Louisiana Legal Ethics

Twitter Round-Up for Week Ending 2010-02-06

Dane S. Ciolino — Sun, 07 Feb 2010 04:00:00 +0000

Twitter Round-Up for Week Ending 2010-01-30 http://goo.gl/fb/XVxg #
LASC permanently disbars Alton Bates or criminal conviction of four counts of Medicare-related fraud http://bit.ly/b5CYmd #
LASC permanently disbars Vincent C. Cofield for possession of drug paraphernalia and UPL while disbarred http://bit.ly/d2wNHe #
LASC disbars Darien D. Lester for conversion of third-party funds and engaging in frivolous and vexatious litigation http://bit.ly/cntSyn #
LASC actively suspends Charles R. Whitehead, III, for a year-and-a-day for repeated neglect and failure to communicate http://bit.ly/dxFlJA #
LASC accepts permanent resignation of Jacob J. Amato, Jr., for misconduct re impeachment of Judge Thos. Porteous http://bit.ly/d3PdJl #
LASC accepts permanent resignation of Robert G. Creely for misconduct re impeachment of Judge Thos. Porteous http://bit.ly/9jxOq7 #
LASC Amends Procedural Rules Governing Disciplinary Matters http://goo.gl/fb/WXwl #
Don't do this. "Masturbatory hand gesture" lawyer reports to jail http://bit.ly/dnadCj #
Ohio Sup Ct suspends lawyer for bigamous relationship and false stmt in marr license app that prior marriage had ended http://bit.ly/9pfqJz #
LADB HC recommends disbarment of Marvin E. Robinson, Jr., for forging sig on settlement docs and converting proceeds http://bit.ly/cTzY9b #
Pssst, Buddy—Wanna Buy a Client? | Lawyerist http://bit.ly/9pGrCL #
LASC disbars Gregory Van Judice for conversion of funds, neglect of matters and other misconduct http://bit.ly/aIRFiS #
LASC disbars Michael Wayne McClanahan for neglect of matters, failure to communicate, conversion and other misconduct http://bit.ly/aL0A0x #
LASC disbars Kenneth F. Sarma for conversion of funds, failure to communicate and other miscond re tax representation http://bit.ly/c2u5u9 #
LASC unconditionally admits John F. Crawford, II, to practice law after successful probationary period of admission http://bit.ly/d8Rcx9 #
LASC imposes fully-deferred suspension on Louis G. Scott for neglect of matters and failure to communicate http://bit.ly/9skySX #

LASC Amends Procedural Rules Governing Disciplinary Matters

Dane S. Ciolino — Sun, 31 Jan 2010 20:27:08 +0000

Effective January 5, 2010, the Louisiana Supreme Court amended certain procedural rules governing Louisiana lawyer disciplinary proceedings. More particularly, the court amended LASC Rule 19, section 18(B) as follows:

To prohibit dispositive motions by the respondent “such as those seeking summary judgment or dismissal prior to completion of the evidintiary record on both charges and defenses”; and,
To provide that the “[n]o provision of the Louisiana Code of Evidence shall prevent the introduction of sworn testimony from administrative proceedings, civil or criminal trials, or hearings of a contradictory nature where the respondent has cross-examined or had the opportunity to cross-examine the witness whose testimony is sought to be introduced.”

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Twitter Round-Up for Week Ending 2010-01-30

Dane S. Ciolino — Sun, 31 Jan 2010 04:00:00 +0000

Twitter Round-Up for Week Ending 2010-01-23 http://goo.gl/fb/DHbV #
WSJ reports “States Weigh Judicial Recusals Some Judges, Businesses Oppose Restrictions on Cases Involving Campaign $” http://bit.ly/74Fuiv #
Articles of impeachment approved against Judge Porteous http://bit.ly/aMloYh #
Good professionalism tip: Think Angry Thoughts, But Don’t File Them http://bit.ly/dvJQ87 #
Law of Criminal Defense – Anatomy of a Murder: “The Lecture” http://bit.ly/8XhAkU #

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Twitter Round-Up for Week Ending 2010-01-23

