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In disputes between client and attorney, the arbitrators serve pro bono. Arbitrators do get
an hour of professionalism C.L.E. credit for serving. In disputes between attorneys, the
volunteer arbitrators can charge a reasonable fee, usually $75.00 an hour. However, this is a
very rare occurrence.
Arbitrators are all volunteers, predominantly attorneys, who do alternative dispute
resolution work around the state. The parties are given a list of potential arbitrators and are
asked to rank the arbitrators according to their acceptability. Based upon the parties’
preferences, the LSBA selects the arbitrator. Usually, there will be only one arbitrator.
However, in disputes over $25,000, a three-member panel is chosen. If a dispute of this level is
between a client and an attorney, one member of the three-member panel must be a non-lawyer.
The arbitration itself is a very informal proceeding. Formal rules of evidence are
inapplicable and the arbitrator makes rulings of admissibility of evidence based on common
sense and fairness. All parties are given the opportunity for a full hearing. Most hearings are
completed in less than one day. The proceedings are confidential and not open to the public.
Transcripts of the proceedings are not usually made but can be arranged in advance at the
expense of the requesting party. All parties have a right for counsel to be present, but it is not
required. Discovery is limited and can be obtained by agreement of the parties or according to
an order of the Arbitrator. The parties are encouraged to participate in the exchange of pertinent
information prior to the hearing.
The goal of the program is quick resolution of the dispute. The decision of the Arbitrator
is required within thirty days of the close of the hearing. The decision of the Arbitrator is final
and binding. There is a very limited right of appeal under Louisiana Arbitration Law (La. R.S.
9:4201, et seq.). Enforcement of the arbitration award may be accomplished through the legal
proceedings provided for in the La. Arbitration Law. The awards are basically treated as final
judgments and are enforced the same way judgments are enforced.
Resolving fee disputes through this program allows attorneys to avoid disciplinary
complaints and malpractice actions.

Transitioning Lawyers

Every year a small number of attorneys are suspended, disbarred, permanently retire or
pass away and have not taken the necessary steps to protect their clients’ interest in the wake of
their transition. When that occurs, the Chief Judge of the judicial district where the lawyer
maintained a practice will appoint a lawyer or lawyers to inventory the client files and take such
action to protect the public and the clients. In the case of a deceased lawyer this only occurs
when there is no family member, law partner or executor known to exist capable of concluding
the practice.

The Louisiana Supreme Court amended Rule XIX, Section 27 in May 2019 directing the
LSBA to recruit, train and appoint lawyers to serve on Receivership Panels around the state. The
LSBA Transitioning Lawyers Committee had filed a resolution to create receivership teams
around the state. These volunteers serve as a default mechanism when there is no qualified
successor attorney to assist in closing the law practice.

The LSBA recruits and trains volunteers in all 5 appellate districts. Each panel is

comprised of 5-10 lawyers and retired judges. Trainings have been conducted in New Orleans
and Lafayette and the training session is available on-line.