passions - brba.org · r. lynn s. haynes, asst. teen court coordinator 214-5564 robin kay, pro bono...

Anniversary

30th

Inside:Amendments to the Federal Rules of Civil ProcedureAttorney spotlight: Laurie KadairBelly Up with the Bar winners announced

passions

December 20152 Around the Bar

regular registration: $45/hr. for BRBA members; $60/hr. for non-members after 5 pm, Monday, Nov. 23, 2015.

late registration: $55/hr. for BRBA members; $70/hr. for non-members beginning at 5 pm Dec. 4, 2015. “No Shows” will be billed. To be considered registered, both payment and registration must be received by the BRBA office. It is the policy of the BRBA CLE Committee that no refunds will be given for cancellations received within 48 hours prior to each seminar. Time is allowed for lunch on your own each day. Break foods will be provided. Wireless access is available in the meeting room.

materials: Materials will be available on our website for downloading in advance of the seminar. Printed materials will not be distributed. Register online at www.BRBA.org.

Cleby the hour

hoW to register: (1) register anD Pay online by credit card at www.brba.org; (2) mail this entire page, along with your payment, to: brba, P.o. box 2241, baton rouge, la 70821; or (3) FaX registration form and credit card information to 225-344-4805.

i am registering for _______ hours @ _____________ per hour = $___________ total amount due

Name: _________________________________________________ Firm: _________________________________________ Bar Roll #: _________________

Address: ___________________________________________________________City: ______________________________State: _______ Zip: ____________

Phone: ________________________________Fax: ____________________________________ Email: ____________________________________________

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Wednesday, Dec. 9, 2015time CreDit toPiC Presenter8-9 am 1.0 Ethics* Michael S. Walsh9:10-10:10 am 1.0 Changes in Summary Judgment Judge Guy Holdridge10:20-11:20 am 1.0 Piercing the Corporate Veil Madison DeWitt11:30am-12:30pm 1.0 Recent Dev. in the La. Civil Code William D. Corbett1:30-2:30 pm 1.0 Current Trends in Tax Advocacy David Gunn2:40-3:40 pm 1.0 Federal (IRS) and Louisiana (LDR) Offers in Compromise Tami York3:50-4:50 pm 1.0 Developments in the Fair Labor Standards Act Tom Kiggans5-6 pm 1.0 Professionalism**: Generational Differences Lynn Luker

8-9 am 1.0 Recent Developments in Successions and Donations Joseph W. Mengis9:10-10:10 am 1.0 Privacy in the Workplace: How Reasonable are our Expectations? John Fenner10:20-11:20 am 1.0 Law Firm Management~ Chad Dudley11:30am-12:30pm 1.0 Problem with PUD’s Laurie Marien, Ryan Holcomb & Frank Duke1:30-2:30 pm 1.0 Overview of Federal and State Consumer Privacy Laws Chris Jones2:40-3:40 pm 1.0 Setting up a Law Office:~ Considerations to Keep in Mind Wendy Edwards 3:50-4:50 pm 1.0 Professionalism in Domestic Violence Cases** Beau Brock & Wendy Edwards 5-6 pm 1.0 Ethics* Anderson O. Dotson III

8-9 am 1.0 Tips from the Bench Judge Beau Higginbotham & Judge Toni Higginbotham

9:10-10:10 am 1.0 The Law of Bitcoin and Virtual Currencies Chris Odinet10:20-11:20 am 1.0 From Site Plan to Permit: Hurdles and Obstacles Randy Roussel11:30am-12:30pm 1.0 Interstate Transfers of Water Kai Midboe1:30-2:30 pm 1.0 Professionalism** Judge James Brady, Judge John deGravelles, Judge Shelly Dick, Judge Brian A. Jackson, Judge Jay Zainey 2:40-3:40 pm 1.0 Navigating the Disciplinary System when You Have A Complaint (Ethics)* Robert Kennedy3:50-4:50 pm 1.0 Mediation: Preparing and Presenting Your Case Paul Marks

8-9 am 1.0 Understanding E-Discovery and Strategies for Mitigating Risks and Costs Kim Roy9:10-10:10 am 1.0 E-Discovery Wake Up Call: Security, Analytics & Digital Forensics Gavin Manes10:20-11:20 am 1.0 Use of Digital Technology in the Courtroom Keith McDaniel11:30am-12:30pm 1.0 Legal Ethics, Questions & Answers* Richard Lemmler Jr.1:30-2:30 pm 1.0 Professionalism: ABA Model Rule 8.3: Reporting Impairment** Related Content Buddy Stockwell2:40-3:40 pm 1.0 Calculating Damages for Individuals Madison Field3:50-4:50 pm 1.0 IT / Cybersecurity Michael Richmond

time CreDit toPiC Presenter8-9 am 1.0 Louisiana Civil Law and Procedure Updates Darrel J. Papillion9:10-10:10 am 1.0 National Developments & Implications for La. Workers’ Comp Charles Davoli10:20-11:20 am 1.0 What’s Left of the FTCA? Brief Recollections in Governmental Immunity in the 21st Century Michael Palmintier11:30am-12:30pm 1.0 Recent Dev. in Legal Ethics Dane Ciolino1:30-2:30 pm 1.0 Professionalism**: Avoiding the Glamour of Incivility Rebecca Wisbar2:40-3:40 pm 1.0 Machine vs. Man Dr. Jay Perniciaro3:50-4:50 pm 1.0 Collateral Damage: When Civil and Criminal Law Issues Develop and Overlap in Cases* Franz Borghardt

*Ethics; **Professionalism, ~Law Practice ManagementPlease CheCK your reQuesteD seminars:

Thursday, Dec. 10, 2015

Thursday, Dec. 17, 2015Tuesday, Dec. 29, 2015

Wednesday, Dec. 30, 20158-9 am 1.0 Employment Law Update Eric Miller9:10-10:10 am 1.0 Privacy Issues in Criminal Law John McLindon10:20-11:20 am 1.0 Tips on Effective Communication during Voir Dire Randy A. Piedrahita11:30am-12:30pm 1.0 Federal Tax Update John Piland1:30-2:30 pm 1.0 Professionalism** Karen Murphy2:40-3:40 pm 1.0 Law Office Practice~ Scotty Chabert3:50-4:50 pm 1.0 The Disciplinary Process & How to Avoid Complaints (Ethics)* Julie Brown White

Join us at the renaissance br hotel

7000 bluebonnet blvd.baton rouge, la 70810

SPONSORED BY total Care inJury anD Pain Centers

Friday, Dec. 18, 2015

December 2015 Around the Bar 3

On the cover:

Featured on the cover of the December 2015 issue of

Around the Bar magazine are (L to R) Scott Emonet and

Dana Brown, two of the owners of the Jolie Pearl Oyster

Bar, who are featured in Rebecca Wisbar’s article on page

16. Jolie Pearl, located at 315 North Blvd. across from the

19th Judicial District Courthouse, recently celebrated one

year in business.

Cover photography by Pamela Labbe.

insideDECEmBER 2015

4 Contributors

5 Letter from the president “Glad I answered the phone” By ROBERt J. BuRNS JR.

7 tales from the bar side “Open letter” By vINCENt P. FORNIaS

9 attorney spotlight “Interview with Laurie Kadair” By JENNIFER mayER

10 Gail’s grammar

11 West’s Jury verdicts

12 “an early Christmas present? amendments to the Federal Rules of Civil Procedure, effective Dec. 1, 2015” By ED WaLtERS

16 “Out of the law” By REBECCa WISBaR

19 Bar news

22 Foundation footnotes

the Jolie Pearl Oyster

Bar recently won first

place in an oyster-

shucking contest in

Orange Beach, ala.

