District of a Pro Bono Celebration in October 2019 to honor the attorneys who have partnered with its pro Louisiana, hosted the Biennial Federal Bench bono program to expand representation for unaccompanied migrant children. In collaboration with and Bar Conference on Oct. 25, 2019, in New the Pro Bono Project and the Louisiana Immigration Working Group, CCANO has trained, men- Orleans. From left, Chief Judge Nannette J. tored and placed more than 30 cases with private attorneys providing pro bono legal representation. Brown, U.S. District Court, Eastern District of Proskauer Rose LLP received CCANO’s Pro Bono Leadership Award at the event. Attending, from Louisiana; and Chief Judge Priscilla R. Owen, left, Harrison Golden, Alison Spindler, Fabian M. Nehrbass, Enjolie S. Dawson, Malerie L. Bulot, U.S. 5th Circuit of Appeals. Gillian G. Egan, Samantha Shear, Kyle C. Hansen and Rachel T. Gulotta.

Louisiana Bar Journal April / May 2020 464 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 465 Vol. 67, No. 6 www.lsba.org Shreveport Bar Association Hosts Memorial and Recognition Ceremony The Shreveport Bar Association host- ed its annual Memorial and Recognition Ceremony on Oct. 29, 2019, at the Caddo Parish Courthouse. The program opened with a welcome from Chief Judge Robert P. Waddell, 1st Judicial District Court; and Candace B. Ford, center, an associate in the Baton Rouge office of McGlinchey Stafford, Curtis R. Joseph, Jr., 2018-19 president, P.L.L.C., is the recipient of the 2020 Judge Joseph Shreveport Bar Association. Keogh Memorial Award, presented during the Attorney Valerie A. DeLatte, with Baton Rouge Bar Association’s (BRBA) 2020 the Shreveport Bar’s Young Lawyers Installation Ceremony and Reception on Jan. 8. Attending the Shreveport Bar Association’s an- The award is presented annually to an outstand- Section, introduced new attorneys. Robert nual Memorial and Recognition Ceremony were, ing young lawyer who is a member of the BRBA’s A. Kutcher, 2019-20 Louisiana State Bar from left, Robert A. Kutcher, 2019-20 Louisiana Young Lawyers Section. Ford is involved with the Association president, welcomed new at- State Bar Association president; Curtis R. BRBA’s Youth Education, Mock Trial and Teen torneys. A reception at the Shreveport Bar Joseph, Jr., 2018-19 president, Shreveport Bar Court programs. From left, Donna Buuck, BRBA Association; and Louisiana Supreme Court Youth Education coordinator; Ford; and Anne Center followed the ceremony. Associate Justice Scott J. Crichton. Gregorie, BRBA executive director.

The Younger Lawyers Division of the New Orleans Chapter of the Federal Bar Association hosted its annual holiday party on Dec. 4, 2019 at The Baton Rouge Bar Association and the the Great Hall, U.S. Court of Appeals. The party The Baton Rouge Bar Association and the Federal Bar Association, Baton Rouge Chapter, followed the Swearing-in Ceremony and admis- Federal Bar Association, Baton Rouge Chapter, hosted the annual Federal Court Swearing- sion to the Federal Courts at the U.S. District hosted the annual Federal Court Swearing-in in Ceremony on Nov. 13, 2019. From left, Court, Eastern District of Louisiana. From left, Ceremony on Nov. 13, 2019. From left, Amy Magistrate Judge Erin J. Wilder-Doomes, Amanda Kaiser, executive director, Federal Bar C. Lambert, 2018-19 president, Baton Rouge Judge John W. deGravelles and Judge Brian Association, New Orleans Chapter; and Laura C. Bar Association; S. Dennis Blunt, 2019-20 A. Jackson, all with U.S. District Court, Middle Cannon, Chloe M. Chetta and Amy L. McIntire, president, Baton Rouge Bar Association; and District of Louisiana; and Judge Douglas D. all serving on the YLD board of directors, Federal Christopher K. Jones, 2019-20 president-elect, Dodd, U.S. Bankruptcy Court, Middle District Bar Association, New Orleans Chapter. Baton Rouge Bar Association. of Louisiana.

