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Inside: Appellate reversal of workers’ comp cases The benefits of outsourcing IT Judicial interview: Judge Duke Welch BRBF Law Day Committee plans March 25th event Bar Luncheon Thursday, March 3

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Page 1: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

Inside:Appellate reversal ofworkers’ comp cases

The benefi ts ofoutsourcing IT

Judicial interview: Judge Duke Welch

BRBF Law Day Committee plans March 25th event

Bar LuncheonThursday, March 3

Page 2: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

March 20112 Around the Bar

Grand Hotel Marriott Resort, Golf Club & Spa in Point Clear, Ala.For more information, contact Ann G. Scarle: 225-214-5563 / [email protected]

April 28-302011 BRBA Bench Bar Conference

Featuring the Benjy Davis Project

To reserve your room, go to http://www.marriottgrand.comclick on “Special Rates & Awards”

and enter BABBABA in the box labeled “Group Code.”We have reserved a block of rooms from

Wednesday, April 27, through Saturday, April 30, 2011.

Come boogie with the Bench Bar Boogie Band as they make their fi nal appearance at a BRBA Bench Bar Conference.

2011 Conference sponsors:Adams and Reese, LLPAlliance TitleAmos and Laura DavisBaker, Donelson, Bearman, Caldwell & Berkowitz, PCBRBA Young Lawyers SectionBreazeale, Sachse & WilsonChaffe McCall, LLPDeCuir, Clark & Adams, LLPDowns, Saffi otti & BoudreauxDr. Michael J. Goff / Louisiana Health & Injury CentersKantrow, Spaht, Weaver & Blitzer, APLCKean, Miller, Hawthorne, D’Armond, McCowan & Jarman, LLPKeogh, Cox & WilsonKinchen, Walker, Bienvenu, Bargas & ReedLexis NexisLong Law FirmLouisiana State Bar AssociationMcGlinchey Stafford, PLLCNewman, Mathis, Brady & SpedaleOats & HudsonPendley, Baudin & Coffi n, LLPPerry, Atkinson, Balhoff, Mengis & Burns, LLCPerry Dampf Dispute SolutionsPhelps DunbarQuality Litigation Support, Inc.Roedel, Parsons, Koch, Blache, Balhoff & McCollisterSteffes, Vingiello & McKenzieStone Pigman Walther Wittman, L.L.C.Taylor, Porter, Brooks & Phillips, LLPUSDC–Middle District Bench Bar FundWalters, Papillion, Thomas, Cullens, LLCWest, a Thomson Reuters business Williamson, Fontenot & Campbell, LLC

Attending judges:Judge Yvette AlexanderJudge Jack DampfJudge Laura DavisJudge John Michael GuildryJudge Bonnie JacksonJudge Brian A. JacksonJudge Thomas Kliebert Jr.Judge Tony MarabellaJudge Pamela Moses-LaramoreCommissioner Rachel MorganJudge Bill MorvantJudge Ralph TureauJudge Alex “Brick” Wall

Past presidents in attendance:Mathile W. Abramson • Barbara Baier • Amy E. Counce • Fred T. Crifasi • Judge Jack Dampf • Michael Ferachi • Frank Fertitta • C. Kevin Hayes • Frank Holthaus

Jay M. Jalenak Jr. • Christine Lipsey • Judge Tony Marabella • Paul Marks • Mike McKay • Trent Oubre • Michael Patterson • Edward J. Walters Jr.

Featuring the Bench Bar Boogie Band

10.5 hours of CLE Credit

available

First -TimerRegistration Price:

$300

To register for the conference: http://www.brba.org/forms/BBC2011.pdf

For sponsorship information: http://www.brba.org/forms/BBCsponsorship.pdf

Page 3: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

March 2011 Around the Bar 3

On the cover: This month’s cover photo features 2011 BRBA Law Day

Committee members (L to R, front row) Fred Sliman; Melanie

Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair);

(L to R, back row) Donna Buuck (staff liaison), Glen Petersen,

Lynn Haynes (staff liaison), Beau Brock (vice chair) and Jeff

Wittenbrink. Law Day Committee members are seated in

the jury box in Courtroom 11A of the 19th Judicial District

Courthouse, 300 North Blvd.

Law Day 2011 will take place Friday, March 25, at the Baton

Rouge River Center, the new 19th Judicial District Courthouse

and Baton Rouge City Court.

Cover photography by Pamela Labbe.

insideMARCH 2011

4 Contributors

5 Letter from the president “Making sausage” BY PRESTON J. CASTILLE JR.

6 Bar luncheon

7 Tales from the bar side “The empty chair” BY VINCENT P. FORNIAS

8 YLS corner “Top 10 reasons why young lawyers should attend the 2011 Bench Bar Conference” BY JAMIE HURST WATTS

9 “Appellate reversal of workers’ comp cases: Two out of three won’t do” BY GAIL S. STEPHENSON

10 “The benefi ts of outsourcing IT” BY MICHAEL RICHMOND, CISSP

13 Judicial interview “Interview with Louisiana First Circuit Court of Appeal Judge Duke Welch” BY ADAM THAMES

16 Bar news

20 Gail’s grammar

21 West’s Jury Verdicts – Baton Rouge

22 Foundation footnotes

On the cover:

DUÉ, PRICE, GUIDRY, PIEDRAHITA & ANDREWS, P.A.IS PROUD TO ANNOUNCE THE ASSOCIATION OF

BOB DOWNINGAS

OF COUNSEL PLAINTIFF PERSONAL INJURY AND WRONGFUL DEATH, TRIALS AND APPEALS

8201 JEFFERSON HWY. • BATON ROUGE, LA 70809 • (225) 929-7481 • (225) 924-4519 FAX

WWW.DUEPRICE.COM • [email protected]

Page 4: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

March 20114 Around the Bar

AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to the editor. Articles should be less than 2,000 words, typed and single-spaced. A Microsoft Word fi le should be e-mailed as an attachment to: [email protected].

For advertising information call Pamela Labbe at 225-214-5560. Display ads should be e-mailed as a high-resolution attachment as a .PDF, and classifi ed ads as text only. Publication of any advertisement shall not be considered an endorsement of the product or service involved. The editor reserves the right to reject any advertisement, article or letter.

Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected].

Pamela Labbe is the communications coordinator of the Baton Rouge Bar Association.

Vincent P. Fornias, an assistant editor of Around the Bar, is a solo practitioner whose practice focus is alternative dispute resolution.

contributors

Gail S. Stephenson, an assistant editor of Around the Bar, is the director of legal analysis and writing and an associate

professor of law for the Southern University Law Center.

All Rights Reserved • Copyright ©2011

Published by the Baton Rouge Bar AssociationP. O. Box 2241, Baton Rouge, LA 70821

Phone (225) 344-4803 • Fax (225) 344-4805Web site: www.brba.org

In three years, the Baton Rouge Bar Association will be a diverse mix of young energy and old traditions in service to members,

the community and the legal profession.

