June 2015 - Lafayette Bar Association

The Promulgator
The Official Newsletter of the Lafayette Bar Association
June 2015 | Volume 36 | Issue 3
the members’ issue
What the bar can do for you
DISABILITY LAW IS ALL WE DO.
Social Security Disability - Veterans Benefits
Social Security Disability Insurance
Supplemental Security Income
Federal Court Appeals
';'8!29'2');9
NO FEE OR COSTS UNLESS YOU WIN
Matthew Lane
556 Jefferson Street, Box 11 / Lafayette, LA 70501 / (337) 289-5352 / (800) 451-0300
www.zieglerlane.com
Page 2
The Promulgator
is published six times per year by the
Lafayette Bar Association. The opinions
expressed herein do not necessarily reflect
the views of the Editorial Committee of
the Lafayette Bar Association
2607 Johnston Street, Lafayette, LA 70503
PO Box 2194, Lafayette, LA 70502
337-237-4700
www.lafayettebar.org
The mission of the Lafayette Bar
Association is to serve the profession,
its members and the community by
promoting justice, professional excellence,
respect for the rule of law and fellowship
among attorneys and the court.
Officers
Kyle L. Gideon, President
Danielle Cromwell, President-Elect
Melissa Theriot, Secretary/Treasurer
Tricia Pierre, Immediate Past President
Board of Directors
Ariel Campos
Jeffrey Coreil
Shannon Dartez
Margo Dugas
Glenn Edwards
Paul Gibson
Helen Harris
Trey Hightower
Steve Lanza
Miles Matt
Lindsay Meador
John Mouton
Donnie O’Pry
Patsy Randall
Maggie Simar
Cynthia Simon
Bill Stagg
Editorial Committee
Jill Wade, Editor
Stuart Breaux
Rob Felder
Bianca Chretien
Valerie Garrett
Margo Dugas
Cliff LaCour
Staff
Josette Gossen Abshire, Executive Director
Claire Prejean, Pro Bono Coordinator
Cyd Anderson, Community Outreach
Alison Gordon, Member Services
Inside
June 2015
On the cover
For this month’s issue of The Promulgator, the Editorial
Committee wanted to featureat the perks of membership in
the Lafayette Bar Association. Whether it be community
outreach, social, or business, the Bar has something to
offer everyone, and inside you’ll find out exactly what
those things are.
Photograph is the front of the Lafayette Bar Association.
President’s Message........................................................................................4-5
LYLA Crawfish Boil.......................................................................................6-7
LYLA.............................................................................................................8-9
Louis A. Martinet Society Installation............................................................... 9
What the Bar Can Do For You...................................................................10-13
Running in Heels CLE................................................................................... 14
Family Law Section......................................................................................... 15
Legal Lagniappe.........................................................................................16-17
Last Appointment......................................................................................18-19
The New Louisiana Business Corporation Act
Remedies and Valuation Standard..............................................................20-22
The Grapevine...........................................................................................24-25
Upcoming Events
LVL Bowling Tournament at Lafayette Lanes on 7 August at 6:00 PM, $125 per
lane for a team of 4. This year’s theme is “I Y the 80’s”!
Lafayette Young Lawyers Installation Banquet 28 August honoring Dwazendra
Smith of Davidson, Meaux, Sonnier, McElligott, Fontenot, Gideon & Edwards
Hall of Fame Banquet on September 10th, 2015. Nominations will be accepted
through 12 June
Bench Bar Conference returns to the New Orleans Ritz-Carlton 1-3 October
Visit www.lafayettebar.org for more information
Page 3
President’s
Message
Ethics &
Professionalism
Kyle L. Gideon
L
ast
week,
when
I
received
Paul
Gibson’s
e-mail
announcing
the
opening
of
nominations for the
2015 LBA Hall of
Fame class, I took a
moment to examine
the credentials that
are the standard to be
considered worthy of
the award. What really grabbed my
attention was the requirement that the
nominee shall have:
A professional career marked by the
highest standards of ethics, professionalism,
civility and collegiality....
Each and every recipient of the 2014
LBA Hall of Fame award embodied
that quality. I am confident that all
of the nominees for the 2015 Hall of
Fame class shall meet that standard.
What gave me pause was the
fact that such a criterion even needs
mention in the guidelines. (Guidelines
that I helped to draft, by the way.)
Maintaining ethical and moral
standards should be a given for each
of us who practice law. Every one of
us, as members of the Bar, should
comport ourselves in every encounter,
every transaction, every conversation,
and every court appearance, with the
highest level of ethics, professionalism,
civility, and collegiality. It should be the
standard by which we live.
But why must one be both ethical
and professional? What is the difference?
When mandatory
CLE was initiated
in the stone age that
was the 1980’s, one
was only required
to have one hour of
Ethics CLE per year.
In the early 1990’s,
the
Professionalism
hour requirement was
added.
For many years, I
have been faithfully
fulfilling my obligation to secure the
mandatory one hour of Ethics CLE
and one hour of Professionalism CLE,
and though I wondered about what
the difference was between Ethics and
Professionalism, I never bothered to
investigate.
At a recent seminar presented by
Steve Lanza and Elwood Stevens, I
was enlightened about the difference
between the two words.
Professionalism
concerns
the
knowledge and skill of the law faithfully
employed in the service of the client
and public good, and entails what is
more broadly expected of attorneys.
Professionalism establishes guidelines
for the duties of attorneys to the judicial
system, courts, the public, clients, and
other attorneys; attorney competency;
and pro-bono obligations.
Legal ethics set forth the minimum
standards of appropriate conduct
within the legal profession. Legal ethics
encompass the principles of conduct
that members of the legal profession are
expected to observe in their practice.
Page 4
Legal ethics are that which is
required of us, professionalism is what
is expected. As the Louisiana State Bar
Association succinctly states “Generally,
ethics rules tell us what we cannot do
and professionalism deals with what we
should do.”
Ethics and Professionalism are the
cornerstone of what we are about as
lawyers. Think of Ethics, the Code of
Professional Responsibility, as the floor
beyond which our behavior should not
fall. Professionalism, as embodied in
the Code of Professionalism, is on the
other hand, the ceiling or the higher
standard to which all lawyers should
aspire.
Thinking about it in those terms,
brings the nomination guideline
into focus. The recipient of the Hall
of Fame award must have had the
HIGHEST standards of ethics and
professionalism. That is what makes
the LBA Hall of Fame honorees special,
they are the lawyers whose behavior
bring ethics and professionalism to
another plane. They are those attorneys
whose manners, demeanor, bearing and
deportment embody the characteristics
of responsibility, honesty, respect,
integrity and fairness, that epitomize
professionalism.
Each of us should take a moment
every day to reflect upon the life
and practice of a senior lawyer
whom we admire. Think about what
characteristics make that lawyer great
and commit yourself to emulating
those special qualities. Nominate that
lawyer for consideration to the Hall of
2015
Lafayette
Bar
Association
Hall of fame
Fame. Dedicate yourself to be like that
lawyer and to a practice and career that
is marked by the highest standards of
ethics and professionalism, civility and
collegiality.
The
professional
lives,
and
specifically the ethical and professional
values, of those we deem worthy to be
honored as LBA Hall of Famers, should
be that to which we all aspire.
