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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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
V. LAW FIRMS AND ASSOCIATIONS
5.1 Rule 5.1 Responsibilities of a Partner and Supervisory Lawyer
5.1:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 5.1
¥ Background References: ABA
Model Rule 5.1, Other Jurisdictions
¥ Commentary:
5.1:101 Model Rule Comparison
The text of LRPC 5.1 is identical to that in its counterpart, MR 5.1.
5.1:102 Model Code Comparison
LRPC 5.1(a) and (b) generally provide that partners in law firms and lawyers with supervisory authority have an obligation to Òmake reasonable effortsÓ to ensure that the lawyers working under them conform to the Rules of Professional Conduct. The Model Code has no such general provision. DR 4-101(D) requires a lawyer to use reasonable care in preventing Òemployees, associates and others whose services are utilized by himÓ from revealing confidential information. DR 7-107(J) also requires lawyers to exercise reasonable care in preventing his Òemployees and associatesÓ from making prohibited extrajudicial statements. DR 7-108(B) and (C) forbid a lawyer from using another to establish improper contact with a juror. LRPC 5.1(c) addresses the situations in which a lawyer will be held responsible for the conduct of another lawyer. The Model Code has no exact counterpart, although DR 1-102(A)(2) prevents a lawyer from Òcircumventing a Disciplinary Rule through actions of another.Ó Note that, although the Model Code does not impose responsibility on one lawyer for the conduct of another, DR 1-103(A) requires lawyers to report violations of the Disciplinary Rules.
5.1:200 Duty of Partners to Monitor Compliance with Professional Rules
¥ Primary Louisiana References:
LA Rule 5.1(a)
¥ Background References: ABA
Model Rule 5.1(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤ 12, Wolfram
¤ 16.2
This section has not yet been completed.
5.1:300 Monitoring Duty of Supervising Lawyer
¥ Primary Louisiana References:
LA Rule 5.1(b)
¥ Background References: ABA
Model Rule 5.1(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤ 12, Wolfram
¤ 16.2
This section has not yet been completed.
5.1:400 Failing to Rectify the Misconduct of a Subordinate Lawyer
¥ Primary Louisiana References:
LA Rule 5.1(c)
¥ Background References: ABA
Model Rule 5.1(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤ 5, Wolfram
¤ 16.2
This section has not yet been completed.
5.1:500 Vicarious Liability of Partners
¥ Primary Louisiana References:
LA Rule 5.1
¥ Background References: ABA
Model Rule 5.1, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤¤ 8, 10
This section has not yet been completed.
5.2 Rule 5.2 Responsibilities of a Subordinate Lawyer
5.2:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 5.2
¥ Background References: ABA
Model Rule 5.2, Other Jurisdictions
¥ Commentary:
5.2:101 Model Rule Comparison
The text of LRPC 5.2 is identical to that in its counterpart, MR 5.2.
5.2:102 Model Code Comparison
The Model Code has no explicit counterpart.
5.2:200 Independent Responsibility of a Subordinate Lawyer
¥ Primary Louisiana References:
LA Rule 5.2(a)
¥ Background References: ABA
Model Rule 5.2(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤ 5, Wolfram
¤ 16.2
This section has not yet been completed.
5.2:300 Reliance on a Supervisor's Resolution of Arguable Ethical Issues
¥ Primary Louisiana References:
LA Rule 5.2(b)
¥ Background References: ABA
Model Rule 5.2(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤ 5, Wolfram
¤ 16.2
This section has not yet been completed.
5.3 Rule 5.3 Responsibilities Regarding Nonlawyer Assistants
5.3:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 5.3
¥ Background References: ABA
Model Rule 5.3, Other Jurisdictions
¥ Commentary:
5.3:101 Model Rule Comparison
The text of LRPC 5.3 is identical to that in its counterpart, MR 5.3.
