O
nce upon a time, people which I heartily recommend to all LSBA
bought things called books.
Authors worked hard to write
them. Publishers spent money
to print an author's words on nice-looking
paper and to bind the printed pages be­
tween hard covers. Sometimes there was
a dust jacket with stylish art and compli­
ments from other authors about the work
being published. People paid money to
buy these books, read them, and put them
on their shelves. The author was paid
money by the publisher, and then, if the
book did well, the author received royal­
ties. Readers looked forward to holding
these objects in their hands and showing
them off at home.
But I write as a confessed dinosaur.
Years ago, when I had the privilege of
serving as Louisiana State Bar Association
(LSBA) president, I thought it would be
a good idea for the LSBA to publish an
up-to-date book on our Rules of Profes­
sional Conduct. We would print each Rule,
describe its history, tell how it differed (if
at all) from the ABA Model Rule, give
the reader information on how the Rule
has been interpreted, and advise lawyers
of the kind of disciplinary trouble they
could get into for violating the Rule.
Who better to turn to for this project,
I thought, than the talented young law
professor at Loyola University named
Dane S. Ciolino. He was smart, fearless,
energetic and seemed to say yes to just
about anything. So he agreed.
In the middle of my term (January
200 I), Prof. Ciolino finished, and the
LSBA published, a book called Loui­
siana Professional Responsibility Law
and Practice. I was proud of it, although
my own contribution to it was virtually
nil, and I bragged about it to my Bar
colleagues in other states. A handsomely
published paperback, itcosta little money
to produce and a little money to purchase.
It was well-received and (J think) fairly
frequently consulted. Time passed. In
2004, Prof. Ciolino wrote, and the LSBA
published, an updated edition, and yet
another in 2007. This is the beaten and
battered version of the book that I have on
my credenza -so beaten up, in fact, that
it is encircled by two rubber bands.
A las, those editions are gone with the
wind. Why? Because the latest version,
on the Louisiana Legal Ethics Web site
members (judges and lawyers alike) is
an "e-book." You can read it at www.
lalegalethics.org. Part of Prof. Ciolino's
weblog called Louisiana Legal Ethics, it
is an up-to-date, informative, well-written
book about our current Rules, and it has
the distinct advantage of being free. No
printing, no pages, no binding, no blurbs,
no art, no ink. (Well, there's a little art:
a drawing of a pelican whose beak is
poking away at the scales of justice.) To
bibliophiles like me, this is a fine state of
affairs. In fact, faced with the prospect of
reading this e-book online (it's about 140
pages), I did what any 57-year-old, out­
of-date, uncool guy would do: Iprinted it
out. I then held it in my hands and read it.
The verdict, you will not be surprised to
hear, is the same: The book is good and
it's essential reading for members of the
legal profession in Louisiana. Plus, you
can't beat the price.
The format remains the same. After
an interesting opening discussion of the
historical development of Louisiana ethics
rules, Prof. Ciolino provides the text of
each current Rule, background informa­
tion on its adoption by the Louisiana
Supreme Court, ABA Comments on the
corresponding Model Rule, and (most
valuably) annotations citing Louisiana
case law interpreting each Rule. Useful
and user-friendly, the material is clearly
organized and concisely written. One
new feature is that at the end of each Rule
discussion, Prof. Ciolino provides Notes,
giving us the very latest information on
the Rule and advising when the page was
last updated. In other words, one doesn't
have to wait for the next edition or pocket
part (remember those?) or newsletter;
updates are inserted into the e-book right
after the event (e.g., a new case or Rule
change) occurs. Rubbing sand in the face
of non-techies like me, the professor adds:
"This page is wiki editable - click here
to edit this page."
Given the length and complexity of
the Rules, not to mention the fact that (as
we know) they are vigorously enforced,
it goes without saying that we all need to
know them -or at least have them nearby
so we can navigate our way through
troubled ethical waters, which seem to
rise up just about every day. Just click
and it's all there.
So here are a few questions: Do you
need to know the details on permissible fi­
nancial assistance to clients? Exactly what
kind of lawyer advertising complies with
new Rule 7 and what crosses the line? How
about the latest on imputation of conflicts
of interest to other lawyers in your firm
(and this is indeed changing)? How should
you respond to e-mails received by, but
not intended for, you? When can a lawyer
also be a witness? Can you communicate
with former employees of a corporation
represented by counsel? Precisely when
are you duty-bound to report what you
perceive to be professional misconduct?
What language should ordinarily be in­
cluded in a client engagement letter? How
can you tell if a fee is "unreasonable" or
not? Can you criticize a judge? Are you
as a supervising lawyer responsible for
the conduct of associates and paralegals?
Must in-house counsel from out-of-state
obtain a "limited license to practice law"
in Louisiana? Do you have to accept an
appointment to serve as counsel for a
criminal defendant?
Now I should add that even though
this e-book steers you quickly toward
the pertinent Rule responding to these
questions, the answers in some instances
remain elusive. The Rules, which still
stem primarily from the ABA Model
Rules, aren't always perfectly clear, and
the cases and opinions interpreting them
can sometimes seem convoluted. (Take
confl icts of interest -Rules 1.7 through
I. J O-as one example.) But, through use
of this e-book and certain other resources, 1
all Louisiana lawyers andjudges have the
opportunity to become knowledgeable
about our ethical niles. Such knowledge
can help us contend with everyday ethi­
cal issues and (hopefully) keep us out of
trouble.
Lest you think all this is dry as dust
- and, let's be honest, some of it is ­
Prof. Ciolino slyly spices up the text from
time to time. Concerning the language in
Rule I .15(a) providing that a lawyer's
trust account must be maintained "in a
bank or similar institution," the professor
comments: "This requirement assures that
lawyers do not attempt to set up trust ac­
counts using shoe boxes at their office."
I commend the aforementioned opening that body of any wrongdoing.
essay on the history of our Rules. Among So fire up the computer, click your E. Phelps Gay has
practicedlawfor 30years
other tidbits, Prof. Ciolino notes that the mouse and take a look at this book. Or,
at theftI'm ofChris/ovich
first Louisiana lawyer-ethics code, pro­ if you're a miserable ink-stained wretch
& Kearney, LLP. He
mulgated in 1899, was not based on the like me, unconcerned about the wholesale also is affiliated with the
Alabama code (which most states were destruction of trees, print the whole thing mediation firm of ADR
adopting) but instead on a 17th century out, hold it in your hands, spill a little inc. fIe obtained his

