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

December 2022

AN INTERVIEW WITH 2022 BOARD CHAIR DANNA E. SCHWAB

Danna E. Schwab, the Disciplinary Board’s current Chair, was appointed to the Board in January of 2017. She has served two terms, with her second term ending this month. Prior to serving as a Board member, Danna was a hearing committee member from 2015 to 2016. The Board appreciates the extraordinary service and valuable guidance she has provided to the Agency. Danna’s recent responses to questions posed by the Board concerning her career, the legal profession, and her Board experience offer valuable advice to lawyers, both seasoned and new.

What are your primary practice areas?

During law school, I clerked at both Porteous, Hainkel & Johnson and Duplass, Witman & Zwain in New Orleans. After graduating from law school, I worked for Duplass, Witman & Zwain for approximately ten years, before moving back to my hometown, Houma, and joining my father, Jerry Schwab, at The Schwab Law Firm. I have practiced at The Schwab Law Firm since 2000. My father was a big influence in my life. Initially, my practice area was insurance defense, which was also his practice area. However, I decided to diversify into different practice areas. I became an Assistant Parish Attorney for Terrebonne Parish for approximately eight years, where I handled litigation for the Parish. I now primarily practice family law, but also practice business litigation and handle general litigation matters.

Think back to the day you graduated from law school. How is your legal career different than you anticipated?

I really didn’t know what to expect, even though my father was a lawyer. I have a strong independent streak and was determined to make it on my own. This caused me to delay moving home and working with my father, much to his dismay. I guess I would say that I didn’t think that I would end up back in Houma, but it was a good move for me, both professionally and personally.

Again, thinking back to your graduation day, what advice would you have given yourself knowing what you know today?

I would have driven home the point that everything is going to be ok and not to stress about it.

What is the best career advice a mentor ever gave to you?

My best career advice actually came from my mother, Susan Schwab. She was a licensed professional counselor. While getting ready for my first oral argument, I was stressed and called her. She told me “fake it ‘til you make it.” I have used that advice in my head over and over. What she meant was that confidence was more than one-half of the battle. I have learned in the practice that being prepared is the key to not being nervous. After practicing law for thirty-two years, I still outline my questions for hearings and trials.

Why is volunteering as a Board member for LADB important to you?

I have enjoyed my work so much with the LADB. I think it is important for lawyers to give back to the profession, and I felt like this was a way that I could accomplish that.

What have you learned from your experiences as a Board member?

The experience has been eye-opening. I have certainly become more familiar with our ethics rules. I have also learned that LADB really wants to help attorneys, not punish them. Prior to working with LADB, I really was a little afraid of the Agency.

Have your experiences as a Board member changed your view about the legal profession?

I don’t think so. For the most part, we have great lawyers. However, everyone makes mistakes and should be given the opportunity to correct those mistakes, if possible.

In which civic and professional organizations are you involved?

When I moved back to Houma, I realized that CASA did not have a chapter in Terrebonne Parish. I, along with a few like-minded friends, wrote a grant to get the Terrebonne Parish Chapter of CASA started. I am very proud of that. I also served on the Board of The Haven, which is a non-profit agency that helps battered women in our community. I was on the Founding Board of the Bayou Community Foundation, where I served for two years. This charitable foundation focuses on building and sustaining the communities of Lafourche Parish, Terrebonne Parish, and Grand Isle. Moreover, I have been on the Board of the Ladies Carnival Club (the Krewe of Hyacinthians) for approximately fifteen years, where I serve as the membership chair.

Danna graduated from Vandebilt Catholic High School in Houma in 1982, LSU in 1985 (B.A. in Psychology) and Loyola Law School in 1990. In her free time, she enjoys golf, tennis, fishing, and reading. She also has an embroidery machine, which she always says, “exercises the other side of my brain!”