Dane S. Ciolino — Sun, 24 Jan 2010 04:00:00 +0000

10th cent BC Hebrew tablet has professionl’sm mess’g for lawyers: defend the defenseless http://bit.ly/7L1i5J hat tip to Leg Ethics Forum #
LASC places Paul J. McMahon, III, on interim suspension for threat of harm http://bit.ly/6SAcVK #
IL Legal Ethics Review Board suspends lawyer for 18 mos for inflating law school grades on resume while a law student http://bit.ly/51gZcD #
Depression Is Rising as Lawyers Lose Jobs and Sense of Entitlement (via ABA Journal) http://bit.ly/8ouEDf #
Louisiana Supreme Court Forbids Cash Withdrawals from Lawyer Trust Accounts http://goo.gl/fb/cxyd #
TP’s James Gill on “plainly specious” reasoning (his words) in LASC opinion disbarring former judge C. Hunter King http://bit.ly/58mMfo #
TP reports that Judge Thomas Porteous impeachment case on agenda for a preliminary vote http://bit.ly/5Cq3ae #
LADB HC recommends one-year suspension for Arcenious Francis Armond, Jr., for mishandling criminal matters http://bit.ly/4rJhZf #
LADB HC recommends permanent disbarment of Dreola Guyton for practicing while suspended and mishandling client funds http://bit.ly/88NkFl #
LADB recommends permanent disbarment of Malcolm R. Petal for federal fraud conviction and UPL while suspended http://bit.ly/7zgDlY #
LADB HC recommends dismissal of formal charges against Stacy C. Wheat for allegedly making misrepresentations to court http://bit.ly/7xQk77 #
AP reporting that House impeachment task force has unanimously recommended that House impeach Judge Tom Porteous http://bit.ly/6nFtA5 #
CA appellate court approves contingent fee arrangement for lawyer hired by governmental entity http://bit.ly/8f7zGF #
LADB recommends 3 months active suspension against Harvey Wayne Cooke http://bit.ly/5dA1Ww #
LADB recommends fully deferred three month suspension of Elise Marybeth LaMartina. http://bit.ly/6cwQVM #
The Board recommends fully-deferred suspension of Edward M. Nichols, Jr. http://bit.ly/8R6TlT #
LADB recommends that Edumund Joseph Woods, II, be suspended for a period of eighteen months, with six months deferred. http://bit.ly/8dSV4x #
LASC disbars Harry J. Boyer, Jr., for failure to communicate, neglect and failure to cooperate with ODC investigation http://bit.ly/6uwYVh #
LASC suspends John Jewell Pace for a year-and-a-day for possession and use of illegal drugs http://bit.ly/7TNPVQ #
LASC accepts permanent resignation of former judge Wayne G. Cresap following guilty plea to conspiracy to commit fraud http://bit.ly/4TiUOE #
LASC denies bar admission to Andrea Nathan for forging notarization on bar application http://bit.ly/8edA17 #

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Louisiana Supreme Court Forbids Cash Withdrawals from Lawyer Trust Accounts

Dane S. Ciolino — Tue, 19 Jan 2010 17:31:21 +0000

Effective January 6, 2010, the Louisiana Supreme Court amended Louisiana Rule of Professional Conduct 1.15(f) to include the following language: “A lawyer shall not use any debit card or automated teller machine card to withdraw funds from a client trust account. On client trust accounts, cash withdrawals and checks made payable to “Cash” are prohibited.” Therefore, any withdrawal from a lawyer’s client trust accounts must now be made by check payable to a named payee.

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Twitter Round-Up for Week Ending 2010-01-16

Dane S. Ciolino — Sun, 17 Jan 2010 04:00:00 +0000

Conn Bar Attacks Web-Based Legal Services : eLawyering Blog http://bit.ly/6dM8QB #
Excellent post over at Defending People on answering The Question (“Why do you defend the guilty Mr. Lawyer.”) http://bit.ly/8zRQgH #
WSJ 2010 job ranking places “attorney” at no. 80: 3 slots better than “janitor” but 2 worse than “cosmetologist.” http://bit.ly/6ykAyW #
Excellent TV advertisement for personal injury firm. http://bit.ly/52ZSfU #
NYT article on job prospects for new law grads: “No Longer Their Golden Ticket” http://bit.ly/7WPy1A #

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New Proposal Would Require Civil Defense Lawyers to Notify Plaintiffs of Settlement

Dane S. Ciolino — Tue, 12 Jan 2010 16:41:27 +0000

The LADB Office of Disciplinary Council may soon propose amendments to the Louisiana Rules of Professional Conduct requiring the lawyer for a defendant in a civil action to send notice of an impending settlement directly to the plaintiff notwithstanding that the plaintiff is represented by counsel. The Department of Insurance may propose parallel legislation imposing such an obligation on Louisiana insurance companies. Similar proposals have been considered in other states and by the ABA. These proposed standards are designed to prevent plaintiffs’ lawyers from converting settlement proceeds received on behalf of clients. We’ll keep you posted as these proposals develop.

