LSBA Latest News and Developments

Louisiana Supreme Court Adopts New Lawyer Advertising and Solicitation Rules, Effective Dec. 1, 2008

Based on a recommendation from the Louisiana State Bar Association House of Delegates, the Louisiana Supreme Court has repealed and reenacted that portion of the Rules of Professional Conduct governing lawyer advertising and solicitation (Article XVI, Rule 7 series of the Articles of Incorporation of the Louisiana State Bar Association). Chief Justice Pascal F. Calogero, Jr. signed the Order on June 26 and the Rules will become effective Dec. 1, 2008.

With one small exception, the new Rules are a verbatim adaptation of the recommendations approved by the House in June 2007 and submitted thereafter to the Court. The exception: a single sentence has been added to new Rule 7.2(c)(5)(B) [dealing generally with �Communication of Fields of Practice�], exempting from Section 6.2 of the LSBA Plan of Legal Specialization lawyers who have been certified by an organization that is accredited by the American Bar Association.

The new Rules specifically state that lawyers may advertise services through public media and written communications (new Rule 7.1(a)). Communications by lawyers on behalf of non-profit organizations that are not motivated by pecuniary gain are not considered advertisements or unsolicited written communications within the meaning of the new Rules (new Rule 7.1(c)).

The new Rules specify content required in any communication conveying information about a lawyer, the lawyer�s services or a law firm�s services: 1) the name of at least one lawyer responsible for the content; and 2) disclosure, by city or town, of one or more bona fide office locations of the lawyer or lawyers who will actually perform the services advertised [or the city or town of the lawyer�s primary registration statement address, in the absence of a bona fide office] (new Rule 7.2(a)).

The new Rules also offer a number of instructive � but non-exclusive � examples of content that may be used in advertisements and unsolicited written communications (new Rule 7.2(b)) which, if chosen by the lawyer to be the only content used within the advertisement/unsolicited written communication, will exempt the advertisement/unsolicited written communication from the new filing and evaluation requirements contained within new Rule 7.7.

Under new Rule 7.7, a lawyer whose advertisement or unsolicited written communication is not exempt by virtue of its limitation to �safe harbor� content � or otherwise exempt according to a list of other exemptions contained within new Rule 7.8 � will now be required to file the advertisement or unsolicited written communication with the LSBA prior to or concurrent with its first dissemination, along with appropriate, specified supporting documentation and a regular filing fee of $175 payable to the LSBA. The LSBA will, under normal circumstances, respond with a written evaluation regarding the ad�s compliance with the new Rules within thirty (30) days following receipt of the filing. As an optional/voluntary alternative, the lawyer may choose to submit the filing and fee to the LSBA at least thirty (30) days prior to the anticipated first dissemination of the advertisement or unsolicited written communication, thereby also allowing the LSBA an opportunity to provide to the lawyer, at no additional charge, a written advisory opinion (as well as helpful consultation/suggestions for revision, as needed) regarding compliance with the new Rules. Late filings will incur a filing fee of $275.

With the advent of the new Rules, the LSBA also plans to prepare and publish (and update, as needed) a handbook on lawyer advertising to offer examples, instructions and other useful/meaningful information that will assist members with their understanding of and compliance with the new Rules.

Questions and inquiries regarding the new Rules may be directed to LSBA Ethics Counsel Richard P. Lemmler, Jr., (504) 619-0144, e-mail rlemmler@lsba.org.

Aug. 1 Lunch and Learn Program Scheduled on Trust Accounts

The LSBA�s Practice Assistance and Improvement Committee is presenting a Lunch and Learn program, �Everything You Wanted to Know About Trust Accounts and Were Afraid to Ask,� on Friday, Aug. 1, at the Louisiana Bar Center, 601 St. Charles Ave., New Orleans. The program has been approved for 1 hour of ethics CLE credit. The CLE begins promptly at noon. Ray Ladouceur, attorney and CPA, will discuss attorney and law firm obligations regarding the ethical safeguarding of funds. Cost is $50 per person. Lunch is included in the fee. For more information, contact Connie Sabio, e-mail connies@lsba.org, call (800)421-5722, ext. 108, or (504)619-0108.