Nominations
will be accepted
through June 12.
Send via email to
[email protected]
or
via postal mail to
LBA
2607 Johnston St.
Lafayette, LA
70503
On a personal note:
On Saturday, April 26, 2015, the Lafayette
legal community lost one of its stalwart
supporters, Julia Domengeaux. The
matriarch of the Domengeaux family,
she was one of the kindest, most caring,
compassionate, religious and patriotic
women I have had the pleasure of knowing.
She was the wife of the late Judge Jerome E.
Domengeaux, the mother of attorney James
A. “Jimmy” Domengeaux, the mother-inlaw of the late attorney Anthony D. “Tony”
Moroux, Sr., the grandmother of attorneys
Jerome Domengeaux, Julia Autin Adams,
James Bayard, and William Bayard, and
grandmother-in-law of attorney William
Kaufman. Bagpipes are playing in Heaven.
Please note - this
year nominations
are accepted both
for those attorneys
who have reached
the age of 70 as
well as all deceased
attorneys regardless
of their age when
they passed away.
THOMAS E. GUILBEAU
AV Rated CRIMINAL DEFENSE ATTORNEY
“My experience is your client’s
best protection.”
NOW ACCEPTING REFERRALS in
ALL FELONIES, SEXUAL ASSAULT
& HOMICIDE CASES
Sexual Battery
Rape
Indecent Behavior with Juvenile
Molestation of a Juvenile
Pornography Involving Juveniles
All Homicide Cases
Visit our web page at www.thomasguilbeaulaw.com
See “Sex Cases Record”
Call us at 232-7240 or Send an Email to [email protected]
106 W. Congress Street | Lafayette, Louisiana 70502
Page 5
LYLA 25th Anniversary
Crawfish Boil
Celebrating The Lafayette young Lawyers
M
embers
of
walk down memory lane with
the Lafayette
a slide show of numerous past
Y o u n g
LYLA events from the last 25
Lawyers
Association
years.
celebrated
the
25th
Sponsors for the event
Anniversary
of
the
included The Settlement
founding
of
their
Alliance, Barczyk Chiropractic
organization on Thursday
Group, and Briney Foret
April 30th with a Crawfish
Corry.
Boil.
Special thanks to Trey
The event was held
Hightower, Jaclyn Bacon,
at the Century Club in
and William Kaufman for
Past and Present LYLA Presidents gather together for a group photo
downtown Lafayette and
planning
such a successful and
L-R: Robert Torian, Cliff LaCour, Steve Lanza, Danielle Cromwell,
featured hot boiled crawfish, Jennifer Kleinpeter, Steve Ramos, Trey Hightower, Missy Theriot and enjoyable event, and Dona
Shannon Dartez
lots of ice cold beer, and
Renegar for graciously offering
live music. Many current Lafayette and present, including two of the four her past LYLA photos and memorabilia
Bar Association and Lafayette Young original founding members, Jennifer for the slide-show.
Lawyers Association members past Kleinpeter and Steve Lanza, enjoyed a
Dona Renegar, Tracy Neuner, and Frank Neuner
Quinn Salmon, Tad Hightower, and Stuart Breaux
Event
Sponsors
Page 6
Blake David, Derek Aswell, Donnie O’Pry and Stephanie O’Pry
Jennifer Kleinpeter, Jolynn Cole, Dean Cole, and Carolyn Cole
Missy Theriot and Lisa Hanchey
Adam Credeur, Joseph Saloom, Trey Hightower,
Jaclyn Bacon, and Jason Weaver
Cliff LaCour, Josette Gossen Abshire, and Andy Dye
Want to get more involved with Lafayette Young Lawyers Association? Board and committee selections are happening
soon. Send an email to [email protected] or call the LBA office at 237-4700 for more information.
Page 7
Lafayette
Young Lawyers Association
Trey Hightower
I
n April, we
celebrated
the
25th
Anniversary of the
Lafayette
Young
Lawyers Association
with
a
crawfish
boil. The event was
a huge success and
a testament to the
many years of service
LYLA has provided.
More on that below,
but first I would like to extend a
special thank you to our sponsors
for the event, The Settlement
Alliance, Barczyk Chiropractic,
and Briney, Foret, & Corry, as
well as our host, The Century Club
and crawfish caterer, Cajun Claws
Seafood Boilers. We certainly
could not have enjoyed such a
great time without their support.
Also, special recognition to our
social committee members, Jaclyn
Bacon and William Kaufman, for
organizing the event, along with the
Bar staff for their assistance.
Twenty-five years ago, four
individuals, Steve Lanza, Kirk
Piccione,
Jennifer
McDaniel
Kleinpeter, and Suzanne Jones
met at Don’s Downtown and
created the Lafayette Young Lawyers
Association. The association was
established primarily to promote
fellowship,
education,
and
community service opportunities
among younger attorneys. Since
that time, the Young Lawyers
Association has more
than excelled serving
as a vital fundraising
and service wing
of the Bar. Many
programs developed
in the early days of
the association still
successfully continue
today. Particularly,
the
Law
Week
Program and Mock
Trial Program, as
well as the recently reinstituted
Mentor Program.
Over the years, the Association
has developed or assisted in
implementing several new programs,
including a CLE program designed
to provide affordable continuing
legal education on issues specific to
the needs and experience of younger
lawyers; a golf tournament, clay
shoot, and holiday giving programall of which raise thousands of
dollars annually for donations or
to assist in funding service to our
local community; a state sponsored
Wills for Heroes Program, which
this year served over 30 Lafayette
Police Department officers and
their spouses; and the Counsel on
Call Program which provides free
legal services to indigent members
of our community on a weekly basis,
to name just a few.
The success of the Young
Lawyers Association has been
recognized on numerous occasions.
The association has won Service-
Page 8
to-the-Bar and Service-to-thePublic awards from the Louisiana
State Bar Association, numerous
grants, as well as several individual
awards over the years. In fact, since
this association was founded, onethird of the Louisiana State Bar’s
Outstanding Young Lawyer Award
recipients have been from Lafayette,
including the recently announced
2015 recipient, Cliff LaCour. We’ve
also had several State Pro-Bono
Award recipients who are active
members in the association, and a
recipient of the prestigious Sandra
Day O’Connor Award.
Finally, the Young Lawyers
Association has served as breeding
grounds for our local bar’s leadership.
Several current bar board members,
are former LYLA board members,
including our current president,
Kyle Gideon, and president-elect,
Danielle Cromwell. On behalf
of this year’s LYLA Board, I want
to thank all of you who have gone
before us and paved the way. We are
certainly honored to have followed
in your footsteps and hope to
continue the tradition of excellence
going forward.
Also, please be on the lookout
for information concerning our
summer law clerk social, which we
hope to have scheduled in July.
Lafayette young lawyers association CLE
Judge Doug Saloom and Chaz Roberts
Robert Felder and Bethlynn Mayers
Derek Aswell, Jason Matt ,and G.W.. Rudick
Professor Ciolino during his presentation
Louis A. Martinet
Legal Society
T
Louis A. Martinet Society Immediate Past President Karen King, LBA
Executive Director Josette Gossen Abshire and newly installed President
Patsy Randall
2015-2016 Officers of the Greater Lafayette Chapter of the Louis A.