October 2022

IN RE MICHAEL ISAIAS RODRIGUEZ, JR. (Metairie), 2022-B-1063 (9/27/2022): The Court disbarred the respondent for failing to fulfill his annual professional obligations, practicing law while ineligible to do so, delaying the resolution of his client’s legal matter by making false statements to opposing counsel and filing a fraudulent motion with the court, and failing to cooperate with the ODC in its investigation. The factual allegations in the formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

IN RE BART JAMES BELLAIRE (Lafayette), 2022-B-1084 (9/27/2022): The Court suspended the respondent for six months, with all but ninety days deferred, for engaging in conduct constituting a conflict of interest and failing to cooperate with the ODC in its investigation.

Recent Cases of Consent Discipline:

IN RE KAREN RUTH CARTER PETERSON (New Orleans), 2022-B-1348 (10/18/2022): The Court disbarred the respondent based on her guilty plea to wire fraud in connection with her use of state political party and campaign funds to support her gambling addiction. The disbarment is retroactive to the date of the respondent’s interim suspension, August 18, 2022.

IN RE SCOTT W. McQUAIG (Metairie), 2022-B-1268 (10/4/2022): The Court disbarred the respondent for settling his clients’ cases without their knowledge or consent, forging his clients’ signatures on settlement documents and checks, converting client and third-party funds, and engaging in the unauthorized practice of law after he was placed on interim suspension. The disbarment is retroactive to the date of the respondent’s interim suspension, March 6, 2019.

IN RE ROSE M. GARCIA (ChulaVista, CA), 2022-B-1103 (9/27/2022): The Court enjoined the respondent for a period of one year and one day from seeking admission to the Louisiana bar or seeking admission to practice in Louisiana on a temporary or limited basis. The sanction was based on allegations that the respondent filed a pleading in a Louisiana court despite the fact that she is not, and has never been, licensed to practice law in the State of Louisiana.

IN RE MICHAEL THOMAS JOSEPH, JR. (New Orleans), 2022-B-1279 (10/4/2022): The Court suspended the respondent for eighteen months, with six months deferred, for mishandling his client trust account, resulting in multiple instances of commingling and conversion of client funds, failing to abide by a disciplinary board order to attend the Louisiana State Bar Association’s Trust Accounting School, failing to reduce contingency fee agreements to writing, and failing to cooperate with the ODC in its investigation.

IN RE DEWANNA LATASHA STEWART (Prairieville), 2022-B-1320 (10/12/2022): The Court suspended the respondent for one year based upon her arrest on a charge of aggravated battery involving her husband. The suspension was made retroactive to the date of her interim suspension, April 6, 2022.

IN RE ROBERT C. JENKINS, JR. (New Orleans), 2022-B-1107 (9/27/2022): The Court suspended the respondent for two years, with all but six months deferred, for charging an unreasonable fee and failing to render a periodic accounting to his client. The suspension was made retroactive to the effective date of the suspension imposed by the Court in In re Jenkins, 21-0293 (La. 4/7/21), 313 So. 3d 260.

IN RE ANTONIO BIROTTE (Opelousas), 2022-B-1183 (10/4/2022): The Court suspended the respondent for six months, fully deferred, for failing to reduce a contingency fee agreement to writing and using his operating account to deposit and disburse client funds.

IN RE BRYCE JEFFERSON DENNY (Mansfield), 2022-B-1315 (10/12/2022): The Court suspended the respondent for six months, fully deferred, for neglecting a legal matter, failing to communicate with a client, and failing to make reasonable efforts to expedite litigation.

IN RE RUDY W. GORRELL, JR. (New Orleans), 2022-B-1325 (10/18/2022): The Court suspended the respondent for six months, fully deferred, for mishandling his trust account.

IN RE STEVEN W. HALE (Lake Charles), 2022-B-1273 (10/4/2022): The Court suspended the respondent for six months, fully deferred, for engaging in a conflict of interest involving two concurrent clients.

IN RE DONOVAN RAYMOND FRANCIS (New Orleans), 2022-B-1285 (10/12/2022): The Court publicly reprimanded the respondent for neglecting a legal matter, failing to communicate with a client, and failing to appropriately withdraw from a representation.

