February Promulgator 2022

The Promulgator The Official Magazine of the Lafayette Bar Association

GOING PRO

FEBRUARY 2022 | volume 35 | issue 1

Association Board

OUR MISSION 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.

THE PROMULGATOR is the official magazine of the Lafayette Bar Association, and is published six times per year. The opinions expressed herein do not necessarily reflect the views of the Editorial Committee.

ON THE COVER

Champions of Justice Awards breakfast Read more on page 16.

Shannon Dartez, President Robert Kallam, President-Elect Lindsey Meador Young, Secretary/Treasurer Karen King, Imm. Past President George D. Ernest III, Foundation Chair Derek Aswell John Barron Paige Beyt Roya Boustany Vicky Bowers Stuart Breaux Robert David Kenneth Hebert Trey Hightower Lauren Hue McKinley James Jason Matt Gregory Mier Andrew Mims Joseph Oelkers Dyan Schnaars Mandy Simon Dwazendra Smith

Foundation Board

ARTICLES

President's Message..........................................................3 Access to Justice: Foundation News.....................6 Young Lawyers Section Update...............................7 Family Law Section Update........................................8 Criminal Law Section Update....................................9 Cover Story: Lion Hunt.....................................................10

UPCOMING EVENTS FEB 21 FREE CIVIL FEDERAL PROGRAM PANEL CLE Both in-person and virtual options are available.

Lafayette Bar Association 12:00 PM - 1:00 PM

FEATURES

Trivia Question.......................................................................3 Off the Beaten Path...........................................................4 Pro Bono Honor Roll.........................................................8 Health & Wellness................................................................14 The Grapevine.........................................................................14

EVENTS

Champions of Justice Awards Breakfast...........16 LBA Golf Tournament.......................................................17

stay connected

Like us on Facebook facebook.com/lafayettebar

MARCH 5 2022 MOCK TRIAL Lafayette Federal Courthouse 8:00 AM - 5:30 PM

MARCH 11 GOLF TOURNAMENT The Wetlands Golf Course 11:00 AM - 5:30 PM

AUG 25-27 BENCH BAR 2021 Bench Bar - POSTPONED Windsor Court Hotel 8/25/22 5:00 PM - 8/27/22 12:45 PM

Editorial Committee Edward Barousse, Editor Corrie Gallien Cranay Murphy Daniel Phillips Dyan Schnaars

Mandi Bucher Dwazendra Smith Claire Edwards

Lafayette Bar Staff Pam Landaiche Executive Director Marilyn Lopez Director of Pro Bono Services

See us on Instagram @lba_lafayettebar

Katie Blanchet Marketing Coordinator

Follow us on Twitter @Lafayette_bar

Shea Barber Events Coordinator

Visit us online www.lafayettebar.org

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George D. Ernest III, Foundation Chair Greg Tonore, Vice Chair Dean Cole, Secretary/Treasurer John Swift, Imm. Past Chair Shannon Dartez Blake David Theodore "Glenn" Edwards Thomas R. Hightower, Jr. Jonathan Jarrett Karen King Miles Matt John McElligott Lindsay Meador Young Kenny Oliver Maggie Simar

To register for events, visit lafayettebar.org or call (337) 237-4700.

Cheryl Robichaux Administrative Assistant

president' s message With the hope and promise of a new year ahead, we were faced, yet again, with canceling more bar events due to Covid-19. As I watched the news unfold regarding the Omicron variant, and the discourse from all sides of the issues, it made me think about our ever changing world and the culture of divisiveness that exists today. Frankly, it made me sad. I pondered, what can we do as lawyers Shannon Dartez to help calm the world around us and ensure stability in our community? As lawyers, we have been entrusted with supporting and defending the Constitution, protecting the rule of law, the justice system and the courts. Without our laws, and those that protect them, our society is at risk of falling prey to eroding liberties and a level of protection that will fall very short of equality for all. I don’t know about you, but I don’t want to live in a world that is not the “land of the free and home of the brave." I believe lawyers are essential to protecting society. Being a lawyer is not just a job, but a calling. I heard it said our profession is the last line of defense for those that are not only aggrieved but those that are being stripped of their liberties, many times unknowingly.

By representing our clients to the best of our ability, educating those around us on the rule of law and principles of justice, providing pro bono services to those in need and standing up for the justice system, we help to ensure stability in the world around us, whether we realize it or not. To that end, we not only have ethical obligations, but a code of professionalism which includes our responsibility to the public to act with civility, honesty and integrity.

