First, we address the felonies:

Louisiana Revised Statute 14:95.2.1:

Illegal Carrying of a Firearm at a parade with any firearm used in the commission of a crime of violence.
(A)Whoever commits the crime of illegal carrying of weapons pursuant to R.S. 14:95 with any firearm used in the commission of a crime of violence as defined in R.S. 14:2

(B). within one thousand feet of any parade or demonstration for which a permit is issued by a governmental entity, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Subsection and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.  B.  As used in this Section, the following words mean:  (1)  ”Firearm” means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.  (2)  ”Parade” for the purposes of this Section shall be defined as any celebration of Mardi Gras or directly related pre-Lenten or carnival related festivities, school parades, parish parades, state parades or municipal parades, or any demonstration for which a permit is issued by a governmental entity.  (3)  ”Parade route” means any public sidewalk, street, highway, bridge, alley, road, or other public passageway upon which a parade travels.

(C).  Lack of knowledge that the prohibited act occurred on or within one thousand feet of the parade route shall not be a defense.

Louisiana Revised Statute 14:95.2.2

Reckless Discharge of a Firearm at a parade or demonstration. This is punishable with a 5 to 10 year sentence; a mandatory 3 year prison sentence if convicted.

And one Louisiana Misdemeanor:

Louisiana Revised Statute 14:326

Processions, marches, parades, or demonstrations; permits; liability; bond; exemptions; penalty.

A.  Any procession, march, parade or public demonstration of any kind or for whatever purpose is prohibited by any group, association or organization on any public sidewalk, street, highway, bridge, alley, road or other public passageway of any municipality or unincorporated town or village unless there first has been obtained a permit therefor, and in all cases the person or persons or the group, association or organization to whom the permit is issued shall be liable for all damage to property or persons which may arise out of or in connection with any such procession, march, parade or public demonstration for which a permit is issued.

B.  Application for the permit required herein shall be made to the mayor and governing authority of the municipality or to the governing authority of the parish in which the unincorporated town or village in which the procession, march, parade or public demonstration is located, as the case may be.  Permits may be granted by the authority to which application is made, provided, however, that bond in the amount of ten thousand dollars has first been filed with the mayor and municipal governing authority or with parish governing authority, as the case may be, as security for the payment of any damage or injury which may occur as the result of or in connection with such procession, march, parade or public demonstration.

C.  The provisions of this Section shall apply to all groups, associations, or organizations regardless of race, creed, disability, as defined in R.S. 51:2232(11), color, or political beliefs of its members; however, nothing contained herein shall apply to a bona fide legitimate labor organization or professional firefighter or police association or to any lawful activity of a labor union permitted by law, nor shall these provisions apply to any procession or parade directly held or sponsored by the governing authority of any municipality or the governing authority of any parish, nor shall these provisions apply to any procession, march, or parade directly held or sponsored by a bona fide organization specifically for the celebration of Mardi Gras and/or directly related prelenten or carnival festivities, school parades or other functions, parish parades or other functions, state, parish, or municipal fairs or other such related activities.  However, the provisions of this Section shall apply only to parishes with a population of more than four hundred fifty thousand.

D.  Whoever violates any provision of this Section shall be guilty of a misdemeanor and upon conviction shall, for each offense, be fined not more than one thousand dollars or be imprisoned for not more than six months, or both.

For a list of all the New Orleans Municipal Codes which Govern, please follow this link: Chapter 34 – Carnival, Mardi Gras

Section 34-32 of the Municipal Code: Roping off Areas:

It shall be unlawful for any individual, organization or corporation to fence, rope off, or stake out any area of public property along a parade route except when necessary to protect plants, shrubbery, trees and other landscaping materials with the approval of the department of Parkways and Parks.  Each private property owner shall notify the Parkway and Park Commission at least 30 days prior to the date of a parade in writing and shall submit a detailed drawing of the planned protective enclosure device.  If the private property owner is not notified in writing by the Parkway and Park Commission within 10 days of the parade date, it shall be assumed that the proposed protective enclosure device is approved.

