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Case 2:19-cv-11962-LMA-JVM Document 106 Filed 08/08/22 Page 2 of 33

B. The LSBA

1. Membership, Governing Structure, and Functions

The LSBA is an “integrated” or “mandatory” bar association, meaning that

Louisiana attorneys are required to be members of the LSBA and to pay LSBA annual

dues in order to maintain eligibility to practice law. The LSBA does not require its
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members to participate in any of its activities.

The LSBA has five officers: President, President-Elect, Secretary, Treasurer,

and Immediate Past President. Certain LSBA affairs are administered by the Board
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of Governors (the “Board”), the composition of which includes representatives from

different geographic districts. The House of Delegates (“HOD”) is the LSBA’s policy

making body, and it includes 225 delegates, with representatives from each judicial

district. Previously, the HOD made legislative policies. Now, however, all HOD
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legislative policies in place prior to the filing of this action have been rescinded, as

set forth in greater detail below.

The purpose of the LSBA, as stated in Louisiana Supreme Court Rule XVIII,

Section 6, “is to promote and assist the regulation of the practice of law, improve the

quality of legal services, advance the science of jurisprudence, promote the

4 Defendants’ Exhibit (“Defs. Exh.”) 2; Defs. Exh. 7, By-Laws, art. I, §§ 3-4, Delinquent
Dues. Annual dues are $80-200, depending on how long a member has been admitted
to practice law. Members admitted for 50 years or more and inactive members need
not pay dues. The Board of Governors has authority to waive dues for members
experiencing dire circumstances such as illness or financial hardship. Id.
5 Boudreaux at 92:16-93:2.
6 Testimony of Robert Kutcher (“Kutcher”) at 155:18-24; Defs. Exh. 4.
7 Kutcher at 153:21-25.

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