Our Code of Professionalism states as follows: “The legal profession is a learned calling. As such, lawyers should act with honesty and integrity and be mindful of our responsibility to the judicial system, the public, our colleagues, and the rule of law. We, as lawyers, should always aspire to the highest ideals of our profession.

My word is my bond.

I will conduct myself with honesty, dignity, civility, courtesy and fairness and will not engage in any demeaning or derogatory actions or commentary toward others.

I will not knowingly make statements of fact or law that are

Take a Guess!

What is the rarest M & M color?

Which two U.S. States do not observe Daylight Saving Time?

Answers on page 16

untrue or misleading and I will clearly identify for other counsel changes I have made in documents submitted to me.

I will be punctual in my communication with clients, other counsel and the court. I will honor scheduled appearances and will cooperate with other counsel in all respects.

I will allow counsel fair opportunity to respond and will grant reasonable requests for extensions of time.

I will not abuse or misuse the law, its procedures or the participants in the judicial process.

I will cooperate with counsel and the court to reduce the cost of litigation and will not file or oppose pleadings, conduct discovery or utilize any course of conduct for the purpose of undue delay or harassment of any other counsel or party.

I will not engage in personal attacks on other counsel or the court or use the threat of sanctions as a litigation tactic.

I will support my profession’s efforts to enforce its disciplinary rules and will not make unfounded allegations of unethical conduct about other counsel.

I will work to protect and improve the image of the legal profession in the eyes of the public.

I will endeavor to improve our system of justice.

I will use technology, including social media, responsibly. My words and actions, no matter how conveyed, should reflect the professionalism expected of me as a lawyer.

I will seek opportunities to be of service to the bench and bar and assist those who cannot afford legal help.

I will be supportive of new members in the profession.

I will stay informed about changes in the law, communication, and technology which affect the practice of law.”

This Code of Professionalism outlines the virtues of our profession and standards by which we should conduct ourselves not only in a case but also in general. If we fall into the same rhythm of divisiveness of those around us, we become no better than anyone else practicing vitriol. If we become indifferent, then we fall in line with the rest of those who fail to see the importance in the structure of our society. If the rule of law is not important to lawyers, to whom would it then be important?

So, going back to my original question, "What can we do?”

We can rise above the divisiveness happening around us, and represent our clients with the utmost level of professionalism while at the same time within the framework of the code above; stand up for the system of justice, those unfairly oppressed or aggrieved, and ensure the processes put in place by our laws and constitution are followed to protect the rule of law and ensure equal protection for all. If a lawyer doesn’t stand up, who will?

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OFF THE

BEATEN PATH

AN INTERVIEW WITH A PRESERVATIONIST, HALLIE COREIL Apparently, historic preservation as a non-legal hobby is odd enough to land oneself “Off the Beaten Path,” but not quite interesting enough to warrant an interview. Fortunately, talking-to-myself is another hobby. Please enjoy my conversation with myself.

Ms. Coreil: So, you’re into historic preservation.

Like, REALLY into historic preservation. Why? Hallie: I am passionately, unreasonably even, inspired by old stuff. Some people, like passengers in my car, might call it a fault as I swerve into a ditch for a glimpse of an old house peeking through the woods. Whether vice or virtue, my fascination with all things old - buildings, trees, books, furniture, people - is innate and beyond curing.

But it’s more than just loving old houses. It’s also about culture and everything else that shapes how we love where we are. These are sub-concepts of place - the idea that the individual sense of place substantively benefits society as a whole.

local organizations for the cause. I live in Washington, a historic town full of preservation and revitalization opportunities. Taking it a step further, I recently launched a small press, Earth + Ether Press, dedicated to promulgating books that celebrate historic preservation (A new way to love old houses.) This includes a blog with reviews of books for old house lovers and updates on the law of place.

Anyone interested in historic preservation or place can sign up for the quarterly e-newsletter, EEPost, which features book and place recommendations, the Law of Place Corner, and spotlights on other place-supporting bloggers, writers, artists, entrepreneurs, etc. Check it out and sign up at www.earthandetherpress.com.

Ms. Coreil: Are you working on any other interesting projects?

Hallie: I’m helping with the Historic Washington Tour project. We’re developing walking/biking trails through the town’s historic district, with historic markers and coordinating maps. I’ve gotten to dig into the town’s 300-year-old history and bully people into caring about our significant and diverse architecture and culture.

Ms. Coreil: Whoa. Calm down. … Any advice for aspiring preservationist?

