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Think Before You Sign: Notarial Liability in Louisiana

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Think Before You Sign: Notarial Liability in Louisiana Think Before You Sign: Notarial Liability in Louisiana Also Inside: • End-of-Life Decisions: Living Wills, Healthcare Powers of Attorney and Other Issues • Personal Reflections on Certain Intersecting Ethical Obligations of Lawyers and Judges LegierCo haystack NO Mag Aug09 8/12/09 4:37 PM Page 1 The Needle In A Haystack Complex financial litigation cases often require the engagement of experts who can find “the needle in a haystack.” A substantial edge is gained when you have Legier & Company’s Forensic CPAs and Expert Witness Group on your team to help you find obscured financial facts that build and prove stronger cases. Expert Testimony • Fraud • Forensic & Investigative Accounting • Calculating and Refuting Financial Damages Business Valuations • Bankruptcies • Shareholder Disputes • Lost Profits • Business Interruptions Lost Wages • Corporate Veil Piercing • Marital Dissolutions For more information, contact William R. Legier (504) 599-8300 1100 Poydras Street • 34th Floor • Energy Centre • New Orleans, LA 70163 Telephone (504) 561-0020 • Facsimile (504) 561-0023 • http://www.legier.com Supplement to the Louisiana Bar Journal 11 Louisiana Bar Journal Vol. 66, No. 6 393 8 2019 Expert Witness, Consultant & Legal Services Directory LAWPAY IS FIVE STAR! In our firm, it's actually fun to do our billings and get paid. I send our bills out first thing in the morning and more than half are paid by lunchtime. LawPay makes my day! – Cheryl Ischy, Legal Administrator Austin, Texas Trusted by more than 35,000 firms and verified ‘5-Star’ rating on PAYMENT INBOX INVOICE PAID $775.00 [email protected] INVOICE PAID $1,500.00 [email protected] THE #1 PAYMENT SOLUTION INVOICE PAID $900.00 [email protected] FOR LAW FIRMS Getting paid should be the easiest part of your job, PAYMENT RECEIVED and with LawPay, it is! However you run your firm, LawPay's flexible, easy-to-use system can work for you. Designed specifically for the legal industry, your earned/unearned fees are properly separated and Now accept check payments online your IOLTA is always protected against third-party at 0% and only $2 per transaction! debiting. Give your firm, and your clients, the benefit of easy online payments with LawPay. Proud Member 855-277-1913 or visit Benefit Provider lawpay.com/louisianabarjournal 394 April / May 2019 LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Citizens Bank, N.A., Providence, RI. ® April / May 2019 Volume 66, Number 6 Departments Features Editor’s Message .................. 397 Think Before You Sign: Notarial Liability in Louisiana Letters................................... 398 By Ryan K. French ...........................402 President’s Message ............ 400 End-of-Life Decisions: Living Wills, Association Actions .............. 421 Healthcare Powers of Attorney and Other Issues Practice Management........... 427 By Laura E. Fine ..............................406 Lawyers Assistance .............. 428 Personal Reflections on Certain Lawyers Give Back ............... 430 Intersecting Ethical Obligations of Lawyers and Judges Focus on Diversity ................ 433 By Judge John W. deGravelles .........410 Puzzle ................................... 434 Ethics Opinion 19-RPCC-021: Lawyer’s Use Discipline Reports................. 436 of Technology Client Assistance .................. 440 By Rules of Professional Conduct Committee ........................................455 Recent Developments .......... 441 Recap: Midyear Meeting 2019 Young Lawyers ..................... 453 Recognition and Awards ..................421 Ethics Opinion ...................... 455 LSBA Annual Meeting & LSBA/ Judicial Notes ....................... 459 Louisiana Judicial College Joint Summer School People .................................. 461 Registration Open ............................416 News..................................... 465 Classified .............................. 470 The Last Word ...................... 472 Also Inside LJC / LSBA JOINT SUMMER SCHOOL & Letters to the Editor Policy.... 397 2019 LSBA ANNUAL MEETING Member Services.................. 409 SOLACE ............................... 