NOTA BENE
Latin for "note well." Each month N.B. features ethics, professionalism and board developments.

October, 2016

2016 LADB Free CLE Series Concludes


As it has for many years, the LADB again offered a free CLE program, consisting of seven credit hours, in five locations throughout the state. The program was presented in Shreveport, Baton Rouge, Lafayette, Pineville and Kenner. More than 1,500 lawyers were able to earn over half their annual CLE credits in one day at no cost.

The Board would like to thank all the speakers who volunteered their time and expertise to make the program a great success.

Rep. Gary M. Carter, Jr.Kelly, Hart & Pitre
Wanda Anderson DavisLeefe, Gibbs, Sullivan & Dupré
Ashley M. FlickGilsbar
Erin Sayes KenneyTaylor, Porter, Brooks & Phillips
Richard P. Lemmler, Jr.Louisiana State Bar Association
Damon S. ManningSchiff, Scheckman & White
Harry J. “Skip” PhillipsTaylor, Porter, Brooks & Phillips
Charles B. PlattsmierChief Disciplinary Counsel
Nisha SandhuGilsbar
Michael S. WalshTaylor, Porter, Brooks & Phillips
Julie B. WhiteSchiff, Scheckman & White

The Board would also like to thank Michael S. Koch and the Alexandria Bar Association for partnering with the LADB to offer a free hot lunch to those who attended the program in Pineville!

Recent Decisions


IN RE McNEELY (Saudi Arabia), 2016-B-1250 (10/10/16):
The Court adjudged the respondent guilty of additional misconduct for neglecting a legal matter, failing to communicate with a client, failing to fulfill obligations upon termination of representation, and failing to cooperate with ODC's investigation. The formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

IN RE HOLLIS (Shreveport), 2016-B-1360 (10/10/16):
The Court adjudged the respondent guilty of additional misconduct for neglecting a legal matter, allowing the claim to prescribe, misleading his client regarding the status of the matter, and failing to cooperate with ODC's investigation. The formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

IN RE SALINAS (Shreveport), 2016-B-1381 (10/17/16):
The Court disbarred the respondent for neglecting legal matters, failing to refund unearned fees, and failing to cooperate with the ODC in its investigations. The formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

IN RE MENDY (Nutley, NJ), 2016-B-0456 (10/19/16):
The Court disbarred the respondent for neglecting legal matters, failing to refund unearned fees, and failing to cooperate with the ODC in its investigations. The formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

IN RE GILMORE (Monroe), 2016-B-0967 (10/19/16):
The Court disbarred the respondent based upon his conviction for racketeering.  He accepted bribes in exchange for taking favorable actions on behalf of individuals and organizations as an elected official.

 

---Consent Discipline---

IN RE FLORES (Jennings), 2016-B-1652 (10/17/16):
The Court suspended the respondent for six months, fully deferred, for practicing law while certified ineligible.

 

---Reciprocal Discipline---

IN RE KANWAL (Denver, Colorado), 2016-B-1386 (10/17/16):
The Court imposed a reciprocal disbarment based upon an order of the Supreme Court of Colorado.


See all Recent Decisions and Rules

September, 2016

Returning to the Practice of Law After Suspension or Disbarment


Attorneys who are disbarred or serve an active period of suspension must follow one of two procedures in order to return to the practice of law. An active period of suspension is the period of suspension served by an attorney exclusive of any waivers or periods of deferral. These procedures can be found in Louisiana Supreme Court Rule XIX, panel-bodys 23 and 24.

Reinstatement from an Active Suspension of One Year or Less:
Rule XIX, panel-body 23 deals with reinstatement following a suspension of one year or less. The first step under §23 is obtaining a certificate from the Board office in Metairie that all disciplinary costs have been paid. This certificate should be attached to an affidavit that should state that the lawyer has: 1) complied with the requirements of the suspension order, 2) filed the attorney registration statement required by Rule XIX, panel-body 8(C), and 3) paid currently owed bar dues, disciplinary assessments, disciplinary costs, and filing fees. These documents are submitted directly to the Louisiana Supreme Court.

Reinstatement/Readmission Following an Active Suspension of More Than One Year or Disbarment:
An attorney who was disbarred or suspended for over a year must follow §24 rather than §23. The only difference between a suspended lawyer and a disbarred lawyer under §24 is the timing: a suspended lawyer can file for reinstatement six months before the end of the suspension, while a disbarred lawyer must wait until five years after the effective date of the disbarment.