Notice: FDIC Insurance Coverage and Trust Accounts

With the status of the economy and the failure of some financial institutions, questions have arisen about the availability of FDIC insurance coverage for trust accounts holding client funds. The FDIC provides coverage of up to $100,000 per account, but how is that applied to the �pooled� client trust account maintained by lawyers (and often enrolled in IOLTA)? The good news, says the Louisiana Office of Disciplinary Counsel, is that if a lawyer properly titles the account and can demonstrate by appropriate deposit records what funds in the trust account belong to which client, the coverage applies to each client separately as though the client made his/her own deposit. While each client deposit properly made into a properly identified account is covered, the limit is still $100,000 per client. Banks can spread the risk of the coverage limit through the use of intra-bank transfers and accounts to take advantage of multiple limits. For more information, go to:
http://www.fdic.gov/deposit/deposits/financial/fiduciary.html.

2008 Midwest Flood Disaster Relief Fund Established

As the legal community, residents, business owners and local and state governments of five Midwestern states (Wisconsin, Iowa, Illinois, Missouri and Indiana) continue to deal with the worst flooding crisis the area has seen for more than a century, the statistics logged to date are staggering. More than 20 Mississippi River levees have been breached, tens of thousands of people have been evacuated from their homes, property damages are estimated to be in the billions, and acres of farmland have been laid to waste.

Three years ago, when Louisiana�s legal community was dealing with the large-scale destruction and massive systemic disruption caused by Hurricanes Katrina and Rita, lawyers, law firms, bar associations and bar foundations from across the country (including the Iowa State Bar Foundation, the Indiana Bar Foundation and the Illinois Bar Foundation) offered tens of thousands of dollars in aid to help shore up the ailing legal system � aid which helped many lawyers re-establish practices, either in temporary or permanent locations.

Now, the Louisiana State Bar Association (LSBA) and the Louisiana Bar Foundation (LBF) have established the 2008 Midwest Flood Disaster Relief Fund to offer financial assistance to the Midwest legal communities affected by this flooding, including those who helped in Louisiana�s time of need. Members of Louisiana�s legal community are being asked to donate money to the fund, with the local bar recipients themselves determining the best use of those funds based on the specific areas� needs.

LSBA President Elizabeth Erny Foote is pleased that this initiative will give Louisiana attorneys the opportunity to have an active hand in the Midwest�s recovery. �This is Louisiana�s opportunity to reach out to those who reached out to Louisiana,� she said.

LBF Immediate Past President Elwood F. Cahill has just returned from a site visit to Cedar Rapids, Iowa, where floodwaters inundated 1,300 city blocks over a 9.2-square-mile area and forced the evacuation of 24,000 people. Part of Cahill�s mission was to determine the best ways to offer assistance and to get a firsthand look at how the legal system has been coping.

�Witnessing the devastation in Cedar Rapids reminded us of the devastation here in New Orleans. It was as if we were driving in the Lakeview area post-Katrina,� Cahill said. �By making a donation to the fund, we can share with our colleagues in the Midwest that people do care and that recovery is possible.�

The fund will be administered by the LBF and allows members of the legal community to assist their colleagues in this time of need. Donations should be made payable to the �LBF Midwest Flood Relief Fund,� c/o Louisiana Bar Foundation, 601 St. Charles Ave., New Orleans, LA 70130.

Click here to Donate Online

If you have any questions or need additional information on the fund, contact Laura Sewell, LBF Development Director, at (504)561-1046 or laura@raisingthebar.org.

Elizabeth Erny Foote Installed as 68th President of the Louisiana State Bar Association

Elizabeth Erny Foote, a partner in The Smith Foote Law Firm, L.L.P., in Alexandria, was installed June 13 as the 68th president of the Louisiana State Bar Association (LSBA), in conjunction with the LSBA�s Annual Meeting in Florida. Administering Foote�s oath of office was her brother, the Hon. John J. Erny, Jr., a retired 17th Judicial District Court judge.

Foote, who holds the distinction of being the first woman LSBA officer when she was installed as treasurer for a two-year term in 1994, views herself as the �steward� of the president�s position and wants to offer continuity for the success of long-term Bar goals. Her agenda is simple and limited, she said, to help �advance the ball� on a host of issues affecting the members of the Bar, among them, increasing diversity within the profession, promoting public appreciation of the rule of law and augmenting communication among lawyers. She also is focusing on assisting lawyers transitioning out of the legal profession to assure that clients are served in the process.

Foote received a BA degree, with honors, in 1974 from Louisiana State University, an MA degree in 1975 from Duke University and her JD degree in 1978 from LSU Paul M. Hebert Law Center. She was admitted to practice in Louisiana in 1978.