IN RE MICHAEL L. HEBERT (Baton Rouge), 2022-B-1222 (10/4/2022): The Court publicly reprimanded the respondent for failing to timely remit funds to a third-party medical provider in violation of Rule 1.15(d) of the Rules of Professional Conduct.

IN RE CLAUDIA I. RUSH (Baton Rouge), 2022-B-1353 (10/18/2022): The Court publicly reprimanded the respondent for engaging in the practice of law during a period of ineligibility in violation of Rules 1.1(c) and 5.5(a) of the Rules of Professional Conduct.

IN RE JOHN OWEN SHIRLEY, JR. (Baton Rouge), 2022-B-1342 (10/18/2022): The Court publicly reprimanded the respondent for practicing law during a period of ineligibility in violation of Rules 1.1(c), 5.5(a), and 8.4(a) of the Rules of Professional Conduct.

Permanent Resignation in Lieu of Discipline:

IN RE CHRISTOPHER DOWD HATCH (Shreveport), 2022-OB-1148 (9/27/2022).

IN RE MARK R. SIMMONS (Franklinton), 2022-OB-1334 (10/18/2022).

IN RE CYNTHIA ANN LANGSTON STERNBERG (Houston, TX), 2022-OB-0215 (10/4/2022).

◾ Thru news release #45 (2022)

September 2022

Hearing Committee Member Spotlight - Mark Vigen

Dr. Mark Vigen

Psychologist Mark Vigen has testified as a mental health expert in numerous cases over the years. When the opportunity arose for him to be a public hearing committee member, Mark thought it would be a natural next step as he retired from forensic practice.

“The panel members are the eyes and ears of the Supreme Court and working to make the best decision possible is a valuable way to contribute. Volunteering has opened my eyes to how different the challenges from being an expert witness versus being a hearing committee member.”

Mark graduated from the University of Utah in 1976 and has been practicing counseling and psychotherapy with individuals and couples in Shreveport for 40 years. His focus has also been on public safety evaluations and forensic psychology.

“In conducting forensic evaluations, I could ask unlimited questions and seek all kinds of information from many different sources,” Mark said. “But as a volunteer member of the panel, the presenting lawyers ask the questions, and we the members are limited in what and how we ask questions. Knowing what can and cannot be asked, and/or knowing what is in bounds or out of bounds, can be difficult for a layman. You have to let the lawyers present their cases and control the evidence.”

“Also, I was very surprised by the amount and fast-moving pace of information passing before us as the lawyers asked their questions and presented their evidence. I would have already studied the trial notebooks and may have also reviewed some of the materials with the two attorney members of the panel, but still the volume and speed of the information presented in the Q and A sometimes seems overwhelming.”

Mark said the challenge of serving as a volunteer is an honor and a privilege.

August, 2022

ODC Spotlight - ODC Deputy Renee Pennington

Structure of LADB

The Office of Disciplinary Counsel is pleased to welcome Renee H. Pennington as our newest deputy disciplinary counsel joining the office in March of this year. She is an LSU Law Center graduate who was admitted to the Louisiana bar in October of 2014 and to the Texas bar in December of 2020. She is a native of Houston, Texas, grew up in Lafayette, Louisiana and is a proud graduate of St. Thomas Moore Catholic High School. Renee received her undergraduate degree in English from Colorado State University.

Prior to joining the Office of Disciplinary Counsel, Renee’s legal career focused on the representation of individuals who suffered harm in medical malpractice matters and personal injury. She is a strong advocate of professional responsibility and accountability and is delighted to assist the Office of Disciplinary Counsel in its effort to maintain the integrity of the legal profession.

“I have a strong belief that the legal profession must engage in meaningful and effective self-regulation. The ODC provided me with an opportunity to participate in that effort in a very real way.”

Renee is a proud mother of two daughters and two English Mastiffs. She is an animal lover and fitness enthusiast.

July, 2022

Did You Know?

Structure of LADB

What's the Difference Between ODC and LADB?