OFFICERSPreston J. Castille Jr., President ...................................387-3221Gail S. Stephenson, President-elect .........................................771-4900, ext. 216Michael S. Walsh, Treasurer ..........................................344-0474Darrel Papillion, Secretary ............................................236-3636Fred T. Crifasi, Past President .......................................766-0014

DIRECTORS AT LARGERobert “Bubby” Burns Jr. Linda Law ClarkJeanne Comeaux Amy C. LambertKyle Ferachi Karli Glascock Wilson

Laurie Marien, Ex Offi cioNina Hunter, Ex Offi cio

Amanda Stout, Ex Offi cio

ABA DELEGATE Emily Black Grey

APPELLATE SECTIONEugene Groves ..........................................................................Chair

CONSTRUCTION LAW SECTIONJason Bonaventure..................................................................ChairSteven Loeb ...................................................................... Past chair

FAMILY LAW SECTIONLaurie Marien ............................................................................ChairWendy L. Edwards ........................................................Chair-electThomas Hessburg ............................................................SecretaryMelanie N. Jones .............................................................Past Chair

PUBLIC LAW PRACTICE SECTIONNina Hunter ...............................................................................ChairHenry Graham ...............................................................Chair-electLenore Heavey ..................................................................SecretaryKelly Haggar ........................................................................At LargeKacy Collins ...................................................Judicial Branch Rep.Leticia Mabry ............................................Executive Branch Rep.Kimberly Robinson .................................. Private Attorney Rep.Deidra Roberts .........................................City Government Rep.Sannettria Pleasant ............................... Attorney General Rep.Sheri Morris ....................................................................... Past chair

WORKERS’ COMPENSATION SECTIONRobin L. Krumholt .............................................................Co-ChairDebra T. Parker ...................................................................Co-ChairMichelle M. Sorrells ..........................................................Co-ChairJudge Pamela Moses Laramore

YOUNG LAWYERS SECTION OFFICERSAmanda Stout, Chairman .............................................382-3693Jamie Hurst Watts, Chairman-elect ...........................922-5110Lyla N. DeBlieux, Secretary. ..........................................382-3166Catherine S. Giering, Past Chair ..................................343-5290

YOUNG LAWYERS SECTION COUNCIL

BATON ROUGE BAR ASSOCIATION STAFF

Ann Gregorie Scarle, Executive Director 214-5563Donna Buuck, Youth Education Coordinator 214-5556R. Lynn S. Haynes, Asst. Teen Court Coordinator 214-5564Margaret Johnson, Administrative Assistant 344-4803Robin Kay, Pro Bono Coordinator 214-5561Susan Kelley, Offi ce Manager 214-5559Pamela Labbe, Communications Coordinator 214-5560Carole McGehee, Lawyer Referral Coordinator 214-5557Trang Nguyen, Pro Bono Coordinator 214-5558Julie Ourso, Bookkeeper 214-5572

PUBLICATIONS COMMITTEEEditor: Edward J. Walters Jr.— 236-3636

Assistant Editors: Vincent P. Fornias — 769-4553 Gail S. Stephenson — 771-4900, ext. 216

Graphic Design / Ad Sales: Pamela Labbe — 214-5560

Adam ThamesLaranda Moff ett Walker

Darrel PapillionGracella SimmonsArt VingielloJeff WittenbrinkMonika Wright

Robert CollinsAmy E. CounceLani DurioKatie EckertRachel EmanuelGreg Gouner

Adam Thames, an associate with Taylor, Porter, Brooks & Phillips, is a contributing writer.

TEEN COURT OF GREATER BATON ROUGEneeds attorneys to volunteer to

assist with the program.

To fi nd out more, contact Donna Buuck at 225-214-5556 or [email protected] or R. Lynn Smith Haynes at 225-214-5564 or [email protected].

Preston J. Castille Jr., a partner with Taylor, Porter, Brooks & Phillips,is the 2011 president of the Baton Rouge Bar Association.

Sebastian Caballero AshtonMichael J. BusadaScotty Chabert

Marshall GrodnerLexi HolingaKate Bailey LabueDale LeeJohn McLindonJessica Orgeron

Jamie Hurst Watts, a partner with Long Law Firm, is the 2011 chair-elect of the Young Lawyers Section Council of the BRBA.

Michael Richmond, CISSP, chief operating offi cer of P&N Technologies since November 2005, is a contributing writer.

Page 5: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

March 2011 Around the Bar 5

letter from the presidentBY PRESTON J. CASTILLE JR. Making sausage

Preston J. Castille Jr.

PHOTO BY DARIA DOYLE

Many have quipped that the legislative process is like “making sausage,” that is, although we enjoy the product, it is an unsavory process to watch.

When our bar foundation launched the Junior Partners Academy program at Dalton Elementary in January, we played a game with the third graders called SELURON. SELURON is NO RULES

spelled backwards. Melanie Fields and Gail Grover started the game by having the students stand in the middle of the room and simply telling them, “PLAY!” Of course, they all looked around and began yelling, “How? You didn’t give us the instructions. You didn’t tell us the rules of the game.” Gail and Melanie responded,“You want rules?”

And so the fun began. They were told to break up into four rows of varying lengths and pass a pencil from one end to the other. Sounds simple. But, once the game started again, Judges Bill Morvant, Trudy White and Darrel White interrupted and said they were supposed to be hopping on one leg, and then the kids were told they were supposed to be twirling all the way around. Passing, hopping and twirling, the children tried to play the game. Then suddenly a winner was declared. “Hey, that’s not fair!” the kids complained.

Our little “junior partners” explained to us the game was unfair because they needed rules and the rules needed to be clear and not change so frequently. Sounds like good advice for any legislative body or any government.

This month we celebrate the Rule of Law at our annual Law Day program, where the guest speaker will be U.S. Congressman William Cassidy. Again this year as hundreds of children observe, our federal

court will naturalize several new Americans at the program. Watching would-be citizens eagerly embrace our democracy and American way of life is one of my favorite parts of the celebration. It’s a reminder that others around the world crave the freedom and system of justice that has made America the envy of so many.

As we celebrate Law Day, our Louisiana legislature will be preparing for the upcoming session. As Louisiana’s manufacturer of laws, the legislature has the privilege and responsibility of maintaining our democracy by ensuring we have laws that protect and preserve this American way of life. Our legislators are entrusted with making certain that we are governed by laws that are just. From their laws, each community of our state will experience freedom and justice. Of course, justice is oftentimes a by-product of what is manufactured in what some call the “sausage making factory.”

The local bar is fortunate to have two senators and four state representatives as members. We are thrilled they have all agreed to join us this month for our March Community Justice Symposium: “Legislating Justice,” hosted by the Public Law Practice Section. While our state struggles with education, crime and the economy, we look forward to hearing from our legislative colleagues and their solutions for enhancing our system of justice through new and amended laws.

While perhaps a little unsavory to watch, we know that our Louisiana legislature is capable of much more than just making delicious sausage, or andouille and boudin, as we prefer in my hometown. Although we expect a great product from our delegation, most south Louisianians will tell you that with the right group of friends, making sausage can actually be as much fun as the outcome. Please join us this month with our good friends at the legislature and enjoy the fl avor of what’s cooking at the Capitol this session.

Page 6: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

March 20116 Around the Bar

march bar luncheonTHURSDAY, MARCH 3, 2011

2011 COMMUNITY JUSTICE SYMPOSIUM:

Legislating Justice

Please fax this page to the Baton Rouge Bar Association, (225) 344-4805, by noon Monday, Feb. 28, 2011.