(Scott Emonet, Dana

Brown and trophy

photographed on right).


aROuND tHE BaR supports participation of the membership in its production. We encourage the submission of articles and letters to the editor. articles should be less than 1,500 words, typed and single-spaced. a Word file should be emailed as an attachment to: [email protected].

For advertising information call Pamela Labbe at 225-214-5560. Display ads should be high-resolution attachments (.PDF), and classified ads as text only. Please email all ad artwork to [email protected]. Publication of any advertisement shall not be considered an endorsement of the product or service involved. the editor reserves the right to reject any advertisement, article or letter.

Copyright © by the Baton Rouge Bar association. all rights reserved. Reproduction in whole or part without permission is prohibited. to request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected].

Pamela Labbe is the communications coordinator of the Baton Rouge Bar association.

vincent P. Fornias, an assistant editor of Around the Bar, is a solo practitioner whose practice focus is alternative dispute resolution.

contributors

Gail S. Stephenson, an assistant editor of Around the Bar, is the director of legal analysis and writing and an associate

professor of law at Southern university Law Center.

All Rights Reserved • Copyright ©2015

Published by the Baton Rouge Bar associationP. O. Box 2241, Baton Rouge, La 70821

Phone (225) 344-4803 • Fax (225) 344-4805 • www.brba.org

the Baton Rouge Bar association will be the beacon for the full spectrum of the legal profession by fostering professional

courtesy; increasing the diversity of the bar and the participation of under-represented groups; maintaining a sound financial base;

enhancing and developing member services and community outreach; and promoting and improving the image of the profession.

OFFICERSRobert J. Burns Jr., President ........................................767-7730Jeanne C. Comeaux, President-elect ........................381-8051Karli G. Johnson, treasurer ...........................................389-3704Linda Law Clark, Secretary ...........................................346-8716Darrel J. Papillion, Past President ...............................236-3636

DIRECtORS at LaRGEShelton Dennis Blunt melissa m. CressonChristopher K. Jones melanie Newkome Jonesamy C. Lambert David abboud thomas

Ex OFFICIOSDanielle Clapinski • Charles Hardie • Joanna B. Hynes

Robin Krumholt • Scott M. Levy • Eric LockridgeMatthew Meiners • Judge Pamela Moses-Laramore

Debra Parker • Michael Platte • Michelle Sorrells

aBa DELEGatE Erin Wilder-Doomes

BaNKRuPtCy SECtIONEric Lockridge ............................................................................Chair

BuSINESS/CORPORatE LaW SECtIONmichael Platte ......................................................................Co-chairmatthew meiners ...............................................................Co-chair

CONStRuCtION LaW SECtIONCharles Hardie ...........................................................................Chairmatt terrell ......................................................................... Past chair

FamILy LaW SECtIONJoanna B. Hynes ........................................................................Chairanne Richey myles ........................................................Chair-electJennifer m. moisant .........................................................SecretaryWendy L. Edwards ........................................................... Past chair

PuBLIC LaW PRaCtICE SECtIONDanielle Clapinski .....................................................................ChairChristopher K. Odinet .................................................... Past chair

WORKERS’ COmPENSatION SECtIONRobin L. Krumholt .............................................................Co-ChairDebra t. Parker ....................................................................Co-Chairmichelle m. Sorrells ...........................................................Co-ChairJudge Pamela moses-Laramore ...................................Co-Chair

yOuNG LaWyERS SECtION OFFICERSScott m. Levy, Chair ..........................................................299-3059Kara B. Kantrow, Chair-elect .........................................769-7473Loren Shanklin Fleshman, Secretary .........................223-6333Laranda moffett Walker, Past Chair .......................................N/a

yOuNG LaWyERS SECtION COuNCIL

BatON ROuGE BaR aSSOCIatION StaFF

ann K. Gregorie, Executive Director 214-5563Kelsie Bourgeois , Executive assistant 344-4803Donna Buuck, youth Education Coordinator 214-5556Caroline Cooper, Pro Bono Coordinator 214-5558R. Lynn S. Haynes, asst. teen Court Coordinator 214-5564Robin Kay, Pro Bono Coordinator 214-5561Susan Kelley, Office manager 214-5559Pamela Labbe, Communications Coordinator 214-5560Carole mcGehee, Lawyer Referral Coordinator 214-5557Julie Ourso, Bookkeeper 214-5572

PuBLICatIONS COmmIttEE

Editor: Ed Walters — 236-3636asst. Eds.: Joseph J. Cefalu III — 381-3176 vincent P. Fornias — 769-4553 Grant J. Guillot — 346-1461 Gail S. Stephenson — 771-4900, ext. 216 art vingiello — 751-1751Graphic Design / ad Sales: Pamela Labbe — 214-5560

Francisca ComeauxErin Sayes Kenny

Gracella SimmonsRebecca WisbarJeff WittenbrinkRobert a. Woosley

Katherine DampfKathryn DufreneRachel L. EmanuelLane EwingJohn FennerGreg Gouner

Chelsea Gomez CaswellJordan Fairclothmackenzie Smith Ledet

Lexi HolingaDianne m. Irvinemelanie N. JonesDale LeeJohn mcLindonChristopher K. Odinet

Rebecca Wisbar, a partner with akers & Wisbar, LLC, is a member of the Publications Committee.

Ed Walters Jr., a partner with Walters Papillion thomas Cullens, LLC, is the editor of Around the Bar.

Robert J. Burns Jr., a partner in the Perry, atkinson, Balhoff, mengis, Burns & Ellis firm and a managing partner of Perry Dampf Dispute

Solutions, is the 2015 president of the Baton Rouge Bar association.

Jennifer mayer, the recruitment coordinator of the Capital area CaSa association, is a contributing writer.

CLAIRE E. SAULS has joined the firm as

an associate. ms. Sauls graduated cum

laude from LSu Law Center in may 2015

where she served as an executive member

of the moot Court Board and gained

experience through clerkships and an

externship with the First Circuit Court of

appeal. ms. Sauls’ areas of practice will

include commercial litigation, business

law, and construction law.

We Are Pleased To Announce:

visit Dunlap Fiore’s website at www.dunlapfiore.com for more information.


letter from the presidentBy ROBERt J. BuRNS JR. Glad I answered the phone

Robert J. Burns Jr.

“Would you tell me, please, which way I ought to go from here?” “That depends a good deal on where you want to get to.” “I don’t much care where.” “Then it doesn’t matter which way you go.” — Lewis Carroll, Alice in Wonderland

As this is my last “Letter from the President,” I strained for just the right message. “This column needs to sum it up, put it all in perspective,” I told myself. That got me thinking: How did I ever end up here? Be assured, this was not by my design.

Ten years ago, I was working late when my direct line rang. On the phone were Jay Jalenak Jr. and Barbara Baier. At the time, Jay was the incoming president of the Baton Rouge Bar Association, and Barbara would soon follow him in that position. Together, they asked if I would consider running for a position on the Board of Directors. I’d had some experience with the Bar Association and participated on a few committees, but my family and my practice was the focus of my attention. I certainly didn’t have time to spend with a bunch of lawyers. And I wasn’t sure I even knew anyone on the Board of Directors. I could think of 1,000 reasons to politely decline. So, when I said “Sure, I’ll do it,” I hung up the phone in disgust that I, once again, had failed to say “no.”

