2009-10-09 lsba rules committee minutes

8/14/2019 2009-10-09 LSBA Rules Committee Minutes

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LOUISIANA STATE BAR ASSOCIATION

RULES OF PROFESSIONAL CONDUCT COMMITTEE

MEETING MINUTES

FRIDAY, OCTOBER 9, 2009 AT 1:30 P.M.

Roll Call

Participants:

Richard C. Stanley, Chair

Susan B. Barnett, Committee Member

Jennifer B. Bechet, Committee Member, via conference callShaun G. Clarke, Committee Member

Val P. Exnicios, Committee Member

Pablo Gonzalez, Committee MemberSam Gregorio, Committee Member, via conference call

Sheryl M. Howard, Committee Member

Clare F. Jupiter, Committee MemberMichelle Marney, Committee Member, via conference call

Ryan M. McCabe, Committee Member

Sharrolyn J. Miles, Committee Member, via conference call

William M. Ross, Committee MemberLeslie J. Schiff, Committee Member, via conference call

Marta-Ann Schnabel, Committee Member

Joseph Larry Shea, Jr. Committee MemberLauren A. McHugh, Supreme Court Liaison, Ex-officio

Richard K. Leefe, Board Liaison

Richard P. Lemmler, Jr., Ethics Counsel

Eric Barefield, Assistant Ethics CounselWilliam King, Professional Programs Counsel

Not Participating:

Michael J. Begoun, Committee Member

Dane S. Ciolino, Committee MemberPaula H. Clayton, Committee Member

Harry S. Hardin, III, Committee Member

Paul J. Hebert, Committee MemberChristine Lipsey, Committee Member

Edward Walters, Jr., Committee MemberCharles B. Plattsmier, Disciplinary Liaison, Ex-officioCheri Cotogno Grodsky, Associate Executive Director for Professional Programs

Agenda Item 1. Roll Call

The Chair, Richard C. Stanley, called the meeting to order. Business was conducted in

accordance with the agenda below. New Committee members were welcomed to the Rules of


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Professional Conduct Committee and the mission statement of the committee was discussed.

Agenda Item 2. Approval of January 6, 2009 Meeting Minutes

The minutes from the meeting held on January 6, 2009 were adopted by the Committee.

Agenda Item 3. Request for Opinion May 20, 2008 letter from Leslie Schiff

Leslie Schiff discussed the issue of predatory lenders obtaining interests in litigation in violationof the spirit of revised 1.8(e). This is an ongoing problem for plaintiff lawyers who want to

follow the letter and spirit of the rules.

Marta Schnabel indicated she is aware of two related problems. The first is that it is possible that

some of the lenders obtaining litigation interests might be advertising in the Bar Journal.Further, there is a parallel problem where third party medical providers are up-charging their

advanced costs in certain cases.

The consensus of the Committee was to appoint a subcommittee to define the scope of the

problem and determine if there may be a solution. Leslie Schiff, Marta Schnabel and Val

Exnicios volunteered to be on the Subcommittee.

Agenda Item 4. Resolution re: Rule XIX and Adversarial Non-Client Litigation

Complaints

This matter was deferred until Paul Hebert or one of the authors of the resolution can speak on

the issue. It was noted that any resolution for the midyear meeting would need to be filed in

December. This resolution should be put on the agenda for the next meeting to hear from theauthors.

Agenda Item 5. Rule 26(f) modification

Bill Ross submitted a revised Rule XIX, Section 26(f) that would complement the Committees

prior action on Rule XIX, Section 26(a). The Committee will review and study the rule change

for the next meeting.

Agenda Item 6. Rules Regarding Mass Torts Val Exnicios

For the next meeting, Val Exnicios will make a short report with the top (5) issues concerning

mass torts where there may need a rule review.

Agenda Item 7. 3.8 of the Model Rules of Professional Conduct

There was discussion concerning the new Model Rule. While some committee members werein favor of the new rule it was the consensus that the rule needed more study. An email

discussion of the merits and negatives of the rule was encouraged. The Public Defenders

Association and the Right to Counsel Committee should be approached about their views. The

Chief Public Defender in the state should be contacted to comment. The rule should be put onthe website again for more comment.

Any decision in favor of the rule would need to go to the LSBA House of Delegates. This would


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best be at a Mid-year meeting where those with a stake in the rule would be allowed to speak.

This rule would be controversial. The Supreme Court would ultimately decide on

implementation.

Agenda Item 8. New ABA Model Rule 1.10 Dane Ciolino

This item was deferred.

Agenda Item 9. Recommendation to add ethics to the essay portion of the bar exam

Dane Ciolino

This item was deferred.

Agenda Item 10. Lawyer Advertising (Informational Item)

Richard Lemmler offered and presented a Lawyer Advertising educational session immediatelyafter the Rules of Professional Conduct meeting for interested committee members.

Adjournment

2009-10-09 lsba rules committee minutes

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