Bar Roll No.__________________________

Name____________________________________________________ Firm___________________________________________

Address_________________________________________________________________________________________________

City ________________________________________________________ State ____________ Zip _______________________

Phone ___________________________________________________ Fax ___________________________________________

E-mail ___________________________________________________

YES, register me for the MARCH BAR LUNCHEON at DE LA RONDE HALL taking place Thursday, March 3, 2011, at a cost of $20 per BRBA member, and $30 per nonmember. Reservations may be transferred, but not canceled, after 12 p.m. Monday, Feb. 28, 2011. “No shows” will be billed.

If paying by credit card, please include the following:

Name on credit card_________________________________Type of card: (circle one): MC VISA AmericanExpressCard Number:______________________________________Exp. Date: ___________________ Security code: _________

Please check applicable boxes: ❏ BRBA member ❏ non-member ❏ guest

The BRBA will hold its March Bar Luncheon and Community Justice Symposium at 11:45 a.m. Thursday, March 3, 2011, at De La Ronde Hall. Kimberly Lewis Robinson will moderate a panel discussion of Legislating Justice, which will feature Sen. Dan Claitor, Sen. Rob Marionneaux, Rep. Franklin Foil, Rep. Hunter V. Greene, Rep. Michael L. Jackson and Rep. Eddie J. Lambert. Robinson, a partner with Jones Walker, is a member of the BRBA Public Law Practice Section, which is sponsoring this luncheon.

Following the luncheon is a 1.0 hour CLE seminar starting at 1:30 p.m., which is titled, “When do you need

SCHEDULE OF COMMUNITY JUSTICE SYMPOSIUM & BAR LUNCHEONS: THURSDAY, APRIL 7, 2011 — April Bar Luncheon Topic: Crime and the Criminal Justice System — 11:45 a.m. at De La Ronde Hall.

Featuring EBR Public Defender Michael Mitchell, EBR District Attorney Hillar Moore, EBR Parish Attorney Mary Roper and EBR Parish Sheriff Sid Gautreaux.CLE seminar to follow, 1:30 - 2:30 p.m. CLE Speaker: Jean Faria.

THURSDAY, MAY 12, 2011 — May Bar Luncheon: Where Will the Children Go? Our Juvenile Justice System; 11:45 a.m. Speakers: Elizabeth Betz, Judge Laura Davis, Ruth Johnson, Judge Pamela Taylor Johnson,

Sherry Patrick, Judge Kathleen Richey and Judge Lisa Woodruff -White. Moderator: Laurie Marien. Sponsored by the BRBA Family Law Section, which will hold a brief business meeting

for Family Law Section members following the May luncheon.

Sen. Dan Claitor

❏ YES, register me for the 1 HOUR CREDIT CLE SEMINAR at DE LA RONDE HALL, beginning at 1:30 p.m. Thursday, March 3, 2011, $50 per BRBA member, and $75 per nonmember. Reservations may be transferred, but not canceled, after noon Monday, Feb. 28, 2011. “No shows” will be billed. The seminar, on the topic of lobbying,

is titled, “When do you need to become a registered lobbyist?

Pitfalls to avoid when representing clients before the Executive

and Legislative branches.” Speakers: James Burland and C. Kevin Hayes.

Sen. Rob Marionneaux

Rep. Franklin Foil

Rep. Hunter V. Greene

Rep. Michael L. Jackson

Rep. Eddie J. Lambert

to become a registered lobbyist? Pitfalls to avoid when representing clients before the Executive and Legislative branches.” The speakers will be James Burland and C. Kevin Hayes. Seminar cost is $50 per BRBA member and $75 per non-member.

Admittance to the bar luncheon is $20 per BRBA member and $30 per non-BRBA member. We accept payment in advance and at the door.

VISA, MasterCard and American Express are accepted. Fax this form to 225-344-4805 before noon Monday, Feb. 28, 2011, to register. Checks are payable to the BRBA, P.O. Box 2241, Baton Rouge, LA 70821.

Page 7: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

March 2011 Around the Bar 7

tales fromthe bar sideBY VINCENT P. FORNIAS The empty chair

The scene of this month’s passion play was the 7th fl oor courtroom in the now “old” 19th Judicial District Court courthouse. Therein, Dan Balhoff and John Perry (Baton Rouge’s version of The Lone Ranger and Tonto – you pick who wears the feather) were tag-teaming representing a plaintiff with an injured back before a civil jury.

The case went on without a hitch, and before long it was time for the delivery of closing arguments. Up stood Perry, and in the midst of an impassioned plea for mom, apple pie and big bucks, turned to the jury and declared, “Of course, we all know who has to bear the tragic consequences of the defendant’s actions.”

Dramatically, he did an about face, extended his right arm out like Moses about to part the Red Sea, and pointed at the counsel’s table. One problem.

There was an empty seat there. No plaintiff. There was only Balhoff, looking like the proverbial deer in headlights.

John did what any good trial lawyer would do in such a situation – he treaded air. Then without missing nary a beat, he informed the jury that it was obvious that his client, overcome with back pain, was apparently heroically trying to walk it off.

After it was all but over and everyone was awaiting the verdict, Perry could no longer resist the urge to pop the question. Noting that in three decades in the courtroom he had never seen a plaintiff absent himself from his lawyer’s own closing argument, he asked his client for an explanation. And so he got it – “Mr. John, when you gotta go,

you gotta go!”

FLS MEETING — Family Court Judge Candidate Panel DiscussionConfi rmed Candidates: Hunter Greene and Charlene Day

(As of press time, we only had confi rmation for these two candidates. However, all candidates will be invited to participate.)

Thursday, March 17, 2011 • 12 - 1 p.m.Carrabba’s Italian Grill, 7275 Corporate Blvd.

Cost: $27 for Family Law Section members; $32 for non-FLS members

Please select your choice of menu item:___ INSALATA FIORUCCI – Artichoke hearts, roasted red peppers and grilled eggplant in vinaigrette,

topped with a hazelnut goat cheese medallion.

___ GRILLED CHICKEN SALAD – Grilled chicken, garden fresh vegetables, mozzarella and romano in our homemade vinaigrette (can also substitute grilled shrimp).

___ PASTA PIC PAC – Pasta in our Picchi Pacchiu sauce made with crushed tomatoes, garlic, olive oil and basil, topped with your choice of chicken or shrimp.

Reservations may be transferred, but not canceled, after noon Wednesday, March 16. “No shows” will be billed. Please fax this form to 225-344-4805 before noon Wednesday, March 16, to register. Checks are payable to the BRBA, P. O. Box 2241, Baton Rouge, LA 70821.

Payment by check or credit card is requested in advance or at the door. This meeting is NOT approved for CLE credit.