Under §24, two documents must be filed with the Board and served on the Office of Disciplinary Counsel (ODC): a petition and an application. The petition should specify the manner in which the lawyer has met the eleven criteria listed in §24(E). In the application, the attorney will provide detailed information relevant to the reinstatement/readmission process. The lawyer also must publish a notice of the petition and application in the Louisiana Bar Journal and in a newspaper from each judicial district in which the lawyer had an office before the suspension/disbarment.

After filing the petition and application, ODC is required to file a response. ODC may concur, oppose, or take “no position”. If ODC opposes or takes no position, the Board will schedule a formal hearing before a hearing committee. If ODC concurs, the Chairperson of the Board’s Adjudicative Committee will review the concurrence. The record will be sent to the Court for final ruling of the Chairperson approves. If the Chairperson disapproves, a formal hearing will be set.

If a formal hearing is required, the petitioning attorney will have the burden of proving by clear and convincing evidence the eleven criteria in §24(E) or otherwise present good and sufficient reason for reinstatement/readmission. The hearing committee will submit its findings and recommendation to the Board and parties have 20 days in which to object to the committee’s report. If no objections are filed, the record will go directly to the Court for review. If any objections are filed, oral argument before the Board will be set and the Board will file its recommendation with the Court within 90 days. Once the record is filed with the Court, it will review the record, the committee’s report, and the Board’s recommendation (if available) and issue its decision. If the Court denies the request, it may state when the lawyer can reapply. If no time period for reapplication is given, the attorney may reapply one year after the Court’s ruling. The Court can also impose conditions on the reinstatement/readmission. Examples of conditions can be found in §24(J).

For a more detailed discussion of the reinstatement/readmission process, please review Chapter 2 of the Louisiana Attorney Disciplinary Board Formal Hearing Practice Guide and §23 and §24 of Louisiana Supreme Court Rule XIX.



Jordan Huck is a staff attorney at the Louisiana Attorney Disciplinary Board. Jordan provides legal counsel to the Board and its hearing committees in administrative and adjudicative matters. Jordan is also responsible for the training and development of the Board’s hearing committee members.

* Contributing Writer: LADB Law Student Extern Spencer Low

June, 2016

Other Forms of Disciplinary Procedure: Consent and Reciprocal Discipline


The most recognized form of disciplinary procedure in Louisiana starts with the filing of formal charges by the Office of Disciplinary Counsel (“ODC”). ODC will prosecute the charges before a hearing committee of the Board, which will issue a report and recommendation. The Board’s adjudicative committee will conduct an appellate review of the committee’s findings and conclusions, then issue a recommendation to the Louisiana Supreme Court (“the Court”). The Court will review the entire record, along with the recommendations of the committee and Board, then issue a final ruling in the matter. See generally Louisiana Supreme Court Rule XIX, §11.

However, discipline can result from other procedures as well, namely consent discipline and reciprocal discipline. Consent discipline is a voluntary procedure that can be initiated by the respondent lawyer and ODC at any point in the disciplinary process. After stipulating to the facts, rule violations, and a proposed sanction, ODC and the respondent will file a joint motion for consent discipline with the Court. The motion will be filed under seal. The record will not become public until the Court grants the motion and imposes a sanction. The Court may reject the motion, sending the matter back to ODC for further action. For further information on this procedure, see Rule XIX, §20. (A lawyer may also choose to permanently resign from the practice of law in lieu of discipline, which is a voluntary procedure governed by Rule XIX, §20.1.)

If a lawyer holding a Louisiana law license is disciplined by another jurisdiction, that lawyer faces reciprocal discipline by the Court pursuant to Rule XIX, §21. Upon receiving notice that a Louisiana lawyer has been disciplined by another jurisdiction, ODC is required to file the notice with the Court. The Court will impose identical discipline as the other jurisdiction unless certain criteria are present. See Rule XIX, §21(D); see also In re Aulston, 2005-B-1546 (La. 1/13/06); 918 So.2d 461.

Recent Cases of Consent Discipline:

IN RE CHASE MCNEIL MCCALIP (Baton Rouge), 2016-B-0545 (5/20/16): The Court publicly reprimanded the respondent for notarizing a document without having witnessed the signatures of the signatory and witnesses.

IN RE JOHN J. FINCKBEINER, JR. (Chalmette), 2016-B-0654 (5/20/2016): The Court suspended the respondent for one year and one day, fully deferred, based upon his commission of criminal acts (driving while intoxicated).

