LOUISIANA STATE BAR ASSOCIATION BOARD OF GOVERNORS April 21, 2012 * M I N U T E S *

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1 LOUISIANA STATE BAR ASSOCIATION BOARD OF GOVERNORS * M I N U T E S * President James J. Davidson III called to order the meeting of the Board of Governors of the Louisiana State Bar Association at 9:05 a.m., Saturday,, in New Orleans, Louisiana. Agenda Item 1. Roll Call Present were: President, James J. Davidson III President-Elect, John H. Musser IV Secretary, Richard K. Leefe Treasurer, Mark A. Cunningham Immediate Past President, Michael A. Patterson Chair, Young Lawyers Section, Shayna L. Sonnier First Board District Representative, Barry H. Grodsky First Board District Representative, H. Minor Pipes III Second Board District Representative, Stephen I. Dwyer Third Board District Representative, Dona K. Renegar Fourth Board District Representative, Winfield E. Little, Jr. Fifth Board District Representative, Darrel J. Papillion Sixth Board District Representative, Charles D. Elliott Eighth Board District Representative, Ronald J. Miciotto At-Large Member, Karelia R. Stewart At-Large Member, Franchesca L. Hamilton-Acker At-Large Member, Daniel A. Cavell From the Faculty of Loyola University College of Law, Monica Hof Wallace From the Faculty of Southern University Law Center, Russell L. Jones From the Louisiana State Law Institute, John Wayne Jewell House of Delegates Liaison Committee Chair, George B. Recile House of Delegates Committee on Liaison Member, Jeffrey A. Riggs House of Delegates Committee on Liaison Member, C. Kevin Hayes Also present were: Secretary-Elect, Edward J. Walters, Jr. Treasurer-Elect, Steven G. Buzz Durio Public Access and Consumer Protection Committee Chair, John E. McAuliffe, Jr. LSBA Lobbyist, Larry L. Murray Executive Director, Loretta Larsen, CAE Associate Executive Director, Cheri Cotogno Grodsky Access to Justice Director, Monte T. Mollere

2 Page 2 Director of Information Technology, Tony LaVerde Director of Member Outreach & Diversity, Kelly McNeil Legier Law Office Management Counsel, Shawn L. Holahan Executive Assistant, Jacqueline E. Gay Absent was: Seventh Board District Representative, Charles L. Kincade Agenda Item 2. Consent Calendar Upon motion by Mr. Cavell and second by Ms. Hamilton-Acker, the following items were unanimously approved without discussion or debate: a) Approval of Minutes - Consideration of approval of minutes from the January 20, 2012 meeting of the 2011/2012 Board of Governors held in New Orleans, Louisiana. b) Louisiana Center for Law and Civic Education Periodic report from the LCLCE, as required by the April 2010 cooperative endeavor agreement. c) House of Delegates Appointments Approval of appointments to vacancies in the House of Delegates. Agenda Item 3. At-Large Appointment to Board of Governors John H. Musser IV Mr. Musser announced that he had appointed Julie H. Kilborn of Baton Rouge as the atlarge representative to the Board of Governors for Agenda Item 4. Access to Justice Updates Monte T. Mollere Mr. Mollere reported on the 2012 Criminal Justice Summit and announced that Michael Schachtman, JD had been hired by the LSBA as Self-Represented Litigation Counsel. As indicated in the job description adopted by the Board in January 2012, he will support existing self-help programs and work to expand such programs throughout the state. Agenda Item 5. Fifth Annual Conclave on Diversity Report Kelly McNeil Legier Ms. Legier gave a report on the 2012 Conclave on Diversity in the Legal Profession. There were 275 attendees as compared to 195 in The demographics were very diverse and the speakers and interactive panel discussions were well-received. Ms. Legier announced that the 2013 Conclave would be held March 1 in Baton Rouge. Agenda Item 6. Committee to Develop Criteria for Recommendations for Appointment to the Committee on Bar Admissions Monica Hof Wallace