Bar Roll No._________________Name____________________________________________________ Firm_____________________________________________Address___________________________________________________________________________________________________City ________________________________________________________________ State ____________ Zip _________________Phone ___________________________________________________ Fax __________________ E-mail _____________________

Please check applicable boxes: ❏ BRBA member ❏ Family Law Section member

If paying by credit card, please include the following:Name on credit card_________________________________ Type of card: (circle one): MC VISA AmericanExpressCard Number:______________________________________ Exp. Date: _________________ Security code:___________________

Page 8: Inside - brba.org › Images › AroundTheBar › march2011ATB.pdf · Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair); (L to R, back row) Donna Buuck (staff liaison), Glen

March 20118 Around the Bar

yls cornerBY JAMIE HURST WATTS, 2011 YLS COUNCIL CHAIR-ELECT

Top 10 reasons why young lawyers should attend the 2011 Bench Bar Conference

10. 10.5 hours of CLE credit available, concluding at midday for family free-time

9. Return to the Marriott Grand Hotel in Point Clear, Alabama

8. Saturday golf tournament

7. Hearing 2011 President Preston J. Castille Jr. sing with past BRBA presidents

6. Opportunities to interact with Baton Rouge judges and attorneys

5. Discounted registration rate for Young Lawyers Section members

4. First-timer registration price of $300

3. Bench Bar Boogie Band’s “farewell performance” after 20 years of performing at BRBA Bench Bar Conferences on Friday night

2. Benjy Davis Project performance at dinner Thursday night – a YLS-sponsored event

1. Calling Lost Souls — Celebration of new and old BRBA traditions!

As a young lawyer who attended her fi rst Bench Bar Conference in 2009, I can attest that it is well worth the investment of time and money. The Bench Bar Conference provides a relaxed atmosphere for obtaining quality CLE hours and interacting with lawyers and judges you already know and others you would like to know, all in a beautiful location with the opportunity to include family and friends. I was excited to take advantage of the reduced registration fee as a fi rst-time attendee and to have some beach/pool time with my family after CLE. The social events were a fun way to catch up with friends from law school and different fi rms and to enjoy great live music and dancing. I encourage YLS members to attend and make the Bench Bar Conference your annual tradition.

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March 2011 Around the Bar 9

Appellate reversal of workers’ comp cases: Two out of three won’t do BY GAIL S. STEPHENSON

It takes three appellate judges to reverse a civil case in Louisiana, right? Most attorneys think that if two judges on a three-judge appellate panel want to reverse, the case must be re-argued before a fi ve-judge panel. Until the mid-1990s, most judges thought that too. Cases from city courts and administrative agencies were routinely referred to fi ve-judge panels when two judges voted to reverse.1 But at some point a judge read Article V, Section 8(B) of the Louisiana Constitution and discovered this language: “A majority of the judges sitting in a case shall concur to render judgment. However, in civil matters only, when a judgment of a district court is to be modifi ed or reversed and one judge dissents, the case shall be reargued before a panel of at least fi ve judges prior to rendition of judgment, and a majority shall concur to render judgment.”

Read literally, this article permitted reversal by a two-to-one vote of city court and administrative agency judgments, including workers’ compensation cases.

But for 10 years Louisiana courts did not agree whether this article applied to workers’ comp cases. In 1999 the Louisiana Supreme Court summarily remanded a workers’ comp case to the Fourth Circuit for a fi ve-judge hearing in

Travelers Insurance Co. v. Reliable Home Health Care.2 The First Circuit ignored Travelers two years later, when Judge Gonzales found that two judges were suffi cient to reverse a workers’ comp case. The Louisiana Supreme Court denied writs.3 Eight years later in Snowton v. Sewerage & Water Board,4 the Supreme Court reversed Travelers and ruled, as Judge Gonzales did, that Article V, Section 8(B), required a fi ve-judge panel only for cases decided by district courts and not for workers’ comp cases because they were decided by workers’ compensation courts. The Supreme Court recognized that many workers’ comp cases had been decided by fi ve-judge panels. It found that while the article does not mandate fi ve-judge panels, it did not prohibit them either.5

Justice Johnson dissented in Snowton. She discussed the history of workers’ comp trials, explaining that since 1990 the Offi ce of Workers’ Compensation (OWC) has had “adjudicative and fact-fi nding powers akin to those of a district court, and exercises some of the functions previously reserved to the judiciary.”6 She concluded that the fi ve-judge panel requirement should apply because the OWC is “the functional equivalent of the district

court.”7 The Legislature and Louisiana voters

have now settled the issue. On Nov. 11, 2010, voters approved an amendment to Article V, Section 8(B) that some say will make the appellate process more time consuming for workers’ compensation cases, but that others say will give decisions of workers’ compensation judges the respect they deserve. The language “or an administrative agency determination in a workers’ compensation claim” was added to the article, so that now when two judges vote to reverse a decision of a workers’ compensation judge, the case must be re-argued before a fi ve-judge panel. Decisions of other administrative agencies and city courts can still be reversed by a two-to-one vote, however.

1 See, e.g., Housing Auth. v. Green, 94-1650 (La. App. 4 Cir. 6/7/95), 657 So.2d 552; Hall v. La. Ins. Guar. Ass’n, 589 So.2d 93 (La. App. 2 Cir. 1991); Andrus v. Cajun Insulation Co., 524 So.2d 1239 (La. App. 3 Cir. 1988).2 747 So.2d 4 (La. 1999).3 Arledge v. Dolese Concrete Co., 00-0363 (La. App. 1 Cir.6/6/01), 807 So.2d 876, writ denied, 01-2357 (La. 11/16/01), 802 So.2d 617.4 08-0399 (La. 3/17/09), 6 So.3d 164.5 Id. at 169 note 4.6 Id. at 171.7 Id.

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March 201110 Around the Bar

Outsourcing, or employing an outside company to handle functions normally performed in-house, is a familiar concept to many fi rms. Functions such as payroll, bookkeeping and logistics are commonly outsourced to cut costs and increase effi ciency. Specifi cally, outsourcing your fi rm’s IT functions has become increasingly popular over the last decade as many fi rms have started to realize the benefi ts.

Your fi rm’s IT systems are similar to using electricity: when you need to turn on a light, you expect your electricity to be functioning properly, without even thinking about it. Your information systems are similar: you don’t think about it when you need to access your customer database or accounting system, but if it’s down or not working properly, you notice and your fi rm suffers. Like any other integral item in your business, your information systems need IT administration and maintenance to function properly and help you perform your daily tasks.

One option for fi rms with limited resources is to outsource the responsibility of IT management or have a third party host critical applications rather than having them in-house (or a combination of the two). But relying on an external company to manage your fi rm’s critical IT processes and information can seem scary and many fi rms may be hesitant to embrace the idea. Your information systems are crucial to your fi rm’s operations, and it can be hard to trust an outsider to handle your IT needs with the same care. Putting any of your fi rm’s critical functions—especially your IT processes—in the hands of someone else can seem risky, but there are several benefi ts to outsourcing your IT function and ways to mitigate the risks.

Control capital costsCost-cutting is the most common reason why many

fi rms choose to outsource. Outsourcing providers can cut your capital costs by reducing the amount of internal equipment (such as servers, software costs, desktops, etc.) required to keep your information systems running smoothly or needed to roll out new IT solutions.

Increase effi ciencyIT administration is probably not your core competency

and, therefore, not your most effi cient use of time. But it should be the core focus of your IT outsourcing provider, whose cost structure and economy of scale can give your fi rm an important competitive advantage. An outsourcing

partner will generally be able to provide a whole staff of profi cient IT professionals with varied areas of technical expertise for the cost of a single in-house employee.

Reduce labor costsIt can cost your fi rm unnecessary time and money to

fi nd, hire and train an entire in-house IT staff. IT service providers are responsible for staffi ng the right people and keeping them trained on the latest technology. Professional IT companies invest a signifi cant amount of time and money to make sure their technical knowledge is thorough and up-to-date.