Section 34-33 of the Municipal Code:  Ladders:

All ladders used by parade spectators shall be structurally sound.  No ladder, chairs, ice chests, chaise lounges and other similar personal effects shall be placed in intersections or between curbs of public streets during a parade.  Ladders shall be placed as many feet back from the street curb as the ladder is high.  Additionally, the practice of fastening two or more ladders together shall be prohibited.

Section 34-29  Throw Backs

It is unlawful for a person to throw any objects at a float or any participant in a parade.

In short, be safe out there.  Mardi Gras is supposed to be a fun event for all and introduces our many new people to what is so wonderful in our city.  We want these visitors and locals to continue to come back, support our businesses, and keep our economy thriving (even while others are not).

I’m sorry this article did not address drinking in public, public drunkenness, or marijuana laws.  If you have a question about that, please do not hesitate to ask.

As always, if you or a loved one needs my help, please do not hesitate to visit my firm’s website or contact me.

Laissez les Bon Tempes Rouler!

The following are the list of code articles which a court will consider when determining spousal support between the divorcing parties. 

Art. 111.  Spousal support; authority of court

In a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following Articles.

Art. 112.  Determination of final periodic support

A.  When a spouse has not been at fault and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph B of this Article.

B.  The court shall consider all relevant factors in determining the amount and duration of final support.  Those factors may include:

(1)  The income and means of the parties, including the liquidity of such means.

(2)  The financial obligations of the parties.

(3)  The earning capacity of the parties.

(4)  The effect of custody of children upon a party’s earning capacity.

(5)  The time necessary for the claimant to acquire appropriate education, training, or employment.

(6)  The health and age of the parties.

(7)  The duration of the marriage.

(8)  The tax consequences to either or both parties.

C.  The sum awarded under this Article shall not exceed one-third of the obligor’s net income.

Crescent City Law’s Note: In addition to C above, this is a totality of the circumstances test, which means the court is required to consider all of these factors, but no one factor is determinate.

Art. 113.  Interim spousal support allowance pending final spousal support award

Upon motion of a party or when a demand for final spousal support is pending, the court may award a party an interim spousal support allowance based on the needs of that party, the ability of the other party to pay, and the standard of living of the parties during the marriage, which award of interim spousal support allowance shall terminate upon the rendition of a judgment of divorce.  If a claim for final spousal support is pending at the time of the rendition of the judgment of divorce, the interim spousal support award shall thereafter terminate upon rendition of a judgment awarding or denying final spousal support or one hundred eighty days from the rendition of judgment of divorce, whichever occurs first.  The obligation to pay interim spousal support may extend beyond one hundred eighty days from the rendition of judgment of divorce, but only for good cause shown.

Art. 114.  Modification or termination of award of periodic support

An award of periodic support may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary.  The subsequent remarriage of the obligor spouse shall not constitute a change of circumstance.

Art. 115.  Extinguishment of spousal support obligation

The obligation of spousal support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.

Art. 116.  Modification of spousal support obligation

The obligation of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction or by authentic act or act under private signature duly acknowledged by the obligee.

Art. 117.  Peremptive period for obligation

The right to claim after divorce the obligation of spousal support is subject to a peremption of three years.  Peremption begins to run from the latest of the following events:

(1)  The day the judgment of divorce is signed.

(2)  The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years thereafter.

(3)  The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described in Paragraph (1) or (2) and no more than three years has elapsed between payments.

Art. 121.  Claim for contributions to education or training; authority of court

In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse’s earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.

The sum awarded may be in addition to a sum for support and to property received in the partition of community property.

Art. 122.  Nature of action

The claim for contributions made to the education or training of a spouse is strictly personal to each party.

Art. 123.  Form of award; effect of remarriage or death

The sum awarded for contributions made to the education or training of a spouse may be a sum certain payable in installments.