IN RE MARK LANE JAMES, II (Franklinton), 2016-B-0764 (5/27/2016): The Court suspended the respondent for one year based upon a criminal conviction (driving while intoxicated – 2nd offense).

IN RE JALONDA MARIE MORRIS (New Orleans), 2016-B-0796 (5/27/2016): The Court suspended the respondent for one year and one day, with six months deferred, for neglecting a legal matter and converting client funds to her own use.

IN RE RICHARD Z. JOHNSON, JR. (Mansfield), 2016-B-0661 (5/27/2016): The Court suspended the respondent for three years, retroactive to the date of his interim suspension, based upon a criminal conviction (making and subscribing a false income tax return).

IN RE STEPHEN J. HOLLIDAY (Baton Rouge), 2016-B-0686 (5/27/2016): The Court suspended the respondent for one year based upon his commission of a criminal act.

IN RE CARL N. FINLEY (Metairie), 2016-B-0815 (6/3/2016): The Court suspended the respondent for three years, with one year deferred, based upon his failure to maintain a client trust account, engaging in improper fee sharing with non-lawyers, and facilitating the unauthorized practice of law.

IN RE BARON MAURICE ROBERSON (Baton Rouge), 2016-B-0859 (6/3/2016): The Court suspended the respondent for six months, fully deferred, based upon his neglect of a legal matter and failing to communicate with a client.

IN RE DAVID KENT BUIE (New Orleans), 2016-B-0863 (6/3/2016): The Court publicly reprimanded the respondent for failing to promptly return a client’s file and failing to cooperate with disciplinary counsel’s investigation.

IN RE ERICKA SCHEXNAYDER BRIGNAC (St. James), 2016-B-0952 (6/3/2016): The Court suspended the respondent for one year and one day, fully deferred, for various fee and trust account violations.

IN RE CHRISTOPHER SCOTT MAXWELL (Alexandria), 2016-B-0989 (6/3/2016): The Court suspended the respondent for one year and one day, fully deferred, based upon his commission of a criminal act (driving while intoxicated).

IN RE RICHARD J. BRAZAN, JR. (Baton Rouge), 2016-B-0817 (6/17/16): The Court suspended the respondent for six months, fully deferred, for advising his client to improperly obtain documents from an opposing party for use in preparing discovery.

IN RE TODD COOPER MARTIN (Monroe), 2016-B-1063 (6/17/16): The Court suspended the respondent for one year and one day, with all but six months deferred, for mishandling his client trust account.

Recent Cases of Reciprocal Discipline:

IN RE DOUGLAS M. SCHMIDT (New Orleans), 2016-B-0584 (5/27/2016): The Court imposed a reciprocal public reprimand based upon an order of the Supreme Court of South Carolina.

IN RE KELLY P. WARD (Dixon, Illinois), 2016-B-0742 (6/17/16): The Court imposed a reciprocal two-year suspension based upon an order of the Supreme Court of Illinois.

IN RE JEFFREY N. ALDOUS (Provo, UT), 2016-B-0748 (6/17/16): The Court imposed a reciprocal public reprimand based upon an order of the Utah Supreme Court.



Jordan Huck is a staff attorney at the Louisiana Attorney Disciplinary Board. Jordan provides legal counsel to the Board and its hearing committees in administrative and adjudicative matters. Jordan is also responsible for the training and development of the Board’s hearing committee members.

The Court Revises RPC 7.2(c)(5)


Effective June 2, 2016, the Louisiana Supreme Court revised Rule of Professional Conduct 7.2(c)(5). The revision allows lawyers to use the word “specialist” and other specific derivations of that word in communications about a lawyer’s field of practice. See the complete revision here.

May, 2016

2016-2017 Annual Requirements


Dues, assessments, and trust account registration for Louisiana attorneys must be submitted by July 1st. Attorneys should have received a postcard from the Bar Association with detailed instructions.

File your Trust Account Registration at LADB's website here

Manage your Louisiana State Bar Association (LSBA) account and pay your LSBA Membership Dues and LADB Assessment at LASBA's website here.

Hearing Committee Member Spotlight: Don Weir, Jr.