Hallie: There are many ways to offset the expenses of saving a historic building, like grants and tax credits. Folks who know about these things should be your best friends. As should a good paint scraper.

Ms. Coreil: That’s deep. Explain.

Hallie: That’s beyond the scope of this “interview.”

Ms. Coreil: Fine. Then tell us about some of things you’re doing for this problem passion.

Hallie: When I realized I couldn’t afford to buy every old house that needed saving, I started looking into ways to convince other people to save historic buildings. That led me to join the National and Louisiana Trusts for Historic Preservation and other

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Access to Justice

A report of the Lafayette Bar Dave Ernest Lafayette Bar Foundation Chair

The Louisiana Bar Foundation (LBF). What is it? It is the largest funder of civil legal aid in Louisiana. It funds programs all across the state of Louisiana, including here in Lafayette.

Our Lafayette Bar Foundation receives its largest grant from the LBF. Those funds are used to operate the Lafayette Volunteer Lawyers program. Our foundation has a long history of partnership with the LBF. Through the LBF’s capital development program, our Foundation was able to purchase the building on Johnston Street, that the Foundation and the Lafayette Bar Association and you as members enjoy today.

For those not involved with the Foundation, there is a lot more to the foundation that everyone should know. It is a 501(c)(3) non-profit organization, which means that contributions to it are tax deductible. Unlike the Louisiana Bar Foundation, where membership is mandatory, the LBF is a voluntary group whose members join as fellows. You can join by visiting its website at raisingthebar.org.

Since 1989, the LBF has distributed more than $102.3 million to hundreds of Louisiana non-profit organizations – again our foundation is one of them. Those funds come from a number of different sources. The largest source is from the Louisiana Supreme Court’s Interest on Lawyers Trust Account program commonly know as IOLTA. The LBF is also the administrator for the Louisiana Children in Need of Care Program, otherwise known as CINC. That program provides free legal representation to all children in foster care. The LBF, through its funding also provides assistance to women, children, elderly, people with disabilities, newly unemployed, those facing loss of their homes, disaster victims, veterans and military families, and many others.

The LBF’s biggest fundraiser is its annual fellows’ Gala.

2022 marks the 36th Gala. This year, after a brief absence due to what else but the pandemic, it returns to the New Orleans Hyatt Regency on Friday evening, April 22. This black-tie and evening gown affair is quite an enjoyable celebration. The event honors the LBF Distinguished Honorees and recognizes the Calogero Justice Award Recipients. This year’s award recipients are Distinguished Jurist Carl J. Barbier, U.S. District Court Eastern District of Louisiana; Distinguished Attorney Gordon L. James, Hudson, Potts & Bernstein, L.L.P.; Distinguished Professor Dian Tooley-Knoblett, Loyola University College of Law and Calogero Justice Award Hillar C. Moore III, East Baton Rouge District Attorney.

I encourage you to join in the celebration. If you are interested in becoming a sponsor or attending the gala, you can visit the website at raisingthebar.org or contact Danielle J. Marshall at the LBF office at (504) 561-1046. I also encourage you to become a fellow and support the mission and goals of the LBF.

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YOUNG LAWYERS SECTION AN UPDATE FROM PRESIDENT

DEREK ASWELL

It seems every time it feels we are getting close to normalcy; another curve ball is thrown our way. Regardless, YLS continues to adapt through this frustrating time due to the great work of our members. With this new year, we look forward to the YLS upcoming programs, while also adjusting, as necessary to ensure the health and safety of our membership and those we serve. We will make all attempts continue socials, health and wellness programs, continuing legal education and other events while balancing socializing with the restraints of the public health concerns. Earlier this year, it was necessary to postpone the Red Mass along with the tradition of swearing in of new members of the bar at the 15th JDC. However, we will be rescheduling this event and will keep everyone updated.

What makes YLS such a great affiliate is that it promotes service to the community as much as it promotes professional growth. The Community Outreach Committee, who is charged with organizing and promoting programs that serve the community delivered once again for one of its most visible programs, the annual Holiday Giving Project. This year, the Holiday Giving project raised significant funds for Second Harvest, our local community food bank. We raised $1,200 by receiving generous donations from LBA members.

We thank all of you for your contribution in making the holidays brighter for many of those in need in our community.