The award shall not terminate upon the remarriage or death of either party.

Art. 124.  Prescription of spousal claim for contributions

The action for contributions made to the education or training of a spouse prescribes in three years from the date of the signing of the judgment of divorce or declaration of nullity of the marriage.

Pulled from legis.la.gov/lss/lss.asp?folder=67 on 1/13/2012

As always, if you or a loved one needs help with a criminal matter, please do not hesitate to contact me or visit my website.

In a stern statement, a trial court in Louisiana stated the following to a spouse who was seeking interim spousal support:

“The Court cannot understand how an able-bodied man, who is in great shape, and is in the prime of his life does not have a job.  A marriage is not meant to be a meal ticket.  It seems that all of the financial responsibilities in the marriage have been on the wife.  This is untenable.

“Rather than give spousal support, as requested, the Court will give husband some practical advise: get a job.”

In affirming the appeal, the Louisiana 5th Circuit Court of Appeals stated “he also failed to submit proof of his expenses, needs, the record reflected he lived with his father (without charge), and failed to obtain he was unable to obtain work.”

Robertson v. Robertson, 10-0926 (La. App 5 Cir. 4/26/11), 64 So.3d 354 (2011).

I have to admit, I feel bad for the husband.  It is possible that with the right lawyer, he may have been able to prove his case and prove that he needed support.  Obviously, this strict statement by the trial court could have gone the other way–a wife could have been in need, but unable to FIND employment.  I guess it’s a sign of a bad economy.

As always, if you or a loved one is seeking legal help, especially in the areas of criminal and family law, please do not hesitate to contact me or visit my website.

Fontenot v. Newcomer, 10-1530 (La. App. 3 Cir. 5/4/11), 63 So.3d 1149 (2011).  Taken from the Louisiana Bar Journal.

As always, if you or a loved one, is in need of legal assistance, please do not hesitate to contact my firm, Crescent City Law, or to visit my website.

Here is the link to the Office of the Inspector General’s Report on the City Courts in New Orleans (Municipal, Traffic, and 1st and 2nd City Court at CDC).  I haven’t had a chance to read the 118 pages of opinion, but the title is ominous enough (No Justice For City in Courts).  When I do, I will make some comments.  Enjoy:  NOLAOIG Report on City Courts.

Now that I’ve said that, lets turn to the law.  New Orleans is filled with some of the most well-known and fantastic restaurants in the country.  Since the storm, New Orleans has flooded, rebuilt, and launched itself to the fore-front of the culinary world, and is in the process as emerging as the place to go for great food and good times.  As a matter of happen-stance, I have welcomed many friends and family who came to New Orleans to hit the restaurants for not only po’boys and crawfish, but also BBQ, gourmet, and Asian-Cajun.  Yeah, we’re really lucky here.

Sadly, as more and more diners come to restaurants, more and more have the possibility of a bad experience.  More scary, however, is the phenomenon where disappointed diners dare to sue for to recovery damages for their dismay.  I find this to be horrifying.  First, let me be clear, I am not talking about the people who spill hot coffee on their lap after leaving McDonald’s or cut their lip while using their knife to shovel food into their mouths.  I’m referring to people who are actually suing for pain, suffering, and embarrassment after their Levi’s are stained by a drop of ketchup!  Okay, maybe we are talking about the same people, but let’s dig further.

In a recent article published in the ABA Journal, “When Food Attacks,” the American Bar Association highlighted a trend growing trend in the restaurant world, where diners plead their demand for damages not with the manager, but with the court.  In one such incident, two diners’eyes were exposed to garlic butter sauce which squirted from an escargot.   As a result of the spray, the diners sued the restaurant claiming damages of approximately $7.500 a piece.  The case was dismissed.   Luckily, judges have yet to fully understand where plaintiff’s lawyers are coming from on this one, will they ever?

