As I’ve previously discussed, in Louisiana a law firm cannot avoid imputation of a conflict of interest by screening out the disqualified lawyer. [1]  Unlike in most states, in Louisiana a single, disqualified lawyer in a firm disqualifies the entire firm.  A 500-person firm would have to turn away a client because a single lawyer in that firm is disqualified due to a conflict of interest.  This is different from many other jurisdictions and deviates from the ABA Model Rule.  Current LA. RPC 1.10 leaves out crucial provisions contained in the ABA’s Model Rule that prevent this problem. 

Reasons to Reform La. RPC 1.10

A summary of considerations in support of amending this rule to screen out disqualified lawyers in a firm include the following five points:

1. First, as long as the screening is conducted per the Model Rule, there wouldn’t be any harm to the clients.  Their interests would remain protected. 

2. Second, it would resolve a conflict between the current Louisiana rule and Petrovich v. Petrovich, 556 So. 2d 281, 282 (La. Ct. App. 4th Cir. 1990), writs denied 559 So. 2d 1377 (La. 1990)  (an opinion which suggested that a “cone of silence” around a disqualified lawyer could resolve a conflict).

3. Third, it would actually benefit clients.  Amending the Rule would give clients more choice in competent counsel. 

4. Fourth, it would be a huge help to attorneys and firms.  Right now, even a 100-person firm has to turn business away because of a single disqualified lawyer.  It could also make it harder for the disqualified lawyer to move firms. This is disproportionately harsh. 

5. Finally, as a practical matter, a lot of Louisiana attorneys and firms are under the impression that they can screen lawyers.  I’ve actually had attorneys flat-out deny that the current Louisiana rule actually is the Louisiana rule, insisting that screening is totally viable in Louisiana.  Although anecdotal, this suggests that many Louisiana attorneys already think the LA RPC tracks the ABA Model Rule.  This may be particularly prevalent for multijurisdictional firms. Louisiana has a chance not only to modernize its Rule, but also to get ahead of the curve by adopting the ABA Committee’s proposal regarding lateral-hire screening.  

Status of Proposal for Reforming La. RPC 1.10

As I discussed in my last article on this topic, I submitted a proposal to the Louisiana State Bar Association Young Lawyers Division Council, and the LSBA YLD recently discussed this proposal. The LSBA YLD discussed changes related to this rule.  This proposal was then sent to the Rules of Professional Conduct Committee. 

Updates:

• Last year, the Rules of Professional Conduct Committee appointed a Subcommittee to consider changes to this rule.

• On August 25, 2021, the Subcommittee met and began its evaluation and review of the proposed changes.

• The Subcommittee then made recommendations to the Rules of Professional Conduct Committee. 

• On May 19, 2022, ethe Rules of Professional Conduct Committe reviewed the Subcommittees’ recommendations.

• The full committee review is ongoing.  It hopes to complete review by December 2022. 

Share Your Opinion!

You can find a full list of all committee members on The Louisiana State Bar Association’s website.  If you have opinions on this important Rule of Professional Conduct—whether you support or oppose amendment—please consider reaching out to committee members to provide your insights so that they can consider them.  I’m also collecting stories about the real-world impacts of the current rule, and I can be reached via email at cdereus@baerlawllc.com. 

[1] Louisiana Advocates, June 2021 Vol. XXXVI, No. 6.