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LSBA’s First Solo and Small Firm Conference Set for May 8-9 Posted: 2/26/2008 ; Revised: 3/25/2008 Registration is underway for the Louisiana State Bar Association’s first Solo and Small Firm Conference, set for Thursday and Friday, May 8-9, at the Hilton New Orleans Riverside, #2 Poydras St. The conference features a nationally recognized keynote speaker, a full year’s quota of CLE credits and an economical pricing structure. The program is aimed at assisting solo and small firm attorneys (41 percent of LSBA members practice in firms of five or fewer attorneys and another 10.5 percent practice in firms of six to 15 attorneys), but all LSBA members are encouraged to attend. Law office management speaker Jay G. Foonberg will lead off the conference with his keynote presentation, “The Nine Steps to a Successful and Profitable Law Practice While Staying Out of Trouble,” at 9 a.m. on May 8. Foonberg is the author of How to Start and Build a Law Practice (5th edition), How to Get and Keep Good Clients (3rd edition), Finding the Right Lawyer and The ABA Guide to Lawyer Trust Accounts. He has led seminars and taught client relations, malpractice prevention, ethics and client development in all 50 states and around the world. The dual-track program will offer 20 different topics with national and regional speakers over the two-day event. Among the other topics are “Cutting the Cord: Going Mobile Cost Effectively, Ethically and Successfully,” “Trust Account Issues You Can Bank On,” “60 Hot Tech and Practice Management Tips in 60 Minutes for Solos and Small Firms” and “How Not to Commit Malpractice With Your Computer.” The conference has been approved for 12.5 hours of CLE credit, including 3.5 hours of ethics, 2 hours of professionalism and 6 hours of law practice management. Advance registration fee is $150; after April 8, the fee is $185. Current Solo/Small Firm Section members will receive a $25 discount. Seminar materials will be provided in CD format by Digital Legal. To receive a printed copy of the materials at the registration desk, participants must pay an extra $25. The conference will include an area for sponsors and exhibitors to showcase their products and services catering to the needs of solos and small firms. Friday, April 4, is the deadline to secure sponsorship or become an exhibitor. All exhibitors and sponsors will be listed in the conference program and acknowledged in print and online LSBA publications. For more information on sponsorships and vendor agreements, contact Christine A. Richard, crichard@lsba.org, (504)619-0105, (800)421-5722, ext. 105. Click here for full schedule and list of speakers, or to download a mail-in registration form

Disciplinary Board Assessment, LSBA Dues Notice to be Mailed in May Posted: 5/6/2008 The 2008-09 Attorney Registration Statement/Louisiana Attorney Disciplinary Board (LADB) Assessment and Louisiana State Bar Association (LSBA) Membership Dues Notice will be mailed in May. The completed Attorney Registration Statement and two separate checks must be received by the Association on or before July 1, 2008, to avoid penalties. The Louisiana Supreme Court Trust Account Disclosure and Overdraft Notification Authorization Form also is being mailed with the notices. Members should advise the LSBA Membership Department in writing of any changes to mailing addresses to ensure receipt of the notices. Mail or fax to: Membership Department, Louisiana State Bar Association, 601 St. Charles Ave., New Orleans, LA 70130; fax (504)566-0930; or download the Membership Information Update Form at www.lsba.org/2007MemberLogin/MemberForms.asp. The Bar’s permanent database/official roll of attorneys must include the most current contact information for all LSBA members. Supreme Court Rule XIX, Section 8C, requires each lawyer to file with the LSBA any change in the information submitted on the annual Attorney Registration Statement, including address, phone, fax, e-mail address, etc. Attorneys should review their records in the LSBA permanent database and make any necessary changes. Check-off Boxes LSBA membership dues notices will include check-off boxes for voluntary, tax deductible contributions to the LBF Access to Justice Fund, the Louisiana Center for Law and Civic Education and the Louisiana Bar Foundation.   Access to Justice Program The Access to Justice Program, as a joint program of the LSBA, the Louisiana Bar Foundation and Louisiana legal services providers, works to support and strengthen an integrated statewide justice community and helps to increase the delivery of legal services to the poor in Louisiana. Donations to the LBF Access to Justice Fund are used for both the long-term and immediate funding needs of civil legal services programs. To learn more about the program and other legal services issues, contact Access to Justice Director Monte T. Mollere at (504)619-0146, (800)421-5722, ext. 146, or e-mail mmollere@lsba.org, or go to: www.lsba.org/2007atj/.   Louisiana Center for Law and Civic Education As the public education partner of the LSBA, the Louisiana Center for Law and Civic Education’s (LCLCE) mission is to educate Louisiana's youth about the role of responsible citizens while increasing their understanding and respect for the law and the legal system through law-related education programs and the incorporation of lawyers and judges as mentors in the schools. Donations will be used for the administration of LCLCE’s programs. For more information, contact LCLCE Executive Director Victoria Exnicios at (504)619-0134 or (800)421-5722, ext. 134, or e-mail victoria.exnicios@lsba.org, or go to: www.lalce.org.   Louisiana Bar Foundation The Louisiana Bar Foundation (LBF) is a nonprofit, charitable organization devoted to advancing equal justice and law-related education in Louisiana. To meet this goal, the LBF administers IOLTA grants to nonprofit entities throughout Louisiana. Grants are awarded for legal assistance to the poor, law-related education, juvenile justice, loan repayment assistance and building capital development. For more information on the LBF, contact Executive Director Donna Cuneo at (504)561 1046 or donna@raisingthebar.org, or visit the LBF Web site at www.raisingthebar.org.