Start new projects quicklyStarting new IT projects can take weeks or months to

handle internally, between hiring and training your people and determining hardware or software needs and procuring all the necessary resources. IT service providers have the knowledge, experience, and resources to start new projects immediately. By utilizing a hosted application model, new software projects can be rolled out more quickly with minimal capital expenditures. For example, a particular line of business application could be tested in a hosted model with minimal up front costs and with reduced exposure to the risk of a solution that doesn’t work. If the application is a fi t and solves the business needs, it could be brought in-house or rolled out company-wide after it has been proven successful.

Focus on your core businessIn terms of time and personnel, your fi rm has

limited resources. These resources are most likely better spent focusing on your core competencies that generate revenue. Outsourcing your IT function can help your fi rm concentrate on more important activities, like serving clients, and help the fi rm’s mission remain the focus.

Level the playing fi eldLarger fi rms have a considerable advantage when

it comes to resources, and sometimes it can be diffi cult for smaller fi rms to match the in-house support and IT infrastructure of these larger fi rms. Outsourcing the IT function means small fi rms can have the same level of effi ciency, expertise and dependability that large fi rms benefi t from. Application outsourcing also provides the ability to access your core information from almost any

The benefi ts of outsourcing IT BY MICHAEL RICHMOND, CISSP

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March 2011 Around the Bar 11

computer that is connected to the Internet. This type of ubiquitous access helps smaller fi rms project a much larger presence, by allowing everyone to be more effi cient and responsive to client needs.

Reduce riskToday’s technology can change quickly. Unless

technology is your area of expertise, outsourcing providers are more qualifi ed and equipped to adapt to these rapid changes and can assume and manage the risk that comes with them. Outsourced IT providers have the infrastructure and service level agreements that allow smaller fi rms to realize the uptimes and system resiliency that larger fi rms enjoy.

Outsourcing IT administration may not be for everyone, but if your fi rm decides outsourcing is the way to go, here are a few tips to help:

1. Make sure your outsourcing provider understands exactly what you want — This probably seems obvious, but making sure that your provider knows the scope and timeline for your IT project and functions is critical to project success. Be clear about your expectations and business requirements.

2. Take your decision seriously — The fi rm you hire to provide outsourced services should be evaluated in the same manner as any in-house employee. The provider will be a part of your team and will have a signifi cant impact on your fi rm’s operations and success, so take the time to select the right one for your fi rm.

3. Consider type of experience — When it comes to functions that are critical to your business, make sure you select an outsourcing provider that has specifi c experience with not only the type of work you’d be outsourcing, but also experience with other law fi rms.

4. Consider factors other than cost — Although cost-cutting is a major reason many fi rms choose to outsource their IT function, it should not be the only reason. Outsourcing may solve other issues that exist within the fi rm or mitigate other risk factors not directly related to cost.

When selected wisely, IT outsourcing solutions can provide a number of benefi ts to your fi rm. Whether you want to free up your IT staff to work on more important projects or want to reduce in-house IT resources, outsourcing your IT function has plenty of advantages.

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March 201112 Around the Bar

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March 2011 Around the Bar 13

Interview with Louisiana First Circuit Court of Appeal Judge Duke Welch BY ADAM THAMES

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VITAL STATISTICSFull Name: Jewel Edward Welch Jr.

Nickname: DukeAge: 57

Position: Judge, Louisiana First Circuit Court of Appeal, 2004 - presentPrior Judicial Experience: Judge, 19th Judicial District Court, 1995 - 2004; Chief Judge, 2002 - 2003

Born & Raised: Baton Rouge and Baker, La., respectivelyEducation: Baker High School, 1971; University of Maryland, Business Management,

magna cum laude, Phi Kappi Phi Honor Society, 1977;LSU Paul M. Hebert Law Center, J.D., 1980;

University of Nevada at Reno, Master of Judicial Studies, 2009Married to: Roxson Welch; three children; eight grandchildren

I got the nickname “Duke” because I didn’t like being called by my fi rst name, Jewel, and, after some teasing from my classmates on the fi rst day school, I got into a fi ght. I was sent to the principal’s offi ce, and my dad was called up to the school. I’ve gone by “Duke” ever since.

Growing up, I always wanted to be a football coach in high school and after joining the Air Force, a fi ghter pilot.

The turning points in my life have been when I married my wife Roxson at age 18, to whom I have been happily married for 39 years; when I volunteered in Vietnam and spent 5½ years in the military; I tried to join the Marines, but because of a bad knee from a football injury, I joined the Air Force. After graduating from the University of Maryland, I decided to go to law school and not business school. I decided in law school that I wanted to be in public service, and I have served in an elected position for the last 30 years. Finally, I decided to give up private practice to become a judge.

Growing up, I always looked up to my dad. He worked for the Baton Rouge Coca-Cola Co. He got up early, often worked six days a week and never complained. Most importantly, he worked really, really hard, and he was always good to other people.

My fi rst job: I went to work early at age 14 working construction during the summer and as a zoo keeper at the Greater Baton Rouge Zoo on weekends. The pay was $1.40 an hour. I have worked ever since.

I fi rst became interested in the legal profession while in college at the University of Maryland.

What I have missed most since my time as a practicing attorney is participating in jury trials. I loved being an advocate in a jury trial. I also miss not having more interaction with the other practicing lawyers.

Campaigning for a judicial position is enjoyable. I like to meet people. In fact, I spent a large amount of time during the spring semester of my third year of law school campaigning for a position on the Baker City Council

Judge Jewel E. “Duke” Welch currently serves on the Louisiana First Circuit Court of Appeal, where he was elected without opposition in 2004. Judge Welch was elected without opposition three times to the 19th JDC beginning in 1995 through 2004. Prior to being elected to the bench, Judge Welch was a solo practitioner with a general law practice from 1980 to 1994 in Zachary, La. During that time, he served as an elected offi cial with the Baker City Council and the East Baton Rouge Metro Council (District 1), and he served as chairman of the East Baton Rouge Planning & Zoning Commission. Judge Welch was an assistant attorney general for the State of Louisiana and prosecutor for the City of Zachary.

Judge Welch is presently serving on the Louisiana Supreme Court Committee on Judicial Ethics, the Trial Court Committee to Review Need for Judgeships and the Louisiana State Bar Association Committee on Professionalism and Attorney Mentoring. He is a member of the Board of Directors for the Family Road, Inc. and the ALS Association of Louisiana and Mississippi, Inc. In addition, he is the president of the Dean Henry George McMahon American Inns of Court and was an adjunct Professor of Law at Southern University Law Center for the last 15 years. In 2010, Judge Welch was inducted into the Louisiana Justice Hall of Fame.

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March 201114 Around the Bar

and was elected councilman the day I graduated. So, I got involved with campaigning very early in my legal career. I’d have to say the best part about a judicial campaign is that the candidate cannot ask anyone for money, which is the hardest part of any campaign.

The hardest transition from lawyer to judge was setting aside my role as an advocate and letting the lawyers do their job.

The most challenging aspect of being a judge has changed over time. Initially, I served over criminal cases only; there, it was sentencing defendants. As a civil judge, often the cases boiled down to credibility, and it was sometimes diffi cult to determine what was the truth. As an appellate court judge, the most challenging aspect is having to read between the lines of a cold record to fi gure out what really happened at the lower level to determine whether justice was served. I continually must remind myself that I am not the trial judge and that every case I write can be used as precedent in other cases.