In 1990, under its constitutional authority to regulate the practice of law, the Louisiana Supreme Court created the Louisiana Attorney Disciplinary Board to administer the lawyer discipline and disability system. The LADB is tasked with the responsibility of investigating all allegations of lawyer misconduct, adjudicating those matters, and making recommendations to the Court when discipline is warranted. The agency consists of a statewide board, hearing committees, disciplinary counsel, and administrative staff appointed by the board and disciplinary counsel.

   The ODC

Under its governing rule - Louisiana Supreme Court Rule XIX - the agency performs all prosecutorial functions through the Office of Disciplinary Counsel.

ODC is responsible for screening all complaints, investigating complaints and petitions for reinstatement and readmission, and making decisions as to their disposition. In this regard, ODC may dismiss a complaint or recommend probation, private admonition, a stay in proceedings, the filing of formal charges (which must first be approved by the chair of a hearing committee), or petition for transfer to and from disability inactive status.

Chief Disciplinary Counsel and his staff of deputy disciplinary counsel are responsible for handling all prosecutorial functions of the agency.

ODC is located in Baton Rouge. All complaints regarding attorneys are received and processed at this location.

Relative Location of LADB Locations

   The Disciplinary Board

All adjudicative and administrative functions are performed by the Board.

The Board is comprised of 14 members appointed by the Court. One member is nominated by the Louisiana State Bar Association each year and must have prior lawyer discipline experience. Of the 14 members, four are members of the general public with diverse backgrounds. The LSBA representative serves a one-year term and may be renominated for two additional one-year terms. The remaining Board members serve three-year terms and may serve no more than two consecutive terms. All members volunteer their time and services.

The Board itself is divided into two committees: a nine-member adjudicative committee and a five-member administrative committee. Three of the public members serve on the adjudicative committee and the remaining public member sits on the administrative committee. Each committee has separate duties and powers, although both committees have joint responsibility for some Board functions.

The adjudicative committee functions as an appellate court in the disciplinary system. Specifically, the committee reviews findings of fact, conclusions of law and recommendations of the hearing committees with respect to formal charges and petitions for reinstatement, and prepares its own findings and recommendations for proposed discipline which are filed with the Louisiana Supreme Court. In addition, the adjudicative committee has the power to administer reprimands, issue admonishments, impose probation, and rule on procedural matters.

The administrative committee is charged with appointing hearing committee members and with the overall management of the system, including financial, facilities, data security, and human resources. The members of the administrative committee do not participate in or vote on matters involving appellate review functions of the adjudicative committee.

Administrative staff is appointed by the Board to administer its day-to-day operations. The staff includes the Board Administrator, Deputy Administrator, docket clerks (for filing and other clerk of court functions), staff attorneys, and support personnel. The Board’s offices are located in Metairie. All activities of the Board, including oral arguments, take place at this location.

   Hearing Committees

Hearing Committees serve a role similar to that of district or trial courts and act as the initial triers of fact in discipline cases.

Currently there are 111 active committee members across the state, although this number changes periodically. Each hearing committee consists of two lawyer members and one public member. One of the lawyer members is appointed as chair of the committee. Hearing committee members serve three-year terms and may not serve more than two consecutive terms. Like Board members, hearing committee members volunteer their time and services. Hearing committee members are appointed by the Board’s administrative committee. Nominees for the position of hearing committee member must complete an application, agree to a background check, and meet several preliminary qualifications in order to be appointed by the Board.

Hearing Committee Member Spotlight – Manard Lagasse

Menard Lagasse

“If you don’t go at 32, when are you going to go?” Manard Lagasse asked himself when he decided to leave his management role at Schilling Distributing Company to attend law school.

Since graduating and passing the bar exam in 2005, Lagasse has been practicing law with two years of firm experience and 15 years outside of a firm. He is currently the President and CEO of Associated Grocers in Baton Rouge.

After talking with his father-in-law who served on the Louisiana Attorney Disciplinary Board as a non-lawyer member, he thought the next step for him was to volunteer as a hearing committee member. As of today, he has served on a hearing committee for six years.