3 Page 3 Ms. Wallace, Chair of the Committee to Develop Criteria for Recommendations for Appointment to the Committee on Bar Admissins, gave a preliminary report from the Committee. The report consisted of a number of suggestions including increasing CLE hours for graders, Committee on Bar Admission members reporting halfway into their six-year term whether or not they will remain on the Committee for another term, and increasing the amount of assistant Bar examiners. Agenda Item 7. Consideration of Item(s) Removed from the Consent Calendar James J. Davidson III There were no items removed from the consent calendar. Agenda Item /2012 Budget Committee Mark A. Cunningham Mr. Cunningham reviewed the proposed amendments to the FY 2011/2012 budget, as recommended by the Budget Committee. He noted that the amendments resulted in an overall positive impact. Upon motion and second the Board unanimously approved the amendments. Agenda Item 9. Consideration of Award Recipients After review by Mr. Mollere and a brief discussion, the Board voted unanimously to approve award recipients as recommended by the Access to Justice Committee and Diversity Committee, with Mr. Little abstaining. Agenda Item 10. In Forma Pauperis Action Plan Monte T. Mollere Mr. Mollere presented the In Forma Pauperis Action Project as proposed by the ATJ Policy Committee. After a lengthy discussion, Mr. Cavell called the question and motioned to approve plan elements 1 through 3, and to defer action on plan elements 4 and 5 pending dissemination of additional information. The Board unanimously approved the motion. Agenda Item /2012 Audit Committee Report Michael A. Patterson Mr. Patterson, in his capacity as Chair of the Audit Committee, reviewed the following: a. FY 2010/2011 Audit The Board approved the FY 2010/2011 audit, which included an unqualified opinion from the auditor. b IRS Form 990 The Board approved the Association s IRS Form 990 for After a brief discussion, the Board unanimously approved both the Audit and the Form 990, and congratulated the staff on another unqualified audit opinion. Agenda Item 12. Baton Rouge Bar Association Sponsorship Request Loretta Larsen

4 Page 4 The Board considered a request from the Baton Rouge Bar Association for sponsorship of its Bench Bar Conference, which will take place July 26-28, in Orange Beach, Alabama. After a brief discussion and upon motion by Mr. Jewell and second by Ms. Renegar, the Board voted to approve the sponsorship, with Mr. Papillion abstaining. Agenda Item 13. Member Benefit Proposals Kelly McNeil Legier Ms. Legier reviewed the following proposals and recommended that they be approved: Renewal of Avis and Budget agreements to offer discount car rental services to members; Geico agreement which will offer members a 5% discount in insurance products; Job Target Career Center agreement which will provide customized job board available to LSBA members through LSBA.org; and SurePayroll agreement which will provide payroll services to LSBA members at a reduced rate. After a lengthy discussion and upon motion by Mr. Cavell and second by Ms. Wallace, the Board unanimously approved all of the proposals. Agenda Item 14. Recommendation from Public Access & Consumer Protection Committee James J. Davidson III Mr. Davidson gave a brief overview of the matter and introduced Mr. McAuliffe to present the recommendation of the Public Access and Consumer Protection Committee (which addresses the unauthorized practice of law). Mr. McAuliffe advised that the committee voted unanimously to recommend to the Board that the LSBA submit a limited amicus brief in support of writ application that the contract in Dan S. Collins, CPL & Associates, Inc., et al. v. Frank A. Godchaux III, et al. allows for the unauthorized practice of law and should be declared null and void. After a lengthy discussion and upon motion by Mr. Pipes and second by Mr. Elliott, the Board voted unanimously to accept the recommendation of the Public Access and Consumer Protection Committee, and further authorized the Executive Committee to retain counsel to draft the brief and authorize appropriate costs for same. Agenda Item 15. Check Signing Policy Mark A. Cunningham Mr. Cunningham introduced a recommendation from the Budget Committee to implement a new policy which provides for new check signing procedures, including allowing one of the two signatures to be electronic. Ms. Larsen reviewed existing procedures and how they compared to the proposed policy. After some discussion and upon motion by Mr. Musser and second by Mr. Grodsky, the Board unanimously approved adoption of the policy.