Footnote here: I’ve gotten much better at saying “no.” Raising teenagers made that a necessity, and I consider myself quite good now at rejecting even the most rational and appealing plea. “Dad, can we get a four wheeler? Everybody in the neighborhood has them, and they’re safe. We can ride it on the street. You don’t even need insurance on them. That’s what the law says.” “No.” Or, how about this one: “Dad, can we shoot pigeons in the backyard? It’s dove season, and they’re related.” “No.” My favorite was this, from my recent college graduate: “Dad, I found a great price on airline tickets to Chicago for Halloween weekend. Can I use your credit card?” Say it with me: “No.”

But, 10 years ago I had no teenagers and was easy prey to the likes of Jay and Barbara. I remember thinking after hanging up the phone that if I was elected, it would look good on my résumé. I also thought that the dinner meetings at nice restaurants would be a nice perk, and that I could probably get my firm to absorb that expense (thanks again, guys). I’d hobnob with a few bar leaders, impress a few judges with my participation in the bar association, and whatever time I spent working on association projects would be worth it because of the exposure I’d get in a few bar magazine pictures. Me, me, me.

After being elected, I spent the first couple of years tolerating things. I attended meetings, went to events and dutifully went about my responsibilities because I was supposed to.

But somewhere along the line, my eyes were gradually opened to the fact that this Association did some pretty neat things, and that I liked being a part of it. It was also made up of some interesting people who worked really hard to make a difference. Seeing their enthusiasm made me enthusiastic. Seeing their hard work made me want to work harder. I met lawyers who gave up their evenings and weekends to coach students or judge mock trial teams. I met lawyers who spent hundreds of hours accepting pro bono cases. I watched as groups of lawyers visited the prisons, volunteered at homeless shelters, pastored crime victims, counseled battered women.


I saw them set up a Teen Court in Baton Rouge. I saw them go into the schools in the Junior Partners Program with hopes of inspiring young people to live good lives. I watched as fellow members of my Association served at soup kitchens, stuffed Easter eggs, and filled trucks with Christmas gifts for needy children. I watched them work and play, argue, laugh, worry and celebrate. And somewhere along my journey, it clicked. I was lucky to be a part of this Association because it was filled with good people doing great things.

I must say, there are many times when I still feel like Alice in Wonderland. I’m not exactly sure where I want to go, so I don’t really know which direction my next step will take me. But I can state with certainty that wherever my next steps take me, I’d sure appreciate being in the company of people like those I’ve had the privilege of working with over the last 10 years. They make the journey worth it.

Federal Court admissions Ceremony

Thursday, dec. 3, 2015—3 p.m.

u.s. disTricT courT For The middle disTricT

oF louisianaRussell B. Long Federal Building and United States Courthouse

in Courtroom 1,777 Florida St., Baton Rouge, LA

Contact Ann K. Gregorie for more information:225-214-5563 or [email protected].


tales from the bar sideBy vINCENt P. FORNIaS Open letter

TO: My email recipient(s)FROM: MeRE: For future reference

I just wanted to let you know that I appreciate your periodic notifications, after receiving purported emails from me, that “it looks like someone has hacked your email account.”

When I first received one of these dreaded messages, “panic” does not adequately describe my immediate reaction. Visions of everything from compromised bank accounts to hijacked baby pics of my granddaughters flooded my already overtaxed psyche. If a blood pressure reading had been readily available, I would have been dispatched, post-haste, to the nearest trauma center. After considerable resuscitation, Plan B involved alternative ways to permanently and vengefully deal with these detestable hacking creatures. Suffice it to say that my fantasies rivaled your typical Minnesota dentist on a Zimbabwean safari. No, I am not proud of this.

Alas, that was many moons (and passwords) ago. I will confess that in abject frustration over successive hacks I resorted to geeky websites doling out expert advice on how to maximize the security of future passwords. Month after hacked (and hacked off) month, I ascribed religiously to their sage advice. I avoided all personal or family birthdays. Dog names were boycotted. I utilized at least 12 characters, including numbers, symbols, and upper AND lower case letters. I even unleashed something called a “mnemonic” (rhymes with demonic) device (where, for instance, the password H=jNp2#s is recalled by the phrase “Harry equals just Nokia plus two numbers.) That one worked for about three weeks before the next hacking notification. Nothing worked.

So, you win, hacker. I am symbolically composing this missive from inside a virtual Appomattox courthouse, sword in hand, ready for humble, abject and unconditional surrender. You win. I am flat out of password angles and the further resolve to deal with your unceasing unconscionable thievery.


My sole pitiful remaining alternatives are twofold:(a) Cancel my email account and send out not another

email as long as I live; or(b) Advise all future recipients that if you do receive

an email addressed from me, you may take to the bank the guarantee that I will never, ever, in this lifetime, be enticing you to click on a website link with lame teasers such as:

(1) “Hi! How are you? Have you seen this?”(2) “Check out the latest from Oprah!” or(3) “Boy, did these pills help me under the covers!”

Now, do we understand each other? Kindly confirm by email reply—at your own risk.

Volunteer writers needed to

submit substantive legal articles

for publication in future

Around the Bar issues.

Contact Pamela Labbe at [email protected] 225-214-5560 for more information.

Volunteers are needed to help with a monthly

law CluBFor youth in the gardere area.

We need lawyer volunteers to help with a law club for middle and high school students in the Gardere/South Burbank area. You will work with teens as they learn more about the field of law.

To volunteer or for more information, please contact Lynn S. Haynes at [email protected] or 225-214-5564.

The “Future Legal Eagles” law club is funded by a grant from the South Burbank Crime Prevention and Development District.


ATB: Where are you from?

LK: Baton Rouge, La. I went to St. Joseph’s Academy. I started at LSU and finished undergrad in San Antonio, Texas, at Trinity University. I went to law school in Oklahoma at the University of Tulsa College of Law.

ATB: Did you always want to be an attorney?

LK: No, I didn’t. When I was in undergrad, I was a finance major, and I was going to get an MBA. Around that time, there was a big market crash, and the market for MBAs wasn’t all that great, so I did a shift from MBA to law school.

ATB: Tell us about your legal career.

LK: After law school I was recruited by a big firm in Oklahoma, so I did the whole big firm thing. I spent all my time in the library. I was paired with a litigation partner because that’s where they needed help. I never wanted to be a litigator, so I left the firm and went in-house with an oil-and-gas company. It wasn’t litigation, but it was boring, so I took a break from practice for a while. I ran my own incentive travel business, so I did a lot of traveling. It was fun, but I wanted to come back to Baton Rouge. I had always wanted to work in estate planning, so I came back here, hung a shingle and started in that. The practice has grown to where I do estate planning and successions, but a big part of our practice is now trust administration. That came by way of a friend of mine who was asked to be a trustee on a case. He didn’t care for the work, so I stepped in and made some contacts in the area. Our practice manages all kinds of trusts, but mostly special needs trusts for folks with disabilities.

ATB: Are you involved with any organizations or causes?