I have the most fun in the courtroom when really good lawyers are presenting an interesting case in a new area of law. I really enjoy an intellectual discussion of the law and seeing great lawyers at work.

The biggest difference between being a district court judge and an appellate court judge is that a judge at the district court level is trying to fi nd justice of the cause in every case before him or her. As an appellate court judge, you must make sure you are doing justice in not only the particular case before you, but you must consider what precedent this holding would be setting for other similarly situated cases that may come up in the future.

My favorite areas of the law are civil personal injury and constitutional law.

The best advice I can give to lawyers appearing before me is to understand your weakest point and be able to discuss it and distinguish it.

I serve as an adjunct professor at the Southern University Law Center because I enjoy helping students; and throughout my 16 years as a judge, I have seen young lawyers make some foolish mistakes. I have been teaching at the SULC for the last 15 years, focusing mainly on intensive motion practice. I am also involved with the clinical programs. There is always room for good lawyers, but I think it’s more important now than

The BRBA Easter

Eggstravaganza

Committee

is now collecting

the following:

8000 Plastic candy-filled

Easter eggs (Pre-filled with

Easter candy and

individually sealed)

Completed Easter baskets

(already filled with candy

and toys, and wrapped in

decorative plastic and a bow)

If you are interested in filling

baskets, our committee can

drop off empty baskets

at your office.

Deadline to drop these items

off to the Middleton Bar

Center (544 Main Street) is

Friday, April 15, 2011.

The Easter basket distribution

and the Easter egg hunts

will be held the week

of April 18.

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March 2011 Around the Bar 15

ever before to have older lawyers mentor the younger generations, especially because more graduates are having to hang out their own shingles in this tough economy.

The Dean Henry George McMahon American Inns of Court focuses on legal professionalism and ethics. I fi rst became involved in 2009, and my experience with the Inn has been very rewarding. I currently serve as president.

If I could reform our state’s judicial system in one way, I would require all civil proceedings at the district court level and oral arguments before the Courts of Appeal to be recorded and broadcast on a live Internet feed, similar to how the Louisiana Supreme Court broadcasts its oral arguments. This would make judges and lawyers more accountable for their actions, and it would be an invaluable teaching tool for students and young lawyers. I fi rmly believe our court system should be opened up more.

The best advice I ever received about being a judge was to be prepared, be courteous to the litigants, control the courtroom, and make a timely decision based upon the law and evidence to assure that people receive their rightfully deserved day in court.

What I have learned most from being a judge is that people are human; nobody is perfect. The most important thing I can do is to be fair and impartial and to try to seek justice.

If I could do things all over again, I would have joined the Air Force Reserves and continued my involvement with the military after my 5½ years of service.

If I could have dinner with four great legal minds, I would choose Abraham Lincoln, John Marshall, Thurgood Marshall and E.D. White.

The key to success for a lawyer is to treat every client like he or she is the only one you represent and to treat every case like it’s the last one you will ever handle. With that attitude and work ethic, clients will be beating down your door. Also, you need faith in our judicial system. It’s not perfect; however, throughout my 30 years of experience, I have noticed if everyone does his job, justice generally prevails. Finally, you need to have faith in God. Your faith will get you through the tough spots; and there will be some of them, but hopefully not many.

Paralegal Program Approved by the American Bar Association

Helping lawyers fi nd paralegals for full-time,

part-time, permanent,and short-term employment.

For more information aboutour placement services,call LSU Legal Studies

at 225/578-6760.

www.outreach.lsu.edu

Louisiana State University

Paralegal Studies Program

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March 201116 Around the Bar

bar newsBY PAMELA LABBE

BRBA hosts memorial ceremony at new 19th JDC courthouse building Jan. 19

The BRBA hosted the Opening of Court, Memorial and New Member Ceremony Wednesday, Jan. 19, 2011, at 8:30 a.m. at the new 19th Judicial District Court building. The ceremony honored deceased BRBA members and new members of the bar, and recognized members who have practiced law for 50 and 60 years.

The ceremony began with opening remarks by Judge Anthony Marabella and Preston J. Castille Jr. Judge Luke LaVergne (Ret.) led the Pledge of Allegiance. BRAWA President Janice M. Reeves and Louis A. Martinet Legal Society President Alejandro Perkins handled the remembrance of the deceased bar members, which was followed by the extinguising of the ceremonial candle by Judge Melvin Shortess (Ret.). Membership Chair Carla Courtney-Harris and YLS Chair-elect Jamie Hurst Watts introduced the new members of the bar, followed by Watts’ re-lighting of the candle.

Special thanks to the 2011 Memorial Ceremony Planning Committee for coordinating this event. Judge Anthony Marabella served as the committee chair, and Fred T. Crifasi and Edward J. Walters Jr. were vice-chairmen. BRBA President-elect Gail S. Stephenson and Executive Director Ann G. Scarle also served on the planning committee. Electronic Discovery of Baton Rouge assisted with the PowerPoint presentation.

19th Judicial District Court holds ribbon cutting ceremony

On Monday, Jan. 10, 2011, at 4 p.m. a ribbon cutting ceremony, organized by Judge Janice Clark and 19th JDC Judicial Administrator Jo Bruce, was held for the 19th Judicial District Court. After the ribbon was cut, the guests were invited into the new courthouse to attend a presentation by Judge Clark, Judge Tim Kelley and East Baton Rouge Parish Mayor-President Melvin Holden. Edward J. Walters Jr. presented remarks on behalf of all lawyers. The facility’s architect Skipper Post and Chief Judge Tony Marabella spoke as well. Judge Kelley and Judge Clark served as the co-chairs of the Construction Committee for the 19th JDC Courthouse.

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First Circuit Court Judge Toni Higginbotham and 19th Judicial District Court Judge Kay Bates stand beside their daughters Whitney Higginbotham Greene and Mary Colvin, who are new lawyers to the BRBA.

Judge Melvin Shortess (Ret.) extinguishes the ceremonial fl ame after honoring lawyers who died within the last year at the Opening of Court, Memorial and New Member Ceremony Wednesday, Jan. 19, 2011, at the new 19th Judicial District Courthouse.

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March 2011 Around the Bar 17

Sexton ~ Hebert, Attorneys at Law Four decades of experience in the

resolution of State Ethics, Campaign Finance and Lobbyist Registration issues and general Construction Law

R. GRAY SEXTON10715 N. Oak Hills Parkway

Baton Rouge, LA 70810225-767-2020

www.sextonhebert.com

TODD HEBERT

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Edward J. Walters Jr., Mrs. McGehee and Judge Eugene W. McGehee (Ret.) attended the Jan. 19, 2011, Opening of Court, Memorial and New Member Ceremony. Judge McGehee was recognized for 60 years of practicing law.

Judge Tim Kelley and Judge Janice Clark shared comments to the crowd before cutting the ribbon at the Jan. 10, 2011, Ribbon Cutting Ceremony, held at the 19th Judicial District Court’s new home at 300 North Blvd.

April bar luncheon to off er one-hour Continuing Legal Education seminar

A one-hour CLE seminar presented by Jean Faria will follow the BRBA April bar luncheon and community justice symposium. The seminar is scheduled to take place from 1:30 to 2:30 p.m. at De La Ronde Hall.

Contact the bar offi ce with any questions (225-344-4803) or to register.