The Federal Bar Association, New Orleans Chapter, hosted its annual Federal Judges’ Reception on Nov. 6, 2019. The reception honored The Lafayette Bar Association (LBA) hosted the judiciary of the U.S. 5th Circuit, U.S. Eastern its annual Bench Bar Conference on Sept. 19- The Louis A. Martinet Legal Society, Inc., Lake District and Bankruptcy Courts. From left, Meera 21, 2019, in New Orleans. From left, T. Glenn Charles Chapter hosted a holiday Christmas U. Sossamon, Irwin Fritchie Urquhart & Moore, Edwards, 2019-20 LBA president; Maggie T. party on Dec. 19, 2019. Martinet Lake Charles LLC; Magistrate Judge Dana M. Douglas, U.S. Simar, 2018-19 LBA president; Karen J. King, officers, from left, top row, Bobby L. Holmes, District Court, Eastern District of Louisiana; 2019-20 LBA president-elect; and Donovan J. 2019-20 president-elect; Ezra Pettis, Jr., 2019- James M. Williams and Inemesit U. O’Boyle, both O’Pry II, 2017-18 LBA president. 20 president; and Derrick D. Kee, immediate with Chehardy, Sherman, Williams, Murray, past president. Front, Kendrick J. Guidry, Recile, Stakelum & Hayes, LLP. 2019-20 treasurer.

Louisiana Bar Journal April / May 2020 466 Vol. 67, No. 6 www.lsba.org LOUISIANA BAR FOUNDATION President’s Message Q&A with 2020-21 LBF President Harry J. (Skip) Philips, Jr. Interviewed by 2020-21 Secretary Deidre Deculus Robert Robert: Tell us about yourself and a part of that effort is the quality of life for those who receive the your family. important to me and services provided by the dedicated law- Philips: I was born in New Orleans but I hope it is important yers, staff and volunteers associated with grew up in Baton Rouge where I attended to all lawyers and the grantee organizations. parochial school and then LSU (twice), judges around the finishing law school in 1983. I have three state. Robert: What role does the LBF play younger sisters. Colleen and I are celebrat- in the Louisiana civil legal aid network? ing our 42nd wedding anniversary in April. Robert: Why do Philips: As the funder of civil legal aid, We have two wonderful children and three you think the LBF is not only does the Foundation invest and spectacular grandchildren. important to the law Harry J. (Skip) administer funding programs, but its over- profession? Philips, Jr. sight and review of the grantees’ use of the Robert: How did you get involved Philips: One of the goals of our profes- funds provided enhances accountability with the Louisiana Bar Foundation (LBF)? sion should be to help ensure that access and quality. The Foundation also serves Philips: Several years ago, Mike to justice is not just a catch phrase. The as a coordinator of services and provides Patterson asked me to help with the LBF Foundation is able to help resource activi- training for grantee management teams Grants Committee. I learned a lot about ties that promote access to further that goal. and governance boards. civil legal aid and especially the Legal Services Corporations by reviewing their Robert: Why do you think the LBF is Robert: What do you hope to accom- grant applications. I became the LSC sub- important to Louisiana? plish this year as LBF president? committee chair for the committee and Philips: The Foundation is the focal Philips: I would like to, first, continue then was asked to join the board. point for funding most of the nonprofit and the great work of our current president, volunteer organizations that provide criti- Amanda Barnett, and the officers and Robert: Why did you become a Fellow cal legal services to those who cannot oth- board members. We are working on sever- of the LBF? erwise afford it and the Foundation does al initiatives that are incorporated into the Philips: The work of the Foundation is this with minimal administrative expense Foundation’s strategic plan to include find- important to the goal of providing access to so that maximum benefit is obtained from ing a permanent home for the Foundation justice to those who cannot afford it. As the every contributed dollar. The benefits to and some of its grantees. Expanding ac- funding provider to many worthy grantees, the citizens of the state who qualify for ser- cess to justice through enhanced funding the Foundation ensures that limited finan- vices rendered by the Foundation’s grant- sources and education of the public and cial resources are put to work in the best ees provide tangible and intangible ben- our decision makers will be part of the places and to help the most people. Being efits to the entire state and help improve agenda for the coming year.