LK: I’m on the board for Health Centers in Schools. A lot of kids in Baton Rouge public schools lack transportation (or their families lack transportation) to get to doctors’ appointments. HSC puts clinics inside schools in certain parts of Baton Rouge where they are needed. I’m also a CASA (Court Appointed Special Advocate) volunteer. In

attorney spotlightBy JENNIFER mayER Interview with Laurie Kadair

undergrad I was friends with someone who had adopted kids and was a CASA. I got interested in it way back then—I never took the next step but always wanted to do it. When I moved back to Baton Rouge in 2003, I got in touch with the CASA office here and went through training. CASA works with kids in foster care. The Department of Children and Family Services has a huge caseload, but I have a caseload of one, so I can dig deep into what’s going on in this kid’s life. I have access to everything through a court order, and I keep in touch with everybody involved. When we go to juvenile court, the CASA report is part of what the judge sees and includes what’s going on

with this child and what CASA’s recommendation is. We advocate for the child, and the judge usually gives some credence to our recommendations.

ATB: Why are you passionate about your volunteer involvement?

LK: HSC and CASA are both similar in that they serve kids that are either at-risk or underserved in some way. Growing up I went to St. Aloysius and St. Joseph’s. My parents drove and they could read. It’s a totally different ball game for kids like that. I don’t have kids, so this is my way of serving kids in the community. CASA isn’t as time-consuming as people think, and a lot of people object to getting involved because of the sad stories. While it can be sad, we’re the good guys, so you get to be on the positive side of a negative situation.

ATB: What was the last book you read?

LK: The Goldfinch by Donna Tartt.

ATB: Are you involved with the BRBA?

LK: I think it’s maybe been four years in the making—Mark Callender, Joe Prokop and I have been involved with Nuts & Bolts. We do half-day seminars on succession and estate planning. It’s been well-received. It’s geared toward recent graduates, but we also have seasoned lawyers that just want to know a little more about successions or planning because it comes across their desk every so often. I think

Laurie Kadair


Meeting RooM Facilities available FoR Depositions

& MeDiations

BRBA members can reserve conference rooms for $50 per day ($25 per half day) per room. Non-members receive a rate of

$250 per day ($125 per half day) per room.

To book space or for more info., contact

Kelsie at 225-344-4803 or [email protected].

I was also a Technology Committee member forever ago.

ATB: What is the best piece of advice you have ever received?

LK: Be careful of those cases that don’t feel good in your gut because the ones you say no to are often more important to your career than the ones you say yes to.

ATB: What are your leisure activities?

LK: I run every day. I read and play with my iPad a lot—sometimes goofing off, but I try to do something that is at least brain worthy, like crossword puzzles, not just Angry Birds. But mostly just running.

Hyphenating adjective phrases helps prevent confusion. A single hyphen can change a sentence from a common situation (“I saw a man eating crawfish”) to one of terror (“I saw a man-eating crawfish”). Hyphens also provide clarity in a sentence such as this: “He used a dangerous animal trap.” As written, the trap is dangerous. With a hyphen (He used a dangerous-animal trap), it becomes clear that the trap is intended to catch dangerous animals. Hyphens can also prevent ambiguity, as in a reference to a judge’s “pre-judicial career.”

Send suggestions for future Gail’s Grammar columns to Gail Stephenson at [email protected],

or call Gail at 225.771-4900 x 216.

Gail’s Grammar


With the aspirational goal of “reining in the excessive cost of discovery,” the United States Supreme Court has approved several changes to the Federal Rules of Civil Procedure, which become effective Dec. 1, 2015. These changes are significant—some more than others.

rule 26 and “proportionality”One of the most far-reaching changes relates to the

scope of discovery under Rule 26(b)(1) by replacing the requirement that discovery be “relevant to any party’s claims or defense” with a “proportionality” factor that incorporates the language in old Rule 26(b)(2)(C) and moves it up in priority and importance.

Significantly, the language, “Relevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence” was replaced with: “Information within the scope of discovery need not be admissible in evidence to be discoverable,” thus totally getting rid of the phrase “reasonably calculated to lead to the discovery of admissible evidence.” Previously, the “reasonably calculated” phrase had been moved to a less prominent place, and now it has been removed from the rule entirely. Removing the “reasonably calculated” phrase will make a difference in how parties justify the discovery that they are seeking.

The entire text of the rule has been changed as follows: (Strikeouts are the old language.)(1) Scope in General. Unless otherwise limited by court

order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable. including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial

An eArly ChristmAs present?

amendments to the Federal rules of civil procedure, effective dec. 1, 2015 By ED WaLtERS

if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).

Under the amended rules, discovery now hinges on a single key concept: proportionality. Amended Rule 26 adds language stating that a party is entitled to discovery that is relevant to claims and defenses and “proportional to the needs of the case.” The scope of discovery now incorporates six factors that should be considered to determine whether a discovery request is proportional to the needs of the case. They include

1. the importance of the issues at stake in the action,2. the amount in controversy,3. the parties’ relative access to relevant information,4. the parties’ resources,5. the importance of the discovery in resolving the

issues, and 6. whether the burden or expense of the proposed

discovery outweighs its likely benefit.The first consideration in the amended rule is the

importance of the issues at stake in the action. This rearrangement adds prominence to the importance of the issues and avoids any implication that the amount in controversy is the most important concern. The committee notes state that the change to Rule 26 “does not change the existing responsibilities of the court and the parties to consider proportionality,” and the drafters did not intend for proportionality to be used as a weapon.

Who has the burden of proof on these issues?This change will shift the burden of proving

proportionality to the party seeking discovery. As a result, will it provide a new basis for refusing to provide discovery, and, of course, increase litigation costs? Only time will tell if these will be unintended consequences.

It seems clear that the next battles looming for our judges and magistrate judges will be proportionality objections, proportionality hearings, proportionality witnesses, and, thus, mini-proportionality trials with one side claiming the information is disproportionate and burdensome, and the requesting party having the burden of proving otherwise.

A motion to compel the production likely will result in an evidentiary hearing. One counsel will bring witnesses to testify at the hearing about the burden and


cost of producing the requested materials. The requesting counsel must be ready to counter these witnesses with its own witnesses.

Unfortunately, the requesting party almost certainly will need to conduct discovery on the other party’s proportionality claims to effectively counter them.

Issues will arise as to whether the “resources” refer to those of the client or the resources of the lawyer. The rule states that “the parties’ resources” should be used in the proportionality analysis, and nowhere is the resources of the parties’ counsel mentioned.

These issues are now front and center.

rules 4 and 16: shortening the timelineThe amended rules also shorten the deadlines in early

case management. Prior Rule 4 required that the summons and complaint be served within 120 days. That time period has been shortened to 90 days.

Revised Rule 16 now requires a scheduling order 30 days earlier, as well. Changes to Rule 16(b)(2) reduce the time for issuance of the scheduling order from 120 days to 90 days after a defendant has been served, or from 90 days after any defendant has appeared.

Further, Rule 16(b)(3)(B)(v) was created to specify that a scheduling order may direct that before moving for an order relating to discovery, the movant must request a conference with the court:

(b) SCHEDULING.(1) Scheduling Order. Except in categories of

actions exempted by local rule, the district judge—or a magistrate judge when authorized by local rule—must issue a scheduling order:

(A) after receiving the parties’ report under Rule 26(f); or

(B) after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference.

(2) Time to Issue. The judge must issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, the judge must issue it within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.

(B) Permitted Contents. The scheduling order may:

(i) modify the timing of disclosures under Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;(iii) provide for disclosure, or discovery, or

preservation of electronically stored information;(iv) include any agreements the parties reach

for asserting claims of privilege or of protection as trial-preparation material after information is produced, including agreements reached under Federal Rule of Evidence 502;

(v) direct that before moving for an order relating to discovery, the movant must request a conference with the court;

(vi) set dates for pretrial conferences and for trial; and

(vii) include other appropriate matters.

