The Promulgator The Official Newsletter of the Lafayette Bar Association
A Salute to Our Veterans October 2016 | Volume 36 | Issue 5
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.
On the Cover
Inside
A Salute to Our Veterans 2607 Johnston Street, Lafayette, La 70503 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 professional excellence, respect for the rule of law and fellowship among attorneys and the court.
Officers
Danielle Cromwell, President Melissa L. Theriot, President-Elect Donovan J. O’Pry, Secretary/Treasurer Kyle L. Gideon, Imm. Past President
Board of Directors
LOCATION NOW OPEN! Call our Opelousas location today to schedule your consultation
Jeffrey Coreil Shannon Dartez Margo Dugas Glenn Edwards Paul Gibson Thomas Hightower Karen King Greg Koury
Cliff LaCour Daniel Landry Steve Lanza Lindsay Meador Joe Oelkers Patsy Randall Maggie Simar Bill Stagg
337-948-1800
LAFAYETTE
Editorial Committee
207 RUE LOUIS XIV LAFAYETTE, LA 70508 337-988-2188
NEW IBERIA
616 S. LEWIS STREET NEW IBERIA, LA 70560 337-376-6153 NOW ! OPEN
OPELOUSAS
619 E. VINE STREET OPELOUSAS, LA 70570 337-948-1800
Kevin Brien, DC
Brett Venable, DC
Al Sadeghi, MD
Jason Neatherlin, DC
Shane Chaisson, DC
Nicolette Rodgers, PA
 Our physicians have treated over 15,000 patients with soft tissue injuries in the Acadiana area  We provide a multi-disciplinary approach with on-site Collaborative Medical Care  Physicians trained in thorough and objective expert testimony with trial and deposition experience  We accept Spanish speaking patients and assist with transportation
Stuart Breaux, Editor Jasmine Bertrand Robert D. Felder Hallie Coreil Dwazendra Smith
Staff
Josette Gossen Abshire, Executive Director Cyd Cherrie-Anderson, Event Coordinator Brian Bourgeois, Marketing Coordinator Marilyn Lopez, LVL Coordinator Dani Romero, Executive Assistant
In this issue of The Promulgator, the Editorial Committee salutes Lafayette attorneys who have served in the Armed Forces. Cover photo is of the 9/11 Memorial in Parc Lafayette
President’s Message �����������������������������������������������������������������������������������������3 LVL Honor Roll �����������������������������������������������������������������������������������������������4 Family Law Section President’s Message ������������������������������������������������������5 100% Club ��������������������������������������������������������������������������������������������������������5 LPBF Bowling Tournament ���������������������������������������������������������������������������8 Cover Story - A Salute to Our Veterans ��������������������������������������������������������9 Your Honor: Judge Francie Bouillion ���������������������������������������������������������12 Off the Beaten Path: Steve Rabalais �������������������������������������������������������������13 ABC Social �����������������������������������������������������������������������������������������������������14 Hall of Fame Coverage ����������������������������������������������������������������������������������15 The Grapevine ������������������������������������������������������������������������������������������������16 The Bar Side ��������������������������������������������������������������������������������������������������17
Upcoming Events - The Pro Bono Week Champions of Justice Awards will be on October 27.
Extended versions of some stories and more pictures can be found in the online edition of The Promulgator on the LBA website.
- The 2016 LBA Installation Banquest will be on November 3.
www.lafayettebar.org
- The Family Law Section Christmas Party will be held on Saturday, December 3 - The LBA Holiday Party will be held on Thursday, December 8 Watch your email for the LBA weekly mailers to make sure you don’t miss out on any information you may need!
TREATYOURSPINE.COM Page 1
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President’s Message
it restored my faith in humanity. “No-name” also served as an important reminder of many things. It reminded me our bar is comprised of natural helpers. We are kind. We are generous. We live in the best community in the whole wide world. Much like President Wilson proclaimed, our reaction to that unnamed storm “fills me with solemn pride.”
Danielle Cromwell, LBA President
Veterans Day is observed annually on November 11 in celebration and honor of all those who served in the United States Armed Forces. The holiday was first known as Armistice Day, marking the end of the First World War. In 1919 President Woodrow Wilson addressed the nation with mixed emotion noting that the day will be filled with solemn pride in the heroism of those who died in the country’s service, and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of nations. These powerful words resonate one hundred years later, especially given the current global political climate. I would like to extend our gratitude to all veterans and their families for protecting this great nation. Their sacrifices and commitment to the preservation of freedom should be celebrated and honored every day. President Wilson’s statement also reminds me of our own Lafayette Bar Association mission statement: MOTIVATED BY JUSTICE, INSPIRED BY SERVICE. While military service to our country is the ultimate service, there are many ways in which we can serve our country and our community. Our legal education gives us the opportunity to serve others by taking pro bono cases, volunteering for any of the worthy LVL programs like HELP or Counsel on Call, or serving as legal advisors on non-profit boards. Many times our small acts of service are just as powerful as what we think of as extraordinary service. We had occasion to witness extraordinary acts of service in our community this past August when a powerful, unnamed storm brought a devastating deluge our way. We watched in wide-eyed wonder as the rain poured down, inching closer and closer to our doors. We breathed sighs of relief when the water stopped rising inches away from our homes. But we did not close our blinds and turn our backs on our neighbors who were not as fortunate. We put on our rubber boots, we got into our boats, and we became our own branch of service. We rescued people - all people - regardless of skin color. We saved enough animals to make Noah proud. We offered our homes, our beds, our clothes, and our food to friends and strangers alike. We cooked a lot of gumbo. It heals. When the rain finally stopped, we didn’t stop helping. We moved furniture and ripped out sheetrock and carpet. We washed clothes. We provided ice, cleaning supplies and shoulders to cry on. We became the personification of service.
