Louisiana Legal Ethics
I. CLIENT-LAWYER RELATIONSHIP
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 CourtÕs 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 Òlegal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.Ó 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 Òhigh moral and educational standards of the legal professionÓ 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.
 |
 |
 |