oath for Swiss lawyers.He then regales us coffee on it, underline, check, and circle undergraduate degree
fromPrincetonUniversity
with the earliest reported case of lawyer whatever you want, and live blissfully
in 1975 and his JD
discipline in Louisiana.It involved Pierre in the past. Because the next stop, I'm
degreefi'om Tulane Law
Dormenon, who in 1810 was disbarred afraid, is Kindle. School in 1979. He is a member of the Louisiana
after being found "wearing a scarf ... and State (/979) and Texas (/993) Bar Associations.
march[ing] at the head of the brigands" He served president of the Louisiana State
FOOTNOTE as

Bar A.5sociation during the 2000-2001 term.

during a 1793 slave revolt in Santo Do­
I. To mention two: The Louisiana Attorney (Ste. 2300, 601 Poydras St" New Orleans, LA
mingo.Two years later,justice prevailed.
Disciplinary Board Web site at wwwladb.org; 70130)
Monsieur Dormenon was readmitted to
and the Louisiana State Bar Association's Elhics
the Bar after being elected to the Louisiana Advisory Service Web site at \VlVW Isba. org or call
House of Representatives and cleared by (504)566-1600.

There is always great satisfaction in being able to help

someone who would not otherwise be able to afford legal

services. A surprising benefit to taking pro bono cases has

been to help build my private practice as I have developed

a network of referrals through both my pro bono

clients and other attorneys I have met in the

process of handling the cases.

- Paul "Woody" Scott

Jeri FiI'nn & Associate.1
and Volunteer with Baton Rouge Bar Associatioll Pro BOlio Pmjec/
'