5.3:102 Model Code Comparison
LRPC 5.3(a) and (b) require partners in law firms and lawyers with supervisory authority to make reasonable efforts to ensure that their nonlawyer employees conduct themselves in accordance with the professional obligations of the lawyer. The Model Code has no clear counterpart. DR 4-101(D) requires a lawyer to exercise reasonable care in preventing his Òemployees . . . and others whose services are utilized by himÓ from revealing confidential communications. DR 7-107(J) requires a lawyer to use reasonable care in preventing his ÒemployeesÓ from making prohibited extrajudicial statements. EC 4-5 advises lawyers to be diligent in preventing the use of Òinformation acquired in the course of the representation of a client to the disadvantage of his clientÓ by their Òemployees and associates.Ó EC 3-6 advises that lawyers who delegate work to lay persons are professionally responsible for their work. EC 7-28 provides that a lawyer should also make sure that his Òlay associatesÓ conform to the standard which prevents financial inducement of witnesses.
Additionally, DR 1-102(A)(2) forbids lawyers from circumventing these Disciplinary Rules Òthrough actions of another.Ó Finally, DR 7-108(B) and (E) prevent lawyers from using others to establish improper contact with jurors. LRPC 5.3(c) establishes the situations in which a lawyer may be held responsible for the improper conduct of such non-lawyer assistants. The Model Code has no counterpart to this provision.
5.3:200 Duty to Establish Safeguards
¥ Primary Louisiana References:
LA Rule 5.3(a)
¥ Background References: ABA
Model Rule 5.3(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤¤ 4, 5, Wolfram
¤ 16.3
This section has not yet been completed.
5.3:300 Duty to Control Nonlawyer Assistants
¥ Primary Louisiana References:
LA Rule 5.3(b)
¥ Background References: ABA
Model Rule 5.3(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 21:8601, ALI-LGL ¤¤ 4, 5,
Wolfram ¤ 16.3
This section has not yet been completed.
5.3:400 Responsibility for Misconduct of Nonlawyer Assistants
¥ Primary Louisiana References:
LA Rule 5.3(c)
¥ Background References: ABA
Model Rule 5.3(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:201, ALI-LGL ¤¤ 4, 5, Wolfram
¤ 16.3
This section has not yet been completed.
5.4 Rule 5.4 Professional Independence of a Lawyer [Restrictions on Form of Practice]
5.4:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 5.4
¥ Background References: ABA
Model Rule 5.4, Other Jurisdictions
¥ Commentary:
5.4:101 Model Rule Comparison
LRPC 5.4 adopted the text of MR 5.4. There is, however, one major difference between the two rules. LRPC 5.4(a)(2) allows a lawyer to Òcomplete unfinished legal business of the deceased lawyerÓ and pay the proportion of the fee due the deceased lawyer to his estate. MR 5.4(a)(2) allows the lawyer who has purchased the practice of a Òdeceased, disabled, or disappeared lawyerÓ to pay that lawyerÕs estate or representative an Òagreed-upon purchase price.Ó
5.4:102 Model Code Comparison
LRPC 5.4(a) provides that a Òlawyer or law firm shall not share legal fees with a nonlawyerÓ except in a few very limited circumstances. DR 3-102(A) provides the same substantive rule. LRPC 5.4(b) prevents a lawyer from forming a partnership which includes the practice of law with a nonlawyer. In the Model Code, DR 3-103(A) provides the same substantive rule.
LRPC 5.4(c) precludes a lawyer from allowing his legal judgment to be influenced by someone who recommends or employs his services to or for another. DR 5-107(B) provides the same substantive rule. LRPC 5.4(d) prevents a lawyer from practicing law in a Òprofessional corporation or associationÓ if a nonlawyer is involved in certain capacities. DR 5-107(C) provides the same substantive rule.
5.4:200 Sharing Fees with a Nonlawyer
¥ Primary Louisiana References:
LA Rule 5.4(a)
¥ Background References: ABA
Model Rule 5.4(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 41:801, ALI-LGL ¤ 60, Wolfram
¤¤ 16.4, 16.5
This section has not yet been completed.
5.4:300 Forming a Partnership with Nonlawyers
¥ Primary Louisiana References:
LA Rule 5.4(b)
¥ Background References: ABA
Model Rule 5.4(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:401, ALI-LGL ¤ 60, Wolfram
¤¤ 16.4, 16.5
This section has not yet been completed.