BRBA members serve on 2011 Capital Area CASA board

BRBA member Karleen J. Green has recently been elected to serve as 2011 secretary of the CASA board of directors. Holly Q. Sides is newly elected to the CASA board, while those BRBA members who are returning to the CASA board are Valerie Bargas, Todd Caruso, Deborah E. Lamb, Henri M. Saunders and Mary H. Thompson.

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The actual moment of the ribbon being cut was captured above as Judge Tim Kelley holds the ribbon and Judge Janice Clark conducts the ceremonial cutting.

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March 201118 Around the Bar

New BRBA website is under construction

A new website is in the works for the members of the Baton Rouge Bar Association. The Technology Committee has been hard at work planning the site, which will be fully functional and online in the months to come. The updated website (www.brba.org), which will accept credit card transactions, is expected to be user friendly.

Adrian Nadeau with Long Law Firm is the chair of the Technology Committee, and Stephen Babcock of Babcock Partners is the vice chair.

While the design of the website has been guided by the Technology Committee, the Publications Committee is responsible for reviewing and approving the content of the website. Edward Walters Jr. is the chair of the Publications Committee while Pamela Labbe is the staff liaison for both committees.

Follow Bar Association events with your favorite social media

If you now use social media, you can follow the BRBA on Twitter: twitter.com/brBAR or on Facebook use the keywords “Baton Rouge Bar Association.”

On the BRBA website, we do have links to our social media presense. To fi nd our Twitter or Facebook links on the www.brba.org, go to the Important Announcements section of the site on the lower left-hand side of the site. The BRBA has a general purpose fan page, a Pro Bono Project fan page and a group for BRBA members.

We upload photos from receptions and events and post information about pertinent deadlines.

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BRBF Law Day activities will be held March 25

The BRBF Law Day program will take place Friday, March 25, 2011, at the Baton Rouge River Center, the 19th Judicial District Courthouse and the Baton Rouge City Court. U.S. Congressman William Cassidy will be the guest speaker.

The Law Day Committee chair is Alejandro Perkins. Beau Brock is the vice chair.

For more information, please contact Donna Buuck at 225-214-5556 or [email protected].

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BRBA Past President Leo C. Hamilton (2003), Judge Brian A. Jackson and Louis A. Martinet Legal Society President Al Perkins attended the Opening of Court, Memorial and New Member Ceremony held by the BRBA Wednesday, Jan. 19, 2011, at the new 19th Judicial District Courthouse.

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John W. Schwab Jr., Judge Melvin Shortess (Ret.) and Donna Schwab attended the Jan. 13, 2011, reception for 2011 Bar Leaders, which was held at the Middleton Bar Center.

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March 2011 Around the Bar 19

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Public Law Practice Section offi cers sworn in during the January Bar Luncheon included Nina Hunter (chair) and Henry Graham (chair-elect).

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BRBA 2011 Board Members sworn in during the January Bar Luncheon included (L to R, seated) Darrel Papillion, secretary; Amy C. Lambert, director; Gail S. Stephenson, president-elect; Fred T. Crifasi, past president; Jeanne Comeaux, director; Linda Law Clark, director; Preston J. Castille Jr., president; Karli Glascock Wilson, director; and Kyle Ferachi, director.

(Photo top, left) BRBA Young Lawyers Section offi cers include (L to R, standing) Lyla N. DeBlieux, Laranda Moff ett Walker, Adam Thames, Sebastian Caballero Ashton and Jamie Hurst Watts; (seated) Amanda Stout, chair (center) and Cathy Saba Giering (left). Valerie Bargas (seated, far left), the 2010 recipient of the Judge Keogh Award, has been extremely active with pro bono, including her work with the LSBA Wills for Heroes program.

Register today for Bench Bar Conference 2011

The Bench Bar Conference is just around the corner (April 28-30, 2011), so register for the 2011 Bench Bar Conference today: www.brba.org/forms/BBC2011.pdf. Call 225-344-4803 with any questions.

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BRBA Family Law Section offi cers photographed at the January Bar Luncheon were Laurie Marien (chair), Wendy L. Edwards (chair-elect) and Thomas Hessburg (secretary).

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March 201120 Around the Bar

GAIL’S GRAMMARShould different be followed by from or than? Different

from is preferred in American English, although different than may be used to begin clauses when different from would sound awkward. The basic rule is that if different from sounds right, use it; use different than only when different from just won’t work.

EXAMPLES:Common law is different from civil law.

The Ninth Ward looks different than it did before Hurricane Katrina.

Send suggestions for future Gail’s Grammar columns to Gail Stephenson at [email protected],

or call Gail at 225.771.4900 x 216.

BRBA honors 2011 bar leaders with reception

All 2011 bar leaders, including committee chairs and members, were honored at a reception held at the Middleton Bar Center Thursday, Jan. 13, 2011, 5 to 6:30 p.m. The John Gray Jazz Trio provided musical entertainment while guests enjoyed catering by Sammy’s Grill. BRBA President Preston J. Castille Jr. welcomed guests. Taylor, Porter, Brooks & Phillips sponsored this reception.

Earlier, the BRBA had held a new offi cer installation ceremony at the January Bar Luncheon at De La Ronde Hall. Special thanks to Electronic Discovery of Baton Rouge for assistance with the PowerPoint presentation.

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Judge Brian A. Jackson offi ciates over the swearing in of the BRBA 2011 offi cers, including the BRBA’s newest president, Preston J. Castille Jr.

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Recipients of the 2010 President’s Award, including Sonny Chastain, Judge Bill Morvant, Brian Andrews (accepting on behalf of Storywood), Erik Kjeldsen and Edmund Giering IV, were honored Jan. 13, 2011, during the January Bar Luncheon.

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March 2011 Around the Bar 21

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March 201122 Around the Bar

foundation footnotesPRO BONO PROJECT & TEEN COURT JANUARY REPORTS

Teen Court of Greater Baton Rouge is funded by a grant from the Louisiana Offi ce of Juvenile

Justice (formerly the Offi ce of Youth Development), a grant from the Louisiana Bar Foundation’s IOLTA program and from the Baton Rouge Bar Foundation. This project is also supported in part by Grant No. 2009-JF-FX-0059 awarded by the Offi ce of Juvenile Justice and Delinquency Prevention, Offi ce of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the author and do not necessarily represent the offi cial position or policies of the U.S. Department of Justice.

TEEN COURT REPORT—

The Pro Bono Project is fi nancially assisted by the Interest on Lawyers’ Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation; Capital Area Legal Services; Family, District and City Court Filing Fees and the Baton Rouge Bar Foundation.

PRO BONO PROJECT REPORT —

VOLUNTEERS NEEDED FOR

LAW DAY(FRIDAY, MARCH 25)

PLEASE CONTACT

DONNA BUUCK

TO VOLUNTEER

TO HELP WITH

THE BRBF’S 2011 LAW DAY ACTIVITIES.

225-214-5556

[email protected]

We would like to extend a special thanks to all of the volunteers who donated their time to the Pro Bono Project during the month of January.

The Thirst for Justice solo practitioner volunteers were Terry Bonnie, Byron Kantrow, Allen Posey, Judge Melvin Shortess (Ret.) and Emily Ziober. The Thirst for Justice volunteers from fi rms were James Austin and Robert Wooley, Adams & Reese; Todd Gaudin, Kuehne, Foote & Gaudin APLC; Zelma Frederick, McGlinchey Stafford, PLLC; and Mac Womack, Taylor, Porter, Brooks & Phillips, LLP.