Additionally, it is imperative that we celebrate the great work of our membership. The Awards and Grants Committee recognized the achievements of our members by nominating them for annual LSBA awards for the Young Lawyers Division of the Louisiana State Bar Association. The YLS nominated for Golf Tournament for Program of the Year, Kenny Hebert for Professionalism Award, Jonathan Jarrett for Pro-Bono Work, and Roya Boustany for Young Lawyer of the Year. I am confident these nominees will be recognized at the YLD Annual Meetings taking place in New Orleans in April.

The Mock Trial Committee has announced a date for the upcoming competition on March 5, 2022. It was recently announced that the State Tournament will be taking place remotely this year, and we are currently weighing a decision as to whether to proceed in person. The annual Mock Trial Competition provides area high school students the opportunity to develop and refine their public speaking skills before judges and lawyers. There are several teams registered, and the committee is still receiving applications. We continue to encourage our membership to contact schools they are associated with to develop programs to prepare for this highly educational experience. Please contact us if you are interested in volunteering or know of schools who may be interested.

Finally, the YLS Annual Golf Tournament will be held on Friday, March 11, 2022 at the Wetlands Golf Course. We hope to continue the great participation in this event.

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Family Law Section News PRESIDENT DYAN SCHNAARS PRESIDENT'S MESSAGE

There have been some recent changes in the law of which you should be made aware. On June 11, 2021, Louisiana Governor John Bel Edwards signed into law Act 176 making substantial changes to Louisiana’s procedural rules governing answers and the taking of default judgments, which took effect on January 1, 2022.

Included in the changes are an extension of discovery deadlines and elimination of preliminary defaults in divorce.

Louisiana has provided additional time for defendants to file an answers. Instead of the previous 15-day period to file an answer, Defendants now have 21 days to file an answer after service of citation is made. La. C.C.P. art. 1001. If a plaintiff files and serves a discovery request with the petition, the defendant shall have 30 days to file an answer. Id. When an exception is filed prior to an answer and is overruled or referred to the merits, an answer shall be filed within 15 days after such overruling or referral. Id. Previously an answer was required within 10 days.

The default judgment procedure has also been significantly overhauled. The term Preliminary Default has been eliminated from the law. The new procedure provides that if a defendant fails to answer within the time prescribed by law, the plaintiff must establish a prima facie case by competent and admissible evidence and prove proper service on the defendant. La. C.C.P. art. 1702.

If a party who fails to answer has made an appearance of record in the case or has contacted the plaintiff in writing after filing, notice of the intention to obtain a default judgment must still be sent by certified mail to counsel of record of the party (or to the party if there is no counsel at the address where service was obtained) at least seven days before a default judgment may be rendered. Id. As to default judgments for divorce actions under Louisiana Civil Code Article 103(1), if the defendant, by sworn affidavit, acknowledges receipt of a certified copy of the petition and waives formal citation, service of process, all legal delays, notice of trial, and appearance at trial, a default judgment of divorce may be entered against the defendant two days after the filing of such affidavit, exclusive of legal holidays. Id. Finally, under HB140, starting January 1, 2022, you must include your e-mail address on papers you file in STATE courts in Louisiana. Your e-mail address goes in the place on the court papers with your signature, your printed name, your address and your phone number. If you do not have an e-mail address, you must list a physical address and not a post office box or someone else’s address where you receive mail.

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PRO BONO

HONOR ROLL the following attorneys have accepted one or more Pro bono cases in the past two months Stuart Breaux Southern Lifestyle & Development Claire David Liskow & Lewis Dean Doherty Law Office of Dean A. Doherty, LLC Kay Karre Gautreaux Kay Karre Gautreaux, LLC Luke Habetz O'Pry Law Firm Brenda Piccione Piccione & Piccione Phillip Smith NeunerPate

GET INVOLVED BEING INVOLVED IN PRO BONO IS A REWARDING EXPERIENCE AS YOU GIVE BACK TO THE COMMUNITY, GAIN EXPERIENCE IN THE COURT ROOM, AND EARN CLE CREDIT. CONTACT MARILYN AT THE LBA TO GET INVOLVED. Marilyn@lafayettebar.org | 337.237.4700 x 102

CRIMINAL LAW SECTION AN UPDATE FROM PRESIDENT LAUREN HUE

Happy New Year from the Criminal Law Section! Our next meeting is March 3, 2022 at 4:30 p.m. with a CLE to follow. Our speaker is Clare S. Roubion on Ethics: Recent Developments in Criminal Law. It is also that time of year in which we select a new panel of officers.

We will be selecting the section’s new president, vice president, secretary and treasurer at the next meeting.