Now, after 17 years of experience in law, Lagasse said he still brings the experience he had from Schilling with him to the board. “I bring a practical approach with a legal understanding of the issues,” Lagasse said.

Lagasse said he sees his time serving on a hearing committee as a way of giving back to the legal community and helping the general public and clients when issues may arise. “It’s very rewarding, and I am grateful for the opportunity to be a part of this process, Lagasse said.”

April, 2022

Did You Know?


A Certificate of Good Standing, Certificate of Discipline, Statement of Discipline and a Certificate for Reinstatement each serve a different purpose and are issued by different organizations.

At times an attorney may need a Certificate of Good Standing and/or Certificate of Discipline or Statement of Discipline in support of an application for employment or to be admitted to a particular court, to obtain malpractice insurance, to apply for licensure or pro hac vice admission in another state, or to be appointed as a notary public.

A Certificate of Good Standing certifies that an attorney is current with annual LSBA dues and the LADB disciplinary assessment, is compliant with annual CLE requirements, has filed the Trust Account Disclosure Statement and is eligible to practice. Requests for a Certificate of Good Standing should be submitted to the Louisiana Supreme Court Clerk’s Office ($20.00 fee), or to the Louisiana State Bar Association (no fee) or by emailing your request to the LSBA at this address: processing@lsba.org. Note that some entities require that the Certificate be issued by the Supreme Court.

At times, in addition to a Certificate of Good Standing, a court or other entity may require that the attorney also submit a Statement of Discipline evidencing that the attorney’s license is not limited by a disciplinary action. Upon request, the Louisiana Supreme Court Clerk’s Office will issue a letter certifying that as of the date of the letter, the attorney’s license is not restricted by the Supreme Court.

Separately, a Certificate of Discipline provides proof of an attorney’s disciplinary history, or lack thereof, and can be requested by contacting the Office of Disciplinary Counsel (“ODC”) by telephone [(225) 293-3900 or (800) 326-8022] or fax [(225) 293-3300].

A Certificate for Reinstatement is required when an attorney, after serving an active suspension of one year or less pursuant to disciplinary proceedings, wants to be reinstated to the practice of law in Louisiana. To be reinstated a lawyer must file with the Supreme Court and serve on disciplinary counsel an affidavit stating that the lawyer has fully complied with the requirements of the suspension order, has filed the attorney registration statement required by Rule XIX, § 8(C), and has paid currently owed bar dues, disciplinary administration and enforcement fees, filing fees and disciplinary costs. A certificate from the LADB must be attached to the affidavit evidencing that the lawyer has paid all disciplinary costs or that an appropriate payment plan has been executed by the lawyer with the LADB. This certificate is obtained from the LADB by submitting a request to Jennifer Stewart, Deputy Board Administrator, via email: JenniferS@ladb.org.

March, 2022

Hearing Committee Member Spotlight – Rene I. Salomon


Board Member Valerie B. Bargas

When confronted with the question of what he would do in his future retirement, Rene Salomon did not have a good answer. That question caused Rene to think about his responsibility to the legal profession and search for ways to fulfill that responsibility. Then a chance meeting with Chuck Plattsmier at an LSU Law School Professionalism Orientation for new law students prompted Rene to apply to be a hearing committee member. Rene is now in his sixth year as a volunteer committee member for the Board. In that time, he has been assigned to over forty matters.

Rene has been a prosecutor for his entire career as an attorney. After admission to the bar, he served as an Assistant Attorney General for the Louisiana Department of Justice from 1981 to 1990. In 1990, he started working for the United States Attorney ‘s Office in the Middle District of Louisiana, where he still works as an Assistant United States Attorney. In his time as a prosecutor, Rene has tried almost one hundred jury trials and has argued before the Supreme Court of the United States.

His extensive experience as a prosecutor, and especially the ethical challenges prosecutors sometimes face, has motivated him to embrace his role as a hearing committee member and the deliberative process. “I have always been fascinated by the Rules of Professional Conduct and their interplay with prosecutors and our ethical, constitutional, statutory, and fundamental responsibility to do justice. … I find the intersection of the ROPC and criminal law fascinating.”