Following graduation from law school in 1978, Foote initially worked in Alexandria as a law clerk for the Hon. William Culpepper before entering private practice at a time when few women were choosing law, and even fewer were choosing trial work. She began to build her trial practice, focusing first on domestic cases, then working for insurance companies and other corporate clients.

Foote�s contributions to leadership within the LSBA goes back many years. She chaired the LSBA Continuing Legal Education Committee and several other committees. She served on the LSBA Board of Governors and House of Delegates and worked with the Louisiana Bar Journal�s Editorial Board. For her outstanding service, she received the 1994 President�s Award.

She served as president of the Louisiana Civil Justice Center and co-chaired the Disaster Relief Committee in 2005. She is a member of the Louisiana Association of Defense Counsel, the Louisiana Association for Justice and the LSU Law Center Board of Trustees. She has served as an adjunct professor at LSU Law Center in the area of appellate advocacy.

Foote has long been an active community leader as well. In the early 1980s, she served as the chair of the Louisiana Commission on Equal Rights. She also served for two years as the chair of the Governor Edward�s Fifty State Project, which examined the laws impacting the rights of women in all 50 states and compared them to Louisiana�s laws. Her dedication to Hope House, a shelter for homeless women and children, spanned nine years of service on its board of directors. More recently, she has devoted considerable time to the Central Louisiana United Way, having served as its president.

She has received numerous awards, including the 2004 Alexandria Human Relations Commission Award for her efforts in promoting better understanding and quality of life in her community; the 2004 Louisiana Heroine Award presented by the Louisiana Association of Nonprofit Associations, Louisiana, Louisiana Philanthropy Initiative; the 2000 Central Louisiana Woman of the Century Award; the 1996 Central Louisiana Women Business Owners� �Business Owner Woman of Excellence� Award; and the 1980 Outstanding Young Career Woman of Louisiana Award from the Louisiana Business and Professional Women. She also was cited in a national publication for her efforts in establishing a Legal Help Call Line for victims of Hurricanes Katrina and Rita.

She and her husband, W. Ross Foote, a retired 9th Judicial District Court judge, are the parents of two sons.

Louisiana State Bar Association Installs 2008-09 Officers and Board of Governors at Annual Meeting

The Louisiana State Bar Association�s (LSBA) 2008-09 officers and members of the Board of Governors were installed June 13, in conjunction with the LSBA�s Annual Meeting in Florida.

Elizabeth Erny Foote, a partner in The Smith Foote Law Firm, L.L.P., in Alexandria, was installed as the 68th president of the LSBA. Administering her oath of office was her brother, the Hon. John J. Erny, Jr., a retired 17th Judicial District Court judge. Foote holds the distinction of being the first woman to serve as an LSBA officer when she was installed as treasurer for a two-year term in 1994.

Kim M. Boyle, a partner in the New Orleans office of Phelps Dunbar, L.L.P., was installed as 2008-09 president-elect by the Hon. Pascal F. Calogero, Jr., Chief Justice of the Louisiana Supreme Court. Boyle will assume the position of LSBA president in 2009-10 and will become the first African-American woman to hold that office.

Jack K. Whitehead, Jr., a shareholder in the Whitehead Law Firm in Baton Rouge, was installed as 2008-10 treasurer by Chief Justice Calogero.

Mark A. Cunningham, a partner in the New Orleans office of Jones, Walker, Waechter, Poitevent, Carr�re & Den�gre, L.L.P., will continue his service as LSBA secretary for one more year. He also serves as editor of the Louisiana Bar Journal, the LSBA�s bimonthly magazine.

S. Guy deLaup, the 2007-08 LSBA president, will continue his service as immediate past president. deLaup is a sole practitioner in Metairie.

View all 2008-09 Board of Governors' profiles.

LSBA Issues Statement on Palmer Article

The Louisiana State Bar Association condemns unfounded attacks upon the integrity of the judiciary. Accordingly, it urges members and the public to disregard the unsupported allegations against Justices of the Louisiana Supreme Court which have lately been reported in the press. These press reports were based on a study authored by Professors Vernon Valentine Palmer and John Levendis and recently published in the Tulane Law Review. However, many aspects of the article have been drawn into question and, as Palmer and Levendis have themselves written, �[i]t is worth observing that . . . [their] . . . article does not claim that there is a cause and effect relationship between prior donations and judicial votes in favor of donors� positions.�

A fair and impartial judiciary is the cornerstone of our system of government. The legislative and administrative branches establish and execute policy, but the judicial branch assures that the rule of law is a constant in the lives of our citizens. To imply that the Louisiana Supreme Court renders decisions based upon anything other than the facts and law of each particular case not only assassinates the character and reputation of the individual Justices, but it also operates to severely undermine the public�s confidence in Louisiana�s justice system. The authors state that they do not intend to suggest that justice can be bought in Louisiana. While the Association recognizes that the nature of an open and democratic system includes public debate about how those who serve in government should be chosen, it denounces any attempt to frame such a debate with innuendo and unsubstantiated assaults on the honesty of the highest court in the state.