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Twitter Round-Up for Week Ending 2010-01-09

Dane S. Ciolino — Sun, 10 Jan 2010 04:00:00 +0000

LADB recommends dismissal of formal charges against Gregory L. Thibodeaux b/c inadequate evid of UPL during suspension http://goo.gl/oa9O #
Professional Responsibility: Comment on issue of judges using facebook and other social media – http://goo.gl/VnPS #
Keeping The Cash Cow Happy: One practitioner’s argument for more practical instruction of LAWyering in LAW schools http://bit.ly/5bbfqO #
LADB Hearing Committee recommends public reprimand for Daniel James Stanford for failure to communic and mishandling prop http://goo.gl/myMW #
LADB Hearing Committee recommends fully-deferred suspension for Glenda August for failure to file suit and to communic http://goo.gl/xGwm #
Arizona State Bar Association issues ethics advisory opinion approving of encrypted on-line file storage http://goo.gl/orak #
DOJ issues new guidelines regarding criminal discovery practices, including production of exculpatory info to defense http://goo.gl/anpv #
Former Plaquemines Judge Roe sentenced to three months in jail http://goo.gl/g7Z2 #
LADB recommends permanent disbarment of Robert L. Hackett for multiple instances of conversion of client funds http://goo.gl/AC5B #
LADB HC recommends disbarment of Wade R. Richard for criminal conduct, including forgery, perjury and battery http://goo.gl/rTkZ #
LADB HC recommends permanent disbarment of Robert C. Arledge for fed’l crim convictions arising from Fen Phen settlement http://goo.gl/CeK9 #
Simple Justice Blog mocking Avvo Answers: “Avvocative: You Get What You Pay” For http://bit.ly/6tODJZ #
LASC accepts permanent resignation in lieu of discipline from Victor J. Dauterive, Jr., after federal fraud conviction http://bit.ly/4QT6Gc #
LASC unconditionally admits Heather C. Ford to practice of law http://bit.ly/6X13Of #
LASC conditionally admits Jenna S. Ard to practice of law http://bit.ly/89YDkF #
LASC conditionally admits James W. Carrington, III, to the practice of law http://bit.ly/7PHiju #
LASC imposes 3-month active suspension on Lon E. Roberson for failure to pay third-party medical service provider http://bit.ly/6FlSBr #
LASC imposes 30-day active suspension on Francis C. Broussard for neglect of client matter and failure to release file http://bit.ly/5ymtQB #
LASC disbars C. Hunter King for payroll-fraud criminal conviction arising out of campaign fundraising while a judge http://bit.ly/5iAZCQ #

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Twitter Round-Up for Week Ending 2010-01-02

Dane S. Ciolino — Sun, 03 Jan 2010 04:00:00 +0000

Need on-line or live programs approved for Louisiana CLE (incld’g ethics and professionalism)? See DigitalWorkflowCLE: http://bit.ly/5D3BFX #
Excellent perspective on the work of the criminal defense lawyer: Norm Pattis: Another Year In The Trenches http://bit.ly/8g3ayd #

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ABA to Discuss New Standards Regarding Ethics Education in Law Schools

Dane S. Ciolino — Thu, 31 Dec 2009 18:16:47 +0000

The ABA Section of Legal Education, Standards Review Committee will meet on January 8-9, 2010 to consider new standards for “Learning Outcomes” at ABA Accredited law schools. These proposed standards, if adopted, would require law schools to have an educational program that produces the following outcomes (among others):

“proficiency as an entry level practitioner in . . . the ability to recognize and resolve ethical and other professional dilemmas”;
“a sufficient depth and breadth of other professional skills that the law school identifies as necessary for effective, responsible and ethical participation in the legal profession”; and,
“knowledge and understanding of . . . a lawyer’s ethical responsibilities as representatives of clients, officers of the courts, and public citizens responsible for the quality and availability of justice, . . . and the legal profession’s values of justice, fairness, candor, honesty, integrity, professionalism, respect for diversity and respect for the rule of law.”

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