Martinet Society are sworn in by the Honorable Edward Rubin,
Installation of officers
he Greater Lafayette Chapter of Louis A.
Martinet Legal Society held their Installation
Banquet at the LBA headquarters on Thursday,
May 14th, at the Lafayette Bar Association board room.
The LAMLS was birthed from the civil rights movement,
in which Louis A. Martinet played an essential role in
the State of Louisiana where he was the first African
American graduate of Straight University of Law. The
society focuses on legal scholarship and promoting
the administration of justice in the Acadiana area.
The event opened with a prayer by Harold Register,
III and included recognition of outgoing officers as well as
remarks from guest speaker Gerald Boudreaux.
The 2015-2016 Officers are Patsy Randall, President;
Francesca Hamilton-Acker, President-Elect; Corrie Gallien,
Secretary; Shytishia Flugence, Treasurer; Karnina Dargin,
Financial Secretary; Harold D. Register, III, Chaplain; and
Edward D. Rubin, Jr., Historian and Parliamentarian.
Page 9
What the bar
can do for you
the benefits of being a member of the lba
The Value in Volunteering
(“ALSC”), which performs intake
ule 6.1 of the American Bar interviews with prospective LVL clients
Association’s Model Rules of and gathers information to determine
Professional Conduct states their eligibility – typically 125% of
that “[e]very lawyer has a professional the national poverty
responsibility to provide legal service to level. Thereafter, ALSC
those unable to pay,” and, consequently, refers the cases to LVL,
“[a] lawyer should aspire to render at which then assigns
least fifty (50) hours of pro bono publico them to volunteer
legal services per year.” Accordingly, lawyers for handling.
one cannot answer the question, “What Each year, LVL places
does the Lafayette Bar Association do approximately
200
for me?” without discussing the ways cases with private
in which it empowers its members to attorneys, each of
give back to the community at large, whom provides valuable
especially to the less fortunate. Members legal assistance to those
of the Lafayette Bar Association who would likely be
(“LBA”) can be proud that their bar unable to otherwise
association offers an array of volunteer obtain representation. Importantly,
opportunities, including the Lafayette ALSC’s professional liability insurance
Volunteer Lawyers (“LVL”) program, follows LVL cases and covers all private
the Homeless Experience Legal attorneys in their representation of LVL
Protection (“H.E.L.P.”) program, the clients.
Protective Order Panel and Counsel
Another critical LBA pro bono
on Call. Through
offering
is
the
“What does the Lafayette Protective
these
programs,
Order
LBA
members Bar Association do for you?
Panel. Attorneys who
volunteer countless Perhaps most importantly, the volunteer for this
hours assisting their LBA makes it easy for you to program
represent
do for others. “
community
and
victims of domestic
helping
the
less
violence in obtaining
fortunate.
Title 46 Protective Orders against
The Lafayette Volunteer Lawyers their abusers. An LBA staff member
(“LVL”) program is probably the best accompanies all volunteer attorneys to
known of the LBA’s pro bono offerings. court, where the attorney advocates
The Lafayette Bar Foundation before a hearing officer or judge on
created LVL to provide free civil legal behalf of an abuse victim. The LBA
representation to needy members of the periodically hosts workshops for
community. LVL cases originate with attorneys who wish to volunteer for
the Acadiana Legal Service Corporation the Protective Order Panel, but are
R
Page 10
not familiar with the procedures for
obtaining a protective order.
The H.E.L.P. program owes its
genesis to hurricanes Katrina and Rita,
which displaced
countless
Gulf
Coast residents,
leaving
them
without
the
most basic of
life’s necessities.
Since
that
time, volunteer
attorneys
and
LBA
staff
members spend
every Wednesday
from 10 AM to
11 AM at the Progressive Community
Outreach Center and every Friday
from 8:30AM to 10:30 AM at the
Monsignor Sigur Service Center and
the Progressive Community Outreach
Center assisting homeless individuals
in obtaining certified copies of birth
certificates as substantiating documents
to prove their identity and to assist in
replacing a lost or stolen ID. Although
seemingly basic, this program has a
huge impact on the lives of those it
helps. Many shelters require proper
identification before they will allow one
to stay the night, and obtaining a job
is nearly impossible without a valid ID.
The LBA’s newest pro bono offering
is the Counsel on Call program. Every
Friday from 9:00 A.M. to 10:00 A.M.,
volunteer attorneys gather in the LBA
Law Library to field legal questions
from members of the public. Attorneys
meet with participants for sessions of The spacious center—which houses
fifteen minutes, and may help as many a large conference room, a small
as four participants during the hour. conference room, and smaller breakout
Generally, questions involve such topics rooms—is also an excellent venue
as divorce, custody , or child support, for mediations, depositions, or other
but no area of the law
events and is available
“The Lawyer
is off limits.
at a discounted fee for
Referral Service is an
As an organization,
members.
the LBA is actively invaluable resource for
Every day the Bar
the community and
involved in facilitating
Association fields calls
attorneys”
the
provision
of
from people in the local
legal
services
to
community looking for
the community at
an attorney. Members
large and especially to those in need. of the Lafayette Bar Association may
Through its pro bono programs, the chose to be included in the LBA’s Lawyer
LBA offers its members numerous Referral Service (LRS), which matches
opportunities to volunteer, and thereby clients with attorneys that would best
fulfill their professional responsibility suit their needs. “The Lawyer Referral
to give back. What does the Lafayette Service is an invaluable resource for
Bar Association do for you? Perhaps the community and attorneys. The
most importantly, the LBA makes it LRS directly serves to place those
easy for you to do for others.
in need with the right attorney best
suited for the case.”
Benefits of Bar Membership says Josette Gossen
embership
in
the Abshire, Executive
Lafayette Bar Association Director of the LBA.
is definitely not without
There
are
its perks. In addition to serving the different
sections
community at large, the LBA’s primary of the Lafayette Bar
function is to serve its 900-plus Association to meet
membership. The LBA affords its the various needs of
members a number of benefits that far its members, such as
outweigh the yearly membership dues. the Young Lawyers
Chief among the perks of the Section, the Family
Lafayette Bar Association is its building, Law Section, and the Real Estate
which was finished in 2008, and serves as Law Section. The Young Lawyers
the center of most the Bar Association’s Section sponsors several opportunities
activities. The center features a law for socializing that help its members
library with a dedicated workstation for become a part of our legal community
members and full access to WestLaw. and they focus on projects that help
M
Page 11
our community in general. The Family
Law Section and the Real Estate Law
Sections meet regularly to network and
keep up-to- date on issues in their areas
of law.
The LBA sponsors a number of
continuing legal education seminars
that are available to its members at a
discounted fee. Many of these CLEs are
specialized events. One of those CLEs is
the annual Running in Heels seminar
for women in the law. The seminar
recently celebrated its 7th year and
typically features panels and topics that
are geared specifically toward its female
membership. Running in Heels also
provides the women in the Lafayette
legal community a chance to network
and mentor with each other.
Additionally, the LBA sponsors CLE
by the Hour at the end of each year.
CLE by the Hour gives LBA members
who have not been
able to make it to
other CLE seminars
throughout
the
year the last chance
to meet their state
license requirements,
without having to
leave town or pay
for more hours than
they need. The socalled “last chance”
CLEs cover a variety of topics and a
diverse panel of speakers, including
local judges and local practitioners.