Board of Governors Votes to Support 13 Bills in 2008 Legislative Session Posted: 5/6/2008 ; Revised: 5/6/2008 The Louisiana State Bar Association’s (LSBA) Board of Governors voted to support 13 bills in the 2008 legislative session, at least three of them consistent with the existing House of Delegates’ position supporting unified family courts. Another 26 bills are being opposed by the Board, some of them deemed to be an imposition on judicial discretion or limiting the availability of access to justice. Four other bills were considered by the Board and will garner Board support or opposition depending on amendments through the legislative cycle. Before taking its positions, the Board first considered the recommendations from the LSBA Legislation Committee and examined existing policy decisions of the House of Delegates. Of particular note, the Board is supporting House Bill 153 and identical Senate Bill 91 which both seek to provide two additional judges for the 22nd Judicial District Court to handle family court issues. The Board is supporting Senate Bill 46 which will require the Judicial Council and the Louisiana State Law Institute to study the feasibility of creating family courts or domestic relations sections in certain judicial districts. Also, the Board is supporting House Bill 612 which seeks to exempt certain businesses and professions (including attorneys) from the occupational license tax. To review all of the Board’s actions, go to: http://www.lsba.org/2007InsideLSBA/legislationcommittee08.asp

New Public Ethics Advisory Opinion Online Posted: 3/25/2008 A new Public Ethics Advisory Opinion dealing with "Conflict of Interest: Simultaneous Representation of Driver and Guest-Passenger" is now available online. This opinion also will be published in the April/May 2008 issue of the Louisiana Bar Journal. Click here to review this opinion, and all archived opinions. For more information on seeking an ethics advisory opinion, contact Richard P. Lemmler, Jr., LSBA Ethics Counsel, at (504)619-0144.

Rule 1.15 of the Louisiana Rules of Professional Conduct and IOLTA Rules Amended Effective April 1, 2008 Posted: 2/26/2008 The Louisiana Supreme Court, by Order signed January 3, 2008, has amended Rule 1.15 of the Louisiana Rules of Professional Conduct and the IOLTA Rules, effective April 1, 2008.  The changes provide that IOLTA accounts must now earn the same or comparable interest or dividend rates available to similarly-situated non-IOLTA customers at the same financial institution.  The Louisiana Bar Foundation, which administers the IOLTA program, has indicated the changes will not require attorneys or law firms to contact their banks or savings and loan associations. Rather, the LBF said, "The Foundation will initiate compliance activity on an institution-by-institution basis and will contact affected attorneys or law firms with specific information and assistance."  Further information is available on the LBF's website at http://www.raisingthebar.org; by contacting the Foundation at iolta@raisingthebar.org; or by calling (504) 561-7317.

LSBA congratulates the winners of the 2008 State High School Mock Trial Competition Posted: 2/26/2008 Congratulations to the winners of the 2008 Judge Richard N. Ware, IV Memorial Statewide High School Mock Trial Competition:  1st Place - Louise S. McGehee School 2nd Place - Lafayette High School 3rd Place - Grace King High School 4th Place - Ouachita Christian School Most Outstanding Attorney - JP Jacquet (Lafayette High School) Most Outstanding Witness - Austin Hix (Lafayette High School)   Best of luck to McGehee as they represent Louisiana at the National Mock Trial Competition in Wilmington, Delaware.