5 Page 5 Agenda Item 16. Legislation Committee Recommendations James J. Davidson III Mr. Murray and Ms. Holahan reviewed the recommendations developed by the Legislation Committee at its all-day meeting on April 14, with regard to positions on bills pending before the Louisiana Legislature during the 2012 Regular Session. After some discussion and upon motion and second, the Board voted to SUPPORT the following bills, in accordance with the recommendations of the Legislation Committee: HB 325 Increases the special cost assessed in criminal cases in each judicial district for the district indigent defender fund. (BOG member Karelia Stewart abstained) Policies adopted by House of Delegates in 2003, 2005 and 2007 authorize LSBA to support adequate funding of indigent defense system; to support and endorse individuals' constitutional rights to adequate access to defense services; and to provide reasonable resources to the system. HB 361 Provides relative to notaries. Offers workable solution to problem of insufficient number of notaries in rural parishes. HB 782 Provides with respect to certain contracts for the collection and settlement of debts as the practice of law. Addresses concerns about unauthorized practice of law (UPL) by debt counseling services. HB 980 Provides relative to warrants for arrest on indictments or bills of information. Provides for changes consistent with State v Rochon. SB 146 Prohibits public adjustors from acting as appraisers on claims they are adjusting. Consistent with past committee positions related to public adjusters. SB 259 Provides certain limitation of powers for non-attorney commissioned notaries. Removes authority of non-attorney notaries to draft wills and trusts, as well as any other document which transfers title to immovable property. After some discussion and upon motion and second, consistent with the recommendations of the Legislation Committee, the Board voted to SUPPORT the following bill with the amendment indicated: HB 132 Provides relative to service of process on attorneys. Amendment would ensure that service could only be accomplished upon lawyer or someone in his/her employ After some discussion and with the required super majority, the Board voted to take NO POSITION on the following bill for which the Legislation Committee recommended support: HB 512 Prohibits any notification of administrative sanctions form from being introduced as evidence. After some discussion and upon motion and second, the Board voted to OPPOSE the following bills, in accordance with the recommendations of the Legislation Committee:

6 Page 6 HB 195 Provides relative to motions for judgment on offer of judgment. Access to justice issue as it would shift defense costs to the plaintiff. HB 232 Provides for the liberative prescriptive period applicable to open accounts. Prescriptive period not in need of extension. HB 301 Constitutional Amendment relative to worker's compensation judges, provides for civil service status and terms of service. Bill focuses on judicial structure; refer to Louisiana State Law Institute for overall systemic review. HB 343 Provides with respect to the availability of jury trials in certain civil matters. Jury trial system needs comprehensive study by Louisiana State Law Institute or Louisiana Supreme Court. HB 417 Provides for access to jury trials when the amount in controversy exceeds $75,000. Jury trial system needs comprehensive study by Louisiana State Law Institute or Louisiana Supreme Court. HB 437 Provides with respect to civil jury trials. Jury trial system needs comprehensive study by Louisiana State Law Institute or Louisiana Supreme Court. HB 438 Provides for the inclusion of information in certain petitions related to latent disease, including asbestos and silica-related diseases. Policy adopted by House of Delegates in 2010 opposing creation of special rules favoring subclasses of parties. HB 440 Provides relative to venue for actions involving latent diseases. Policy adopted by House of Delegates in 2010 opposing creation of special rules favoring subclasses of parties. HB 443 Prohibits penalties against the La. Citizens Property Insurance Corporation in class action lawsuits. Would adversely impact individuals' rights against Citizens Insurance. HB 461 Provides relative to jury trials. Jury trial system needs comprehensive study by Louisiana State Law Institute or Louisiana Supreme Court. HB 472 Exempts La. Citizens Property Insurance Corporation from posting bonds. Would adversely impact individuals' rights against Citizens Insurance. HB 477 Provides disclosure procedures for asbestos and silica claims. Policy adopted by House of Delegates in 2010 opposing creation of special rules favoring subclasses of parties. HB 724 Provides relative to public defenders fees when a private attorney is subsequently enrolled. Creates access to justice issue as it would delay proceedings and result in inefficiency. HB 930 Provides for the creation of the Workers' Compensation Benefits Review Board. Bill focuses on judicial structure; refer to Louisiana State Law Institute for overall systemic review.