The new rule institutes a procedure whereby the court has the option of ordering that parties request a conference before filing a motion to compel, designed to decrease the time, effort, and expense of discovery motions.

rule 37 and esi

Significant changes to Rule 37 were made in order to address issues relating to preserving electronically stored information.

Revised Rule 37 seeks to provide the remedies a court may take when it determines that certain information that should have been preserved is lost. It does not create a duty to preserve, but yields to the duty already imposed by case law that a preservation obligation is created when litigation is reasonably anticipated.

Rule 37(e)(2) provides the court with a nonexhaustive list of measures and sanctions:

(e) FAILURE TO PRESERVE ELECTRONICALLY STORED INFORMATION.

If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court:

(1) upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or

(2) only upon finding that the party acted with the intent to deprive another party of the information’s use in the litigation may:

(A) presume that the lost information was unfavorable to the party;

(B) instruct the jury that it may or must presume the information was unfavorable to the party; or

(C) dismiss the action or enter a default judgment.

Rule 37(b)(1)(B) allows limited sanctions only where a party’s actions either (1) caused substantial prejudice and were willful or in bad faith, or (2) irreparably deprived a part of a meaningful opportunity to present or defend against the claims made in the litigation.

other changes of noteRule 26(d)(2) allows a party to serve a Rule 34

document production request prior to the Rule 26(f) meeting. The date of service, however, is calculated as the date of the first 26(f) meeting.


Rule 26(C)(1) provides that a protective order may specify “the terms, including time and place or the allocation of expenses, for the disclosure of discovery.”

Rule 34(b)(2)(B) indicates that while an objection may be raised as to the broad nature of a discovery request, the objection must state which part of the request is not overbroad, if a portion of the request is appropriate.

Rule 34(b)(2)(B) also allows a responding party to state that it will produce copies of documents or ESI in lieu of permitting inspection.

Rule 34(b)(2)(C) currently requires that an objection to a request must specify the part and allow the inspection of the remainder. The amendment requires that the objection “must state whether any responsive materials are being withheld on the basis of that objection.”

(B) Responding to Each Item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production must then be completed no later than the time for inspection specified in the request or another reasonable time specified in the response.

(C) Objections. An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.

Many changes in Rules 30, 31 and 33 were made to change references to “Rule 26(b)(2)” to read “Rule 26(b)(1) & (2).” The amended rules also contain copies of certain forms approved by the Supreme Court.

conclusionThese rules attempt to achieve the goal of the “just,

speedy, and inexpensive determination of every action and proceeding.” While they significantly expedite the timing of the early stages of litigation, bring clarity to many facets of discovery, and redefine a party’s ESI obligations, only time will tell whether these changes expedite matters or whether the mini-trials regarding proportionality of discovery will work in the opposite direction.

Consult the actual text of these changes and annotate your Federal Rules of Civil Procedure book that’s sitting on your shelf (or should be). The 2016 version won’t hit your desk for a while. For the complete text of the changes: http://www.supremecourt.gov/orders/courtorders/frcv15(update)_1823.pdf. For a list of all of the Federal Rules: https://www.law.cornell.edu/rules/frcp.


There it is, 24x14 framed inches wherein the Louisiana Supreme Court proclaims that you are an officer of the court; a lawyer; someone who works within the law. Yet there are some of us who work outside of the law also. We’re not thinking of “true” outlaws. Rather, these outliers divert some of their legal expertise to businesses outside of their more traditional law practices.

When Linda Perez Clark leaves the legal bar, she heads to the restaurant bar at Bin 77, which she and her husband own. Prior to opening Bin 77, she and her husband enjoyed the variety of wine bars in Atlanta, and they realized that Baton Rouge provided no similar offerings. Linda had a unique combination of experiences to contribute to their venture. Prior to practicing law, Linda enjoyed waiting on tables in various restaurants. As an attorney, Linda guided clients in their business ventures, including franchise purchases. Linda utilized these experiences in opening their first restaurant as a franchise. That legal knowledge was equally beneficial when they made the decision to terminate the franchise agreement and open another restaurant, Bin 77. The restaurant name has an interesting origin. “Bin” refers to

the storage area in a wine cellar. Traditionally, each bin has a number for identification purposes. The “77” is based on her son’s date of birth, July 7.

Linda and her husband were busy with their respective careers; therefore, it was essential that they find a dependable operating partner. Although they have done so, she and her husband are actively involved in Bin

Out of the Law aRtICLE By REBECCa WISBaR | PHOtOGRaPHy By PamELa LaBBE

Linda Perez Clark is one of the owners of Bin 77, located in Perkins Rowe.

Scott Emonet and Dana Brown are seated at the Jolie Pearl Oyster Bar.


77. You can usually find them at Bin 77 on a Friday or Saturday evening. Not only do they enjoy their behind-the-scenes involvement in the restaurant, but they now share their weekends with a community of friends. As in the best restaurant-centered movies, Bin 77 members gather several times a year to experiment with new dishes and new cocktail creations. Everyone involved in the restaurant samples the items and renders his or her opinion. Linda welcomes the insights from friends and patrons, too. In addition to the attractions of food, drink and community, there is the additional allure of a beautiful patio that transports you from Baton Rouge to a European courtyard, complete with fountains and live music.

Scott Emonet and Dana Brown, two of the partners in the Jolie Pearl Oyster Bar, are additions to the list of our colleagues who work outside the law. Jolie Pearl is a new venture for them in that it is a downtown restaurant. As we have all witnessed, the downtown area has expanded and is livelier than in years past. Jolie Pearl is across from the 19th Judicial District Courthouse. Scott became involved with Jolie Pearl through his brother-in-law, who is active in the Downtown Development District. All of the owners firmly believe in the development of the downtown area. The owners were active in the eclectic design of the restaurant. The restaurant is large, spacious and airy. There are two bars in addition to ample seating space. The tables are made of multicolored distressed wood. The restaurant focuses on a great variety of oysters and oyster recipes.

Despite the fact that I grew up in New Orleans, I have never learned to enjoy oysters, so I was pleasantly surprised to find shrimp, muffalettas and other menu items at Jolie Pearl. It turns out that I have Scott Emonet to thank for this as he encouraged his co-owners to expand the oyster and bar menu to accommodate those of us who are not oyster gurus. Scott loves the atmosphere and sense of community in the restaurant. On any given night you can find him enjoying the fare at Jolie Pearl or even bussing tables. Although opened about a year ago, Jolie Pearl has already been listed as a runner-up to the Best of

225 category of Best Chargrilled Oysters. Years before Jolie Pearl Oyster Bar was a reality, Dana

began his first restaurant, Le Creole, with a high school friend. Their goal was to open a “high end” seafood restaurant. Le Creole remained open for four years, until it closed in September 2015. “We are in the process of moving to a newly developing location out in that same area, and Le Creole will be back in action after the first of the year,” Dana explained.

Dana’s father provided the sage advice to Dana that he should have interests in addition to his law practice. While Dana acknowledges that he loves the law, he found his father’s advice to be irresistible. Additionally, he relished the challenge of tackling a new project. Dana found that the legal practice brought transferable skills to the restaurant business. At his firm, he has management and promotional respon-sibilities. That, of course, transfers to the restaurant setting.

