Masters of the Courtroom SM. Ethics

Transcription

1 Masters of the Courtroom SM Ethics The Hon. Jane Triche Milazzo, USDC - EDLA Kim E. Moore, Irwin Fritchie Urquhart & Moore LLC Wanda Anderson Davis, Leefe, Gibbs, Sullivan & Dupré, LLC Course Number: Hour of Ethics CLE December 12, :10 6:10 pm

2 Jane Triche Milazzo was sworn in as a United States District Court Judge for the Eastern District of Louisiana on October 12, Judge Milazzo was nominated by President Obama on March 13, 2011 and was unanimously confirmed by the United States Senate on October 11, Judge Milazzo graduated from Nicholls State University in 1977, and taught elementary school for several years. In 1986, she went to work for her father as his legal assistant and eventually found her way to law school. She graduated from LSU Law school in After graduation, she immediately went into practice with her family, Law Offices of Risley Triche, LLC, where she engaged in a general practice. In 2008, Judge Milazzo was elected to the 23 rd Judicial District Court without opposition. She was the first female elected to that position. During her years in private practice, Judge Milazzo was active in several legal organizations and served as president of both the Assumption Parish Bar Association and the Twenty-Third Judicial Bar Association. She was also a member of the Louisiana State Bar Association House of Delegates where she served as a member of the Legislative Committee and as chair in As a state district judge she served on the executive committee of the District Judges Association. She currently serves on the Board of Directors for the New Orleans Federal Bar Association. Judge Milazzo is married to John Milazzo, Jr. and has four children, Richard Perque, Anne Perque Schmidt, Jerome Perque and K. Joseph Perque, Jr. and two step-children, Jack Milazzo and Jennifer Milazzo Bailey; they have three grandchildren. She is the daughter of the late Risley Pappy and Clara Triche of Napoleonville,.

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5 Wanda Anderson Davis was born in Lutcher, Louisiana in Mrs. Davis received her Bachelor of Arts degree in Broadcast Journalism from Louisiana State University in Thereafter, she graduated cum laude from Southern University Law School in She immediately relocated to Washington, D.C., where she was one of twelve lawyers selected from across the United States to represent the United States Department of Labor. A year later, Mrs. Davis moved to New Orleans, Louisiana and represented the Regional Transit Authority in personal injury litigation and corporate law. Mrs. Davis then joined the firm of Berrigan, Danielson, Litchfield, Olsen and Schonekas as a trial attorney. Mrs. Davis was solicited to join the Law Offices of Ronald Ronzello in 1987 where she worked for almost ten years and achieved senior trial attorney status with special emphasis in personal injury litigation, corporate law and commercial litigation. Mrs. Davis joined the firm of Leefe, Gibbs, Sullivan & Dupré as a member in November of 2002, and handles various kinds of cases, but her primary emphasis is in the area of defense litigation, corporate law and commercial litigation. She is licensed to practice law in the State of Louisiana and the Federal Courts of the United States. Mrs. Davis argued cases before all levels of courts in the state of Louisiana, including the Louisiana Supreme Court. Mrs. Davis has attended the Defense Counsel Trial Academy in Boulder, Colorado. Contact Information Office Telephone: wadavis@leefegibbs.com Mrs. Davis is a member of many professional organizations. She has been a member of the Louisiana State Bar Association since 1985, where she has served in many capacities and was the Chairperson of the Minority Involvement Section of the Bar from 1995 to In 1996, Mrs. Davis was appointed by the Louisiana Supreme Court to serve as a Disciplinary Hearing Committee Member to discipline fellow attorneys for ethical violations. From 1992 to 1994, she served as the Chairman of the Board for the Louisiana Center for Legal and Civic Education. Mrs. Davis is married to Charles Ray Davis and has two beautiful children, Rayanda and Devin Davis. She is the daughter of Louis and Shirley Anderson of Reserve, Louisiana.

6 THE ZEALOUS ADVOCATE An Ethics Briar patch? Obligations of Louisiana Lawyers Support the constitution of the United States Support the Constitution of Louisiana U h ld th l d bid b th R l Uphold the law and abide by the Rules of Professional Conduct 1

7 Rules of Professional Conduct Rule 1: Rule 2: Rule 3: Rule 4: than Rule 5: Rule 6: Rule 7: Rule 8: Client/Lawyer Relationship Counselor Advocate Transactions with Persons Other Lawyers Law Firms and Associations Public Service Advertising and Solicitation Maintaining the Integrity of the Profession Client/Lawyer Relationship Competence Rule 1.1 Competence (a) A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. 2

8 Diligence Rule 1.3. Diligence A lawyer shall act with reasonable diligence and promptness in representing a client. Conflict of Interest Rule 1.7. Conflict of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. Rule 1.8. Conflict of Interest: Current Clients: Specific Rules (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless 3

9 Zealous Advocacy A lawyers obligation of competence, diligence and avoiding conflicts of interest strongly implies that an attorney owes his client a duty of zealous advocacy. The Briar Patch However The Rules place substantial limitations on the advocacy and requires an advocate subordinate the interests of his client to his duty to the tribunal and his profession. 4

10 Meritorious Claims and Contentions Rule 3.1. A lawyer shall not bring or defend unless there is a basis in law and fact for doing so that is not frivolous, A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Expediting Litigation Rule 3.2. A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client. 5

11 Candor Toward the Tribunal Rule 3.3. (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or 6

12 (3) offer evidence that the lawyer knows to be false. If has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes if false. (b) A lawyer who represents a client and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. 7

13 (d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse. Fairness to Opposing Party and Counsel Rule 3.4. A lawyer shall not: (a) unlawfully obstruct another party s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; 8

14 (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; (c) knowingly disobey an obligation under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists; (d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party; (e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or 9

15 (f) request a person other than a client refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client, and (2) the lawyer reasonably believes that the person s interests will not be adversely affected by refraining from giving such information. Impartiality and Decorum of the Tribunal Rule 3.5. A lawyer shall not: (a) seek to influence a judge, juror, prospective juror or other official i by means prohibited by law; 10

16 (b) communicate ex parte wish such a person during the proceeding unless authorized to do so by law or court order 11