In the midst of the chaos, I received a call from Miss Theriot, LBA President-Elect. After exchanging pleasantries, Missy asked: “What are we going to do to help our members and staff?” Good question. Missy called in her law partner and natural disaster guru, Frank Neuner, for guidance. In a matter of hours, Missy had a rough plan sketched out to provide immediate financial assistance to those LBA members, and their staff, who were impacted by the flood. The next day, the Lafayette Bar Foundation agreed to assist with the project. Fundraising efforts began immediately. We sent out an email, made a few personal calls, and donations poured in just as quickly and robustly as the flood waters. We shared the framework for our program with our neighbors to the east, who were facing the effects of the same disaster. I am in awe of the generosity of our members. Many members donated funds to our effort when they themselves were victims of the storm. Thank you to all who donated. Your gifts made it possible to provide financial assistance to members of our local legal community. Special recognition to Glenn Edwards, Bill Stagg, Maggie Simar, Greg Koury, Missy Theriot, Dwa Smith, Miles Matt, Dave Ernest, Jeff Coreil, and Tommy Hightower for spearheading the efforts of the Flood Assistance Program. Your service inspires. I have been particularly inspired this year by all of the Lafayette Bar Association presidents who served before me. Thank you for your ongoing efforts to make our bar an example for the rest of the state. Special thanks to Judge Marilyn Castle, Mag Maraist Ritchey, Jennifer Kleinpeter, Rebekah Huggins, and Tricia Pierre for your insight and leadership. This past year has taught me how far we have come. I would also like to commend our 2015-2016 LBA Board of Directors: Harriet Blackburn, Jeffrey Coreil, Shannon Dartez, Margo Dugas, Glenn Edwards, Paul Gibson, Karen King, Greg Koury, Cliff LaCour, Daniel Landry, Steve Lanza, Lindsay Meador, Joe Oelkers, Patsy Randall, Maggie Simar, Dwazendra Smith, Bill Stagg, Tommy Hightower, Kyle Gideon, Donnie O’Pry, and Missy Theriot. These men and women have devoted countless hours (billable and otherwise) to make our bar and our community better. I am proud of our accomplishments this year and I am grateful for your support and dedication. I must also recognize the efforts of our staff members for their tireless work. Jo, Brian, Cyd, Dani, and Marilyn are the backbone of our organization. Thank you. Please join me in celebrating the end of my term and the installation of Missy Theriot and the 2016 LBA Board on November 3, 2016 at the Lafayette Science Museum. So long, Farewell, Auf wiedersehen Good bye; I leave and heave a sigh and say goodbye. Goodbye!
This no-name storm that took 13 lives and caused damage to over 40,000 homes was devastating to our community. As horrible as it was,
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Lafayette Volunteer Lawyers
Honor Roll
the following attorneys have accepted one or more lvl cases in the past two months
mediation and arbitration of complex disputes
Graham Arnold NeunerPate Stuart Breaux Becker & Hebert Ross Foote
Jeffrey Coreil NeunerPate
Phelps Gay
Andre Doguet Attorney at Law Dean Doherty Law Office of Dean A. Doherty, LLC
Thomas Hayes, III
Mike McKay
Pat Ottinger
Harold Domingue Attorney at Law Shytishia Flugence Flugence Law Firm, LLC Taylor Fontenot The Fontenot Firm, LLC
Mike Patterson
Valerie Gotch Garrett Valerie Gotch Garrett, APLC
Marta-Ann Schnabel
The Patterson Resolution Group offers dispute resolution services in complex cases to businesses and individuals across Louisiana and the Gulf South. Group members include five former presidents of the Louisiana State Bar Association and a retired district court judge. The members have substantive experience in disputes in areas such as:
William Kellner Liskow & Lewis Craig Little Little & Bousquet Law Firm, LLC
Corporate and Business Commercial Real Estate Oil and Gas Maritime Construction Products Liability
Donnie O’Pry O’Pry Law Firm, LLC Dyan Schnaars Galloway & Jefcoat, LLP
Banking Employment Insurance Healthcare Professional Liability Governmental
Contact Mike Patterson at 866-367-8620. Or visit the group’s website at www.pattersonresolution.com for more information and the article, “Getting Your Client and Yourself Ready for Mediation.”