View Statement from Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr.

View Supreme Court�s rebuttal by E. Phelps Gay and Kevin R. Tully

View the Economists� Critique

View the Palmer Article

LSBA Thanks 2008 Annual Meeting and Summer School Sponsors/Exhibitors

The Louisiana State Bar Association wishes to acknowledge the generous donations from the sponsors and exhibitors of the 67th Annual Meeting and 24th Summer School. The participation of these businesses and organizations assured the success of these annual events.

Annual Meeting Sponsors
ABA Retirement Funds
Gilsbar, Inc.
Legal Directories Publishing Co.
LexisNexis
The Capitol Group
Synergen Consulting

Annual Meeting Exhibitors
ABA Retirement Funds
Amset Group
Baton Rouge Bar Association
Bourgeois Bennett CPAs Consultants
Gilsbar, Inc.
Finra Dispute Resolution
Kay E. Donnelly & Associates
Lawyers USA
Legal Directories Publishing Co.
Legier & Materne, apac
LexisNexis
Louisiana Bar Foundation
Louisiana Center for Law and Civic Education
Louisiana State Bar Association
Northwestern Mutual Financial Network
Rimkus Consulting Group, Inc.
Synergen Consulting
Thomson Findlaw
Thomson West
U.S. Forensic

Summer School Exhibitors
Amset Group
Automatic Filing Systems, Inc.
Bourgeois Bennett CPAs Consultants
Gilsbar, Inc.
Kay E. Donnelly & Associates
Legal Directories Publishing Co.
Legier & Materne, apac
LexisNexis
Louisiana State Bar Association
Northwestern Mutual Financial Network
Rimkus Consulting Group, Inc.
Thomson Findlaw
Thomson West
U.S. Forensic

Diversity And The Minority Job Fair

Participate in the LSBA Minority Involvement Section's Minority Job Fair, Friday, August 15, 2008, 11:30 a.m. - 8:00 p.m., Tulane University Law School (6329 Freret Street, New Orleans, LA). Employers are actively working to recruit and retain diverse attorneys of high quality not only because it is the right thing to do, but also because it makes good business and economic sense.

At the 20th Annual Minority Job Fair, you will have the opportunity to compress into a single day state-wide interviewing of highly talented students and recent graduates with diverse backgrounds from Loyola University New Orleans College of Law, Louisiana State University Law Center, Southern University Law Center, and Tulane University Law School. Employers will have the opportunity to conduct 18 interviews throughout the day. Information tables are also available for those who want to meet participants without the added pressure of making immediate job offers.

The deadline to register to obtain an interview room and schedule has passed. However, you may still register to have an information table or collect resumes of the impressive participants and attending the Diversity Networking Reception. To register, please log onto https://law-lsba-csm.symplicity.com/employers or contact Kelly Legier (kelly.legier@lsba.org; 504-619-0129)

For the first time ever, the Fair will culminate in a FREE diversity networking reception at the Tulane University Law School from 6:30 p.m. to 8:00 p.m. Employers will have the opportunity to meet and network with students and recent graduates regardless of their participation in the formal interviewing sessions. Employers who interviewed during the Fair can attend the reception to meet participants whom they did not have the opportunity to interview and can further develop relationships with participants they did interview. Employers who are unable to participate in the interview session because of time or because their current hiring needs discourage participation, can attend the reception to meet participants. Contacts made in this informal setting could prove invaluable for future employment opportunities. In addition to providing an incredible networking opportunity, the MIS will recognize the 1985 initiators of the Minority Job Fair: David Bienvenu, Judy Perry Martinez, and Avis Russell.

Click here for sponsorship information and to download brochures.

