Louisiana Legal Ethics Monthly Newsletter: December 2017

December 2017 Newsletter

LSBA Considers New Anti-Discrimination and Anti-Harassment Rule of Professional Conduct

On November 27, 2017, the LSBA Rules of Professional Conduct Committee made its recommendation as to whether Louisiana should adopt a new ABA Model Rule prohibiting various forms of discrimination and harassment. The ABA's controversial new rule subjects a lawyer to discipline for "conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law." How did the committee's 7-4 vote turn out?

LSBA Considers Whether All Fee Agreements Must be in Writing

Under existing Louisiana law, only contingent fee agreements must be in writing. As to all other types of fee agreements—including hourly-fee agreements and fixed-fee agreements—no writing requirement exists. Will this change?

LSBA Proposes Sweeping New Rule on Fixed Fees

Louisiana lawyers are now free to spend a fixed fee the moment the fee is received; no obligation exists to deposit such a fee into trust. This could change. The LSBA has proposed a revision to Rule 1.5(f)(2) that would require fixed fee and minimum fee payments to be “placed in the lawyer’s trust account until earned.” However, it would permit the lawyer, “with the informed consent of the client,” to “set reasonable milestones occurring during the representation to allow these funds to be transferred from the trust account to the operating account as fees are earned.”

"My Spam Filter Ate My Homework"

That excuse from a law firm did not get very far with these judges. Do you know what’s in your spam inbox? You should. 

2017 Edition of Louisiana Legal Ethics Book

Louisiana Legal Ethics: Standards & Commentary (2017). The current edition of our ethics book in paperback and Kindle editions. What's inside? The Louisiana Rules of Professional Conduct with detailed annotations; selected “professionalism” codes; answers to frequently asked legal ethics questions; and, more.

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 © 2017 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.
Email Marketing Powered by Mailchimp