Robert Torian NeunerPate
B AT O N R O U G E
William Vidrine Vidrine & Vidrine Page 4
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NEW ORLEANS
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MONROE
Family Law Section
GREG KOURY, PRESIDENT
THE FOLLOWING FIRMS ARE PART OF OUR 100% CLUB. THEY HAVE Two or more ATTORNEYS, ALL OF WHOM ARE LBA MEMBERS Allen & Gooch
Hi folks! the Family Law Section is rounding third for the year, but we still have two CLE opportunities remaining. Our next CLE will be held in conjunction with our annual meeting on October 17, 2016, with Geralyn Siefker presenting on the important topic of Protective Orders. At our most recent meeting, close to forty of our members enjoyed learning litigation practice pointers from our esteemed family court judges, Hon. David Blanchet and Hon. Charles Fitzgerald. It was a winner, and we are trying to lock them down for a return engagement next year. Notably, the Family Law Section is continuing its great tradition of giving. We were pleased to contribute significant money to the flood relief efforts of the Lafayette Bar Foundation and Lafayette Bar Association. Additionally, we have launched a campaign to benefit a very important organization for family law practitioners: Les Avec Enfants. For the rest of the year we will be “Passing the Hat for Avec” and accepting donations to further its mission of providing a safe, supervised environment for the exercise of visitation in troubled family situations. Avec is presently in great need, as it must relocate from its current facility in short order and at great expense. Please contact Cyd Anderson at the LBA and give what you can. Our remaining schedule for 2016 is listed below. All section meetings, executive committee meetings, and CLE programs will be held at the LBA building at 2607 Johnston St, Lafayette, Louisiana. The section meetings begin at 11:30 A.M. with lunch and a brief discussion of FLS business. The CLE follows at noon. Executive Committee Meetings begin at 5:15 pm, and all members are welcome to attend. We hope that you will join us going forward.
Andrus, Boudreaux, Landry & Coussan Borne, Wilkes & Rabalias, L.L.C. Boustany Law Firm Briney Foret Corry Broussard & David Broussard & Kay Cafferey, Oubre, Campbell & Garrison Daigle Rayburn Davidson. Meaux, Sonnier, McElligott, Fontenot, Gideon & Edwards Domengeaux, Wright, Roy, Edwards & Colomb Gachassin Law Firm Gibson Law Group Juneau David Law Office of Kenneth W. DeJean McConnell Law Offices NeunerPate
Monday, October 3, 2016: Executive Meeting Monday, October 17, 2016: Business Meeting/Annual Meeting and CLE – Geralyn Siefker: Protective Orders. Monday, November 7, 2016: Executive Meeting Monday, November 14, 2016: Business Meeting and CLE – topic to be determined. We will soon be announcing other events, including our annual Christmas party. If anyone needs further information, please contact me at greg@kouryhill.com.
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Onebane Law Firm Preis PLC Simien & Miniex Smith & Boudreaux, LLC Thomas R. Hightower, Jr. APLC Tuten Title & Escrow
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2016 Lafayette Bar Foundation Bowling Tournament The Lafayette Parish Bar Foundation held its annual Bowling Tournament on August 5, 2016. Firms, attorneys, friends and family all enjoyed an evening of fun at Lafayette Lanes. They all arrived covered in camouflage and animal print for the “Hunting Season is Open� themed tournament. Our goal for the annual bowling tournament is to raise money for the Lafayette Volunteer Lawyers Program. This program offers many services, like the Protective Order Panel, which helps victims of domestic violence find relief through a Title 46 Protective Order; the Homeless Experience Legal Protection (H.E.L.P.) which assists the homeless in acquiring copies of their birth certificates, which are necessary to obtain
an I.D. and shelter; and Counsel on Call, whereby attorneys provide free legal advice to all members of the community. Special thnks to all of our sponsors for this event: Barczyk Chiropractic Group, Larry Curtis, NeunerPate, Thomson Reuters, Thomas R. Hightower Jr. APLC, EDC, FUSE Professionals, Kolder, Champagne, Slaven & Company, Matt & Allen and Swiss Re Corporate Solutions The LBA staff was there to capture the majestic bowlers in their natural habitat:
All the competitors were dressed for a hunt! Barczyk Chiropractic Group was the winner of the coveted Spirit Award for their trophy costumes!
Jeff Coreil and his son Rye showed us why this event is fun for everyone!
The Lafayette City Marshal team took first place!
More photos from this event can be found at www.lafayettebar.net
Professional Mediators, Arbitrators & Special Masters
Southwest Louisiana Panel: Patrick J. Briney Jeffrey M. Cole Robert S. Dampf
Ward Fontenot (Ret.) Richard J. Hymel Thomas R. Juneau, Sr. James A. Lochridge, Jr.