Don Weir

When Don Weir reached his 60th birthday, he felt a desire to give back the profession and the public, in addition to the pro bono work he was already doing. Don’s solution was to apply to be a hearing committee member for the Disciplinary Board. So strong was Don’s desire to volunteer, he drove from Shreveport to Baton Rouge to apply in person to be a hearing committee member.1

That was almost six years ago. Don is now in his sixth year as a hearing committee member. He is the chairman of one of the Disciplinary Board’s hearing committees in Shreveport.

After spending over twenty-five years in a law firm, even serving a stretch as managing partner, Don opened a solo practice focusing on estate planning and business transactions. Don is also a mediator, having received significant training from various mediation programs across the country.

He is a graduate of Washington and Lee University (B.S. in Business) and received his Juris Doctor from Louisiana State University where he was Order of the Coif. In addition to his volunteer service as a hearing committee member, Don serves on several non-profit boards in the Shreveport area. He resides in Shreveport with his wife, with whom he has two children.

Don has learned plenty about the attorney discipline system through his years as a committee member. However, what has impressed him the most is the professionalism of the lawyers representing each side in attorney discipline matters. In fact, he feels these attorneys “could give lessons to young lawyers on how to handle a case expeditiously and cooperatively.” This observation is well-founded – Don has served on over twenty matters as a hearing committee member.

1 Hearing committee member appointments are made the Disciplinary Board’s administrative committee. Applications can be obtained by calling the Board Administrator’s office in Metairie – 504-834-1488 or 800-489-8411.

April, 2016

2015 LADB Snapshot


We have assembled a series of info-graphics illustrating the various activities of the LADB and the Court in 2015. You can browse this and more data yourself at the statistics page.

1 A complainant may appeal the dismissal of his/her complaint by the Office of Disciplinary Counsel. The appeal is reviewed by a Hearing Committee. Read More

2 The Office of Disciplinary Counsel must request permission to file formal charges. In order for permission to be granted, ODC must demonstrate probable cause. Read More.

3 This includes recommendations for sanctions in formal charges matters and recommendations in reinstatement/readmission matters.

4 If a lawyer does not answer charges within 20 days, the factual allegations in the formal charges can become deemed admitted and proven. Louisiana Supreme Court Rule XIX, §11(E)(3).

Hearing Committee Member Spotlight: Michael Adams


Michael Adams lost an election for Baton Rouge city court judge over 20 years ago. He reminisces about it with an ironic fondness.

"I lost by only 149 votes,” he recalls. “I will never forget that. But on the bright side, it taught me so much about the importance of creating a brand."

That explains Adams' extensive resume, which reflects an intense background in complex business and litigation as well as an enduring commitment to volunteerism.

"At one point, I was on 14 different boards," he says, "It was crazy, but it was how I built my reputation. My goal was to create a top-of-mind awareness in the community."

He did.

Adams is in his second three-year term as a volunteer for the Louisiana Attorney Disciplinary Board. He currently serves as chairman of a hearing committee, presiding over adjudication of disciplinary complaints against lawyers.

He manages to find time to do so in between a robust legal career which involves counseling small and large corporations as a partner at the Baton Rouge law firm of DeCuir, Clark and Adams. He is one of the region's foremost authorities in insurance receivership and liquidation, having been appointed over a dozen times by the court as chief executive officer to oversee failed insurance companies.

His practice in insurance receivership dates back to the savings and loan crisis of the early 90’s, when the FDIC and the Resolution Trust Corporation were forced to take over failing savings and loans across the United States. Adams became a federal contractor authorized to close failing institutions.

He brings this depth of experience and focus to the disciplinary hearings he chairs. He makes it a priority to set aside time in his schedule to review the documents and exhibits in each case so that the process will yield a “fair and good recommendation.”

Of all his experience as a lawyer and counselor, Adams says experience he gained assisting a legal aid organization provided a most valuable window into the dynamics behind the attorney-client relationship. "Everyone needs a lawyer. Just as you need a family dentist or doctor, you need a lawyer to give you options and to be a sounding board."

Adams, who refers to himself as more of a “counselor at law than an attorney at law,” says his work as a LADB volunteer is his way of respecting the profession. "I hope the small portion of what I do is contributing to a better legal environment and serves the public good."