Also, in the service industry’s defense, and quoting Monty in Waiting, “Do not ____ with the people who serve you food!” (For the record, New Orleans is home to culinary/movie landmark Bennigan’s which played Shenanigan’s in the movie.  Here’s the address)  Seriously, don’t mess with us.  Not only do we fake smiles, work awful hours, and exhibit less than exemplary manners outside of work, we also control how your food can and will taste.  I will bend over backwards, fight with the chef, and cry to the manage to get you what you want just like they do at your favorite restaurant in whatever po-dunk town you’re from when you’re on vacation at Disney at my restaurant IF YOU”RE NICE. But if you’re mean to me, I will simply ask the kitchen to ‘accidentally’over cook your steak or hit the ‘extra spicy’key on your kung pao chicken. 

Sorry, I was ranting.  Let’s turn back to the law.  I think many diners fail to realize how much diners mistakes cost.  To explain this best, imagine a bottle of wine.  It’s from France.  It’s really old.  And, it’s the only bottle left like it in the world.  As you can imagine, this bottle of wine is  expensive and your waiter is sweating bullets while she opens it.  After successfully removing the cork, decantation, and pouring a taste, you learn that you detest bordeaux and want to go back to drinking Pinot grigio from some farm owned by Boone.  What is the restaurant owner supposed to do?  Are they supposed to re-cork the bottle and sell 9o% of a bottle of wine to the next guy?  Is he supposed to give that $10000 bottle to his kitchen to cook coq au vin? NO!  Have you ever considered that when you ask for a bottle of wine you are contracting a sale of goods with them for the wine.  Have you ever been sued for breach of contract when you rejected the wine?  Of course not.

Here’s my offer, crazy diners: If you don’t reject the goods I’m offering you, or you exercise the care reasonably expected of you when you using (eating) my goods, I promise not to sue you either.

If you or anyone you know has been the victim of diner’s remorse, go to Disney World because, I promise, someone there will give it to you your food for free.

And if that fails, contact me.

When you’re arrested and charged with a crime, you are entitled to the representation of an attorney who can advise you of your rights.  This attorney can explain to you the charges pending against you and aid you in your case.  Some of us are lucky enough to be able to afford a private attorney, but sadly, most of us do not have the financial means to hire an attorney on our own.  Thus, the State (and the federal government) are required to provide an attorney for your defense by the United States Constitution.

In New Orleans, the State has formed the Orleans Indigent Defender Board (OIDB).  The OIDB is a group of attorneys, paralegals, and investigators who work with an accused defendant receives the necessary legal service in their case.  As you can imagine this is not a cheap process.  Not withstanding the cost of hiring lawyers and staff, there are filing fees, costs of running an office, and all the expenses which come along with running a business.  As a state agency, the OIDB receives some state funding, but as you can imagine this doesn’t cover everything…

So, where do the extra resources come from?  Fees!  Every defendant who is represented or advise by OIDB (or another public defender agency) owes them a fee for the services rendered.  Typically, this fee is between$35-50 and it is imposed along with other fees for judicial administration at the end of trial.  In Orleans

Lately, however, judges in Orleans Parish have not been assessing the $35 Public Defender fee to cases in Orleans Parish Criminal District Court or in Municipal Court in New Orleans which resulted in a $1.8 million budget shortage for OIDB for the fiscal year which ends in June 2011.  Therefore, the Public Defender’s Office requested the judges at Tulane and Broad and Municipal Court be mandated to impose and pay the fees, but the judges aren’t budging.   They feel they are only responsible to remit fees to OIDB when the fees have been collected.  However, the judges overlook the fact that if the fee isn’t imposed the fee will NEVER be collected in the first place. 

Facts aside, I’m not particularly surprised to see that defendants aren’t assessed this fee.  Since defendants’attorneys don’t want to their clients taxed with another fee, the judges are not reminded about the fee.  Furthermore, the Orleans Parish District Attorney’s office has made it clear they want criminals off the street.  One way to do this is to limit the funding available to the accused.  The less money OIDB receives, the more likely criminal will not receive the legal advice they desire.  And, sadly, many judges are ex-DA’s, and while they’re supposed to be impartial, sometimes they’re reminded of their past lives as Assistant DA’s. 