Dale Baringer is another outlier who knew of the necessity of having a trusted business partner. At Pinetta’s restaurant, that person is his wife, Diane. Pinetta’s is a long-standing institution in Baton Rouge. Dale recalls frequenting Pinetta’s in the 1960s and throughout his life. The original owners were a family from the boundaries of Italy, Austria and Hungary. Pinetta’s

menu was influenced by each of those regions. In the late 1980s, Dale and Diane went to Pinetta’s every day for the last two weeks before its closing. On the last evening they “tailgated” in a long line of people as they waited for their “last meal” at Pinetta’s. On that occasion Diane wrote a note to the owners on the back of a check stub thanking the owners for their experiences at Pinetta’s.

Dale had a background in accounting and an entrepreneurial yen. He had always dreamed of having a restaurant. One of his legal clients was an individual from Croatia who was a chef at Juban’s Restaurant. After speaking to him, the two of them met with the original owner of Pinetta’s. There were numerous meetings infused with grappa from the original owner’s European property. Giuliano, the original owner, expressed no interest in selling Pinetta’s and its recipes. Diane joined them for the

the Baringers have owned Pinetta’s on Perkins Road for 15 years.


third meeting. At that time Giuliano showed them a note written by a customer that particularly touched his heart. It turns out that it was the note written by Diane. That sealed the deal. They closed their agreement by breaking grappa glasses, as Giuliano advised them was the custom in his native country. That transaction took place 15 years ago. Additionally, Dale has ventured into part ownership of a health club in Gonzales and is working on real estate development. His entrepreneurial spirit is strong.

Restaurants are not the only “outlaw” businesses operated by our colleagues. Austin Benton established Ayla Legal Systems, which is a Louisiana-based software company. Ayla software assembles the vast majority of legal documents required to practice family law. The business name has a family connection. Austin’s niece is named “Ayla.” Her beautiful name finds its origin in the book Clan of the Cave Bear. Austin described the character, Ayla, as a child who questions all norms. The specific journey for the company “Ayla” was two-and-a-half years in the making. It began with the observation that his family’s law practice—Benton, Benton & Benton—had changed dramatically over the generations. He recalls that, as a young boy visiting his father’s law office, he saw many legal assistants typing pleadings and motions. Years ago, he came to the realization that many attorneys now have that job in addition to studying the law, speaking with clients and appearing in court. He also noticed that many young attorneys did not have the mentor system that was once in place in the legal community. This prompted him to begin to talk with judges and 40 to 50 attorneys throughout the state. The end creation is a software program that begins with interviews and case report information input, and continues through petitions, motions and rules. The pleadings are created by the software as the attorney gathers client information and inputs client answers to questions required of a legal practitioner. The software immediately prepares letters to clerks, and so forth. This provides the attorney with the opportunity to focus more on

Randy Pipes owned Pipe Dream Charters. Pictured above, Pipes’ son placed second at the Cajun Canyons Classic with a 454.7-pound catch.

client communication and other legal matters. Austin’s company has donated two computers, printers and software to the 19th JDC courthouse and placed them in the attorney rooms for utilization by family law practitioners. Austin’s enthusiasm and commitment is contagious.

Randy Pipes channeled a different yet equally infectious enthusiasm into one of his businesses. From 1998 to 2007 Randy was owner of a charter boat business in Costa Rica. The motivation for this business was his love of fishing. “Pipe Dream Charters” was established so that he could fish several times a year in Costa Rica. Prior to this business venture, he had a captain’s

license from the Coast Guard and would take people on weekend dive charters. At one time Pipe Dream Charters had approximately 300 charters a year, three boats and full crews. Obviously there were logistics to running this business in Costa Rica. He retained an attorney in Costa Rica. He advertised and sold trips primarily in the United States. According to Randy, one of the keys to the success of the business was that he and his sister cooperated in the business. His sister rented vacation homes and operated restaurants in Costa Rica. She was available on the premises far more often that Randy. The vacation home rentals and the charter business offered vacations to everyday people as well as celebrities, including Mel Gibson, Goldie Hawn and George Harrison. While Pipe Dream Charters was an enjoyable experience, the business

temporarily diminished his love of fishing. As Randy noted, the business issues and day-to-day operations tended to tarnish the pure love of his hobby. Happily, his passion for fishing has returned completely.

On reflection, each of our entrepreneurial colleagues is a “true” outlaw if we accept the words of one author, Hunter S. Thompson, who wrote, “An outlaw can be defined as somebody who lives outside the law, beyond the law and not necessarily against it.” If we embrace that definition, we all have the potential to become outlaws.

austin Benton established ayla Legal Systems.


bar newsWinners of the BRBF Belly up with the Bar 2015 competition announced

New to this year’s BRBF Belly Up with the Bar event, which took place at Live Oak Arabians Friday, Oct. 30, 2015, was a costume parade for the kids along with trick-or-treating at the cooking booths. Due to a scary Halloween weather prediction, the City of Baton Rouge rescheduled fright night for local kids, and the Belly Up with the Bar Committee, chaired by Ben Anderson, had to make last-minute changes to the event. The changes, however, made for a fun event with kids of all ages attending in costume. Donna Buuck was the staff liaison to the committee.

As in the past, celebrity judges selected most of the winning entries, with the exception of the committee awards and the people’s choice awards. And the winners are:

Food caTegories:• BEST GRUB FIRST PLACE:

Donohue, Patrick & Scott, “Rocky Horror Kitchen Show” — Science Fiction Double Feature Goudin Balls.

• BEST GRUB SECOND PLACE: Kean Miller, “#KeanOnPrimeRib” — prime rib sliders.

• BEST GRUB THIRD PLACE: Phelps Dunbar, “Phelps Spud Bar” — mashed potatoes with crawfish etouffee.

• MOST ORIGINAL: Seale, Smith, Zuber & Barnette, “J.D.Evil” — short rib ragu.

• BEST OF SHOW: McGlinchey Stafford, “The

McGlinchey Minions” — Gru’s Gruel with mini corn muffins.

• Best Law schooL: LSU Law Center, “Habeus Corpses” — chicken bombs.

• Best sauce: Mayhall Fondren Blaize — pepper jelly pork sliders with sambal-sriracha aioli pepper jelly.

• siLver spoon (second pLace Best SAUCE): Messer Law Firm, “Abdominal Injury Attorneys” — grilled skirt steak with chimichurri sauce.

• siLver whisk (Best dessert): Shows, Cali & Walsh, “Pirates at Law” — oreo cannon balls.

• CALL LIABILITY CARRIER: Baton Rouge Paralegal Association, “Shooting for Justice” — Subpoena Shrimp Shooters.

(above) Linda Law Clark is served at one of the participating Belly up with the Bar booths.

(Left) Belly up with the Bar Committee members provide a smile for the camera.

(Below) monica vela-vick and family are in costume.

“Rocky Horror Kitchen Show,” a team from Donohue, Patrick & Scott, received Best Grub First Place.

“the mcGlinchey minions” representing mcGlinchey Stafford took home two awards for the same dish.

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people’s choice aWards:• BEST ELIxIR: Taylor Porter — ice cream treats.

• BEST FOOD: Kean Miller, “#KeanOnPrimeRib” — prime rib sliders.

• SILVER SPATULA (SECOND PLACE BEST FOOD):

McGlinchey Stafford, “The McGlinchey Minions” — Gru’s Gruel with mini corn muffins.