Katherine M. Loos Emmett C. Sole Patrick M. Wartelle
For a complete listing of our Panel Members, visit www.perrydampf.com
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721 Government Street Suite 102 Baton Rouge, LA 70802 Phone: 225.389.9899 Fax: 225.389.9859 Toll free: 866-389-9899
A Salute to Our Veterans By: The Promulgator Editorial Committee The Constitution of Massachusetts, written in 1870, primarily by John Adams, enshrined into law a principle now deeply engrained into our national psyche – namely, that ours is “a government of laws and not of men.” As lawyers, we are therefore part of a profession that is both noble and indispensable to the functioning of our republic. But, as history shows, the primacy of law over the caprice of individuals cannot be maintained without the sacrifice of brave men and women who put their lives at risk, place their careers on hold. In 1954, Dwight D. Eisenhower proclaimed the first Veterans Day (theretofore known as Armistice Day, which commemorated the signing of the armistice between the Allies of World War I and Germany), “in order that a grateful Nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation,” to “solemnly remember the sacrifices of all those who fought so valiantly on the seas, in the air, and on foreign shores, to preserve our heritage of freedom...” Proclamation No. 3071, 19 F.R. 198 (Oct. 12, 1954). In anticipation of the sixty-second observance of Veterans Day, and in the spirit of President Eisenhower’s poignant proclamation, the Editorial Board of the Promulgator desires to honor all of America’s veterans, and, in furtherance of this end, have chosen to spotlight the military service of six of our colleagues in the Lafayette Bar Association, to whom we owe, together with all veterans, our humble gratitude. Edward C. Abell, Jr., Esq., Onebane Law Firm Mr. Abell joined the Reserve Officer Training Corps while an undergraduate at Louisiana State University. Upon his graduation from LSU Law School in 1963, he was commissioned as a First Lieutenant in the United States army. During his three year tour of duty, he achieved the rank of Captain and was awarded an Army Commendation Medal, which he attributes “mainly to good behavior, but nothing out of the ordinary.”
Because I was subject to being drafted, I chose to enter the Reserve Officer’s Training Program (ROTC) while in undergraduate school at LSU. This committed me to serve, but I would serve as an officer, and that was the decision maker for me. How has serving in the Armed Forces impacted your career as a lawyer? Any courtroom experience is instructive, and I learned from my role as a prosecutor and defender of court martial cases. I was impressed that the military courts were fair and rational. Are there any particular stories that you want to share with the readership? We lived in Columbia South Carolina, which was a nice town. We were treated well by the local population. My then-wife and I adopted a son through the Children’s Bureau of South Carolina, so I feel some connection there. It was a good period for growing up, hopefully maturing a bit, and learning some legal skills that have served me well. What can we in the legal profession do to better serve and honor our active duty servicemen and women and our veterans? The first thing we should all do, as citizens, is to show respect and appreciation for those who have served and are serving in the U.S. Armed Forces. Defense of the nation is critical, and these people, now all volunteers, are on the “front line.” Also, we need to see that our elected officials do what is necessary to honor the commitments made to veterans and their families, as it seems some of these obligations have been sadly neglected. Patrick J. Briney, Esq., Briney Foret Corey Mr. Briney was inducted into the United States Army on June 30, 1969. He underwent basic training at Fort Polk, and thereafter received training as a combat engineer at Fort Leonard Wood in Missouri. From there, Mr. Briney went to Officer Candidate School at Fort Belvoir, Virginia, and received training as an intelligence officer at Fort Holabird in
During his time in the Army, Mr. Abell served in the Judge Advocate General’s Corps. He was initially sent to Fort Benning, Georgia for Infantry Officer’s Training School. After completing his training at Fort Benning, he spent three months in Charlottesville, Virginia at the Army Law School, located on the campus of the University of Virginia. Thereafter, Mr. Abell spent the rest of his three year hitch at Fort Jackson South Carolina. Fort Jackson is a training base, and Mr. Abell tasked with handling many court martial trials. Most involved AWOL or desertion charges, but he credits the courtroom work as providing useful training for a litigation career.
Baltimore, Maryland.
What prompted you to join the Armed Forces?
