Page 338 - 2024 Orientation Manual
P. 338
Subrogation
In the event reimbursement is made to an Applicant, the Louisiana Client Assistance
Foundation shall be subrogated in said amount and may bring such action as is deemed necessary or
desirable against the Lawyer, his or her assets or estate, either in the name ofthe Applicant, or in the
name ofthe Louisiana Client Assistance Foundation. The Applicant shall be required to execute a
subrogation agreement in said regard. Upon commencement of an action by the Louisiana Client
Assistance Foundation pursuant to its subrogation rights, it shall advise the reimbursed Applicant at
his or her last known address. An Applicant may then join in such action to assert a claim for his or
her loss in excess ofthe amount ofthe above reimbursement.
Confidentialitv
Applications, proceedings, reports and all other information gathered in connection with
applications for reimbursement, be it written or verbal, are confidential; however, this provision shall
not be construed to deny access to relevant information by professional discipline agencies or other
law enforcement authorities as the Committee shall authorize, in response to a subpoena from a court
of competent jurisdiction, or through the release of information, including amount of payment, narne
ofrespondent and summary ofrationale for payment, for publication in the Bar Joumal or other LSBA
publication.
Louisiana Client Assistance Foundation
The Louisiana Client Assistance Foundation (LCAF) was formed in 2002 and consists of9
trustees, including two LSBA officers, the Chair and Vice Chair of the Client Assistance Fund
Committee, Chief Disciplinary Counsel, 2 lay persons and a representative from the La. Outside
Health and Ethics Foundation (LOCHEF). LOCHEF's funding commitment, which began in 2002
was at a level of$300,000 lor 10 years. ln 2012lhe amount increased to $450,000 and remained at
this level for ten years. LCAF assets are approximately $8,136,660.39.
The Foundation is charged with the responsibility of financially managing the fund and must
approve all payment recommendations of the Client Assistance Fund Committee. In 2023, LCAF
paid $205,117.43 in connection with 26 claims. As of April 12,2024, LCAF paid $78,486.62 in
connection with 15 claims.
Ethics Advisory Service
Ethics Advisory Service and Opinions
As a Louisiana licensed lawyer, have you ever been faced with an ethical dilemma and you weren't sure
what to do? The Ethics Counsel and the Advisory Service Committee might have the answer you're
seeking.
Established for just that purpose, the Ethics Advisory Service Committee comprised of attomeys across the
state along with Ethics Counsel provide confidential non-binding ethics opinions to Louisiana licensed
attomeys.
To access this service you only need to put your question in writing and fax or email to the attention ol
Ethics Counsel at fax: (504)598-6753 or e-mail to Eric Barefield. For simple inquires contact Ethics
Counsel by phone at 504-619-0122 or l-800-421-5722.
There is generally a tum-around time of approximately five to ten working days on advisory opinions,
possibly a little longer or shorter depending upon the complexity and/or novelty ofthe issue(s) involved
and number of requests from other members being handled at the time. Please note, the committee and
Ethics Counsel are authorized to respond only to prospective ethical behavior of the attomey requesting the
opinion and cannot respond to third party queries.