LBF Schedules Statewide Pop Up Tour LBFAnnounces The Louisiana Bar Foundation has Breakfast, Shreveport. scheduled a series of Pop Up Tours ► Tuesday, May 5: Central Annual New Fellows throughout the state. Scheduled events in- Luncheon, Alexandria. clude: ► Tuesday, May 12: Northshore The Louisiana Bar Foundation welcomes ► Tuesday, April 28: Southwest Annual Luncheon, Mandeville. the following new Fellows: Annual Luncheon, Lake Charles. ► Wednesday, May 13: Greater ► Wednesday, April 29: Acadiana Orleans Annual Breakfast, New Orleans. Kayla C. Bourgeois...... New Orleans Annual Breakfast, Lafayette. ► Wednesday, May 13: Bayou Region ► Wednesday, April 29: Capital Area Annual Luncheon, Thibodaux. Cortland B. Lyles...... Alexandria Annual Luncheon, Baton Rouge. For more information on these events, Julie A. Gutierrez...... Alexandria ► Monday, May 4: Northeast Annual contact Danielle Marshall, (504)561-1046, Luncheon, Monroe. email [email protected]. Or visit ► Tuesday, May 5: Northwest Annual the website: www.raisingthebar.org.

Louisiana Bar Journal April / May 2020 466 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 467 Vol. 67, No. 6 www.lsba.org LBF to Honor Distinguished Award Recipients at Gala The Louisiana Bar Foundation (LBF) of directors, chair and CEO and the execu- Distinguished will celebrate its 34th annual Fellows tive team. He is a member of the Energy Professor John Gala on May 15 and honor the 2019 Insurance Mutual board of directors, the M. Church Distinguished Jurist Robert H. Morrison Tulane University Center for Energy Law Professor John M. III, Distinguished Attorney Marcus V. Advisory Board and the Louisiana State Church is an associ- Brown, Distinguished Attorney Mary University John P. Laborde Energy Law ate professor of law Terrell Joseph, Distinguished Professor Center Advisory Council. He received at Louisiana State John M. Church and Calogero Justice his BA degree in 1985 from Southern University Paul M. Award recipient, Louisiana Supreme Court University and his JD degree in 1988 from Hebert Law Center Chief Justice Bernette Joshua Johnson. Southern University Law Center (SULC). in Baton Rouge. John M. Church Brief profiles of award recipients are in- He received his MBA degree in 2002 from He currently teach- cluded below. Tulane University A.B. Freeman School of es courses in Torts, Products Liability, Business. In honor of Entergy’s effective Antitrust Law, Wine Law, Toxic Torts Distinguished diversity and inclusion efforts, the Entergy and Advanced Healthcare Law. Since Jurist Robert H. legal department received the Minority 2014, he has directed LSU Law Center’s (Bob) Morrison III Corporate Counsel Association’s 2013 Apprenticeship Week and is a mentor for Judge Robert Employer of Choice-South Region. This the Legal Methods program. He is the H. Morrison III at- year, Brown received the National Legal co-author of two books, Tort Law: The tended Rhodes Aid and Defender Association Exemplar American and Louisiana Perspectives College and gradu- Award. He was named to the SULC and Louisiana Tort Law. He is a cur- ated from Louisiana Alumni Hall of Fame in 2017. rent member of the Louisiana State Bar State University Law Association’s Board of Governors and Center in 1970. He Robert H. (Bob) Distinguished Strategic Planning Committee. He re- spent 17 years in a Morrison III Attorney Mary ceived his JD degree from the University general law practice. He was first elected Terrell Joseph of Colorado, his MS degree in economics to the bench in the 21st Judicial District Mary Terrell from the University of Illinois at Urbana/ and has served 32 years as a district judge, Joseph gradu- Champaign and his BS degree in econom- 29 years as chief judge. He began the first ated in 1966 from ics from Central Michigan University. drug court program in the district and still Hollins University Prior to teaching at LSU Law Center, he presides over that program. He played a in Roanoke, Va., and was an associate at the Denver law firm of key role in working toward the construc- began practicing law Davis, Graham & Stubbs and clerked for tion of the new courthouse in Livingston in Baton Rouge with Mary Terrell Joseph Judge Robert H. McWilliams, U.S. 10th Parish. He was the recipient of the LBF’s Joseph & Joseph after Circuit Court of Appeals. 2013 Calogero Justice Award and is a graduation in 1970 from Louisiana State Fellow of the LBF. He is a former presi- University Law Center. She later practiced Calogero Justice dent of the Louisiana District Judges with other firms until merging with her cur- Award Recipient, Association and has served as chair of the rent firm, McGlinchey Stafford, P.L.L.C., Chief Justice Louisiana State Law Institute’s Criminal in 1993. She has chaired the Capital Area Bernette Joshua Justice and Procedure Committee. He United Way board and campaign, the Arts Johnson currently is a member on the Governor’s Council of Greater Baton Rouge, Capital Louisiana Justice Reinvestment Initiative Oversight Area Network, the Rotary Club of Baton Supreme Court Chief Council. Rouge and the Leadership Baton Rouge Justice Bernette Alumni Board. She previously served Joshua Johnson is Distinguished on the boards of directors for the Baton the Court’s 25th chief Chief Justice Bernette Attorney Marcus Rouge Area Foundation and the Emerge justice, its second Joshua Johnson V. Brown Center. As a member of a Baton Rouge female chief justice and its first African- Marcus V. Brown Junior League study committee, she co- American chief justice. She is one of the is executive vice founded the Stop-Rape Crisis Center (now first two African-American women to president and general S.T.A.R.). She serves on the boards of the graduate from Louisiana State University counsel for Entergy Foundation for Excellence in Louisiana Paul M. Hebert Law Center. Early in her Corporation. He Public Broadcasting and the LSU Museum career, while working as managing attor- provides advice and of Art Advisory Board. ney at the New Orleans Legal Assistance counsel to the board Marcus V. Brown Continued next page