“I reviewed the granting of security clearances for graduates of basic
Although he expected to be sent to Vietnam as an intelligence officer, Mr. Briney was assigned to Fort Jackson in Columbia, South Carolina, a basic training base, as an intelligence officer in the G-2 office. According to Mr. Briney:
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training, which was pretty silly. We had a highly paid civilian working in the office who read the local papers searching for articles critical of the war or the Army. He would cut them out, mount the clippings on 8” x 11” sheets of paper, stamp them “Confidential,” and lock them away in a filing cabinet. I was so bored, I called the Pentagon and volunteered to go to Vietnam. They told me they didn’t need me in Vietnam. I told them they didn’t need me at Fort Jackson. They said that didn’t matter. Then I got sent down to a training company as an executive officer where I really didn’t have anything to do other than stand around and watch the Drill Sergeants run the show. I spent weekends in the Appalachians or on Pawleys Island. Finally, they realized they really didn’t need me and I got to go home six months early.” What prompted you to join the Armed Forces? The Draft. I enlisted for OCS since otherwise I would have been a ripe candidate for ending up in a rifle platoon in Vietnam. How has serving in the Armed Forces impacted your career as a lawyer? I hated the Army. I hated being told what to do and what not to do. And yet the discipline and experiences I had matured me in ways I did not recognize until I got to law school. I did not like Law School either, but the habits I had grudgingly learned in the Army got me through because I’d always wanted to be a lawyer. I learned a lot about myself and other people in the Army: who’s good, who’s bad; who you can count on, who can you trust; what you can do and what you can’t. What can we in the legal profession do to better serve and honor our active duty servicemen and women and veterans? First and foremost, we should be ready to help the active duty trooper whenever possible. We’ve ground up another generation in wars we should have stayed out of, or should have won once we decided to go to war. We can also help by tempering our contributions to our society’s increasing aversion to risk and risk taking. Unfortunately, a lot of what we do promotes risk aversion among the timid and the bureaucrats. The military is a hugely bureaucratic institution. Rules and regulations become excuses for not acting. We can ill afford a military that is afraid to fight because of “legal consequences.” Hon. Judge Jules Edwards Judge Edwards enlisted in the United States Marine Corps in 1976 and served as a rifleman and a wireman in the Headquarters and Service Company of the 3d Battalion of the 23d Marine Regiment, 4th Division (Reserve), located in New Orleans. He advanced through the ranks from Private to Corporal. In 1981, Judge Edwards obtained a branch transfer to the Louisiana National Guard and enrolled in the Army Reserve Officer Training Corps at Loyola University in New Orleans. He held the rank of cadet in both organizations and participated in the Simultaneous Membership Program. He was subsequently promoted through the ranks from Cadet to First Lieutenant in the (Washington Artillery) 1/141 Field Artillery Battalion, 256th Infantry Brigade, Louisiana Army National Guard and served as a Fire in Support Team (FIST) Chief and a Special Reaction Security Team (SRT) Leader. The FIST is a team of forward observers
who are assigned to infantry units to control the fires of artillery units supporting the infantry. The SRT is an elite team that is employed in civil defense operations. From 2002 through 2007, Judge Edwards was assigned to Joint Force Headquarters, Louisiana as the State Judge Advocate (SJA). The SJA supervises the legal staffs of the Louisiana Army and Air National Guard and provides Legal Counsel to the State’s Adjutant General. In that position, Judge Edwards was promoted from Lieutenant Colonel to Colonel. Judge Edwards retired from the Louisiana Army National Guard in 2007. What prompted you to join the Armed Forces? I attended Catholic schools from kindergarten through law school, which instilled in me a keen desire for servant leadership. The Marine Corps is known as the “first to fight,” and the National Guard has a dual state and federal mission that allows its members to serve their local communities in preparation for, response to and recovery from natural disasters and civil disturbances, as well as to defend the country from foreign aggression. The missions of those organizations made them very attractive to me. How has serving in the Armed Forces impacted your career as a lawyer? The most memorable experiences involved the comradery of the marines and soldiers, and the relief we were able to provide to the displaced and distressed citizens of our state. Earning a Master of Strategic Studies degree from the United States Army War College in 2005 was the capstone experience of my career. That was one of the most intellectually challenging experiences of my life. What can we in the legal profession do to better serve and honor our active duty servicemen and women and our veterans? Service members and veterans often have legal needs, both in their personal lives and relative to their military service. They also have financial issues and other legal issues resulting from the sacrifices inherent in military life. I strongly urge the Lafayette Bar Association to consider creating a Military Legal Services Program to connect bar members who are willing to provide free or reduced-fee legal services to service members who are on active duty or in the National Guard or Reserves. Lawyers could identify the areas of law for which they are willing to provide these services, and the Bar Association’s website could facilitation connections between service members and lawyers. The states of Arizona, Georgia, Ohio, Oregon, South Carolina and Wisconsin all provide such services. C. Roan Evans, Esq., The Glenn Armentor Law Corporation Mr. Evans is a Major in the Louisiana National Guard, serving as a Judge Advocate. He is currently assigned to Trial Defense Services, which is similar to the Public Defenders Office, but for service members accused of criminal offenses under the Louisiana or Unified Code of Military Justice. Mr. Evans has served with the 61st Troop Command as their Judge Advocate
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and was deployed to Iraq with the 256th Infantry Brigade Combat Team in 2010. He is the recipient of an Army Commendation Medal for his service in Iraq, and the Louisiana Cross of Merit for his service as the first legal adviser on the ground to the investigating officer during the UH60 Helicopter crash investigation. What prompted you to join the Armed Forces? I always wanted to be a solider. I was a 2L when 9/11 occurred. I almost dropped out of law school to sign up. Later, when the opportunity to join the Guard presented itself, I took it. At that time, I was working under contract with the Public Defender’s Office and was newly remarried. I always wanted to serve like many of the men in my family, but I also wanted to be part of something greater than myself. How has serving in the Armed Forces impacted your career as a lawyer? It has had a great impact on my career. I have had to make a lot of sacrifices in my career in order to serve. I served during hurricanes Gustav, Ike and Isaac. I had to take time off after each of those storms in order to serve my commanders as they assisted local authorities in the clean up and recovery efforts. My current boss, Glenn Armentor, has been especially accommodating with my other job. Are there any particular stories that you want to share with the readership? As many in my circle of colleagues in the bar know, I was diagnosed with stage IV Pancreatic Cancer last year. My greatest fear initially was that the Army would drop me and I would lose my health insurance, which I get through the Army. Instead, my command has allowed me to drill when I am able, and has continued my pay and my health benefits, without which I could not afford treatment. What can we in the legal profession do to better serve and honor our active duty servicemen and women and veterans? I would say that the “thank you for your service” I get from strangers is really great and encouraging. Just be aware that the person standing next to you in a crowd may be or was a service member. We are part of the community even though we don’t always wear a uniform. R. J. Fonseca, Jr., Esq., Fonseca Stockstill, LLP Mr. Fonseca enlisted in the United States Marine Corps in November of 1990, two months after the United States responded to the Iraqi invasion of Kuwait with Operation Desert Shield. Operation Desert Storm, the armed conflict that followed, successfully concluded a week after he graduated boot camp in February of 1991. Following boot camp, Mr. Fonseca served for a year in Okinawa, Japan with the III Marine Expeditionary Force Command Center. He then received orders to serve active duty with the 4th LAAM Battalion, a reservist HAWK Missile Battalion in Hayward California. How has serving in the Armed Forces impacted your career as a lawyer?