Rene admits that working as a hearing committee member can be challenging at times - “volunteering takes time and elbow-grease.” However, he has enjoyed his time as a committee member and the experience has been “nothing but positive” for him. “Simply put, I find the LADB volunteer work stimulating and challenging. …I learn from each matter to which I am assigned. Subject matter areas like advertising, fees, JLAP, duties owed to clients (i.e., competence and diligence), and re-admission to the Bar were outside my normal ambit; they have been opportunities for discovery and learning.”

February, 2022

An Interview with Board Member Valerie B. Bargas


Board Member Valerie B. Bargas

Valerie B. Bargas was appointed as the LSBA representative to the Disciplinary Board in January of 2021 and serves on the Board's Administrative Committee. A founding member of Kinchen Walker Bienvenu Bargas Reed and Helm, LLC in Baton Rouge, she has been a civil defense litigator for over twenty years. Her recent responses to questions posed by the Board concerning her career, the legal profession, and the importance of volunteerism offer valuable advice to lawyers, both seasoned and new.

Tell us about your background and education.
I grew up in Slidell and graduated from Salmen High School. I attended college at Smith College in Northampton, Massachusetts, graduating with a degree in Environmental Science/Policy in 1998. I was a bit homesick and returned to Louisiana for law school. I graduated from Tulane Law school in 2001. My family and I currently reside in Baton Rouge, although my practice is statewide.

Think back to the day you graduated from law school. How is your legal career different than you anticipated?
I think it is very difficult for a graduating student to understand the actual practice of law and how to manage and run a law practice. I'm not sure I envisioned the path that I took to my current location and firm, but I am grateful for the career mentors, who helped me discover my passion for litigation.

Again, thinking back to your graduation day, what advice would you have given yourself knowing what you know today?
I would likely advise myself to take a few more risks and to not take myself too seriously.

What is the best career advice a mentor ever gave to you?
A very experienced mentor once told me that feeling nervous prior to a Court appearance is not only normal, but a welcome feeling. It demonstrates that you care about the outcome. The real concern arises when you stop feeling nervous. This has stuck with me my entire career.

Why is volunteering as a Board member for LADB important to you?
It is imperative that we invest in the proper management of our profession. All lawyers should want to ensure that we have consistent enforcement of the rules that regulate the practice of law. Volunteering as a Board member allows me to give back to the profession that has given me so much.

What have you learned from your experiences as a Board member?
I started out volunteering as a hearing committee member, where my focus was on individual attorney matters. As a Board member, I have a much broader perspective of how important the LADB is to helping both regulate and assist lawyers in the State of Louisiana. I appreciate far better now how much the LADB does to support the profession.

Have your experiences as a Board member changed your view about the legal profession? If so, how?
I don't think that my experiences as a Board Member have changed my view of the legal profession. Rather, my experiences as a Board Member have led me to stronger opinions as to why having an independent LADB is crucial to ensuring our profession remains both credible and trustworthy.

Valerie is active in the Louisiana Bar Foundation, of which she is Past President. She is also a member of the LSBA's House of Delegates. She and her daughter are members of the River Road Chapter of National Charity League and a number of other charitable organizations in the Baton Rouge area. She is also active at Our Lady of Mercy, her parish church and school. She and her husband, Trey, have three children ages 15, 13, and 10, who participate in a wide variety of activities and sports. In her spare time, Valerie is an active runner, just finishing her second marathon and currently training for a third. She approaches her life with gratitude, stating that "I'm fortunate to live an active life, and I pray every day that I do not take it for granted."

January, 2022

2021 LADB Snapshot


We have assembled a series of info-graphics illustrating the various activities of the LADB and the Court in 2021. 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.

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.

3 This includes reports in formal charge matters, reinstatement/readmission matters, revocation of conditional admission matters, disability matters, and interim suspension 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).

5 Active suspension of one year or less imposed.

6 Active suspension greater than one year imposed.