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Louisiana Legal Ethics Newsletter: January 2019

January 2019 Newsletter

What Should I Do With Funds in Trust When I Can't Find the Client?

In 2016, the Louisiana Supreme Court amended the rules of professional conduct to provide guidance to lawyers as to the what to do with “Unidentified Funds” in a trust account. “Unidentified Funds” include funds that "cannot be documented as belonging to a client, a third person, or the lawyer or law firm.” As to such funds, a lawyer “must remit the funds to the Louisiana Bar Foundation.” The court, however, did not address a related (and perhaps more common) problem: What must a lawyer do when the lawyer can source trust monies to a specific client but simply can’t find the client? A new November 2018 amendment to the rules finally provides an answer.

Get Your CLE or Else

The Louisiana Supreme Court suspended this Baton Rouge lawyer for six months, with all but thirty days deferred, for his repeated failures to comply with annual CLE requirements. Finding that the respondent had “been ineligible for seven of thirteen years since his admission to the bar,” the court held that “his conduct cannot be excused as a ‘simple oversight.'”

New 2019 Louisiana Legal Ethics Book

Louisiana Legal Ethics: Standards & Commentary (2019). For straightforward answers to professional responsibility questions, get this comprehensive source for Louisiana legal ethics rules, cases, and indispensable practical advice. Updated for 2019 with more than 70 new cases, significant amendments to Louisiana’s rules, and a year-in-review summary that looks back at 2018's most important developments in legal ethics. Learn More or Buy from Amazon.

ABA Publishes "Toolkit" for Lawyer Well-Being

Lawyers are a lonley lot. With that (sad) fact in mind, the ABA in 2017 created a “Working Group to Advance Well-Being in the Legal Profession” in an effort “to examine and make recommendations regarding the current state of attorney mental health and substance use issues with an emphasis on helping legal employers support healthy work environments.” In December 2018, the Working Group published a “Well-Being Toolkit for Lawyers and Legal Employers” to provide guidance to lawyers and law firms interested in the well-being initiative. Here’s a summary of the summary.

Former Federal Prosecutor Disbarred for Anonymous Online Posts

On December 5, 2018, the Louisiana Supreme Court disbarred a former federal prosecutor, Salvador R. Perricone, for inappropriate online posts relating to cases handled by his office.

This Month in Discipline

Who was reprimanded, suspended, and disbarred last month? You can wait for the next LSBA Bar Journal. Or, you can see right now: This Month in Louisiana Lawyer Discipline.
Copyright © 2019 Louisiana Legal Ethics, All rights reserved. A free, monthly newsletter by Prof. Dane S. Ciolino of Loyola University New Orleans College of Law covering recent developments in legal ethics for Louisiana lawyers.
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