Certainly the discipline, work ethic, sense of pride and sense of responsibility instilled by the Corps set the foundation for much of my later pursuits--including my legal career. Is there anything in particular about your experience in the Armed Forces that you want to share with the readership? It is difficult to describe the camaraderie among those of us who served together, but experiencing that galvanizing thread with my fellow Marines is what I remember and miss most about my experience in the Corps. What can we in the legal profession do to better serve and honor our active duty servicemen and women and veterans? I believe the first step is recognizing and emphasizing the opportunities available for pro bono advocacy on behalf of veterans and their families. A lot of lip service is given to the patriotic notion of “supporting the troops,” but to a large extent, we have failed to honor this commitment – both as a nation and a profession. Steven T. Ramos, Esq., Andrus Boudreaux Mr. Ramos has been in the Army for over sixteen years. He is currently a Major in the Louisiana Army National Guard. He serves as the Brigade Judge Advocate for the 225th Engineer Brigade, which is headquartered at Camp Beauregard, Louisiana, and served as both the Brigade Judge Advocate and Deputy Brigade Judge Advocate for the 256th Infantry Brigade, which is headquartered in Lafayette. Mr. Ramos also served as the Command Judge Advocate for the 199th Garrison Command at Camp Victory, Baghdad, Iraq in 2010. The 199th was in charge of infrastructure and security for Victory Base Complex (VBC), the largest base in the Middle East at the time, housing some 45,000 soldiers and civilians. Among other medals, Mr. Ramos is the recipient of a Meritorious Service Medal for his service in Iraq. What prompted you to join the Armed Forces? I LOVE AMERICA! I grew up watching G.I. Joe and hearing stories about World War II. It was just a matter of time for me. What was your most memorable experience as a member of the Armed Forces? I would be remiss if I did not extend a huge thank you to my wife of ten years, Erin, who has been with me through most of my military experience. It is undoubtedly true that military spouses serve with their soldiers. When I went to Iraq, I left my wife with a two-and-a-half-yearold and an eight-month-old – not to mention that she was a practicing CPA. I honestly think that she had it much harder. Although she didn’t get any medals, she most definitely did her duty. What can we in the legal profession do to better serve and honor our active duty servicemen and women and veterans? Just help a soldier if you can. Preparing a power of attorney, giving a little advice – these are things that can help military families enormously, especially on the cusp of duty.
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To view the entire article, please visit our website at www.lafayettebar.org
Your Honor
What did you do after law school?
An interview with: Judge Francie Bouillion
I clerked for Judge John Duhé - his last year on the district bench. And then I worked at Gordon Arata for five years, doing a fair amount of white collar criminal law, banking law, and some oil and gas law.
By Stuart Breaux
Having clerked for Judge Duhé, I knew that it would suit me. But I never thought I had any chance. Then, when Judge Kaliste Saloom retired, one of my partners came in and asked me whether I was going to put my hat in the ring. So I did. I did not have any political experience other than voting. I was given absolutely no chance at all to win, but I worked the phones and knocked on 20,000 doors. And here I am.
What motivated you to run for the bench?
Judge Francie Bouillion was elected to the Lafayette City Court, Division A, on April 30, 1994 and has served in that capacity through the present. She received a B.S. in Biology from St. Mary College in Levinworth, KS, and her Juris Doctor from LSU School of Law, graduating second in her class and being named to the Louisiana Law Review and the Order of the Coif. She is married to Dr. Kenneth R. Bouillion. Together, they have two children and three grandchildren. Judge Bouillion teaches trial advocacy at the LSU School of Law, has served as President of the City Court Judges Association and the American Inn of Court of Acadiana, and has been active in the Juvenile and Family Court Judges Association and the Association of Judges of the Third Circuit. She is a graduate of Leadership Lafayette - Class VII, and is a member of St. Pius X Roman Catholic Church. Please tell the readership about your background. I was actually born in the Bronx, but I grew up in Oklahoma City. I ended up in Lafayette because I went to college in Kansas, as did my husband Ken, who is a Lafayette native. I’ve been in Lafayette since 1976 – well over half of my life. This is home. We’re so much a part of this community that I can’t imagine living anywhere else. But I actually still sort of consider myself an Okie. I was five when we moved to Oklahoma City and I can still twang with the best of them. Did you always know, growing up, that you wanted to go to law school? Heavens no! I had absolutely no idea. It actually wasn’t until after [our son] David died that I began feeling that I needed something more in my life. Our friends, Larry and Dee Simon, told me, “well, you must go to law school.” So I quit my job, took the LSAT and applied to LSU. What did you do prior to enrolling in law school? I worked for the Social Security Administration for seventeen years. We lived in Lubbock while Ken attended graduate school. We moved to San Antonio for Ken to do an internship. Then, Ken wanted to move home, so we came to Lafayette. I always say I sort of live a very dull life. But we take these leaps – like leaping to go to graduate school in a town where we didn’t know anyone and I was pregnant, then leaping to go to law school, and then again leaping to run for office. I’m back now in my dull days though.