We as criminal defense attorney’s have to band together and ask the judges in Orleans to levy this fee, even to the detriment of our clients.

As always, if you or your friends and family are in need of legal services, please do not hesitate to contact me or visit my website, www.crescentcitylawfirm.com.

First, let’s fill you in on the current format of the exam.  The LA bar consist of 9 parts which comprise approximately 21.5 hours of essay writing.  There are 5 code topics and 4 non-code topics.  Code topics refer to the Louisiana Civil Code topics and non-code refer to topics which exist within the code, but are tested based on federal/national standards.  Each day, 3 parts of the exam are administered and there is one day off between each day of testing.  Without getting in to the nuts and bolts of the exam itself, you need to pass 7 of the 9 sections of the bar and you pass at least 4 of the code sections to pass.  A passing score on each individual part is 70/100.   If you’re not following me, please refer to the Louisiana Committee on Bar Admissions website above or Wikipedia. 

Louisiana currently has an option called ‘conditioning.’  In order to condition the Bar, an applicant must pass at least 5 of the 9 sections of the bar.  When you condition and re-take the bar exam, you are only required to re-take the sections which you failed.  Remember from above, that in order to pass you only need to pass 7 of 9 sections.  Therefore, conditional passers only need to pass 2 of the exams the previously failed.  In instances where an applicant conditioned with 6 passing subjects, they only have to pass 1.

For those of you who were wondering…you can fail the Louisiana bar exam.  Applicants who fail 5 or more sections of the bar must retake the entire examination, regardless of their passing status for individual subjects.  Admittedly, there is a myriad of ways in which an applicant can pass, fail, or condition, so again I refer you to the Committee’s website or Wikipedia.

Now lets begin to look at the changes.  In Feb. 2012, the form of the examination will remain the same, however the way to pass will change.  In order to pass, an applicant will be required the attain a score equal to 70% of the total possible points available on the exam.  Since all exams currently have a maximum score of 900 points, a passing ‘score’on the examination would be 630 points.  I am in favor of this change.  Under this format, an applicants goal will be to achieve as many points possible on each portion of the exam.  This format will reward exam-takers who do very well in a particular subject because it will provide applicants with room to do poorly on another subject.  No one wants to perform badly on the bar, but it is nice to say to yourself, “Even though I did poorly on Code 3, I feel good about Codes 1 and 2, so I probably made up for the difference.”  A test taker who does not achieve 630  raw points will receive a ‘fail’for the bar exam, and there will be no conditional pass.  This method will require failing applicants to re-take the entire exam.  In fairness, this type of exam format has proven to be successful in other jurisdictions.  Texas is an example.

The writers of the the Louisiana bar exam believe this format will reduce the number of applicants who ‘spot’the test.  For those of you who are law-minded when you read this, you’re probably already thinking about issue spotting.  This is not what the examiners have in mind.  The examiners would like to stop bar takers from simply not sitting for a section of the bar.  In the past, certain parts of the exam have given many takers trouble.  As a result, takers who knew they were likely to fail a section chose not to sit for that part of the exam and to devote their study time elsewhere.  I do not agree with this ‘spotting’however I know lots of people who passed the exam using this tactic (however, many of the them passed on their second try after conditioning on their first).

Further down the road is where the real changes begin.  In Feb 2015, the Committee plans to implement an entirely new exam format.  Under the new format, applicants will be subjected to an estimated 18 hours of examination over the course of 3 days in a row. 