March, 2016

2015 LADB Statistics Now Online


The number of complaints filed with the Office of Disciplinary Counsel in 2015 dropped below 3,000 for the first time since 2006. The Disciplinary Board’s website offers a variety of statistics on complaints, allegations, sanctions, Rule violations, and other data. The public can browse these statistics using the dropdown menu on the left side of the statistics webpage. The Complaint Breakdown panel-body indicates the number of complaints filed with and closed by the Office of Disciplinary Counsel in a given year. The statistics webpage also includes information on who is filing complaints, such as a former client or opposing party. See the Complainant Category Breakdown panel-body. The Alleged Misconduct panel-body is a detailed representation of the individual allegations made within and among all complaints filed. For instance, if a complaint alleges conversion, neglect, and lack of communication, each of those allegations are cataloged separately in the Alleged Misconduct panel-body. The information, captured at screening, not only helps catalog the types of allegations made, but also assists investigating deputies in focusing their efforts on the misconduct alleged.

The Discipline Breakdown panel-body gives the number and type of sanctions imposed by the Board or Court in a given calendar year. The Rule Violation Breakdown panel-body indicates the number of instances a particular Rule of Professional Conduct was violated in a given year based upon the discipline cases adjudicated by the Board and/or Court.

The Attorney Status Breakdown panel-body indicates the number of attorneys transferred to a particular status within a given year. This includes disciplinary status (e.g. suspension or disbarment), ineligibility status (e.g. failure to pay bar dues), and other administrative status.

Hearing Committee Member Spotlight: Clarissa Preston


Louisiana Attorney Disciplinary Board volunteer Clarissa Preston boasts a resume that reflects a deep understanding of the insurance world, from state regulatory issues to property and casualty to workers’ compensation.

"A lot of people look at my resume and think I am an attorney, but I joke with them that I just play one on TV," says Preston, who lives in Baton Rouge.

She works for the National Council on Compensation Insurance as an agent relations executive, responsible for cultivating and maintaining relationships with agents to ensure that they have a voice in policy making. Preston is the first person to act in that role.

Her talent for listening is evident. She was also the first consumer advocate to work for the Louisiana Department of Insurance. "When the legislature abolished the Insurance Rating Commission in 2007, it decided there still needed to be someone to hear the concerns of citizens about insurance rates." Preston said she enjoyed interacting with the public and reporting back to the Department of Insurance about their concerns.

Her talent as a good listener and advocate has served her well as a public member of LADB. Preston is currently in her sixth year as a hearing committee member and says she "absolutely loves it."

In fact, once her second three-year term is over this December, she intends to sit out the requisite one year and volunteer again.

"I find it extremely interesting and I think I bring a unique perspective as a public member," she says. "A lot of times I don't always agree with my counterparts and often, as a non-lawyer, I will bring up a perspective that the attorney members did not consider."

Preston believes in the process. "It is fair and just and everyone has an opportunity to tell their side of the story. The rules are clear and there is a burden of proof that has to be made." She also stresses that the hearing committee is not the end-all-be-all, with the Louisiana Supreme Court as the ultimate decision maker.

When not working as an insurance industry executive, Preston is adjusting to life as a new mother, a journey that began on the road. Preston was on a business trip on the east coast when she went into labor. She was whisked away by ambulance from LaGuardia airport. Six-month-old Cameron arrived a couple of weeks early and so did Preston’s family, who traveled to be with her in the maternity ward at a hospital in Queens, New York. She was discharged from the hospital and allowed to travel home after one week. Preston was back at work five weeks later.

February, 2016

Welcoming New Board Members


The Disciplinary Board is composed of 14 members who are appointed by the Louisiana Supreme Court. A mixture of attorneys and those from the general public, this group represents a variety of backgrounds and experiences. All members volunteer their time and services.

Please take a moment to let us introduce you to the newest members of the LADB board:

Linda Bizzarro is a graduate of New York University and received her law degree from Loyola University School of Law. She is a career prosecutor who worked as an Assistant District Attorney in Orleans Parish, as an Assistant U. S. Attorney in the Eastern District of Louisiana and as a Special Prosecutor in the U.S. Department of Justice in Washington DC. She served on a Hearing Committee of the Louisiana Attorney Disciplinary Board for six years and was appointed as an LADB Board Member in 2016. She currently serves on the adjudicative committee.

Laura Hennen is a founding member of Hennen & Hennen, LLP in Monroe, where she and her father and law partner Dennis Hennen handle plaintiffs’ personal injury cases. Laura is a board member of the Louisiana Association for Justice, and serves as a co-chair of the LAJ Women’s Caucus Community Outreach Committee. She was recently appointed to serve on the Louisiana Attorney Disciplinary Board by the Louisiana Supreme Court and began her term in January 2016. She is also a member of the American Association for Justice. In her free time, Laura loves to travel. She is also a proud supporter of the local food bank, and of education through DonorsChoose.org.

