PUTTING the PUZZLE TOGETHER Protecting Clients’ Benefits: a Litigator’S Guide to Special Needs Trusts

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PUTTING the PUZZLE TOGETHER Protecting Clients’ Benefits: a Litigator’S Guide to Special Needs Trusts PUTTING THE PUZZLE TOGETHER Protecting Clients’ Benefits: A Litigator’s Guide to Special Needs Trusts Ancillary Estate Planning and 5 Critical Questions Supported Decision-Making for Adults with Disabilities ALSO INSIDE: Annual Meeting Wrapup 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 August / September 2021 113 Vol. 69, No. 2 www.lsba.org Louisiana Bar Journal August / September 2021 113 Vol. 69, No. 2 www.lsba.org LSBA_ExpertWitness_2020_Final.indd 1 4/27/2020 4:22:25 PM I love LawPay! I’m not sure why I waited so long to get it set up. + – Law Firm in Ohio Member Trusted by more than 150,000 professionals, LawPay Benefit is a simple, secure solution that allows you to easily Provider accept credit and eCheck payments online, in person, or through your favorite practice management tools. 22% increase in cash flow with online payments Vetted and approved by all 50 state bars, 70+ local and specialty bars, the ABA, and the ALA 62% of bills sent online are paid in 24 hours YOUR FIRM LOGO HERE Trust Payment IOLTA Deposit New Case Reference **** **** **** 9995 *** TOTAL: $1,500.00 POWER ED BY PAY ATTORNEY Get started at lawpay.com/lsba 855-277-1913 Data based on an average of firm accounts receivables increases using online billing solutions. LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Synovus Bank, Columbus, GA. Louisiana Bar Journal August / September 2021 114 Vol. 69, No. 2 www.lsba.org ® August / September 2021 Volume 69, Number 2 Departments Features Editor’s Message .................. 118 Protecting Clients’ Benefits: President’s Message ............ 120 A Litigator’s Guide to Association Actions .............. 148 Special Needs Trusts By Sean M. Morrison .............................122 Practice Makes Perfect......... 154 Practice Management........... 156 Lawyers Assistance .............. 158 Focus on Diversity ................ 160 Puzzle ................................... 162 Ancillary Estate Planning and 5 Focus on Professionalism .... 164 Critical Questions Discipline Reports................. 166 By J. Grant Coleman..............................126 Recent Developments .......... 169 Young Lawyers ..................... 180 La. Center for Law and Civic Education .................. 182 Judicial Notes ....................... 184 Supported Decision-Making for People .................................. 187 Adults with Disabilities News..................................... 190 By Joel A. Mendler .................................130 Classified .............................. 198 The Last Word ...................... 200 Also Inside 2022 Expert Directory ........... 119 Recap: 2021 Annual Meeting/ Summer School Upcoming LSBA CLEs ......... 147 Officers Installed; Awards Presented ...134 SOLACE ............................... 162 Member Services.................. 195 Special Assistant AG Minimum Qualifications ....................... 197 Advertisers’ Index ................. 199 On the Cover: Louisiana Bar Journal August / September 2021 114 Vol. 69, No. 2 www.lsba.org Louisiana Bar Journal August / September 2021 115 Vol. 69, No. 2 www.lsba.org ® Officers 2021-22 President Editorial Board H. Minor Pipes III • (504)322-7101 þ C.A. (Hap) Martin III þ Roy H. (Hal) Odom, Jr. President-Elect Editor (318)227-3762 Stephen I. Dwyer • (504)838-9090 (318)388-4700 þ Kelly M. Rabalais Secretary (985)898-5837 C.A. (Hap) Martin III • (318)388-4700 þ Rachel P. Dunaway þ Valerie T. Schexnayder Treasurer (225)326-6300 (225)921-9122 John E. McAuliffe, Jr. • (504)840-4909 þ Stephen I. Dwyer þ Kimberly R. Silas Immediate Past President (504)838-9090 (504)702-1719 Alainna R. Mire • (318)449-5046 þ Laura S. Gravener (504)322-7495 þ Maggie Trahan Simar Board of Governors 2021-22 (337)394-6133 þ Senae D. Hall First District (318)226-6829 x1009 þ Gail S. Stephenson Lawrence J. Centola III • (504)581-9065 (225)771-4900, x 216 Scott L. Sternberg • (504)324-1887 þ Mark A. Hill (504)526-4337 þ Scott L. Sternberg Second District (504)324-1887 Erin O. Braud • (504)836-2780 þ Michael D. Lane þ Tyler G. Storms Third District (504)581-3300 (318)255-7805 Dwazendra J. Smith • (337)948-8008 þ Winfield E. Little, Jr. þ Adrejia Boutté Swafford Fourth District (337)430-0907 (225)219-2318 Todd S. Clemons • (337)477-0000 þ John E. McAuliffe, Jr. Fifth District (504)840-4909 þ Patrick A. Talley, Jr. (504)584-9220 Kelly M. Rabalais • (985)898-5837 þ Claire McDaniel-Ojeh Adrian G. Nadeau • (225)922-5110 (504)408-2206 þ Edward J. Walters, Jr. Sixth District (225)236-3636 þ John H. Musser V Charles D. Elliott • (318)704-6511 (504)523-0400 þ Jack K. Whitehead, Jr. Seventh District (225)303-8600 W. Michael Street • (318)322-9700 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Eighth District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, Curtis R. Joseph, Jr. • (318)221-1600 Louisiana 70130. Periodicals postage paid at New Orleans, Louisiana and Chair, Young Lawyers Division additional offices. Annual subscription rate: members, $5, included in dues; Graham H. Ryan • (504)582-8370 nonmembers, $45 (domestic), $55 (foreign). Canada Agreement No. PM At-Large Members 41450540. Return undeliverable Canadian addresses to: 4240 Harvester Tina L. Suggs • (504)442-8591 Rd #2, Burlington, ON L7L 0E8. Adrejia Boutté Swafford • (225)219-2318 Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. Blake R. David • (337)233-2323 Charles Avenue, New Orleans, Louisiana 70130. LSU Paul M. Hebert Law Center Subscriber Service: For the fastest service or questions, call Darlene M. John M. Church • (225)578-8701 LaBranche at (504)619-0112 or (800)421-5722, ext. 112. Tulane University Law School Ronald J. Scalise, Jr. • (504)865-5958 DISCLAIMER: Contributions to the Louisiana Bar Journal are welcomed, but the right Louisiana State Law Institute is reserved to select material to be published. Publication of any article or Lila Tritico Hogan • (985)542-7730 statement is not to be deemed a statement or an endorsement of the views House of Delegates Liaison Chair expressed therein by the LSBA or any member of the LSBA, nor shall Ann S. Siddall • (318)481-1059 publication of any advertisement be considered a statement or an endorsement of the product or service involved by the LSBA or any member of the LSBA. Editorial Staff Views expressed are those of the authors and contributors only. Executive Director Submissions are welcome and will be considered for publication by the Loretta Larsen, CAE Editorial Board. For submission guidelines, go online at www.lsba.org, Communications Director click on “Publications,” then “Louisiana Bar Journal.” Copyright © by Kelly Wells Ponder Louisiana Bar Journal. All rights reserved. Reproduction in whole or part Publications Coordinator/Managing Editor without permission is prohibited. Darlene M. LaBranche Luminary Award Winner Communications Coordinator/Graphic Design National Association of Bar Executives Communications Section Barbara D. Baldwin Excellence in Regular Publications International Communications Assistant Association of Krystal Bellanger Rodriguez Business Communicators PUBLIC RELATIONS SOCIETY OF AMERICA Advertising Booking Questions? New Orleans NEW ORLEANS CHAPTER Chapter Call (504)619-0131. AWARD OF Bronze Quill Award of Merit Louisiana Bar Journal August / September 2021 116 Vol. 69, No. 2 www.lsba.org 28TH ANNUAL LOUISIANA STATE BAR ASSOCIATION ADMIRALTY SYMPOSIUM SEPTEMBER 17, 2021 – NEW ORLEANS Richard J. Arsenault, Seminar Chair Please join respected members of the Bench and Academia, along with experienced Admiralty practitioners from both sides of the “V” as they provide unique insight into key maritime issues. Speakers Include: Hon. Jane Triche Milazzo • Hon. Daniel E. Knowles III (ret.) • Hon. Jay Zainey Hon. Richard T. Haik, Sr. (ret.) • Prof. Tom Galligan • Lindsey Cheek • Dustin Carter • Blake David Jeff Tillery • Steve Herman • 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 • Charles Plattsmier Eric D. Holland • Dawn M. Chmielewski • Jeffrey M. Bassett • Kathryn W. Munson For more information and to register online, please visit: www.lsba.org/CLE Louisiana Bar Journal August / September 2021 116 Vol. 69, No. 2 www.lsba.org Louisiana Bar Journal August / September 2021 117 Vol. 69, No. 2 www.lsba.org Editor's Message Ages and Stages By C.A. (Hap) Martin III his Editor’s Message may Division is actually quite young. The Privilege” as a result of the COVID-19 ramble, but there will be Senior
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