Further, one of the greatest benefits
of membership in the Lafayette Bar
Association are the ample opportunities
Continued
to socialize and network with
colleagues outside of a formal legal
setting. Throughout the year, the LBA
sponsors a number of social gatherings
for its members and, in some instances,
for their family members. The annual
Bench Bar Conference, held out of
town, combines
the opportunity to
socialize with some
great CLE hours.
In the spring, the
bar hosts its annual
crawfish boil for
its members and
their families. The
LBA also sponsors
several
“Last
Appointment”
socials throughout
the year to give its
members an opportunity to socialize
after their busy workdays.
At the beginning of the year, there
is the celebration of the Red Mass and
the Court Opening. At the end of the
year, the LBA celebrates the installation
of its new president and the holiday s
season with an end-of-the-year social.
There is also an occasional Attorneys,
Bankers & CPAs Social hosted by
the LBA in conjunction with the local
professional associations for bankers
and accountants. And the new Hall
of Fame event is a promising addition
to the LBA’s social calendar, allowing
generations of Lafayette lawyers to get
to know each other and recognize the
achievements of our most accomplished
members.
There are numerous opportunities to
socialize for a good cause. The annual
Golf Tournament, Clay Shoot, and
Bowling Tournament are lots of fun
and all benefit the Lafayette Volunteer
Bench Bar was started 15 years ago as
the brainchild of Thomas Hightower,
Jr., founding partner of Hightower
Law Firm. The first few years it was held
in St. Francisville and then in Natchez,
Mississippi for another couple of years
after that. Attendees of those early
conferences are not likely to forget the
chicken runs in St. Francisville, karaoke
with the judges, or the local characters
at Dimples Lounge in Natchez. In
2005, the conference was scheduled to
be held on the Gulf Coast, but because
of the devastation of Hurricane Katrina,
it had to be held here in Lafayette
instead. Since that time, it has been
held in New Orleans, where attendees
enjoy luxury accommodations, some of
the best food the city has to offer, and,
of course, all of the fun that is part of a
New Orleans getaway.
Gary McGoffin, a partner at Durio,
McGoffin, Stagg, and Ackerman, who
has attended the conference almost
every year since it began explains why
he keeps coming back: “I want to stay
Bench Bar Benefits
in touch with our legal community.
ne of the best benefits the Last year marked the resumption of the
Lafayette Bar Association courthouse discussion which is long
has to offer is the overdue. It’s also important to know
annual Bench Bar Conference. This each other, both bench and bar, as more
conference is an opportunity to get than adversaries. And, my lovely bride
away with other local attorneys and always looks forward to it.”
judges for a couple of days
This
year,
of socializing and quality
'There is really no better Bench Bar will
continuing legal education.
again be held in
event
than
Bench
Bar
to
Getting to know your fellow
New Orleans
attorneys and the members get away and have great
at the Ritztime
with
other
attorneys
of the bench in this relaxed
Carlton hotel,
and judges.'
context helps promote
on
October
civility, professionalism, and
1-3, 2015. You
a sense of camaraderie in
will be receiving
our legal community. It is an excellent more details and registration materials
opportunity for networking and for in the next month or two.
getting to know our local judges better.
Bench Bar usually starts on a
Lawyers program.
The Lafayette Bar Association also
quickly responds to the needs of its
members. During this past election
cycle, the LBA hosted a political forum
featuring the judicial and district
attorney candidates that was open only
to its members. The
LBA also featured
the
candidates’
answers to various
questions in an
election issue of
The Promulgator.
In the future,
the LBA hopes to
provide additional
benefits
such
as discounts on
certain
services
from
thirdparty providers like hotels, disability
insurance and limited membership
reciprocity with other local bar
associations in the state.
O
Page 12
Thursday evening with a dinner or
cocktail reception, followed by a day of
CLE courses on Friday (and activities
for attending spouses) and a dinner
on Friday night. There is always an
opportunity to sit down with the judges
at lunch or breakfast for a round-table
discussion.
At Bench Bar, you aren’t just at the
same conference as the judges—there
are opportunities to socialize one on
one with them and with other attorneys
who you may not usually meet in your
practice area. Missy Theriot, a partner
at NeunerPate, points out that last year
the ratio of lawyers to judges was 2:1,
and a large percentage of the attorneys
who attend are the decision-makers in
their firm. Because of this, Missy says,
“Young lawyers who do not attend this
conference are really missing out. Plus,
it’s a lot of fun!”
One of the Young Lawyers at last
year’s Bench Bar was Derek Aswell of
Broussard & David. Aswell believes,
“Bench Bar provided a wonderful
opportunity to interact with judges on
both a professional and personal level.
I now appreciate how approachable
and helpful they can be, which helps
to make me a better lawyer. I highly
recommend all young lawyers to attend
and get some meaningful facetime with
the judges. It really is
a great time!”
Donnie O’Pry
of the O’Pry Law
Firm, who first
began
attending
the conference as a
young lawyer just
starting his practice
says, “I have been
going to Bench
Bar
every
year
since becoming an
attorney
because
there is no better opportunity to interact
with other attorneys and judges in a
really laid back social setting. Stephanie
and I love going to Bench Bar each year
because the Bar Association has always
made the trip a first class endeavor with
great venues. There is really no better
event than Bench Bar to get away and
have great time with other attorneys
and judges.”
Judge Marilyn Castle of the 15th
Page 13
Judicial District has participated in
Bench Bar as a speaker and as an
attendee several times over the years,
and she says, “I enjoy the Bench Bar
Conference because
it is such a nice
opportunity
for
attorneys and judges
and their spouses
to get away from
the usual hectic
schedules and just
enjoy each other’s
company.
Since
we are away from
the usual routine
in a different city,
people seem more
relaxed, and I enjoy the opportunity to
visit with attorneys/spouses I might not
see on a regular basis. I also enjoy the
CLE sessions that allow for discussions
between the attorneys and judges. I think
we all learn from those experiences.”
So be on the lookout for this year’s
registration
packet.
You
don’t
want to miss out on all the fun!
7th Annual
Running in Heels
Making the most of the marathon
T
he Lafayette Bar Association
hosted its Annual Running
in Heels CLE for the female
attorneys in the Acadiana area for the
7th year in a row. The CLE was hosted
at the LBA Headquarters on May 8th,
and while the attorneys learned a lot
from this year’s speakers, they also had
a little bit of fun! As always, the ladies
were treated to mimosas and breakfast,
lunch catered by Cafe’ Vermillionville,
and valuable lessons provided by
attorneys, judges, and even sociologists
from all across Louisiana.
Speakers included Hon. Nannette
Jolivette Brown, United States
District Court, Eastern District of
Louisiana; Hon. Lori A. Landry,
16th Judicial District Court; Mildred
E. “Mimi” Methvin, U.S. Magistrate
Judge (Ret.); Satori ADR; Jeanne
Comeaux, President-elect of the Baton
Rouge Bar Association; Breazeale,
Sachse & Wilson, LLP; Christine
Lipsey, McGlinchey Stafford, PLLC;
Stephanie A. Finley, United States
Attorney, Western District of Louisiana;
Katherine Loos, Attorney at Law; Nora
Stelly, United States District Court,
Western District of Louisiana; Rachel
Godley, Attorney at Law; Elizabeth
Dorsey, LUTCF, CLU, Northwestern
Mutual and George Wooddell, Ph.D.,
University of Louisiana at Lafayette.