5.4:400 Third Party Interference with a Lawyer's Professional Judgment
¥ Primary Louisiana References:
LA Rule 5.4(c)
¥ Background References: ABA
Model Rule 5.4(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 51:901, ALI-LGL ¤ 60, Wolfram
¤ 8.8
This section has not yet been completed.
5.4:500 Nonlawyer Ownership in or Control of Profit-Making Legal Service Organizations
¥ Primary Louisiana References:
LA Rule 5.4(d)
¥ Background References: ABA
Model Rule 5.4(d), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:401, ALI-LGL ¤ 60, Wolfram
¤ 16.4, 16.5
This section has not yet been completed.
5.4:510 Group Legal Services
This section has not yet been completed.
5.4:520 Nonprofit Organizations Delivering Legal Services
This section has not yet been completed.
5.5 Rule 5.5 Unauthorized Practice of Law
5.5:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 5.5
¥ Background References: ABA
Model Rule 5.5, Other Jurisdictions
¥ Commentary:
5.5:101 Model Rule Comparison
The text of LRPC 5.5 is identical to that in its counterpart, MR 5.5.
5.5:102 Model Code Comparison
LRPC 5.5 places limits upon a lawyerÕs practice, precluding him from practicing in a jurisdiction when his practice violates that jurisdictionÕs rules or from assisting someone in the practice of law who is not a lawyer. DR 3-101(A) and (B) provide the same substantive rule.
5.5:200 Engaging in Unauthorized Practice
¥ Primary Louisiana References:
LA Rule 5.5(a)
¥ Background References: ABA
Model Rule 5.5(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 21:8001, ALI-LGL ¤¤ 3, 4,
Wolfram ¤ 15.1
This section has not yet been completed.
5.5:210 Practice of Law by Nonlawyers
This section has not yet been completed.
5.5:220 Admission and Residency Requirements for Out-of-State Lawyers
This section has not yet been completed.
5.5:230 Pro Hac Vice Admission [see also 8.1:240]
This section has not yet been completed.
5.5:240 Performing Legal Services in Another Jurisdiction
This section has not yet been completed.
5.5:300 Assisting in the Unauthorized Practice of Law
¥ Primary Louisiana References:
LA Rule 5.5(b)
¥ Background References: ABA
Model Rule 5.5(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 21:8201, ALI-LGL ¤ 4, Wolfram
¤ 15.1
This section has not yet been completed.
5.6:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 5.6
¥ Background References: ABA
Model Rule 5.6, Other Jurisdictions
¥ Commentary:
5.6:101 Model Rule Comparison
The text of LRPC 5.6 is identical to that in its counterpart, MR 5.6.
5.6:102 Model Code Comparison
LRPC 5.6 provides that a lawyer cannot enter into agreements which limit his right to practice law. DR 2-108(A) and (B) provide the same substantive rule.
5.6:200 Restrictions on Lawyers Leaving a Firm
¥ Primary Louisiana References:
LA Rule 5.6(a)
¥ Background References: ABA
Model Rule 5.6(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 51:1201 ALI-LGL ¤ 10
This section has not yet been completed.
5.6:300 Settlements Restricting a Lawyer's Future Practice
¥ Primary Louisiana References:
LA Rule 5.6(b)
¥ Background References: ABA
Model Rule 5.6(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 51:1201, ALI-LGL ¤ 10, Wolfram
¤ 16.2.3
This section has not yet been completed.
5.7 Rule 5.7 Responsibilities Regarding Law-Related Services
5.7:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
¥ Background References: ABA
Model Rule 5.7, Other Jurisdictions
¥ Commentary:
5.7:101 Model Rule Comparison
Louisiana has no Rule 5.7.
5.7:102 Model Code Comparison
Louisiana has no Rule 5.7.
5.7:200 Applicability of Ethics Rules to Ancillary Business Activities
¥ Primary Louisiana References:
¥ Background References: ABA
Model Rule 5.7, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:2101, ALI-LGL ¤, Wolfram
¤
This section has not yet been completed.
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