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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Louisiana Legal Ethics

I. CLIENT-LAWYER RELATIONSHIP

1.1   Rule 1.1 Competence

1.1:100   Comparative Analysis of Louisiana Rule

Primary Louisiana References: LA Rule 1.1
Background References: ABA Model Rule 1.1, Other Jurisdictions
Commentary:

1.1:101      Model Rule Comparison

LRPC 1.1(a), like MR 1.1, requires all lawyers to provide competent representation. LRPC 1.1(b) adds to this basic requirement, obliging all Louisiana lawyers to comply with the Louisiana Supreme Court’s continuing legal education requirements. The Model Rules address continuing legal education in Comment 6 to MR 1.1, suggesting that lawyers participate in continuing study in order to maintain competence. Although merely a suggestion in the Model Rules, participation in continuing legal education for Louisiana lawyers is mandatory.

1.1:102      Model Code Comparison

Although there is no verbatim counterpart to LRPC 1.1, the Model Code embodies the concept of competence. EC 1-1 provides that society should have ready access to lawyers of integrity and competence. EC 6-1, encourages lawyers to act with confidence in representing clients. DR 6-101 imposes a negative duty on lawyers to avoid certain practices, such as handling matters he or she is not competent to handle without associating another lawyer, handling a matter without adequate preparation and neglecting legal matters in his or her charge.

LRPC 1.1(a) requires lawyers to provide competent representation. Although not express, Paragraph (a) embodies the competence requirement set forth in DR 6-101 by defining competent representation as that which requires “legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” LRPC 1.1(a) is also similar to EC 6-3 which advises lawyers to avoid representing clients in matters in which they are not qualified.

EC 1-2 proposes that the bar has a positive obligation to maintain the “high moral and educational standards of the legal profession” to protect the public from lawyers with deficient education or moral standards. Furthermore, EC 6-2 suggests that lawyers insure their competency by staying abreast of developments in the law and participating in legal education programs. LRPC 1.1(b) makes it mandatory that all lawyers comply with the continuing legal education requirements prescribed by the Louisiana Supreme Court.

1.1:200   Disciplinary Standard of Competence

Primary Louisiana References: LA Rule 1.1
Background References: ABA Model Rule 1.1, Other Jurisdictions
Commentary: ABA/BNA § 31:201, ALI-LGL § 28, Wolfram § 5.1

Upon proof that a lawyer has been judicially declared incompetent or is involuntarily committed on the basis of incompetence or disability, the Supreme Court will enter an order immediately transferring the lawyer to disability inactive status. A copy of the order will then be served on the lawyer or his guardian. Sup Ct Rule XIX, §22(A). For a discussion of disciplinary inactive status, see the discussion of The Complaint in Section 0.2:240.

1.1:300   Malpractice Liability

Primary Louisiana References: LA Rule 1.1
Background References: ABA Model Rule 1.1, Other Jurisdictions
Commentary: ABA/BNA § 301:101, ALI-LGL § 71-76 , Wolfram § 5.6

1.1:310      Relevance of Ethics Codes in Malpractice Actions

This section has not yet been completed.

1.1:320      Duty to Client

This section has not yet been completed.

1.1:330      Standard of Care

This section has not yet been completed.

1.1:335      Requirement of Expert Testimony

This section has not yet been completed.

1.1:340      Causation and Damages

This section has not yet been completed.

1.1:350      Waiver of Prospective Liability [see 1.8:910]

This section has not yet been completed.

1.1:360      Settlement of Client's Malpractice Claim [see 1.8:920]

This section has not yet been completed.

1.1:370      Defenses to Malpractice Claim

This section has not yet been completed.

1.1:380      Liability to Client for Breach of Contract, Breach of Fiduciary Duty, and Other Liabilities

This section has not yet been completed.

1.1:390      Liability When Non-Lawyer Would Be Liable

This section has not yet been completed.

1.1:400   Liability to Certain Non-Clients

Primary Louisiana References: LA Rule 1.1
Background References: ABA Model Rule 1.1, Other Jurisdictions
Commentary: ABA/BNA § 71:1101, ALI-LGL § 73, Wolfram § 5.6

This section has not yet been completed.

1.1:410      Duty of Care to Certain Non-Clients

This section has not yet been completed.

1.1:420      Reliance on Lawyer's Opinion [see also 2.3:300]

This section has not yet been completed.

1.1:430      Assisting Unlawful Conduct [see also 1.2:600-1.2:630]

This section has not yet been completed.

1.1:440      Knowledge of Client's Breach of a Fiduciary Duty [see also 1.13:520]

This section has not yet been completed.

1.1:450      Failing to Prevent Death or Bodily Injury

This section has not yet been completed.

1.1:500   Defenses and Exceptions to Liability

Primary Louisiana References: LA Rule 1.1
Background References: ABA Model Rule 1.1, Other Jurisdictions
Commentary: ABA/BNA § 301:1001, ALI-LGL §§ 76, 78, Wolfram § 5.6

This section has not yet been completed.

1.1:510      Advocate's Defamation Privilege

This section has not yet been completed.

1.1:520      Wrongful Use of Civil Proceedings; Abuse of Process; False Arrest

This section has not yet been completed.

1.1:530      Assisting Client to Break a Contract

This section has not yet been completed.

1.1:600   Vicarious Liability [see 5.1:500]

Primary Louisiana References: LA Rule 1.1
Background References: ABA Model Rule 1.1, Other Jurisdictions
Commentary: ABA/BNA § 91:201, ALI-LGL § 79, Wolfram § 5.6

This section has not yet been completed.

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