Louisiana

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This information is for educational purposes only. Do not rely on these cases as being the most recent cases. They are here to teach or illustrate a point of law only.

 Rules of Conduct

Paralegal Regulation Conflicts of Interest
Confidentiality
Negligence/Competence
Competence & Negligence
Confidentiality Confidentiality Paralegal Regulation Paralegal Regulation
 

State Bar

Disciplinary Board
They publish uptodate disciplinary cases

Has an Ethics Advisory Service Committee

Has an Assistance Program alternative to lawyer discipline

What is "unethical behavior." Click here to find out!

Louisiana Paralegal Association

Rule 1.8

Of interest is that, in 2008, Louisiana considered adding subsection "j" to Rule 1.8. This addition would have made sexual relations with clients a conflict of interest. The ABA Rules have a subsection "j" but LASB did not adopt it.

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UPL UPL/Misrepresentation Attorney/Client Privilege Advertising/Solicitation
Client Trust Accounts
Attorney violates 5.3 by letting paralegal practice law.  In re Mopsik, 902 So.2d 991 (LA 2005)

LSA-R.S. 37:212 and 213 in the Professions and Occupations Code

Rule 5.3(c)(1); assisting a non-lawyer in performing an activity that constitutes the unauthorized practice of law

LOUISIANA STATE BAR ASSOCIATION vs. CARR AND ASSOCIATES, INC. AND EARL T. CARR, JR. (2009)
15 So. 3d 158; 2009 La. App. LEXIS 727

Read In Re Lawrence Sledge, 859 So.2d 671 (2003) for an attorney who gave his paralegal a rubber stamp of his signature!

 

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Article 506 of the Louisiana Code of Evidence

 

New advertising rules as of October 2009

LSA-R.S. 37:219 A states that “[i]t shall be unlawful for any attorney to pay money or give any other thing of value to any person for the purpose of obtaining representation of any client.”
See State of Louisiana v. Michael White. No. 01-KA-1164. -- February 26, 2002

Straight-forward case of attorney mis-using his trust account.
Fair Fees Paralegal Fees Intimate Relations with Clients Drug/Alcohol Abuse Pro Bono
LA has a "client protection fund" to help people who have lost money because of a dishonest or incompetent lawyer.

Richlin v. Chertoff 2008 US Supreme Court recovery of paralegal fees

For a straight-forward case on fees (and awarding $85/hr for paralegals) google "Amica Life Insurance vs. White" and read the order on Justia

In re Ashy, 721 So. 2d 859 (1998), and In re Schambach, 726 So. 2d 892 (La. 1999), court acknowledged that the current Louisiana Rules of Professional Conduct include no provisions specifically prohibiting Louisiana lawyers from engaging in sexual relations with their clients. Nevertheless, the court concluded that the particular sexual relationship in issue substantially interfered with the lawyer’s professional responsibilities.

In re DeFrancesch, 877 So. 2d 71 (La. 2004) (sanctioning lawyer for inappropriate sexual relations with client despite the existence of a preexisting relationship)

Read Louisiana's LAP 2009 report and learn all about this program. .Guidelines for Pro Se Service
watch out. Large doc
Special Duties of the Prosecutor Overly Zealous Conduct Misc.

 

Reporting Misconduct .
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