Aside from the informative and
often highly entertaining continuing
education courses, attendees have the
ability to socialize and the opportunity
to participate in different door prize
drawings.
Thanks to these businesses for
donating door prizes:
Brick & Spoon, Caroline &
Company, Koi, La Fonda, Riverbend
Jewelry, ShoeLaLa, Tsunami and The
Royal Standard
While acknowledging our gracious
sponsors, we must applaud ShoeFits
Lafayette for once again providing
breakfast for the attendees, and Sue
Nations for providing light shopping
with her lovely jewelry line. Special
thanks to members of the amazing
planning
committee:
Danielle
Running in Heels Committee chair Cynthia
Simon and US Attorney Stephanie Finley
Panelists Hon. Lori A. Landry, Hon. Nannette
Jolivette Brown, and Mildred E. “Mimi”
Methvin
Page 14
Event
Sponsor
Running in Heels Committee chair Cynthia
Simon and, speakers Christine Lipsey and
Jeanne Comeaux
Cromwell, Valerie Garrett, Monique
Kolder, Lindsay Meador, Missy
Theriot, and committee chair Cynthia
Simon.
Sylvia Lowe, Sue Nations, and Jill Wade
Family
Law Section
Helen Popich Harris
J
ust about six months ago I
was honored to commence my
term as President of the Paula
K. Woodruff Family Law Section. It has
been an amazing first half of the year.
Our monthly CLE programs have
been informative and extremely well
attended. In January Mr. Gordon
Rabalais of SEDA spoke on the topic
“ABCs of Substance Abuse Testing in
Custody Matters.” In February Anna
Theriot, a Certified Computer Forensic
Examiner presented “Collection,
Handling and Examination of
Digital
Evidence—What
Every
Lawyer Should Know.” March
brought Josh Guillory’s exceptional
presentation “Grandparents’ Rights
and the Constitutional
Protections Afforded
Parents” April brought
“Ethics in Family Law
Matters”
presented
by
Leslie
Schiff
and
Julie Brown
White, and Judge
Blanchet
delivered
the May presentation
“Professionalism
in
Family Court.”
Our One Billable
Hour Campaign on
behalf of The Family Tree is in full
swing. Thank you to all those who have
donated and thank you in advance to
all those who will donate.
It has not been
all work and no play.
On May 16, 2015
we held our annual
crawfish boil which
was attended by nearly
50 people including
Judges
Castle,
Edwards,
Blanchet
and Fitzgerald.
The remainder of
the year promises to
be busy, productive
and fun. I thank you
all for your support, comments, and
suggestions and look forward to the
remainder of 2015.
Family Law Section Annual Crawfish Boil
Diane Sorola and Bob Cole
Janice Beyt and Elizabeth Dougal
Stacy Knight, Paula Woodson, and Susan Theall
Emmanuel Igbokwe and Dwazendra Smith
Thank you to Dr. Thomas and Paula Bertuccini
for hosting the event.
Diane Sorola, Paula Woodson, Kathy & Ric
Mere and Hon. David Blanchet
Page 15
Legal
Lagniappe
MEMBER NEWS, EVENTS & AWARDS
(L-R) Frank Neuner,
Tommy
Hightower,
Bryan Scofield, Marc
Moroux, Kyle Gideon,
Glenn Edwards and David
Calogero were among
the many LBA members
having a great time at the
crawfish boil during Festival
Internationale
hosted
by Davidson, Meaux,
Sonnier,
McElligott,
Fontenot, Gideon &
Edwards.
(L-R) Josette Gossen
Abshire, Jerry Prejean of
Iberiabank, Kyle Gideon
and Loretta Larsen,
Executive Director of
the Louisiana State Bar
Association
Page 16
Lafayette Attorneys and Lafayette
Bar Staff Attend American Bar
Association Equal Justice Conference
Lafayette Bar Members Sachida Raman
and Greg Landry of Acadiana Legal Service
Corporation were joined by Pro Bono
Coordinator Claire Prejean and Lafayette
Bar Executive Director Josette Gossen
Abshire at the American Bar Association
Equal Justice Conference in Austin,
Texas. Public interest firms, legal service
corporations and pro bono projects from
around the US gather together each spring
to advance the cause of access to justice.
Got good news to share? Send
email and photos to alison@
lafayettebar.org
Glenn Armentor “Pay it forward’ scholarship recipients
announced
Lafayette Bar Associaiton Member and Past President Glenn
Armentor recently announced the 2015 recipients of the “Pay it
Forward” Scholarship. Each year, several area students are selected to
receive not only a full paid scholarship to the University of Louisiana
at Lafayette, but also a job and ongoing coaching and mentoring.
The students selected are very bright at-risk and financially
disadvantaged young people who have overcome obstacles to excel
academically in high school. This program, founded by Armentor,
has been replicated by numerous firms around the United States
and now helps countless students across the country receive the
Corey Grimley, Leslie Cordell, John Paul Charbonnete, Rebekah Huggins,
opportunity to better their lives through education to someday “pay
Josette Gossen Abshire and Glenn Armentor at the “Pay it Forward”
Scholarship press conference.
it forward” and help other similarly disadvantaged youth.
Andrus boudreAux Landry coussan celebrate grand
opening of new office and thirty year anniversary of
the founding of the firm
Having merged with Turnkey Title attorneys Jonathan and
Elisa Davis, the firm of Andrus, Boudreaux, Landry, and Coussan
now has seven attorneys and twenty two staff members and recently
celebrated their move onto the 4th floor of the Whitney Bank Building
in River Ranch. Family, friends, clients, and guests were welcomed
to a grand opening celebration on May 20, 2015, featuring music by
Kevin Naquin and food by Don’s Specialty Meats.
In addition to the grand opening festivities, Lafayette
Consolidated Government Chief Administrative Officer Dee
Stanley read a proclamation further commemorating the day as
“Philip Boudreaux, Founder of Andrus, Boudreaux, Landry, and
Coussan Day” in the city of Lafayette
(L-R) Steven Ramos, Philip Boudreaux, Jr., Philip Boudreaux, Sr., Sara
Tannehill Zuschlag, Jennifer and Jean-Paul Coussan, Mitch Landry, and
Kyle Gideon.
Louisiana Bar Foundation annual fellows breakfast
held in Lafayette
(L-R) Hon. Marilyn Castle, Shannon Dartez, Louisiana Bar Foundation
President H. Minor Pipes, III, Louisiana Bar Foundation Executive
Director Donna Cuneo, Kyle Gideon and Josette Gossen Abshire
The Louisiana Bar Foundation held it’s annual Fellows Breakfast
for the Acadiana area on May 21, 2015, at the Petroleum Club in
Lafayette where Lafayette Bar Association President Kyle Gideon
accepted on behalf of the Association a DVD of the oral history
project recording of Lafayette Bar Association member, Past President
and Hall of Fame honoree James Diaz, Sr. The disc will be placed
in the Past Presidents’ Room at the Lafayette Bar Association office.