Melissa L. Theriot is a partner in the law firm of NeunerPate. Based in Lafayette, she practices primarily in the areas of admiralty and maritime law, insurance defense, toxic tort and appellate advocacy. Ms. Theriot is licensed to practice law in Texas and Louisiana, having graduated with honors from the University of Texas Law School at Austin. She served as a law clerk to the Honorable John M. Duhé, United States Fifth Circuit Court of Appeals. She has served four terms (12 years) on hearing committees for the Louisiana Attorney Disciplinary Board and is President-elect of the Lafayette Bar Association.

Charles H. Williamson Jr. is the administrator of Williamson Eye Center, owner of Best Vision Optical and Ascension Optical Laboratory and managing partner of Louisiana Eye Network Solutions. After spending most of his college and graduate school years in investment banking, Mr. Williamson embarked on a career in healthcare management with his family business at Williamson Eye Center. A serial entrepreneur, Mr. Williamson’s Investment Company, Hamilton Interests, holds several equity positions in various enterprises focused mainly on healthcare, vision and pharmacy programs. A native of Baton Rouge, he earned his bachelor of science in International Trade and Finance with a Minor in Economics at Louisiana State University, and a dual Master’s Degree from the University of Houston in Business and Healthcare Administration. Mr. Williamson's work in entrepreneurship is specifically based in synergizing healthcare benefit offerings with professional service software management platforms. In this space, he has been able to provide thousands of under-insured Americans with access to costly healthcare related services and products.

Hearing Committee Member Spotlight: Tommy Hayes


With so many JD's in his life, it's no wonder that Tommy Hayes became a lawyer. But the 37-year-old Monroe attorney readily admits he did not grow up with dreams of hanging out a shingle.

“I didn't think that I wanted to practice law, I resisted it initially, but then I realized I was good at it," said the civil defense lawyer. If legal acumen is hereditary, then Hayes got great genes from his grandfather, father and mother. His grandfather was a founding member of the law firm Hayes, Harkey, Smith & Cascio, L.L.P., where Hayes is a partner today along with his father, Thomas Hayes III. His mother is federal Magistrate Judge Karen Hayes. In addition, his wife, Meredith Hayes, serves as senior corporate counsel for CenturyLink in Monroe.

Hayes is active in the legal community, participating in the 4th JDC Bar Association Board, Inns of Court, and Louisiana Association of Defense Council. He attended a continuing legal education program presented by the Louisiana Attorney Disciplinary Board four years ago. At the time, his term was expiring as an executive board member of the Young Lawyers panel-body of the 4th JDC Bar Association and he was interesting in finding another professional activity.

"Chuck Plattsmier announced that the Disciplinary Board was looking for volunteers. It seemed like a good way to get involved with the state's disciplinary system and be of assistance in North Louisiana, which has a relatively small attorney population compared with the rest of the state."

Today, 6 years later, Hayes is now in his second three-year term as a volunteer and currently serves as a hearing committee chair.

"We take our role very seriously. We are the fact finders for the board and we collect evidence. I never lose sight of the fact that our legal profession governs itself and that’s a responsibility that we need to defend vigorously.”

As a hearing committee volunteer, Hayes is often struck by instances of discipline that could pose a trap for young lawyers. He cites the example of a young attorney influenced to notarize a document while not in the presence of the signatory. “It is a good reminder for attorneys of all ages to respect the rules governing our practice.”

In his spare time, Hayes enjoys traveling with his family and coaching soccer and tennis with his three children, Thomas Hayes V, Charles Hayes and Weston Hayes.

2015 MCLE Compliance


Email notification has now gone out to all attorneys who are compliant with the MCLE requirements for the year 2015. Transcripts can be accessed online.

Any attorneys who are still noncompliant were mailed notice to that effect by letter dated February 22, 2016. The compliance deadline is April 21, 2016.

Attorney delinquent fees can now be paid online. For security purposes, attorneys must use the same identification and password that they use to log into their attorney trust accounts. Even if you have not previously used this portal, you will still need to create your own user identification there. Only then can you access the MCLE Payment Portal. MCLE will only collect debit and credit card payments online. Since we do not directly process this information ourselves we cannot take individual card data by phone or in the office. Any access issues should be directed to Webmaster@LASCMCLE.org.