434 Sandestin Golf and Beach Resort ADR Directory ....................... 442 Advertisers’ Index ................. 471 Destin, Florida Louisiana Bar Journal Vol. 66, No. 6 395 ® Officers 2018-19 President Editorial Board Barry H. Grodsky • (504)599-8535 þ John E. McAuliffe, Jr. þ C. A. (Hap) Martin III President-Elect Editor (318)388-4700 Robert A. Kutcher • (504)830-3820 (504)840-4909 þ Alainna R. Mire Secretary (318)449-5046 þ Christopher D. Cazenave John E. McAuliffe, Jr. • (504)840-4909 (504)582-8408 þ Claire McDaniel-Ojeh (225)622-2005 Treasurer þ John S. (Chip) Coulter þ John H. Musser V Shayna L. Sonnier • (337)436-1600 (225)362-2445 (504)523-0400 Immediate Past President þ Anthony M. DiLeo þ Roy H. (Hal) Odom, Jr. Dona Kay Renegar • (337)234-5350 (504)274-0087 (318)227-3762 þ Brendan P. Doherty þ Maggie Trahan Simar (832)255-6019 Board of Governors 2018-19 (337)394-6133 First District þ Stephen I. Dwyer þ Kristine D. Smiley (504)838-9090 D. Skylar Rosenbloom • (504)556-5507 (225)298-0770 þ Laura S. Gravener Darryl J. Foster • (504)596-6304 þ Gail S. Stephenson (504)554-5807 Second District (225)771-4900, ext. 216 þ Mark A. Hill þ Scott L. Sternberg Stephen I. Dwyer • (504)838-9090 (504)581-1301 Third District (504)324-2141 þ Gerald J. (Jerry) Huffman, Jr. þ Tyler G. Storms Shannon Seiler Dartez • (337)233-1471 (504)957-9114 (318)255-7805 Fourth District þ Carrie L. Jones þ Adrejia L. Boutte Swafford J. Lee Hoffoss, Jr. • (337)433-2053 (225)346-1461 (504)561-5700 Fifth District þ Margaret E. Judice þ Patrick A. Talley, Jr. (337)828-1880 Edward J. Walters, Jr. • (225)236-3636 (504)584-9220 þ Robert A. Kutcher Valerie Turner Schexnayder • (504)813-3633 þ Edward J. Walters, Jr. (504)830-3820 Sixth District (225)236-3636 þ Winfield E. Little, Jr. Edward L. Tarpley, Jr. • (318)487-1460 þ Jack K. Whitehead, Jr. (337)430-0907 (225)303-8600 Seventh District Paul L. Hurd • (318)323-3838 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Eighth District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, Patrick J. Harrington • (318)458-5839 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 Dylan T. Thriffiley • (504)842-4517 41450540. Return undeliverable Canadian addresses to: 4240 Harvester At-Large Members Rd #2, Burlington, ON L7L 0E8. Jermaine Guillory • (225)389-8846 Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. Monique Y. Metoyer • (318)729-1880 Charles Avenue, New Orleans, Louisiana 70130. Lynn Luker • (504)669-0322 Subscriber Service: For the fastest service or questions, call Darlene M. LSU Paul M. Hebert Law Center LaBranche at (504)619-0112 or (800)421-5722, ext. 112. John M. Church • (225)578-8701 Tulane University Law School Editorial and Advertising: Ronald J. Scalise, Jr. • (504)865-5958 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- L. Kent Breard, Jr. • (318)387-8000 lines, go online at www.lsba.org, click on “Publications,” then “Louisiana House of Delegates Liaison Chair Bar Journal.” Copyright © by Louisiana Bar Journal. All rights reserved. Sandra K. Cosby • (504)452-7719 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 396 April / May 2019 EDITOR’S MESSAGE By John E. Guten Abend McAuliffe, Jr. his is it — the very last time torneys. I am sorry if I annoyed you or professionalism is evident in our “final you will hear from me as your badgered you about submissions. (No, I product” every two months. They make editor. (I can hear the joy in am not.) Be warned, Pat may continue to the job of editor that much easier and en- Mudville tonight!) send me out trolling for content. joyable. TI want to thank our members for al- The members of the Journal Editorial Finally, I want to thank my wife, Jean. lowing me to serve as secretary of the Board also deserve our continuing Through my three years on the Board of Louisiana State Bar Association (LSBA) thanks. They are dedicated to this publi- Governors and the last two years as sec- and as editor of the Louisiana Bar cation and to you, the membership. Many retary, she has always supported me, the Journal. The trust you have placed in me of our Editorial Board members have LSBA and, in turn, all of our members. is humbling. I hope I have performed to served for several years and have the Without complaint, she accompanied me your expectations. I know I am leaving
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