Event attendees included representatives from local agencies
who are Louisiana Bar Foundation grant recipients, including
the Lafayette Parish Bar Foundation, AMIkids, Hearts of Hope
,and Acadiana Legal Service Corporation, as well as Acadiana area
attorneys who are fellows of the Louisiana Bar Foundation.
Page 17
The Last
Appointment
Business after hours social for LBA members
T
he
Lafayette
Bar
Association held a Last
Appointment
business
after hours social on May 7th
Agave Parc Lafayette. Attendees
enjoyed delicious complimentary
food and drinks courtesy of event
sponsors Iberiabank, Jeansonne
Remondet,
Lafayette
&
Chiropractic Physicians Group,
and goDepo.
Special thanks to Kyle Gideon
and Donnie O’ Pry for planning
such a fantastic event.
The LBA would also like to
extend special thanks to the event
sponsors for their continued gracious
and generous support of member
programs and services.
Event Sponsors
LBA President Kyle Gideon and LYLA
President Trey Hightower
Mary Nain (left) and Cindy Pullin (right) of event sponsor Iberiabank with Event sponsors Dr. Kevin Brien (far left) and Dr. Brett Venable (far right)
of Lafayette Chiropractic Physicians Group with Kyle Gideon (center left)
LeAnn Remondet
and Donnie O’Pry (center right)
Page 18
Jay Penny, Judge Jules Edwards, and Charlie Brandt
Donnie O’Pry, Marie Breaux, Jack Miller, and Kenny Oliver
Phil Kaufman and his staff from event sponsor goDepo
T HERESA DE B ÊCHE
& A SSOCIATES
T HERESA DE B ÊCHE
& A SSOCIATES
Theresa de Bêche, RN, MN, CLNC
Theresa de Bêche, RN, MN, CLNC
Legal Nurse Consultant
1390 Players Club Court
Gulf Breeze, FL 32563
Legal Nurse Consultant
Phone: 850-934-0296
Cell: 337-781-0335
[email protected]
1390 Players Club Court
Gulf Breeze, FL 32563
Page 19
Phone: 850-934-0296
Cell: 337-781-0335
[email protected]
The New Louisiana Business Corporation Act
Remedies and Valuation Standard
By Steven G. “Buzz” Durio, A. Anderson Hartiens, and Travis J. Broussard
T
he
transformational
new Louisiana Business
Corporation Act (LBCA)
creates previously unknown remedies
for minority shareholders and a
new business valuation standard for
Louisiana. The full impact of its new
remedies cannot be realized without
understanding its change of the
controlling business valuation standard.
By mandating the use of "fair value",
the LBCA legislatively completes the
jurisprudentially initiated elimination
of minority and marketability discounts
announced by the Louisiana Supreme
Court five years before in Cannon v.
Bertrand.1
The New Act
The new Business Corporation
Act was the result of Acts 2014, No.
328, eff. Jan. 1, 2015 and became La.
R. S. 12: 1-101, et. seq.2 Drafted by
a Committee of the Louisiana Law
Institute, as reported by LSU Law
Professor Glenn Morris, it was based
on the Model Business Corporation
Act 1999 and subsequent revisions.3
Significant changes to prior law include
a new section governing shareholder
derivative actions,4 an extensive
elaboration of appraisal rights, formerly
referred to as dissenting shareholder
rights,5 and a completely new remedythe shareholder's right to withdraw. 6
The New Remedies
APPRAISAL RIGHTS
Appraisal rights are triggered by
substantially the same transactions
under the LBCA which previously
triggered dissenting shareholder's rights
under the LBCL, but without the
exception which previously disallowed
them in cases where there was eighty
percent approval of the triggering
transaction.7 A new obligation of
notice, with specified disclosures
and information is imposed upon
the Corporation.8 Appraisal rights
now specifically include the right "to
obtain payment of the fair value of that
shareholder's shares".9
WITHDRAWAL
The shareholder's new remedy of
withdrawal is contained in La.R.S.12:11435(A) which simply states:
If a corporation engages in oppression
of a shareholder, the shareholder may
withdraw from the corporation and
require the corporation to buy all of the
shareholder's shares at their fair value.
The predicate for this new remedy is
"oppression", which is defined by La. R.S.
1435B:
A corporation engages in oppression
of a shareholder if the corporation's
distribution, compensation, governance,
and other practices, considered as a whole
over an appropriate period of time, are
plainly incompatible with a genuine
effort on the part of the corporation to
deal fairly and in good faith with the
shareholder. Conduct that is consistent
with the good faith performance of an
agreement among all shareholders is
presumed not to be oppressive.10
This new remedy incorporates a
standard for business valuation which is
also essentially unknown to Louisiana
statutory Jaw: "fair value".11
1. 2 So.3d 393 (La. 2009). See, Discounts in Business Valuations after Cannon v. Bertrand, 57 La. Bar. J. 24. Mr. Durio served as counsel and Mr. Hartiens was
the testifying valuation expert for Mr. Cannon in Cannon v. Bertrand.
2. Act 328 also repealed former Chapter 1, the “Business Corporation Law”, consisting of R.S. 12:1to 12:178. See 2014 revision comment to La. R.S. 12:1-101.
3. ld.
4. See Section 1-740, et seq. The Act also included a provision which exempts shareholder derivative proceedings as defined in the LBCA from the application of
Chapter 5 regarding “Class and Derivative Actions” of the Code of Civil Procedure. See La. Code Civ. Pro. Article 611B.
5. See Section 1-1301, et seq.
6. See Section 1-1401, et seq.
7. La. R.S. 12:131(A).
8. See La. R.S 12:1-1321.
9. La. R.S. 12:1-3012(A).
10.Section 1435 goes on to state: The following factors are relevant in assessing the fairness and good faith of the corporation’s practices: (1) The conduct of the
shareholder alleging oppression. (2) The treatment that a reasonable shareholder would consider fair under the circumstances, considering the reasonable
expectations of all shareholders in the corporation. A thorough discussion of these qualifications is beyond the scope of this article and should probably await
judicial interpretation.
Page 20
Continued
The New Standard
This new standard of "fair
value" enters the law of Louisiana
traditionally populated by cognate
but variant terms such as "fair cash
value",12"value" to "pay in money",'13
and "fair market value",14 which have
applied statutorily to the evaluation
of dissenting shareholder rights,15 the
interest of a withdrawing partner,16
and a membership interest in an llC,17
respectively. The Business Corporation
Act repealed the reference to "cash
value" in connection with dissenting
shareholder rights under the old
Business Corporation law and replaced
it in the new chapter on appraisal rights
under the Business Corporation Act.
Under the new LBCA, fair value is
defined in connection with appraisal
rights by La. R. S. 12:1- 1301(4):
(4) "Fair value" means the value of
the corporation's shares determined
immediately before the effectuation
of the corporate action to which the
shareholder objects, using customary
and current valuation concepts and
techniques generally employed for
similar businesses in the context of
the transaction requiring appraisal,
and without discounting for lock
of marketability or minority status
except, if appropriate, for amendments
to the articles pursuant to R.S. 12:11302(A)(5).18 This same definition is
incorporated in the new withdrawal
remedy by La. R.S. 12:1-1435C:
The term "fair value" has the same
meaning in this Section and in R.S.