As this will be my last message, let me just say that it has been a pleasure serving as the President of the Criminal Law Section. It has been the highlight of my year serving my community alongside my colleagues. I hope we, as members of the bar and the section, can continue to promote our mission: the development of the criminal justice system in Lafayette and the surrounding jurisdictions through regular gatherings and educational events.

ADVERTISE IN THE PROMULGATOR If you are interested in advertising in The Promulgator for the 2022 calendar year, please email katie@lafayettebar.org for more information.

If you are interested in joining the Criminal Law Section, section membership is open to any current LBA member. Annual dues are $25 in addition to your LBA membership dues. To learn more about the section, I encourage you to contact one of the officers or the LBA staff.

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GOING ON A LION HUNT: THE DO'S AND DON'T OF JUDICIAL RECUSAL By: CLARE ROUBION

Moving to recuse a judge is a dangerous game. One of my law school professors likened it to hunting a lion—something that you better not do unless you’re sure that you can kill it.

Recklessly moving to recuse judges will swiftly earn a lawyer a reputation for being unprofessional. Even a well-meaning lawyer who loses a recusal motion may be left with an unhappy lion.

Is it even possible to file a recusal motion without suffering some professional consequences? Yes, by keeping the motion and ensuing motion practice highly professional. Here are some suggestions.

1. Know Your Audience.

A lawyer must identify their judge early in the litigation and evaluate whether any relationships with the lawyers, litigants, or witnesses give rise to a viable motion to recuse. Learning about the judge will help a lawyer anticipate the judge’s range of possible reactions to the request for recusal. Some judges will be receptive to a litigant’s motions to recuse. Other judges, however, will be upset by any challenge to their impartiality.

Understanding and appreciating the personality and history of a given judge will assist a lawyer in formulating the best litigation strategy to achieve his client’s objectives.

2. Avoid Making It Personal.

Almost everyone, including judges, respond to personal attacks defensively. Lodging a personal attack against a judge is a sure way to provoke such a response. Such personal attacks are also entirely unnecessary. This is because both the United States Constitution and Louisiana statutory law directs the judge hearing the recusal motion to employ an objective standard when considering a motion to recuse. See U.S. Const. amend XIV; see also Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009); La. Code of Civ. Proc. art. 151(B). This means that evidence of a judge’s actual bias is not necessary to require recusal. Rather, the court must determine whether, as an objective matter, the

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average judge in his position is likely to be neutral, or whether there is an unconstitutional potential for bias.

3. Don’t Abuse The Process.

It is critical to understand the outer bounds of the bases for judicial recusal while recognizing which relationships provide fertile ground to argue for recusal under the objective standard.

For example, do not argue that the judge should be recused based on adverse rulings alone. However, you can argue that a lawyer or litigant’s exceptionally large contributions to the presiding judge’s judicial campaign require recusal. Don’t file a motion to recuse if you don’t have the law and the facts on your side. Moreover, a lawyer should be very cautious when arguing that their own actions—and the subsequent response to those actions by the judge—provide a ground for judicial recusal. A lawyer must remain mindful that the delayed filing of a motion to recuse after the matter has been set for trial may be perceived as conduct causing unnecessary delay and as needlessly increasing the cost of litigation. As such, the filing of a motion to recuse for an improper purpose may result in the judge imposing sanctions on the filing lawyer.

4. Consider Bringing In Co-Counsel.

This applies to both litigating a motion to recuse and following a lawyer’s decision not to seek a judge’s recusal. Counsel of record can bring in outside counsel for the limited purpose of litigating a motion to recuse. Prudent lawyers concerned with souring their relationship with the presiding judge may want to consider letting outside counsel take the lead on requesting recusal. Involving outside counsel in the recusal litigation permits the lawyer who will remain in the matter to distance himself from any taint left by pursuing the issue of recusal.

Involving outside counsel may also be useful when the lawyer believes he and the judge do not get along well but decides that the law and the facts do not justify requesting recusal. Under those circumstances, including co-counsel in the litigation may help diffuse any perceived animosity between a lawyer and the

be perceived as prejudicial to the administration of justice.

Finally, a lawyer may consider bringing along a hunting buddy.

Under the right circumstances, a lawyer may have a successful hunt. However, in the event of an unsuccessful hunt, a judicious lawyer who conducted himself professionally throughout the recusal litigation should have no fear about appearing in court to again face the lion.

judge. Ultimately, a lawyer concerned about their relationship with the presiding judge should consider whether retaining outside or co-counsel may protect their client’s interest in the litigation.