If you are facing undue hardship such as disability, sickness or other clearly mitigating circumstances that have prevented you from getting your hours before year’s end, you should submit a request for assistance to the MCLE Committee as soon as possible. You can check the back of your transcript for the appropriate exemption, (also available online), submit backup documentation with it, and mail it to the MCLE Committee, 2800 Veterans Blvd, Ste. 355, Metairie, LA 70002. You can also contact Kitty Hymel, MCLE Committee director, via fax (504) 828-1416 or email kittyh@LASCMCLE.org with your request. Again, you will be required to provide some minor documentation regarding the nature of your request, which is then reviewed by a three person subcommittee. All requests are confidential.

If your problem is financial, the committee will direct you to free or low cost CLE programs, however there is no guarantee of assistance with penalty fees at this late date. All requests are reviewed on a case by case basis.

January, 2016

2016 Annual LADB Training Session


Over 100 volunteer attorneys and members of the public participated in the Louisiana Attorney Disciplinary Board’s 2016 hearing committee training meeting in New Orleans.

Over the course of two days, volunteers received instruction that will prove useful as they embark on a new year of disciplinary board service. LADB counsel Jordan Huck was one of 14 faculty who led sessions on topics ranging from the procedural rules of the lawyer discipline system to the rules of professional conduct to duties and expectations of committee members. “In addition to the lectures, attendees met in small groups to work through hypothetical situations that commonly arise with hearing committees,” Huck said. “It provides a glimpse into the type of issues they may have to deal with in real proceedings.”

LADB Board Chairman Carl Butler said that while the sessions are designed to orient those who are new to the process, it provides a helpful refresher course for experienced volunteers. “I find it very enlightening to hear these lectures again. It’s a good rejuvenation and recharging of everyone's mission.”

LADB Board Chairman Carl Butler (left) with Louisiana Supreme Court Justice Scott J. Crichton (right)

Louisiana Supreme Court Justice Scott J. Crichton addressed the group to emphasize the importance of their work. “The work that you do is so critical to us,” he said, reminding the crowd of the committee’s role as fact finder for the Court, which undertakes an independent review of disciplinary cases. “We know that you put your heart into your work and you are our ears and our eyes in terms of making credibility calls,” he said. “While the Court has original jurisdiction on lawyer discipline and judicial discipline matters, it accords you a tremendous amount of discretion and we apply the manifest error standard to your findings.”

LADB volunteers come from all over the state of Louisiana and reflect a myriad of backgrounds. While many are attorneys, about one-third are members of the public. “Our volunteers include an engineer, a retired judge, retired school teacher, retired police officer, a stock broker, accountant and banker, to name just a few. They all share a common desire to assist the board in upholding its mission of protecting the integrity of the legal profession,” Huck said.

Hearing Committee Member Spotlight: Michael Hislop


When he was 16, Boy Scout Mike Hislop earned the rank of Eagle. Almost four decades later he still tries to abide by the Scout’s law and says attorneys would do well to do so too.

A Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent.

-Scout Law
Boy Scouts of America

In addition to volunteering as chairman of a hearing committee for the Louisiana Attorney Disciplinary Board, Hislop, 54, is active in the Scouts organization as a member of the executive board of the Louisiana Purchase Council for Boy Scouts of America.

"If more attorneys strived to give their best effort, the legal profession would be better off," said Hislop, who now works as a research attorney for the Louisiana Third Circuit Court of Appeal after many years in private practice.

Part of his job entails reviewing the multitude of pleadings that are submitted to the court. Some hint at instances of unprofessional behavior. "As difficult as it is to obtain an attorney's license in the State of Louisiana, I am surprised that people behave in an unprofessional manner."

In his experience as a hearing committee member and chair, the most frequent complaints against attorneys involve disputes over fees. "Probably the most difficult issue that arises between attorneys and clients are the result of inadequate communication," he says. "Attorneys who don't return phone calls breed disgruntled clients. It's important to have a clear line of communication and for attorneys to remember that it's not their case, it is the client's case. You have to be prepared to tell your client bad news when warranted."

Hislop urges attorneys to get involved in their profession by volunteering in the disciplinary system.

"If we, as attorneys, do not police our profession, the Louisiana Supreme Court will find someone who will. Volunteering for the board does not require a lot of time and it is not always about convicting or finding fault with an attorney. Very often, I see complaints against attorneys whose behavior does not rise to the level of being unethical. The system works to identify and weed out legitimate complaints from unfair ones."