Louisiana Bar Journal April / May 2020 468 Vol. 67, No. 6 www.lsba.org LBF continued from page 468 poor, elderly and disenfranchised citizens She has championed many successful ini- of New Orleans. While in law school, tiatives including the training and certifi- Corp. (NOLAC), she became a change she worked with the U.S. Department of cation of the Limited English Proficiency agent, social justice advocate and civil Justice assisting with cases pertaining to Interpreters in the courts and the imple- rights promoter. She represented the so- the Civil Rights Act of 1964. In 1984, she mentation of the electronic filing system cio-economically deprived; advanced the became the first woman elected as a judge for the Louisiana Supreme Court. rights of children; and gave voice to the on the Orleans Parish Civil District Court. LBF Awards More Than $123,000 to Louisiana Nonprofits in CPP Grants The Louisiana Bar Foundation’s (LBF) Bayou Region: $20,000 Northeast: $20,000 nine regional Community Partnership CASA of Lafourche...... $5,000 D.A.R.T. (Domestic Abuse Panels (CPP) identify areas of need CASA of Terrebonne...... $5,000 Resistance Team)...... $4,000 throughout the year in addition to the regu- Chez Hope...... $3,750 Louisiana Appleseed...... $2,000 lar LBF grant cycle. The CPPs foster col- Fletcher Technical Community Pine Hills Advocacy Center...... $14,000 laboration, respond to arising community College...... $5,250 needs, and encourage local involvement in Louisiana Appleseed...... $1,000 Northshore: $13,500 the designation of grant funds. Each panel Children’s Advocacy Center/ has an annual budget of $20,000 for Jock Capital Area: $5,750 Hope House...... $9,000 Scott CPP Grants. CPPs that have not yet Chez Hope...... $3,750 Family Promise of St. Tammany....$2,500 designated all funding will do so by June Louisiana Appleseed...... $2,000 Louisiana Appleseed...... $2,000 30. The 2019-2020 Jock Scott CPP Grants are listed by region below (as of Jan. 24, Central: $2,000 Northwest: $20,000 2020). Louisiana Appleseed...... $2,000 Louisiana Appleseed...... $2,000 Shreveport Bar Foundation...... $18,000 Acadiana: $12,985 Greater Orleans: $20,000 CASA of St. Landry-Evangeline....$3,000 Louisiana Appleseed...... $1,500 Southwest: $9,300 Chez Hope...... $3,750 NOLA Grannies...... $4,000 Girlie Girls Mentoring...... $6,070 Louisiana Guardianship Services...$5,000 The Pro Bono Project...... $10,000 Louisiana Appleseed...... $2,000 Pet Partners of Acadiana...... $1,235 Orleans Parish Juvenile Court/ LBF Oral History Project...... $1,230 Teen Court...... $4,000 Oral History Project...... $500 Celebrating 55 Years of