Get Involved in Your Bar! Select Your LSBA Committee Preferences Posted: 3/18/2008 LSBA committee assignment requests are now being accepted for the 2008-09 Bar year. The deadline for requests is April 11, 2008. President-Elect Elizabeth Erny Foote will make all committee appointments. Appointments to committees are not guaranteed, but every effort will be made to accommodate members’ interests. When making selections, members should consider the time commitment associated with committee assignments and their availability to participate. Click here to review all committees and to download a response form

Members Approve Amendment to Articles of Incorporation; Seven Elected to Serve in Positions of Leadership Posted: 2/27/2008 VR Election Services has certified the results of the Louisiana State Bar Association’s runoff elections which ended at midnight on February 25. Included in these elections were three Board of Governors positions, three Young Lawyers Section Council positions, one ABA House of Delegates position and an amendment to the LSBA Articles of Incorporation. View Runoff Election Results

House Adopts Legislative Policy Changes, Pro Se Initiatives and Diversity Statement Posted: 1/17/2008 ; Revised: 4/16/2008 The Louisiana State Bar Association’s (LSBA) House of Delegates adopted changes to its legislative policies, encouraged a coordinated effort to assure access to justice for self-represented litigants and fine-tuned a Diversity Statement — three of 10 resolutions considered at the Jan. 12 meeting, which saw a record 86% delegate attendance. House member attendance was at the core of two other resolutions. The House approved a resolution from 19th Judicial District delegate B. Scott Andrews clarifying the attendance requirement. Currently, the LSBA’s Articles of Incorporation state that House members are required to attend a minimum of 50 percent of the meetings held in the state of Louisiana during the members’ term; House members have four meetings over the two-year term: two meetings in state and two meetings out of state. Andrews said the article had the unintended effect of not crediting members for attending out-of-state meetings. Following resolution approval, each member of the House “is expected to attend a minimum of 50 percent of all meetings no matter where held or 50 percent of the meetings in the state of Louisiana, whichever is less, during his/her term.” Any delegate failing to meet the attendance requirement shall be ineligible to run for re-election in the next cycle. The House defeated another attendance resolution from 1st Judicial District delegate Richard M. John, which requested that all meetings of the House be held within the geographic confines of Louisiana. To review all resolutions, go to: http://www.lsba.org/2007InsideLSBA/HOD.asp. Legislation Committee and Legislative Policies By a vote of 128 in favor and 54 against, the House amended Articles IX and X of the Bylaws, permanently changing its participation in legislative policies. In January 2006, in the wake of Hurricanes Katrina and Rita, the House voted to suspend its special legislative meeting during the 2006 and 2007 legislative sessions and granted to the Board of Governors the authority to make decisions on legislative positions within certain clearly defined parameters. This change has proven to be effective and efficient, while still giving the House a voice in the legislative process. Following passage of this amendment, the House will now develop general policy positions (rather than considering specific bills pending before the Louisiana Legislature) and the Legislation Committee will then develop positions on specific legislative instruments. The Legislation Committee will be increased from 13 to 25 members, with 15 members elected by and from the House of Delegates and the remaining nine members and the chair appointed by the LSBA president. Terms of office will begin on July 1. The amendment also vests with the Board of Governors the authority to consider recommendations from the Legislation Committee, requiring a super majority (75 percent) of the Board members participating to take any action on committee recommendations. To accommodate the schedule as set forth in the Bylaws amendment, the resolution approved on Jan. 12 extends through June 30 the special rules adopted in January 2006, including the suspension of the special legislative meeting of the House. Access to Justice Pro Se Initiatives The House approved a resolution regarding the development, implementation and coordination of assistance programs for self-represented litigants, an issue that has been extensively reviewed by the Louisiana Supreme Court Task Force on Pro Se and the LSBA’s Access to Justice Committee. Specifically, the House supports the establishment of court rules and policies encouraging the participation of judges, court staff, legal services agencies, state and local bar associations and community organizations in the implementation and operation of assistance programs for self-represented litigants. Also, the House urges Louisiana judges and courts to take a leadership role to encourage the expansion of successful pro se assistance programs, to identify and develop programs to address unmet needs and to coordinate the delivery of those programs. Diversity Statement Approving a recommendation from the LSBA’s Committee on Diversity, the House unanimously adopted a Diversity Statement to demonstrate the association’s continued commitment to diversity. The statement says:  “The Louisiana State Bar Association (LSBA) recognizes that achieving diversity in the legal profession is an evolutionary process that requires the Association’s continued effort and commitment. The LSBA is committed to diversity in its membership, Board of Governors, staff, House of Delegates, committees and all leadership positions. Diversity is an inclusive concept that encompasses race, ethnicity, national origin, religion, gender, age, sexual orientation and disability. The LSBA is a richer and more effective Association because of diversity, as it increases our strengths, capabilities and adaptability. In addition, a diverse group of talented legal professionals is important to the success of law firms, law departments, public service organizations and other organizations that include attorneys. Through increased diversity, the LSBA and its members can bring more varied perspectives, experiences, backgrounds, talents and interests to the practice of law and the administration of justice.” Other Resolutions The House also: • Unanimously approved a resolution from the Bar Governance Committee restating, in its entirety, the LSBA’s Articles of Incorporation, and consolidating all amendments to the Articles made since the prior restatement in March 1971. • Unanimously approved a bylaws restatement from the Government and Public Law Section. • Unanimously approved a bylaws restatement from the Solo and Small Firms Section. • Approved the creation of the Animal Law Section and adopted its bylaws. • A resolution from 22nd Judicial District delegate Elizabeth A. Alston urging the House to recommend to the Louisiana Supreme Court an amendment of Rule 4.4(b) of the Rules of Professional Conduct was withdrawn. House Liaison Committee The House elected Robert A. Kutcher of the 24th Judicial District as chair of the House Liaison Committee. Elected as committee members were Mary C. Devereux of the 22nd Judicial District and Timothy E. Pujol of the 23rd Judicial District.