Who would you say has most influenced your career? Judge Duhé. He was my role model, my mentor - the first judge I had ever met. At least once a week I ask myself: “How would Judge Duhé handle this?” because I never saw him handle a case in a way that it shouldn’t have been handled. He was definitely my biggest influence, and still is. What is the most rewarding aspect of being a judge? Seeing a juvenile turn his or her life around – to have a juvenile come back to me and tell me that I made a big difference in his or her life. I teach the trial advocacy at LSU every year. One year, a student stopped me in the hall and said: “I know you probably don’t remember me, but when I was young I was in your court and I want to thank you. Look where I am now, and it’s because of you.” Of course, with 40,000 cases a year I didn’t remember him – I don’t remember a lot of people – but to have somebody say that I made a difference, it does not get any more rewarding than that. What advice would you give to young lawyers with respect to the development of their careers? If they want to be litigators: get into court. Early and often. Learn how to enter a plea, to address a judge, and to talk to a prosecutor or opposing counsel. The more often you get into court, the more comfortable you will be. And if you’re in a big law firm, getting into court will often move you up a rank or two. If your firm has a case where someone has to go to court, the firm will pick the person who has already been to court. So it’s a very helpful thing. If you’re a litigator, get into court. And I think any lawyer who has the opportunity to clerk for a judge should jump on that opportunity because it gives you a head start in understanding what a judge is thinking. What are your hobbies and pastimes? My biggest hobby is travel. Ken and I love to travel. We frequently take weekend trips because I’m busy the rest of the time. I have family living all over the country, friends that live all over the country, and we also like to go to Europe. Travel is our biggest hobby. Also reading. I like to read lighter fare because so much of what I do here is heavy fare. But I like to read law. I still do all of my own research.
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To view the entire interview, please visit our “News” section at www.lafayettebar.org
Off the Beaten Path An Interview with Steve Rabalais by: Stuart Breaux Steve Rabalais is a principal of Rabalais & Hebert, a veteran of the personal injury defense bar, and a mediator with MAPS. But what makes Steve tick when he’s not about propounding discovery or filing motions? There you will still find Steve researching and writing . . . and publishing!
2016 ABC Social The 2016 Attorneys, Bankers & CPAs Social was held at Tim & Tia’s in River Ranch on September 22. The venue was full of professionals from all three fields! This event is always a great way for attorneys, bankers and CPAs to mingle with one another, and it doesn’t hurt that it also happens to be one of the most fun socials of the year. The LBA would like to thank the Lafayette Risk Management Association and the Acadiana Chapter of the Society of LA Certified Public Accountants for helping to make this event happen.
David Cortez of Evergreen Working Capital, Donnie O’Pry, LBA President Danielle Cromwell, President of the Lafayette Risk Management Association Austin Hebert and President-Elect of the Acadiana Chapter of Louisiana CPAs Seth Norris.
General Fox Conner: Pershing’s Chief of Operations and Eisenhower’s Mentor Q: Steve, how did you choose this subject? A: A college friend, Jim Engster, has a radio program in Baton Rouge, which I have occasionally guest-hosted. I interviewed an author who had written a book on the relationship between George Marshall and Eisenhower. I learned that both held General Conner in high esteem. When I could not find a Conner biography, I decided to write one. Young Lawyers President Travis Broussard, LBA President Danielle Cromwell and Tyson Cromwell of Northwestern Mutual
Q: Tell us about the book. A: Eisenhower considered his mentor, Gen. Conner, to have been “the outstanding soldier of my time” and “the one more or less invisible figure to whom I owe an incalculable debt.” John J. “Black Jack” Pershing considered Fox Conner to have been “a brilliant solider” and “one of the finest characters our Army has ever produced.” My book tells the story of this significant, but now forgotten, figure in American military history. Conner perceived a calling to become an officer in the Army, despite the fact that his father had been blinded while fighting for the Confederacy against that Army. Conner also formed close relationships with Marshall and George S. Patton, as well as an antagonistic one with Douglas MacArthur. He eventually became the Army’s second-highest ranking officer. On three occasions, however, Conner was passed over for appointment to lead the Army. Conner was the quintessential man behind the scenes, who never attained the pinnacle of his profession, but enabled his protégé Eisenhower to do so.
