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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

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 “make reasonable efforts” 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 “employees, associates and others whose services are utilized by him” from revealing confidential information. DR 7-107(J) also requires lawyers to exercise reasonable care in preventing his “employees and associates” 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 “circumventing a Disciplinary Rule through actions of another.” 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 “employees . . . and others whose services are utilized by him” from revealing confidential communications. DR 7-107(J) requires a lawyer to use reasonable care in preventing his “employees” from making prohibited extrajudicial statements. EC 4-5 advises lawyers to be diligent in preventing the use of “information acquired in the course of the representation of a client to the disadvantage of his client” by their “employees and associates.” 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 “lay associates” conform to the standard which prevents financial inducement of witnesses.

Additionally, DR 1-102(A)(2) forbids lawyers from circumventing these Disciplinary Rules “through actions of another.” 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 “complete unfinished legal business of the deceased lawyer” 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 “deceased, disabled, or disappeared lawyer” to pay that lawyer’s estate or representative an “agreed-upon purchase price.”

5.4:102      Model Code Comparison

LRPC 5.4(a) provides that a “lawyer or law firm shall not share legal fees with a nonlawyer” 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 “professional corporation or association” 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 lawyer’s practice, precluding him from practicing in a jurisdiction when his practice violates that jurisdiction’s 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   Rule 5.6 Restrictions on Right to Practice

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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