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Louisiana Bar Journal April / May 2020 468 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 469 Vol. 67, No. 6 www.lsba.org experience, federal and state litigation. Any person(s) concurring with or oppos- ServicesSERVICES Available for briefs, research, court ap- ing this petition must file notice of same pearances, analysis of unusual or problem within 30 days with the Louisiana Attor- Texas attorney, LSU Law 1985. Admit- cases. References on request. Catherine ney Disciplinary Board, Ste. 310, 2800 CLASSIFIED ted in Louisiana and Texas. I am available Leary, (504)436-9648, statewide services, Veterans Memorial Blvd., Metairie, LA to attend hearings, conduct depositions, registered office Jefferson Parish. 70002. ADS ONLINEact AT as localWWW.LSBA.ORG counsel and accept referrals for general civil litigation in the Houston CLASSIFIED NOTICES Northwest Florida counsel. Louisiana Michael J. Riley, Sr. has applied for area. 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Lafayette healthcare defense firm Mobile, Ala., attorney accepting refer- class rank, transcript and writing sample Greene, Ste. 210, 4507 Furling Lane, notice to the Louisiana Attorney Disci- All requests for classified notices must seeking attorney with five-10 years’ rals of personal injury claims in South to [email protected]. Destin, FL 32541. Call (850)424-6833 or plinary Board, Ste. 310, 2800 Veterans be submitted in writing and are subject litigation experience, medical malprac- Alabama, including automobile, work- to approval. Copy must be typewritten (504)482-9700; or visit www.destinattor- Memorial Blvd., Metairie, LA 70002. tice experience preferred. Must be will- ers’ compensation and slip & fall acci- and payment must accompany request. Retired asbestos paralegal wanted on neyjohngreene.com. ing to relocate to Lafayette. Trial work dents. Licensed in both Louisiana (since Our low rates for placement in both are an as-needed basis. Call J. 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Includes sec- Krystal Bellanger-Rodriguez ext. 131. available to attend hearings, conduct retarial space, receptionist, telephones, Seeking Assistant District Attorney. by other attorneys.” at depositions, act as local counsel and ac- Non-members of LSBA Civil Division in the 22nd Judicial voice mail, Internet, conference rooms, cept referrals for general civil litigation (504)619-0131 or email $85 per insertion of 50 words or less District, Mandeville, La. This position Appellate briefs, motions, legal re- kitchen, office equipment and parking. in the Houston area. Contact Manfred [email protected] $1 per each additional word requires significant experience in de- search. Attorneys: the appellate process is Walking distance of CDC, USDC and $20 for Classy-Box number Sternberg, Jr. at (713)622-4300; email fense of civil litigation, including de- your last chance to modify or defend your many fine restaurants. Call Cliff Cardone [email protected]. or Kim Washington at (504)522-3333. 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Louisiana Bar Journal Vol. 64, No. 5 413 Louisiana Bar Journal April / May 2020 470 Vol. 67, No. 6 www.lsba.org