7 Page 7 HB 947 Amends provisions relative to midwifery licensing. Policy adopted by House of Delegates in 2010 opposing granting of civil immunities except under certain limited circumstances. HB 1192 Provides with respect to notaries. Flawed compromise by parties. Needs comprehensive study and solution rather than piecemeal approach. SB 119 Provides for administration of auto-injectable epinephrine by a school nurse. Policy adopted by House of Delegates in 2010 opposing granting of civil immunities except under certain limited circumstances. SB 127 Provides for the confidentiality of juvenile records. Inconsistent with goals of juvenile justice; opens proceedings to public. SB 187 Provides relative to the collection, analysis and reburial of exposed human skeletal remains from municipal and abandoned cemeteries. Policy adopted by House of Delegates in 2010 opposing granting of civil immunities except under certain limited circumstances. SB 194 Provides relative to arbitration awards and payment of attorney fees and costs. Creates fee-shifting provision and also unduly restricts arbitrators. SB 204 Includes La. Citizens Property Insurance Corporation among the entities exempt from furnishing bonds in judicial proceedings (identical to HB 472). Would adversely impact individuals' rights against Citizens Insurance. SB 349 Provides relative to monetary threshold necessary to request a jury trial. Needs comprehensive study by Louisiana State Law Institute or Louisiana Supreme Court. SB 358 Prohibits the recovery of penalties in class action suits again the La. Citizens Property Insurance Corporation. Would adversely impact individuals' rights against Citizens Insurance. SB 519 Provides relative to juvenile delinquency proceedings. Inconsistent with goals of juvenile justice; opens proceedings to public. SB 666 Provides for access to, and availability of, privileged information of offices subject to audit or review by the legislative auditor for such purposes. Infringes unduly on the fundamental concept of attorney-client privilege, and adversely impacts auditor's ability to audit boards, commissions, nonprofits, etc. Agenda Item 17. Report of the President James J. Davidson III Mr. Davidson reported on the following: a Annual Meeting (June 6-8) and Joint Summer School with Louisiana Judicial College (June 3-6) at Sandestin Golf & Beach Resort b. Outreach to Local & Specialty Bar Associations c. Free Seminars Jointly Sponsored with LADB d. Other Matters Agenda Item 18. Report of the President-Elect John H. Musser IV

8 Page 8 Mr. Musser waived his report. Agenda Item 19. Report of the Secretary Richard K. Leefe Mr. Leefe updated the Board on the Louisiana Bar Journal. The June/July issue will have the theme What Does the Bar Do for You? to provide more information on the LSBA s member services. Agenda Item 20. Report of the Treasurer Mark A. Cunningham Mr. Cunningham waived his report. Agenda Item 21. Report of the Immediate Past President Michael A. Patterson Mr. Patterson waived his report. Agenda Item 22. Report of the Young Lawyers Division Chair Shayna L. Sonnier Ms. Sonnier updated the Board on the current activities of the Young Lawyers Division including the high school Mock Trial Competition, law student members and the Wills for Heroes program. Agenda Item 23. Report of the Executive Director Loretta Larsen Ms. Larsen waived her report. Agenda Item 24. Report of the Associate Executive Director Cheri Cotogno Grodsky Ms. Grodsky provided a written report to update the Board on the Professional Programs Department. Agenda Item 25. Other Matters a. Bar Center Waterproofing Loretta Larsen Ms. Larsen presented a proposal for the Board of Governors to approve entering into an agreement with Advance Waterproofing for work on exterior of Louisiana Bar Center. This project will cost between $79,000 and $90,000. Upon motion and second, the Board unanimously approved the proposal and the allocation of funds for the project. b. Louisiana Civil Justice Center Loretta Larsen Ms. Larsen presented a request from the Louisiana Civil Justice Center that its Executive Director become an employee of the LSBA, with all expenses to be reimbursed

9 Louisianaa State Bar Association Page 9 by LCJC. After a brief discussion and upon motion by Mr. Elliott and second by Ms. Hamilton-Ack ker, the Board unanimously approved the proposal. c. MCLE Committee Update Daniel A. Cavell d. Joint Meeting of Bar Governance and Ad Hocc Legislativee Policy Committee John H. Musser IV Mr. Musser gave a report on the joint resolution to be submitted to the House of Delegates in June 2012 from the Ad Hoc Legislative Policy Committee and Bar Governance Committee, designed to codify some Legislation Committee policies and procedures. ADJOURNMENT Mr. Cavell reported to the Board on the following with respect to MCLE: i. Changes to the MCLE Rules to allow for certain types of stress reduction programs, with such programs limited to those specifically directed at attorneys and meeting other criteria ass will be defined by the Committee; ii. Changes to the Rules to require all Louisiana state court judges to earn a minimum of five of their required 12.5 hours from programs offered by the Louisiana Judicial College. There being no further business, the meeting wass adjourned at 2:15 p.m. Respectfully submitted: Richard K. Leefe Secretary May 15, 2012 APPROVED BY BOARD OF GOVERNO ORS JUNE 7, 2012 DESTIN, FLORIDA