5. Communication Is Key.

A lawyer should consider requesting a status conference with opposing counsel and the judge to introduce the recusal issue prior to filing a formal motion. The benefit of this is at least twofold. First, this may spare your client the financial burden of litigating the motion to recuse. As a lawyer on the case, you may have a greater appreciation of the interests and individuals involved in the litigation. For this reason, the judge may not immediately realize that a potential ground for recusal exists. Alerting the judge to a potential issue may result in the judge self-recusing and freeing your client of the burden of participating in recusal proceedings. Second, the presiding judge may appreciate the professional courtesy of advance notice. A lawyer may consider suggesting to the judge that the client brought up the issue of recusal and that the lawyer must now respond to the client. Indicating that the client raised the issue of recusal allows a lawyer to simultaneously distance himself from the issue of recusal while also presenting the issue to the judge for consideration prior to requesting recusal.

A lawyer should always take proper care and caution prior to going on a lion hunt. This includes investigating the facts, researching the law, and communicating the possible risks and rewards to the client. A lawyer on a lion hunt should not attack with personal blows and should avoid any conduct that could

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THE LBA MEDIATION CENTER The Lafayette Bar Association invites you to take advantage of our meeting facilities.

The Lafayette Bar Mediation Center was strategically designed to meet and exceed myriad dispute resolution and presentation needs. It is the premier venue for mediations, depositions, and meetings in the area.

Amenities of the Mediation Center: 1. Comfortable Furnishing & Efficient Layouts 2. Refreshments & Snacks 3. Optional Lunch Service 4. Fast, Secure Wifi Connection by LUS Fiber 5. A/V Equipment 6. Video Conferencing Equipped with 42-inch Flat Screen TV

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Former US Marshals Service Leader Don Washington Returns to Jones Walker The former director of the US Marshals Service, Donald Washington has returned to Lafayette and to his position as a partner at Jones Walker LLP. Working from the firm’s Lafayette office, Washington will resume his practice with the corporate compliance and white collar defense team within the firm’s Litigation Practice Group.

“We are very proud of Don’s leadership of the US Marshals Service, and we are pleased to have him as our partner again at Jones Walker,” said Bill Hines, managing partner of Jones Walker.

Washington was appointed by former President Donald Trump to serve as the director of the country’s oldest federal law enforcement agency from 2019 to 2021. During his leadership, Washington developed and established key agency priorities and strategies and oversaw the operations of nearly 5,500 US marshals, deputy marshals, criminal investigators, detention enforcement officers, and administrative staff. He led the storied agency through multiple operations to address the rise in violent crime, the turbulence of civil unrest, and the COVID-19 pandemic occurring in the United States and its territories, while protecting the federal judiciary, witnesses, and courts.

“While it was an honor to serve our country and lead the US Marshals Service, it is a pleasure to return home to my colleagues at Jones Walker. I look forward to collaborating with our team and being able to use some of my recent experience to enhance the exceptional client service we provide to our clients,” said Washington.

Going Above and Beyond in Lafayette.

During his term with the US Department of Justice (DOJ), Washington held a number of leadership positions, including on the Attorney General’s Advisory Committee; the DOJ-sponsored Executive Committee for Federal Prosecutors, State Attorneys General, and District Attorneys; and the DOJ’s Terrorism, Controlled Substances, and Native American Issues committees.

Earlier in his career, Washington served as US Attorney for the Western District of Louisiana from 2001 to early 2010. As the chief federal law enforcement officer in that district, he led federal investigations and trial teams as well as prosecuted cases involving criminal and civil violations of federal law. “Don is a respected member of our law firm and the greater legal industry, and I am certain that his most recent role and his past experience in the US Attorney’s Office will bolster our ability to provide excellent client service and train the next generation of Jones Walker litigators and other attorneys,” said Hines.

Donald Washington, Partner Corporate Compliance & White Collar Defense Practice dwashington@joneswalker.com 337.593.7624

Jones Walker LLP is proud to welcome back Donald W. Washington to the Lafayette office.