• SILVER FLEECE (BUY YOUR VOTES): Taylor, Wellons, Politz & Due — shrimp and corn soup.

commiTTee aWards:• SILVER FORK (BEST FOOD): Postlethwaite &

Netterville, “Al-litigator Services” —alligator sauce piquante.

• BEST THEME: Breazeale, Sachse & Wilson — Fried Elvis Sandwich and Burning Love Milk Punch.

Special thanks to the Belly Up with the Bar 2015 sponsors, including the Logo Sponsor—HORNE LLP; the Five Spoon Sponsors—Arthur J. Gallagher & Co., Davoli Mediation Services, Davoli Krumholt and Price, Gilsbar LLC, Laura and Phil Witter, Live Oak Arabians, Storywood Band, and Total Care Injury and Pain Centers. This year’s Four Spoon Sponsors were Hannis T. Bourgeois, LLP and Campus Federal. The Three Spoon Sponsors were Court Reporters of Louisiana LLC and DeCuir, Clark & Adams, LLP. The Two Spoon Sponsors were Baton Rouge Beer Agency, Baton Rouge Printing, Coastal Gulf & International, Inc., and Coca-Cola Bottling Co. United, Downtown Duplicating LLC, FindLaw, Garrety & Associates, Guinn Auction Co., Janet Parket/Johns Pendleton LLC, The Koerber Co., Long Law Firm, Louisiana Health &

the Belly up Committee honored Breazeale, Sachse & Wilson with the Best theme award.

Injury Centers/Dr. Michael J. Goff, Perry Dampf Dispute Solutions, Postlethwaite & Netterville, and Wampold Companies. The One Spoon Sponsors were Richard Creed Jr., Curtis and Tonya Day, the Louisiana Association of Criminal Defense Lawyers, MedFin Manager and Terry Tedesco.

Thanks to everyone who participated in the Belly Up with the Bar auction and especially to all auction donors, including the Beychock Law Firm, Charles and Marci Blaize, Daryl and Sons Custom Framing and Gallery, Drusilla Seafood, HUSH Spa, Jolie Pearl, Robert Savage, Kendra Scott and Tin Roof Brewing Co.

Kean miller (#KeanOnPrimeRib) won the People’s Choice Best Food award.

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members of the BRBa volunteer Committee served lunch at the Bishop Ott Homeless Shelter Friday, Oct. 23, 2015. Photographed are mac Womack, arlene Edwards, maryanna Haynes, Francisca m. m. Comeaux, anne Smith, Katherine Dampf, amy Berret, Christie Chapman, vivian Guillory, tyler Gray and Luis Leitzelar. Carole mcGehee organized the volunteer opportunity.

the LSu Law Center honored Ed Walters Jr. (third from right) with the Distinguished alumnus of the year award during a ceremony held Oct. 11, 2015. Walters, the current editor of Around the Bar, is a past president of the BRBa, and an adjunct professor at the LSu Law Center. Kimberly L. Robinson (on far left) was named a Distinguished achievement honoree. a BRBa member, Robinson is a partner at Jones Walker LLP and a frequent speaker on matters involving income, franchise, sales/use, severance, ad valorem property, and other tax issues. Other Distinguished achievement honorees include (photographed above, L to R) Jeffrey K. Coreil, Jennifer a. Jones, Edwin G. Preis Jr. and Dean a. Sutherland.

Photographed are Rachel Dunaway, ashleigh mazerac and Gail S. Stephenson. Dunaway and mazerac are BRBF Scholarship recipients and third-year law students attending the Southern university Law Center.

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three law students selected to receive Baton Rouge Bar Foundation scholarships

Rachel Dunaway and Ashleigh Mazerac, third-year students at Southern University Law Center, and Briana Leigh Drescher, a third-year student at the LSU Paul M. Hebert Law Center, have been selected to receive Baton Rouge Bar Foundation Scholarships.

This scholarship, which is jointly sponsored by the Baton Rouge Bar Association, Inc., and the Baton Rouge Bar Foundation, is awarded to an upper-class student on the basis of financial need, academic achievement, community service and exemplary character. Professor Gail S. Stephenson, past president of the Baton Rouge Bar Association, presented the scholarship checks to the SULC recipients Wednesday, Oct. 21, 2015, during the SULC Convocation.

Dunaway, who is from Pensacola, Fla., is the editor-in-chief of the Southern University Law Review. She is also secretary for the 2015-2016 Moot Court Board and chair of the Student Bar Association Bar Prep Committee with a focus on Common Law Bar Prep. She received

Briana Leigh Drescher, a third-year law student attending the LSu Paul m. Hebert Law Center, is one of three recipients of this year’s Baton Rouge Bar Foundation Scholarship.

bachelor’s degrees in psychology and legal studies from the University of West Florida. She interned for Judge James Brady in the U.S. District Court for the Middle District of Louisiana and for Chief Judge M. Casey Rodgers in the U.S. District Court for the Northern District of Florida.

Mazerac, who is from Hammond, is editor-in-chief of SULC’s Journal of Race, Gender, & Poverty. She received a bachelor’s degree in political science from LSU. She has worked as a legal intern at the Louisiana Attorney General’s Office, the U.S. Attorney’s Office, the Louisiana Fifth Circuit Court of Appeal, and the U.S. District Court for the Middle District of Louisiana.

Drescher, who is from Prairieville has served as development editor and a junior associate of the Louisiana Law Review, and she serves as vice president of administrative affairs of the Moot Court Board. Drescher received bachelor’s degrees in political science and sociology from Louisiana State University. She currently is a law clerk for Johnson, Rahman, Thomas, and is a research assistant to Raymond Diamond at the LSU Law Center.


foundation footnotesPRO BONO, tEEN COuRt & LaW CLuB REPORtS — SEPtEmBER 2015

The Pro Bono Project is financially assisted by the Interest on Lawyers’ Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation; Southeast Louisiana Legal Services; Family, District and City Court Filing Fees and the Baton Rouge Bar Foundation. Teen Court of Greater Baton Rouge is finded by the South Burbank Crime Prevention and Development District and the Baton Rouge Bar Foundation. The Youth Education Program is financially assisted by the Interest on Lawyers Trust Account (IOLTA) of the Louisiana Bar Foundation. The Future Legal Eagles Law Club is funded by a grant from the South Burbank Crime Prevention and Development District.

pro Bono projecT reporT—We’d like to thank the following:

ask-a-laWyer VolunTeers—Todd gaudin, On Point Legal, LLC; Willie stephens, The Stephens Law Firm; emily Ziober; paul matzen, Live Oak Legal Services, and luis leitzelar, Jones Walker.

ThirsT For jusTice VolunTeers—robert schmidt, Adams & Reese; james Zito; scott gaspard; allen posey; luis leitzelar, Jones Walker; patrick mccune, Adams & Reese; kathryn dufrene, Shows, Cali & Walsh LLP; caroline Bond, Shows, Cali & Walsh LLP; and rebecca smith, Adams & Reese.

selF help resource cenTer aTTorney VolunTeers—steven adams, Adams Law Office APLC; joseph Ballard, Entergy Services, Inc.; ryan Brown, Roedel, Parsons, et al.; ryan hart; Todd manuel, Entergy Services, Inc.; paula ouder; jennifer prescott, deGravelles, Palmintier, Holthaus & Fruge; rebecca smith, Adams & Reese; kimberly spruill; Willie stephens, The Stephens Law Firm; and jennipher Williams.