12:1-1436 as it does in R.S. 12:11301(4) concerning appraisal rights,
except that the value of a withdrawing
shareholder's shares under this Section
and R.S. 12:1-1436 is to be determined
as of the effective date of the notice of
withdrawal under Subsection D of this
Section. 19
Prior to the new Business
Corporation Act, the terms "cash"
value and "value" had been subsumed
by the term "fair market value".20
It was generally acknowledged that
"fair market value ... is not the pro
rata share ... of the fair market value
... of the entire business .... [and] can
be impacted by such factors as ....
minority discounts". Pratt, Shannon
P., The Lawyer's Business Valuation
Handbook, p. 4.21 Thus the reference
to "fair market value" was generally
understood to require such discounts
for minority status or lack of control
and lack of a market or marketability.22
11.Fair value for business valuations should not be confused with the term fair value measurements in financial reporting. The definition of fair value for financial
reporting is: (1) the exit price to sell an asset or transfer a liability (conceptually different from a transaction price); (2) a market-based measurement; and
(3) a price that should be adjusted for transaction cost. Fair value considers the concepts relating to assets and liabilities in Financial Accounting Standards
Board Concepts Statement No.6, Elements of Financial Statements, in the context of market participants A fair value measurement reflects current market
participant assumptions about the future inflows associated with an asset (future economic benefits) and the future outflows associated with a liability (future
sacrifices of economic benefits).
12.La. R.S. 12:131(C ).
13.La. Civ. Code Arts. 2823-24.
14.La. 12:1325(C). See also the statute for community property partitions, La. R.S. 9:2801.
15.See note 9,supra.
16.See note 10, supra.
17.See note 11,supra. See also the statute regulating community property partitions,La. R.S. 9:2801.
18.This provision stems verbatim from the Revised Model Business Corporation Act of 1999 as reflected in the 2002 edition. See, Pratt, Shannon P., The Lawyer’s
Business Valuation Handbook, p.293-94.
19.“Section 1-1435 provides that the corporation may accept the notice of withdrawal or dispute the allegation of oppression in an ordinary proceeding. Section
1-1436 applies after a notice of withdrawal and acceptance or a determination of oppression, and provides for a judicial determination of “fair value” by
summary proceeding if the parties fail to determine it by negotiation within sixty days.
20.See Shopfv. Marina del Ray Partnership, 549 So.2d 833 (La. 1989) as discussed in and distinguished by Cannon v. Bertrand, 08-1073 (La. 1/21/09), 2 So.3d
393. See also, 57 La. Bar. J. 24, Discounts in Business Valuations after Cannon v. Bertrand.
21.“The largest single issue in most shareholder and partner valuation disputes is whether discounts and/or premiums are applicable, and if so, what is the
magnitude of such discounts and/or premiums? The most common issues involve minority discount or control premiums and discounts for lack of
marketability”. Pratt at 298.
Page 21
However, the Louisiana Supreme
Court in Cannon v. Bertrand, 22
So.3d 393 (La. 2009) largely signaled
the death knell for the application of
minority or marketability discounts. See
57 La. Bar. J. 24, Discounts in Business
Valuations After Cannon v. Bertrand.23
Since then, Louisiana's Business
Corporation law has been completely
repealed.24 The new Louisiana Business
Corporation Act which replaced it, LA.
R.S. 12:1-101, et seq., effective January
1, 2015, eliminates the use of minority
discounts by referencing "fair value"
instead of "fair market value". See La.
R.S. 12:1-1301{4), 1302, 1435,passim.
Thus, in terms of valuation standards,
the new Business corporation act is
both the logical extension and the
inevitable conclusion of the analysis the
Supreme Court accepted in Cannon v.
Bertrand.25
Conclusion
The cumulative effect of these
new remedies and the new valuation
standard in the Business Corporation
Act cannot be underestimated. The
direct remedy of withdrawal from
a corporation was unavailable,26
dissolution was practically impossible,27
and even a successful minority
shareholder's claim for the indirect
remedies of receivership,28 or dissenting
shareholder's rights," or a derivative
action for the devaluation of interest,30
or an action for damages,31 were all
destined to be Pyrrhic victories, because
minority or marketability discounts
of up to 70% were not uncommon."
For experienced business practitioners
who have long represented minority
shareholders and have so often
experienced justice frustrated, the new
Business Corporation Act remedies and
valuation standard generate a feeling
comparable to Moses' bittersweet view
of the promised land.33
22.See Shop[, 549 So.2d 833 at 849, as quoted in Cannon, 2 So.3d 393 at 395-96: “The most significant adjustment must be made in recognition of the fact
that [Shopf ’s] share is a minority interest in a closely held business. The determination of the value of a fractional share in a business entity involves more
than fixing the value of the business and multiplying by the fraction being evaluated, especially when the share is a minority interest. A minority interest may
be uniquely valuable to the owner, but may have considerably less value to an independent third party, because the interest is relatively illiquid and difficult
to market .... There is no testimony in this record discussing the applicability of a minority interest discount to plaintiff’s share, but some reduction is clearly
warranted. Under the circumstances of this case we apply a discount of one-third .... as the fair market value.”
23.Cannon noted: “Nationally, the trend in law is away from applying such discounts. See, e.g., 7 La. Civ. L. Treatise,Business Organizations§ 4.11(2008).
Cannon, 2 So.2d 393 at 396, note 4.
24.Acts 2014, No. 328, Section 5, eff. Jan. 1, 2015. See also note 2, supra.
25.“Minority discounts and other discounts, such as for lack of marketability,may have a place in our law; however, such discounts must be used sparingly
and only when the facts support their use..... Furthermore, discounting the market value .... would be inequitable. The withdrawing partner should not be
penalized for doing something the law allows him to do, and the remaining partners should not thereby realize a windfall profit at his expense.” Cannon, 2
So.3d 393 at 396.
26.The withdrawal remedy was previously available only in connection with partnerships and LLC’s. See notes 13 and 14, supra.
27.See, e.g.,Gruenberg v. Goldmine Plantation,360 So.2d 884 (La. App 4 Cir. 3/14/78.
28.Previously provided under La. R.S. 12:145.
29.“Previously provided under La. R.S. 12:131.
30.Previously provided under La. Code Civ. Pro Art 611et seq., but See La. R.S. 12:1-740 et. seq..
31.See, e.g., Combs v. Howard, 481So.2d 179,183 (La. App. 3 Cir. 1985).
32.See Combs v. Howard, 481So.2d 179, 183 (La. App. 3 Cir. 1985) Justice Knoll’s critical observations regarding the use of minority or marketability discounts
in her concurring opinion in Combs were the beginning of the process in Louisiana which culminated in Cannon and their elimination from the definition of
fair value under the LBCA. Much credit must also go to Professors Wendell Holmes and Glenn Morris of the LSU law school whose writings in the Louisiana
Civil Law Treatise, Business Organizations, crystallized the arguments against the application of discounts. “
33.See Deuteronomy, 34,1-4. Unlike Moses, however, a few us are still hoping we will get to live here under the LBCA a while.