Thanks to the sponsors of this event: Andrus, Boudreaux, Landry & Coussan, Evergreen Working Capital and Tyson Cromell and Taylor Davis of Northwestern Mutual.
More photos from this event can be found at www.lafayettebar.net
THOMAS E. GUILBEAU
Q: Tell us about the making of the book. A: I was able to meet General Conner’s grandson, who provided a great deal of documentation that was not publicly available. This process has also helped sharpen my writing, which will hopefully carry over into better-written legal work. Q: When is the release? A: The book is being published in both the US and the UK by Casemate Publishers, and it will be available in both hard cover and electronic versions. The current release date is set for November 2016. The local Barnes and Noble store will have copies for sale, or the book can be ordered online from Amazon, Barnes and Noble, or Books-A-Million.
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The Bar Side
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Greg K. Moroux I recently listened to a young lawyer (lots of my article ideas come from young lawyers) wonder aloud about “the good ol’ days” and what it must have been like when we used to send messages, pleadings and other legal things by US Mail with cover letters. I kept quiet and listened to the banter among a group of lawyers, young and old, prompted by that remark. We had urgency then, but not like it is now. The young lawyer’s idea was that you place something in the mail, wait three or four days, and then begin to wonder: (1) whether the addressee has received it; (2) whether he (more likely male then than now) read it; (3) whether he has made a decision on it; and (4) what that decision was or will be. The entire process could take a week or more, and there was a certain mystery that lingered over the course of days. Now, it’s instantaneous you can even send your message with receipt and read notifications for assurance. Back then, you saw your friendly local mailman (now the genderneutral letter carrier) every morning. He was the face of pickup and delivery. You could be happy with the mailman, or, if you thought that the intended recipient of your letter had not received it, you could be unhappy with the mailman. Now, you have to accept the fact that you are happy or unhappy with the faceless Google or Microsoft. It’s instant, but faceless. Remember telex machines? (Young lawyers, ask an old lawyer.) Those things sent messages through a cable laid across the floor of the Atlantic Ocean decades ago. Now, we transmit messages by satellite...in an instant. And, of course, I have made reference in the past to IBM Selectric typewriters – industrial powder finish in the color red. The marvel then was that little ball of letters and characters, instead of the old basket of single stroke arms – raising a letter to strike the quickly raised and lowered ribbon covering the page. The IBM Selectric is now in the Smithsonian Collection. I have also made reference in the past to onion skins. When your very skillful secretary made the rare typo, she had to stop and correct the original and however many onion skins were rolled up in the typewriter platen after the original. Even the word “platen” has fallen into the realm of the arcane. Now, the typist’s pinkie just hits the backspace key. Gloria Steinem maintains that the word “keyboarding” (my favorite manner of speaking: making verbs out of nouns) came into common usage to replace the word “typing” because men started doing it. Who can argue with that? And what self-respecting secretary let an onion skin file copy go into a file folder with more than two or three eraser smudges on it? Even smudging is a thing of the past.
We now have document management systems that, among other things, measure the time it takes to create and complete a document. There was a time when you had to look at your watch and estimate the amount of time it was taking your secretary to get that letter back to you, measured against the deadline for mailing. Now, you can open the document and determine that it took 224 seconds to complete the letter. Dictation is going out of style, too. If you look at the demographics anecdotally, you will see that everyone coming out of school now keyboards instead of dictating. Dictating was a skill learned by almost all lawyers after law school. Dictation is especially hard because you cannot see what you did before. You have to rely on memory to push through to completion of the document. Electronic research has replaced books. Courts now expect attorneys to know decisions published online yesterday. Remember advance sheets? (Young lawyers: advance sheets are published decisions printed on inexpensive newsprint while the bound reporter is being produced.) Now, it’s instant. Libraries are a thing of the past. Lawyer don’t even use books as backdrops for photoshoots anymore. If you read the fine print at the bottom reverse side of an old 33 RPM record album, you will see these words: “This disk was stamped from an original master recording of the studio performance by the artists and producers. It will never be obsolete” Pretty bold claim.
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With all of this incredible new and fast technology comes the new urgency – the expectation of an instant and well-considered response. How many times have you sent a text message expecting an instant and well-considered response? You had at least a week to consider how your letter to opposing counsel would play out. That week of contemplation and strategy has been shortened to seconds. This is one challenge of the new urgency. There is another. I once dictated and had typed a vituperative letter to an opponent. I brought the letter to a senior partner who read it carefully and advised the following: Greg, take this letter and place it in the middle of your desk. Do not mail it today. Go home, pour a nice glass of your favorite wine, have a relaxing dinner, and get a good night’s sleep. Get up tomorrow morning, go to your office, and read the letter again. Then decide whether you want to mail it. You guessed it. Long story made short: The letter never saw a postage stamp or even an envelope. So, before you press “send” for instant delivery and fall prey to the new urgency, figure out for yourself the computer/internet/email equivalent of my senior partner’s sage advice.
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The name you know, the experience you trust. Page 18