Kyle M. Bacon Lafayette Office Head kbacon@joneswalker.com

600 Jefferson St | Suite 1600 Lafayette, LA 70501 337.593.7600

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HEALTH & WELLNESS with Claire Edwards

Hi, I’m Claire and I’m the parent of a threenager. This child was developed (I was pregnant with him) when I was in court at least 2-3 times per week. He is therefore very headstrong and loves power struggles. Fortunately for him, I can write off parenting books as part of my family law practice. So I bought Peaceful Parent, Happy Kids: How to Stop Yelling and Start Connecting by Laura Markham (published in November 2012) to help talk with my clients about their own emotions so they can parent with healthy limits, empathy, and clear communication. This book includes details on affect regulation, which means the child behaves how the parent behaves when they are around them. Why would this concept be useful for non-parent-lawyers and parent-lawyers alike? Because lawyers are around our clients and staff and our emotions certainly rub off on them.

In fact, in January 2016, Wyoming Law Review published Emotion Regulation for Lawyers: A Mind Is a Challenging Thing to Tame by Debra Austin and Rob Durr.

While I highly recommend for everyone to read this article in its entirety, here are some important findings from this article: • “[Emotional intelligence (“EI”)] is defined as our capacity for recognizing our own feelings and those of others, for motivating ourselves, and for managing emotions well in ourselves and our relationships. It is a significant force behind professional success.” Id at 389.

• “Greater rates of EI lead to increased happiness, life satisfaction, and wellbeing rates, and, therefore, are thought to decease lawyer burnout. Unlike IQ, which does not change significantly over a lifetime and is only thought to account for about twenty-five percent of overall success, EI evolves and increases with one’s desire to learn and grow.” Id at 390.

• “Cognitive therapy patients are taught that how they make sense of their environment and situation directly influences how they feel. Thus,

by monitoring their appraisal, interpretations, explanations, attributions, and self-talk, they can change how they feel. This psychological process plays out for lawyers as well.” Id at 39 • The article goes on to describe the human brain, the brain’s response to emotion, and the human nervous system. Science!

• By the end of the article, the authors suggest the following to strengthen a lawyer’s emotional regulation capacity (you will not be surprised that this matches with many of my prior articles): • Aerobic exercise- it helps increase blood and oxygen flow to the brain • Adequate sleep- enhances memory consolidation (“The communication rate between neurons during REM sleep is equal to or higher than when a lawyer is awake, and two of the most active areas of the brain during sleep are the hippocampus and the amygdala.” Id at 406) • Meditation- increases ability to prioritize and focus on one thing at a time • Recommendations to develop emotional regulation: Self awareness, Mindfulness, and instituting the Process Model for Emotional Regulation.

• My closing quote to you, dear reader, from Emotion Regulation for Lawyers focuses on mindfulness: “[Mindfulness] requires paying attention to the moment (awareness) with acceptance and without judgment (reflection). Being mindful also allows a lawyer to control his or her attention and place it where he or she intends. It provides a space between awareness and judgments or reactions. Research on mindfulness indicates that it enhances the insula in the thinking brain, increases gray matter and connections between brain regions, decreases distraction, improves immune function and anxiety, and equips the brain to notice patterns and situations before response become overly-reactive.” Id at 407 Footnote text: Austin, Debra S. and Durr, Rob, Emotion Regulation for Lawyers: A Mind Is a Challenging Thing to Tame (December 4, 2015). 16 Wyo. L. Rev. 387 (2016)., U Denver Legal Studies Research Paper No. 1560, Available at SSRN: https://ssrn.com/abstract=2699330

THE GRAPEVINE The LBA would like to congratulate Jason M. Welborn and Jacob H. Hargett on the one year anniversary (April 6th) of their new firm, Welborn & Hargett, LLC located at 1540 W. Pinhook Road.

The LBA would like to congratulate Jason M. Welborn of Welborn & Hargett, LLC on being selected to the Executive Committee of the Louisiana Association for Justice.

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The Lafayette Bar Foundation hosted the Champions of Justice Awards Breakfast on Friday, October 29, 2021 at the Petroleum Club. This event was hosted to honor the volunteer attorneys of the Lafayette Bar Foundation Pro Bono Programs.