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Louisiana Bar Journal April / May 2020 470 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 471 Vol. 67, No. 6 www.lsba.org The Last Word of the documents and de- cided which ones are rel- evant. Ipse Dixit: 6) No appeals. Decisions are always correct on the facts and law. Via Crystal Ball, 7) No courthouses. Unnecessary in a digital Law Practice in 2040 world. 8) Digital law school. Why spend three years sit- By Edward J. Walters, Jr. ting in law school when you can download all of the law into yourself? No CLE. You have it all e all know the tremendous changes that have downloaded. occurred in our law practice in the last 20 years. In 9) No bar exam. You will be digitally connected to the year 2000, for example, there was no iPhone. the Qualifications Computer of the Louisiana Supreme Court. It There was no Wi-Fi. Email was in its infancy. knows what you know and what you don’t. ThereW was no texting. 10) Google. All information known to mankind is on Google And, of course, no robot lawyers, artificial intelligence, self- 20.40. No law libraries or any other libraries, either. driving cars, automated document review processes and the like. 11) No lying on your time sheets. No time sheets necessary. It is just astonishing how our practice has changed, some say for No keeping track of your time or hourly billing. Your Fitbit knows the better, some say for the worse. whether you are working or goofing off. But, what’s it going to be like 20 years from NOW, in 2040?! 12) No lawsuits. Everyone is mandated to be well insured. Well, this writer peered into the crystal ball and consulted Autonomous cars know who was at fault and the insurance com- some very bright technology folks, asking them to give us a few panies adjust accordingly. Plus, there are cameras everywhere so Nostradamus-like predictions so we can be prepared when 2040 the accident has already been filmed on super-high-definition vid- arrives. I am told there will be major changes. Here are the Top eo and submitted to the computer, which, of course, has expertise 10 (+2). in accident reconstruction.

1) LawyerCare. Just like Medicare and Medicaid, everyone And the MOST shocking change will be the ability to instanta- will be covered by “LawyerCare.” All of us will work for “The neously transport objects (not just pleadings and briefs) from one Legal System.” We are paid via a computer program which city or country to another (cf. the movie The Fly). In 2040, we can compensates all lawyers based on their specialty and years in immediately transport YOU and your family to another location, practice, and, of course, where they went to school and, most like to a courthouse (if there are any left) or to Tahiti. importantly, whether their father or mother was a lawyer. You think this is unrealistic? Think about it. Right before your 2) Computerized judges. Elected judges versus appointed eyes that little device in your pocket or purse has replaced the tele- judges? Neither. The judges have been computerized. You digitally phone, camera, video camera, tape recorder, calculator, security submit all of the video depositions and evidence to the cyborg camera, doorbell, weatherman, typewriter, calendar, photo album, “judge” and IMMEDIATELY the “judge” spits out a perfectly thermometer, computer, watch, alarm clock, stopwatch, timer, written decision. No law clerks needed. It’s all in the computer, music library, answering machine, ruler, flashlight, memo pad, which knows all of the law, everywhere, all of the facts, the parties road map, library, bank, department store, movie theater, newspa- and their backgrounds. Because it knows all of the law in all of the pers, magazines . . . and babysitter. cases everywhere, including your jurisdiction, it knows what the Get ready. As Bob Dylan said, “He not busy being born is busy case is worth. No legal research necessary. dying.” 3) No credibility calls. The computer knows who is lying and who is telling the truth based upon scientific research into a witness’s physical mannerisms and sophisticated, infallible polygraph equipment which has been perfected and is constantly, Edward J. Walters, Jr., a partner in the Baton Rouge firm of Walters, Papillion, Thomas, Cullens, L.L.C., is and invisibly, connected to all of us all of the time. a former Louisiana State Bar Association secretary 4) No experts. The computer knows all of the standards of and editor-in-chief of the Louisiana Bar Journal. He care in every area and decides whether they were met based on the is a current member of the Journal’s Editorial Board facts, which it already knows. and chair of the LSBA Senior Lawyers Division. ([email protected]; 12345 Perkins Rd., Bldg. 1, 5) No discovery wars. The computers have already read all Baton Rouge, LA 70810)

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