The law student intake volunteers were Megan Bice and Sarah McDonagh, LSU Paul M. Hebert Law Center. The BRBF intern was Cleveland Patterson, Southern University Law Center.

The Ask-A-Lawyer volunteers were Emily Ziober and James Austin, Adams & Reese.

Special thanks to Melanie Newkome-Jones and Gary McKenzie, Steffes, Vingiello & McKenzie, who accepted cases in January.

One Teen Court hearing was held in January 2011. Crystal Losey French, Lindsay Watts and Tavares Walker

served as judges and jury monitors.Volunteers are needed to serve as

judges for the Teen Court hearings and to assist with training sessions. If you are interested in volunteering, please contact Donna Buuck at 225-214-5556 or [email protected].

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March 2011 Around the Bar 23

Duty Court Schedule Calendar of Events

*Unless otherwise noted, all meetings will be held at the Baton Rouge Bar offi ce.

For classifi ed or display ad rates, contact Pamela at (225) 214-5560

or e-mail: [email protected]

Classifi eds19THJDC CIVIL COURT

Feb. 28 - March 11 Judge BatesMarch 14-March 25 Judge CaldwellMarch 28-April 8 Judge Fields

19TH JDC CRIMINAL COURT***

Feb. 25-March 4 Judge MooreMarch 4-March 11 Judge JohnsonMarch 11-March 18 Judge WhiteMarch 18-March 25 Judge MarabellaMarch 25-April 1 Judge Anderson

BATON ROUGE CITY COURT*

Feb. 28-March 6 Judge TempleMarch 7-March 13 Judge WallMarch 14-March 20 Judge AlexanderMarch 21-March 27 Judge PonderMarch 28-April 3 Judge Davis

FAMILY COURT**

Feb. 28-March 4 Judge DampfMarch 7-March 11 Judge LassalleMarch 14-March 18 Judge BakerMarch 21-March 25 Judge Woodruff-WhiteMarch 28-April 1 Judge Dampf

JUVENILE COURT

March 1-March 31 Judge Taylor-Johnson

NOTE: Duty Court changes at 5 p.m. each Friday unless otherwise specifi ed.*City Court’s Duty Court schedule changes each Monday at 8 a.m.**Family Court’s Duty Court schedule changes at 4 p.m. each Friday***19th JDC Criminal Court changes each Friday at noon

COURT HOLIDAYS

Monday, March 7 Lundi GrasTuesday, March 8 Mardi Gras

LOUISIANA SOUTHERN REPORTERS for sale, Volumes 1 - 536, and some extra volumes in advance sheets. Must pick up. $500 or best offer. Contact Cindy at 225-337-4726 or 225-664-6939.

LSU PARALEGAL STUDIES PROGRAM is looking for an adjunct instructor to teach Environmental Law to paralegal students for the summer 2011 semester from June 6 to July 28. Candidate must be attorney or experienced paralegal who is an expert in the area of environmental law regulations and litigation. Send resume and cover letter to [email protected] or fax to 225-578-6761.

LSU PARALEGAL STUDIES PROGRAM is looking for a Summation trainer to train paralegal students in a 4-day setting (May 12, 13, 16 & 17) from 8:30 to 4:30 each day. Certifi cation is preferred but not required. Experience can substitute for certifi cation. Interested candidates should send resume and cover letter to [email protected] or fax to 225-578-6761.

ATTORNEYS/JUDGES WHO BELIEVE they have problems with alcohol and/or drugs are welcome to attend meetings with other similarly situated attorneys/judges held on Tuesdays at The City Club, 355 North Blvd. Contact number: 225-753-3407. Thursday meetings are at Bocage Racquet Club, 7600 Jefferson Hwy. Contact number: 225-928-5053. Both meetings are dutch treat and are from noon to 1 p.m. Strict anonymity is observed outside these 12-Step Meetings.

L AW D AY N E E D S V O L U N T E E R SLaw Day is early this year: Friday, March 25, 2011. To volunteer, contact Donna Buuck at 225-214-5556.

E A S T E R B A S K E T A N D S T U F F E D - P L A S T I C E G G D R I V EFriday, April 15, 2011, is the deadline to drop items off at the Middleton Bar Center, 544 Main Street. Contact Carole at 225-214-5557 or [email protected] for more information.

March 2011

11 YLS Council meeting, 12 p.m.22 Law Day moderators meeting, 12 p.m; Membership Committee meeting, 12 p.m.; Thirst for Justice, St. Vincent de Paul, 3-5 p.m.; Operations & Finance Committee meeting, 3:30 p.m.; Executive Committee meeting, 4 p.m.33 March Bar Luncheon, 11:45 a.m., De La Ronde Hall Thirst for Justice, St. Vincent de Paul, 3-5 p.m.5 Ask-A-Lawyer workshop, Zachary Library, 9-11:30 a.m.8 Bar Offi ce Closed—Mardi Gras Holiday9 Law Day Committee meeting, 12 p.m.; Pro Bono Committee meeting, 12 p.m.; Thirst, St. Vincent de Paul, 3-5 p.m.; Law Day moderators meeting, 5 p.m; 2011 Bar Leadership Institute, Chicago10 Volunteer Committee meeting, 12 p.m.; Thirst, St. Vincent de Paul, 3-5 p.m.; 2011 Bar Leadership Institute, Chicago11 2011 Bar Leadership Institute, Chicago14 Publications Committee meeting, 12 p.m.; Teen Court Hearing, EBR Juvenile Court, 5:45 p.m.16 Ask-A-Lawyer workshop, Catholic Charities, 9-11:30 a.m.; Thirst, St. Vincent de Paul, 3-5 p.m.; BRBA Board of Directors meeting, Mansurs on the Blvd., 6 p.m.17 FLS meeting, 12 p.m.; Construction Law Section meeting & CLE – “Legislative Update on Construction Law,” 12 p.m.; Law Day Committee meeting, 12 p.m; Thirst, St. Vincent de Paul, 3-5 p.m.; Thirsty Thursday, a YLS-Sponsored event, at The Blind Tiger, 5-7 p.m.18 LSBA 4th Annual Conclave on Diversity in the Legal Profession, New Orleans19 Ask-A-Lawyer workshop, Eden Park Library, 9-11:30 a.m.21 CLE Committee meeting, 12 p.m.22 Youth Education Committee meeting, 12 p.m.23 Thirst, St. Vincent de Paul, 3-5 p.m.24 Thirst, St. Vincent de Paul, 3-5 p.m.25 Law Day 2011, BR River Center, 19th Judicial District Courthouse and BR City Court, begins at 8 a.m.28 Teen Court Hearing, EBR Juvenile Court, 5:45 p.m.30 Thirst, St. Vincent de Paul, 3-5 p.m.31 Thirst, St. Vincent de Paul, 3-5 p.m.

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B E N C H B A R C O N F E R E N C E 2 0 11Be sure to make your hotel room reservations early at the Marriott Grand Hotel in Point Clear, Ala., for the 2011 BRBA Bench Bar Conference. The Benjy Davis Project will be performing. Come see the Bench Bar Boogie

Band’s Final Conference Performance! Registration forms are online at

www.brba.org/forms/BBC2011.pdf. For more information, contact

Ann G. Scarle at 225-214-5563.

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