Mark your Calendar for Annual Meeting and Summer School Posted: 11/7/2007 ; Revised: 4/9/2008

Sponsorship, Advertising Opportunities for Summer School and Annual Meeting Posted: 2/26/2008 ; Revised: 3/17/2008 The LSBA’s 24th Summer School and 67th Annual Meeting offer a variety of sponsorship and advertising opportunities, at levels to fit every budget. Target your product or service to 800-plus legal professionals over the course of both events, conducted at the Sandestin Golf and Beach Resort in Sandestin, Fla. The Summer School is June 8-11. The Annual Meeting is June 11-13. The deadline to sponsor an event or to secure advertising space in the Annual Meeting program is Friday, April 25. For sponsorships, contact Christine A. Richard, (504)619-0105, (800)421-5722, ext. 105. To book advertising, contact Krystal L. Bellanger, (504)619-0131, (800)421-5722, ext. 131.

Credit Counseling Required Before New Bankruptcy Filings Posted: 2/26/2008 Credit counseling and financial management education will be required for all consumer bankruptcies filed on and after March 10, 2008, in the United States Bankruptcy Courts for the Middle and Western Districts of Louisiana. See 11 U.S.C. §§ 109(h), 727(a)(11) and 1328(g). Information regarding the pre-bankruptcy counseling requirements, forms and a list of approved credit counseling agencies and financial management courses can be found on the U.S. Trustee's Web site at http://www.usdoj.gov/ust/eo/bapcpa/ccde/index.htm. Failure to receive credit counseling prior to a bankruptcy filing may result in dismissal of the case. Failure to take the financial management course will result in closing of the case without a discharge.

Sponsors Sought for Solo and Small Firm Conference May 8-9, 2008 Posted: 2/26/2008 The LSBA's first Solo and Small Firm Conference is May 8-9, 2008, at the Hilton New Orleans Riverside, #2 Poydras St. Renowned law office management speaker Jay Foonberg is the keynote speaker. Additionally, CLE credit will be offered on practical topics such as "Mobile Lawyering Without a Lot of Cash" and "Turning Chaos into Cases with Case Management Software." The conference offers a variety of sponsorship and advertising opportunities, at levels to fit every budget. Target your product or service to 200-plus legal professionals over the course of both days. The deadline to sponsor the event is Friday, April 4. To book sponsorships, contact Christine A. Richard, (504)619-0105, (800)421-5722, ext. 105. Review Sponsorship Levels

Local/Specialty Bars: Contact Information Updates Needed Posted: 2/26/2008 To keep the online database current, the LSBA is requesting that all local and specialty bar associations update their officers/contact information. It’s easy. Go to: http://www.lsba.org/2007Programs/Programs.asp. From there, click “Local Bar Associations” or “Specialty Bar Associations.” Review the current listing, then use the update form to make any changes, http://www.lsba.org/2007InsideLSBA/Local-SpecialtyBarUpdate.pdf.

Supreme Court Extends Supplemental Emergency Pro Bono Civil Legal Assistance Rule Posted: 8/25/2007 ; Revised: 9/15/2007 The Louisiana Supreme Court has extended for another year the supplemental emergency pro bono civil legal assistance rule originally approved by the court on Jan. 20, 2006, and amended on July 7, 2006. The rule, as amended, permits non-admitted lawyers to provide limited pro bono civil legal services to victims of Hurricanes Katrina and Rita under restricted circumstances. The rule will remain in effect through Jan. 19, 2008. View Court Order

SOLACE Support of Lawyers/Legal Personnel - All Concern Encouraged Posted: 8/25/2007 ; Revised: 9/15/2007 The Louisiana State Bar Association/Louisiana Bar Foundation's Community Action Committee supports the SOLACE program (Support of Lawyers/Legal Personnel - All Concern Encouraged). Through the program, the state's legal community is able to reach out in small, but meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a death or catastrophic illness, sickness or injury. Click here for more information