Louisiana State Bar Association Young Lawyers Section�s 2008-09 Officers and Council Members Installed

The Louisiana State Bar Association (LSBA) Young Lawyers Section�s (YLS) 2008-09 officers and Council members were installed June 12, in conjunction with the LSBA�s Annual Meeting in Florida.
Valerie Briggs Bargas of Baton Rouge was installed as 2008-09 Section Chair by Judge Mary �KK� Norman. Joining Bargas as officers are Chair-Elect Melanie Mabile Mulcahy of Metairie, who will assume the chair�s position in 2009-10; Secretary Alainna R. Mire of Alexandria; and Immediate Past Chair Karleen Joseph Green of Baton Rouge.

Valerie Briggs Bargas is a senior associate in the Baton Rouge firm of Seale, Smith, Zuber & Barnette. She received a BA degree, cum laude, in 1998 from Smith College and her JD degree in 2001 from Tulane Law School. She was admitted to practice in Louisiana in 2001.

Bargas served as the LSBA�s YLS chair-elect in 2007-08, secretary in 2006-07 and District 5 representative in 2005-06. She serves on the LSBA�s Continuing Legal Education Committee (2004-present) and is a member of the American Bar Association, the Louisiana Association of Defense Counsel and the Baton Rouge Bar Association.

In her community, she serves on the board of directors for the Capital Area CASA (Court-Appointed Special Advocates).

Melanie Mabile Mulcahy is an associate with The Derbes Law Firm, L.L.C., in Metairie. She received a BA degree in 1994 from Tulane University�s Newcomb College and her JD degree in 1999 from Louisiana State University Paul M. Hebert Law Center. She was admitted to practice in Louisiana in 2000.

She served as 2007-08 secretary of the LSBA�s YLS. She also has served as a LSBA young lawyer delegate to the American Bar Association (ABA) House of Delegates, as the LSBA Young Lawyers Section delegate to the ABA Young Lawyers Division (YLD), and as a member of the Louisiana State Law Institute.
She is a member of the American Bar Association and Jefferson Bar Association. She received the LSBA President�s Award in 2003, the Young Lawyers Section�s Bat P. Sullivan Chair�s Award in 2002 and 2007, and the ABA YLD Star of the Quarter Award in February 2003.

Alainna R. Mire is assistant attorney for the city of Alexandria. She received a BA degree in political science in 2000 from Louisiana State University and her JD/BCL degree in 2004 from LSU Paul M. Hebert Law Center. She was admitted to practice in Louisiana in 2004.

She has served as District 6 representative on the LSBA�s YLS Council. She is a member of the Alexandria Bar Association�s Young Lawyers Council, the American Bar Association and the Crossroads American Inn of Court of Alexandria/Pineville. She also serves as a member of the Central Louisiana Pro Bono Project board and as an attorney member of the city of Alexandria Human Relations Commission.

Karleen Joseph Green is a partner in the Baton Rouge office of Phelps Dunbar, L.L.P. She received a BS degree in accounting in 1994 from Louisiana State University and her JD degree in 1997 from LSU Paul M. Hebert Law Center. She was admitted to practice law in Louisiana in 1997.

Green served as the LSBA�s YLS chair in 2007-08, chair-elect in 2006-07, secretary in 2005-06 and as a District 5 Council representative from 2002-05. She served on the LSBA Budget Committee in 2006-07. She also is a Louisiana Bar Foundation Fellow. She received the LSBA Young Lawyers Section�s Bat P. Sullivan, Jr. Chair�s Award in 2003-04.

She is a member of the Federal Bar Association (Labor and Employment Section Governing Board), the American Bar Association (member, Employee Benefits and Labor and Employment Law Section) and the Baton Rouge Bar Association (member, Holiday Star Committee).

In her community, she is a member of the Junior League of Baton Rouge and Wesley United Methodist Church (chair of Youth Ministry and vice chair of the Pastor Parish Relations Committee).

Judge Mary �KK� Norman also installed members of the 2008-09 Council.

Members include:
District One: Walter J. Leger III and Eve M. Sarco, both from New Orleans.
District Two: Ryan E. Beasley, Sr., New Orleans; and Jennifer L. Zeringue, Gretna.
District Three: Maggie Trahan Simar, St. Martinville.
District Four: Shayna L. Sonnier, Lake Charles.
District Five: Carla S. Courtney and Kyle Ferachi, both from Baton Rouge.
District Six: Barbara Bell Melton, Alexandria.
District Seven: Jefferson B. Joyce, Monroe.
District Eight: Karelia R. Stewart, Shreveport.
At-Large Representative: Tricia R. Pierre, Lafayette.
ABA YLD Representative: Shannon Wright, Plaquemine.
YLS Representative/ABA House of Delegates: Lawrence J. Centola III, New Orleans.