Page 22
Page 23
The
Grapevine
Member news & announcements
Condolences to Lafayette Bar
Association member Peter C. Piccione,
Jr. as well as the Piccione family for
their loss of Peter Charles Piccione,
Sr., who passed away Sunday, April
12, 2015. He was a well-respected
attorney in Lafayette for 65 years and
formerly served as Lafayette City Court
Magistrate Judge Ad Hoc from 1967
to 1983 as well as President of the
Lafayette Parish Bar Association.
Matthew D. Lane, Jr., of Ziegler &
Lane, LLC, has received accreditation
for the preparation, presentation, and
prosecution of claims for veterans’
benefits before the Department of
Veterans Affairs (VA).
Congratulations to William “Bill”
Goforth of Goforth & Lilley APLC
and J. Kevin Stockstill, Attorney at
Law for having been selected to the
2015 list as a member of the Nation’s
Top One Percent by the National
Association of Distinguished Counsel,
an organization dedicated to promoting
the highest standards of legal excellence.
The law firm of Borne & Wilkes,
L.L.C. is announcing a change in
its name to BORNE, WILKES,
RABALAIS, & SMITH, L.L.C. to
reflect the names of the members in
the firm, John F. Wilkes, III, Joy C.
Rabalais and Tonya R. Smith.
REMARKABLE
IT’S WHAT WE DO
VICKSBURG
20
EVERY DAY
• Online Applications for
Accounts & Loans
61
NATCHEZ
49
ACADIANA
BATON
ROUGE
• Personal & Business Accounts
• Savings & CDs
NORTHSHORE
• Home Equity Loans &
Lines of Credit
10
NEW ORLEANS
• Consumer & Business Loans
• Mobile & Online Banking
For over 100 years, Home Bank has actively supported remarkable local
organizations. We are a full-service bank, ready to help you build a business,
buy a home or start saving for college. From established companies to families
just starting out, Home Bank offers clients personalized, professional service.
We take pride in helping you thrive.
866-401-9440 / www.home24bank.com
Find a branch
nearest you.
Page 24
Cliff LaCour of NeunerPate has
been named the 2015 Louisiana State
Bar Association Outstanding Young
Lawyer. The award will be presented at
the LSBA Annual Meeting in Destin,
Florida.
Bob Duplantis and Gerald H.
Schiff of Gordon Arata McCollam
Duplantis & Eagan, LLC have been
named as leaders in their fields by
Chambers USA: America’s Leading
Lawyers for Business. Duplantis has
been recognized for his work in Energy
& Natural Resources: Oil & Gas, and
Schiff has been recognized for his work
in Bankruptcy/Restructuring.
LSBA Pro Bono
Awards
Lafayette award recipients
Each spring, the Louisiana State
Bar Association (LSBA) honors those
members who have given a tremendous
amount of time to help the needy
through direct representation of
indigent and near-indigent clients as
well as attorneys who have devoted their
careers to the cause of providing access
to justice for the needy. The Lafayette
Bar was, as always, extraordinarily well
represented at the ceremony with more
award recipients and honorees than
any other area of the state. In all, more
than twenty Lafayette attorneys were
recognized for their efforts.
Joe Oelkers, Executive Director of
Acadiana Legal Service Corporation
and Lafayette Bar Past President,
received the Career Public Interest
Award which is given to one attorney
each year who has devoted at least 10
years of his career to public interest legal
work; demonstrated
excellence
in
his
work
and
leadership in his
organization and
provided significant
service on behalf
of the poor and
disenfranchised.
Several LBA members received
the Pro Bono Publico Award which
recognizes attorneys who have
provided exceptional pro bono legal
services to the citizens of Louisiana
and meets or exceeds the aspirational
goal of providing 50 hours of pro bono
services per year. Seventeen Lafayette
attorneys received the Century Club
Award which is presented to those
extraordinary attorneys who have
demonstrated exemplary commitment
to the ideals of their profession by
providing over 100 hours of volunteer
pro bono service during the last year.
Joe Oelkers, Jason Matt of Matt &
Allen, and Valerie Guidry of Ottinger
Hebert were present at the ceremony to
receive their awards from the Supreme
Court Justices and LSBA leadership.
Career public interest award
Louisiana Supreme Court Justices and LSBA President with Joe Oelkers,
recipient of the 2015 Career Public Interest Award
Joseph R. Oelkers, Jr.
Pro Bono Publico Award recipients
Valerie G. Garrett
Charles Montz, Jr.
Gregory A. Koury
Dwazendra J. Smith
K. Wade Trahan
Pro Bono Century Award Recipients
Louisiana Supreme Court Justices and LSBA President with Lafayette
award recipients and LBA Staff. Front row (L-R) Jason A. Matt, Joe
Oelkers, LBA Executive Director Josette Gossen Abshire and Valerie
Guidry
Mandi A. Borne
Philip H. Boudreaux, Jr.
Marianna Broussard
Jeffrey K. Coreil
L’Reece David
Bradford H. Felder
Valerie G. Garrett
Valerie V. Guidry
Gregory A. Koury
Cliff A. LaCour
Craig D. Little
Seth T. Mansfield
Jason A. Matt
Charles Montz, Jr.
Jason T. Reed
Dwazendra J. Smith
K. Wade Trahan
Page 25
Classifieds
Downtown Lafayette law firm seeking
a Legal Secretary with a minimum of
5 years of legal experience. Primary
areas of law include defense and
commercial litigation, business and
government law. Knowledge and
experience in establishing small
corporations is a plus. Proficiency
in Microsoft Word and Outlook is a
must. Experience with Time Matters
preferred bu not required. Please
email resume and salary requirements
to [email protected]
Lafayette healthcare defense firm
interviewing for an associate position
to handle medical malpractice
defense files. Applicants should have
a minimum of 3 years experience in
litigation, or a background in nursing
in lieu of legal experience. Registered
nurse attorney preferred, but not
required. Please send resumes
to [email protected]
Lafayette, LA law firm looking for a
transaction attorney experienced in
matters related to (i) the acquisition,
disposition, development, financing
and leasing of commercial real estate,
(ii) business matters involving entity
formation, corporate governance and
business practices and (iii) debt and
equity financing transactions, including
bridge financing and construction and
permanent financing. A minimum
of three to five years transactional
experience requested. All inquiries
may be directed to: Becker and
Hebert, LLC, Attn: Lydia Bordelon, 201
Rue Beauregard, Lafayette, LA 70508
Lafayette law firm and title company
seeking to hire a young energetic
associate attorney to help with their
real estate closing practice. Real
estate law and closing experience
is preferred but not required. Please
email resumes to Roxanne@
primetitle.net.
Randazzo Giglio & Bailey LLC is
seeking a litigation associate attorney
with at least 3 years of experience.
Practice areas of the firm include, oil
and gas litigation, general business
litigation and insurance defense. All
inquiries will be treated as strictly
confidential. Interested candidates
should submit resume with cover
letter, transcript, writing sample and
references by email to Chris Bailey at
[email protected]
Get Noticed!
Place your ad in the
next issue of The
Promulgator
email [email protected]
or call 337.237.4700
t Family Law
t Divorce
t Child Support
t Spousal Support
t Custody & Visitation
t Community Property
t Matrimonial Agreements
t Restraining Orders
t Name Changes
Page 26
Page 27