The FolloWing VolunTeers accepTed pro Bono cases in sepTemBer: rodney erdey, Rodney N. Erdey, ALC; anthony hebert; arlene edwards, Delate, Edwards & Marcantel; rena hester; melanie n. jones; susan raborn, Raborn Law, LLC; rodolfo aguilar, McGlinchey Stafford, PLLC; julie distefano; drew nordgren, The Nordgren Law Firm; and T. macdougall Womack, Taylor Porter.

Teen courT reporT—monica Vela-Vick served as judge for the September Teen Court hearing. raveen hills and Southern University Law Center students kalyn garner, pamela king and danielle Bickham served as jury monitors.

SULC Professor Wendy shea, kaleya harris and courtney richardson held Junior Partners Academy

presentations Sept. 22, 2015, at Southern University Laboratory School.

laW cluB—sirena Wilson spoke to the Future Legal Eagles Law Club at the Gardere Initiative Sept. 24, 2015.


CalendarDuty Court Schedule

*Unless otherwise noted, all meetings will be held at the Baton Rouge Bar office.

For classified or display ad rates, contact Pamela at (225) 214-5560

or email: [email protected]

December 2015

19thJDC Civil CourtNov. 30-Dec. 11 Judge CaldwellDec. 12-Dec. 18 Judge Fields

19th JDC Criminal Court***Nov. 27-Dec. 4 Judge MooreDec. 4-Dec. 11 Judge Higginbotham

Baton rouGe City Court*Nov. 30-Dec. 6 Judge PonderDec. 7-Dec. 13 Judge ProsserDec. 14-Dec. 20 Judge TempleDec. 21-Dec. 27 Judge Smith

family Court**Dec. 1 Judge BakerDec. 2 Judge Woodruff-WhiteDec. 3 Judge DayDec. 4 Judge Woodruff-WhiteDec. 7 Judge GreeneDec. 8 Judge BakerDec. 9 Judge Woodruff-WhiteDec. 10-11 Judge DayDec. 14 Judge GreeneDec. 15 Judge BakerDec. 16 Judge Woodruff-WhiteDec. 17 Judge DayDec. 18 Judge GreeneDec. 21 Judge GreeneDec. 22 Judge BakerDec. 23 Judge Woodruff-WhiteDec. 28 Judge GreeneDec. 29 Judge BakerDec. 30 Judge Woodruff-White

Juvenile CourtDec. 1-Dec. 31 Judge Haney

NOTE: Duty Court changes at 5 p.m. each Friday unless otherwise specified. *City Court’s Duty Court schedule changes each Monday at 8 a.m. **Family Court’s Duty Court schedule is completely different each day, rotating on Fridays ***19th JDC Criminal Court changes each Friday at noon.

Court holiDaysThursday, Dec. 24 Christmas EveFriday, Dec. 25 Christmas DayThursday, Dec. 31 New Year’s EveFriday, Jan. 1 New Year’s Day

Join the moCk trial Committee: The BRBF Mock Trial Committee plans the annual Region III High School Mock Trial Competition. Contact Lynn S. Haynes to become involved with the program and to join the committee: 225-214-5564 or [email protected].

m a r k y o u r C a l e n D a r ! CLE BY THE HoUR is organized by the BRBA each year and is a great way to catch up on your continuing legal education seminar needs. We have six days of CLE in December! Mark your calendar now for 2015 CLE BY THE HoUR program: Dec. 9, 10, 17, 18, 29 & 30, which will be held at the Renaissance Baton Rouge Hotel. Contact Ann K. Gregorie or Kelsie Bourgeois for more information: 225-344-4803.

teen Court of Greater Baton rouGe neeDs attorney volunteers: Contact Donna Buuck at 225-214-5556 or Lynn S. Haynes at 225-214-5564.

n e w C o m m i t t e e m e m B e r s n e e D e D f o r l a w e x p o : Are you interested in event planning and marketing, just for fun? The BRBA Law Expo Committee soon will be planning its 2016 event [9.22.16], and we are seeking a few new committee members. We typically meet in the morning, enjoy coffee, brainstorm about sponsorships, and make things happen. The Law Expo is a fundraiser for the Baton Rouge Bar Association. The 2016 event will take place Thursday, Sept. 22, at L’Auberge Casino & Hotel Baton Rouge. Contact Pamela Labbe at [email protected] or 225-214-5560.

Classifiedsongoing: Every Wednesday & Thursday, 3-5 p.m., Thirst for Justice takes place at St. Vincent de Paul.

[CloseD: Dec. 3, 16, 17, 23, 24, 30 & 31]

ongoing: Every Tuesday & Thursday, 10 a.m.-2 p.m., Self Help Resource Center,19th JDC.

[CloseD: Dec. 22, 24, 29, 31]

1 Executive Committee meeting, Kean Miller, Conference Room 7B 8 a.m.; YLS Council meeting, Little Village, 11:30a.m.-1 p.m.2 Volunteer Committee meeting, 12 p.m., location: TBA3 Ask-A-Lawyer, 9-11:30 a.m., Delmont Service Center, 3535 Riley St.; Federal Court Admission Ceremony, Russell B. Long Federal Building and United States Courthouse, 3 p.m.; Family Law Section Christmas Party, The River Room, 6-8 p.m.7 Teen Court Hearing, EBR Parish Juvenile Court, 8333 Veterans Memorial Blvd., 5:30-8:30 p.m.8 Holiday Star Project GIFT DELIVERY, starts at 9 a.m.9 CLE by the Hour, Renaissance BR Hotel, registration begins at 7:30 a.m.; Pro Bono Committee meeting, 12-1 p.m.; Board of Directors meeting, location: TBA, 6-8 p.m.10 CLE by the Hour, Renaissance BR Hotel, registration begins at 7:30 a.m.; YLS Thirsty Thursday, Lucy’s Retired Surfers Bar & Restaurant, 151 3rd St., 5-7 p.m.17 CLE by the Hour, Renaissance BR Hotel, registration begins at 7:30 a.m.; Future Legal Eagles Law Club, Gardere Initiative, 5-6:30 p.m.18 CLE by the Hour, Renaissance BR Hotel, registration begins at 7:30 a.m.; Youth Education Committee meeting, 12-1 p.m.24/25 BRBA Office Closed—Christmas29 CLE by the Hour, Renaissance BR Hotel, registration begins at 7:30 a.m.30 CLE by the Hour, Renaissance BR Hotel, registration begins at 7:30 a.m.31 BRBA Office Closed—New Year’s Eve

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Baton Rouge Bar AssociationP.O. Box 2241Baton Rouge, LA 70821

Return Service Requested

PRSRT STDU.S. POSTAGE PAIDBATON ROUGE, LA

PERMIT NO. 746

it’s not too early to book your hotel room for our annual conference in july . . .

so, whatcha waiting for, christmas?

BrBa Bench Bar conference

july 21-23, 2016Grand Hotel Marriott Resort • Point Clear, Ala.

To reserve your hotel room, call marriott central reservations at 1-800-544-9933.

When you call, please reference the group name (BAtOn rOUGe BAr AssOCiAtiOn BenCh BAr COnFerenCe 2016) Or one of the following three codes:

DELUxE RESORT VIEW ROOM: $229 per night — BBABBAADELUxE BAYSIDE ROOM: $259 per night — BBABBABSPA RESORT VIEW ROOM: $259 per night — BBABBAC

conTacT ann k. gregorie WiTh any quesTions:

225-214-5563 or [email protected].

passions - brba.org · r. lynn s. haynes, asst. teen court coordinator 214-5564 robin kay, pro bono...

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