OUTSTANDING PRO BONO ATTORNEY AWARDS

Katelyn Bayhi Dean Doherty Valerie Guidry Jonathan Jarrett David Kaufman William Keaty II Emily Latiolais

Craig Little Dyan Schnaars Geralyn Siefker Sarah Simmons Phillip Smith L. Shaun Trahan George Andrew Veazey

OUTSTANDING COUNSEL ON CALL AWARD David Kaufman OUTSTANDING PROTECTIVE ORDER AWARD Phillip Smith & Jonathan Jarrett OUTSTANDING H.E.L.P. AWARD Valerie Guidry OUTSTANDING PRO BONO AWARD Jonathan Jarrett OUTSTANDING SOLO PRACTITIONER AWARD David M. Kaufman OUTSTANDING SMALL FIRM AWARD Veazey Felder & Renegar, LLC OUTSTANDING MEDIUM FIRM AWARD Davidson, Meaux, Sonnier, McElligott, Fontenot, Gideon & Edwards OUTSTANDING LARGE FIRM AWARD NeunerPate TAMMY DEROUEN OUTSTANDING SERVICE TO THE BAR AWARD Marilyn Lopez THE STEVEN JAMES MATT BEYOND THE BOOKS AWARD Katelyn Bayhi

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Brown | Arizona & Hawaii

2022 LBA GOLF TOURNAMENT @ THE WETLANDS GOLF COURSE FRIDAY, MARCH 11, 2022

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(Reprinted from Louisiana Bar Journal, Vol. 69, No. 4, December 2021/January 2022) Effective Jan. 1, 2022: Act 174 Addresses New Default Laws

By Scott L. Sternberg For years, professionalism seminars have echoed a maxim against defaults without “fair” notice.

Mentors (such as this author’s) implore lawyers to pick up the phone (or send an email) before rushing to default a defendant. It’s also likely good practice — as the ability to annul a default without ironclad notice is often one of the first tasks of a young associate or solo practitioner across Louisiana.

A new law, which goes into effect on Jan. 1, 2022, not only does away with preliminary defaults, it effectively mandates a “fair” default, in the author’s own words. It extends the answer deadline from 15 to 21 days and amends other answer deadlines.

The law, by state Rep. Robby Carter of Amite, updates the terminology of the default laws, requires certified mail notice if an attorney has informally reached out to counsel, and eliminates completely the “preliminary default” from the Code of Civil Procedure.

Rep. Carter testified in the House Civil Law Committee in April 2021 that his intent was always to eliminate preliminary defaults, which were a function of the clerks of court and delayed the taking of default judgments under the old law. Under the old law, in essence, in the filing of the “preliminary default,” the clerk certified that no answer or responsive pleadings had been filed, and then the attorney could take a default judgment after certain delays ran.

Rep. Carter said he has been attempting to eliminate preliminary defaults for 20 years and, in the 2021 Regular Legislative Session, he finally achieved his goal. Despite being traditionally protective of their fees, the Clerks of Court Association did not oppose Rep. Carter’s HB 164 during the session, perhaps signaling the practical necessity of the change. The change was also supported by the Louisiana State Law Institute.

After significant debate on the House and Senate side, and some dissent in the relevant committees, the amended bill passed with flying colors. After passage, Gov. John Bel Edwards signed HB 164 into law — becoming Act 174.

Accordingly, everything you used to know about answering petitions and taking defaults needs to be updated. Perhaps most importantly, with Act 174, the preliminary default was erased from the law. The bill also changes the deadline to answer significantly from 15 days to 21 days and, after denial of an exception, from 10 days to 15 days. If discovery requests are made at the time of filing, the defendant has 30 days to file an answer before they may be defaulted.

In testifying in front of the House Civil Law Committee, 1st Circuit Court of Appeal Judge Guy P. Holdridge, representing the Louisiana State Law Institute, stated that the new law effectively legislates professionalism. By example, the new La. C.C.P. art. 1702(A) requires that, seven days before taking a default, the defaulting attorney provide notice via certified mail seven days before the default is taken if the party (or their attorney) has made any appearance or if an attorney has contacted the plaintiff’s counsel and indicated they will be representing the defendant. If no appearance or contact has been made, notice must be sent by regular mail. A default may be taken only seven days after the notice.

The new law and the revised Code of Civil Procedure articles are available on the Louisiana Legislature’s website: http://legis.la.gov/. As Judge Holdridge testified, experience teaches most that taking a default should only happen after professional efforts are made. Still, the rules have changed to require those professional efforts. Expect a slow implementation as practitioners across the state get used to the “new” default rules.

Scott L. Sternberg is a founding partner of Sternberg, Naccari & White, L.L.C, with offices in New Orleans and Baton Rouge. In addition to his litigation and business practice, he is general counsel to the Louisiana Press Association. He is currently serving as a First District representative on the Louisiana State Bar Association’s Board of Governors and is a member of the Louisiana Bar Journal’s Editorial Board. He is a former chair of the LSBA’s Young Lawyers Division. (scott@snw.law; Ste. 2020, 935 Gravier St., New Orleans, LA 70112)

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