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.
   333   334   335   336   337   338   339   340   341   342   343