Committee plans to move away from subjective essays tests and towards a more objective set.  They will accomplish this is two ways.  First, they will implement some form of the MPT (Multi-State Performance Test).  The MPT is an essay test where an applicant is provided with a “library” of caselaw, then they are presented with a directive from a ‘partner’to summary the case info as it relates to a particular ‘client’s’facts, and are graded on their ability to meet the partner’s objective using the provided law.  This test is administered in a number of jurisdictions around the country with great success, however I am not in favor of adding it to the Louisiana Bar.  This test does not demonstrate a candidate’s ability to understand Louisiana-specific concepts and it does not take into account that some applicants are not strong legal writers (even though they went to law school).  Furthermore, bar applicants who prepare for the MPT will not learn any new law.  Rather, they will be learn how to write the best  essay based on the available fact.  Also, the MPT takes away from exam space for essay which task the taker to show their ability to comprehend and apply the Louisiana law.  On the other hand, I am a fan of the MPT for one reason.  The MPT thwarts bar takers from memorizing the answers to the bar questions.  Presumably, the MPT will not be as repetitive as the Louisiana bar itself and applicants will not be able to memorize the answer to the questions before they sit for that portion.

In addition to an MPT, the Committee would like to add a multiple choice section to the bar.  At last count, Louisiana and Washington state were the only two jurisdictions which did not test using the MBE (multi-state bar exam) as part of their exam.  The MBE is written and graded entirely by the NCBE (National Conference of Bar Examiners) and currently uses a 200 question exam.  The exam tests 6 topics: constitutional law, contracts, torts, evidence, criminal law, and property, each section receiving between 33-34 questions.  For the record, it is impossible to adopt the MBE in its entirety in Louisiana due to different rules on property and contracts.  It is administered in two 3 hour sessions on the second day of testing (typically the 4th Wednesday in February or July).  The MBE is a strongly objective test and has been used for almost 40 years.  It is incredibly accurate and less than 1% of all questions test are thrown out each administration.  I sat for the MBE twice. 

While the MBE is an unusually accurate determination of an applicants ability to practice, it is a difficult test.  The questions are difficult and it is designed to fatigue students who are not mentally or physically prepared.  I am completely against adoption of the MBE to the Louisiana bar.  Luckily, the standard MBE will not be adopted in Louisiana for the reasons mentioned above.  Instead, the State plans to adopt 2 separate MCQ (Multiple choice question) tests.  For the first MCQ, the state plans to test 100 questions solely on Louisiana Code, and, for the second MCQ, the State plans to adopt 100 MBE questions taken from jurisdictionally appropriate sections of the MBE: criminal law, evidence, constitutional law, and federal jurisdiction and procedure.

This two-pronged test presents a few problems.  First, fed j&p is a newly added section the MBE and will take some time before the questions are perfected.  Second, the LA-MCQ will still be written by Louisiana.  I’m not saying there is anything wrong with Louisiana, but it was my impression that the premise behind the new test was to objectify and standardize the questions.  Using Louisiana writers to write objective questions has already failed.  Next,  there are 9 (5 code and 4 ‘non code’) subjects which can be tested in any order, not to mention the number of sub-topics within each category.  

However, the MCQ portion of the new bar exam will favor some applicants who perform well in multiple choice tests.  Currently, the Louisiana bar favors applicants who have a keen ability to write and overlooks applicants who may know the right answer but cannot express it in words.  Further, applicants who are great writers may be able to write themselves out of a corner to a ‘wrong’ answer which receives partial credit, while a below average writer is given no credit for a partially ‘right’answer.  Another important strength of the MCQ format is that it allows the State to test previously untestable and obscure topics through short, clear, and concise multiple choice questions.

The final section of the Feb 2015 bar will include 9 one hour essays which will test the same topics as are test presently, but will do so in a shorter format.  I am not familiar with a jurisdiction which tests this way, but I believe this section of the proposed change will be reasonable.  If you’ll allow me to brainstorm a little, here are some potential pitfalls:

Will the same essay be administered to each applicant in the same sitting?  Will more than one essay be administered in one sitting (3-1 hour essays in a 3 hour period)?  Will the essays be written, as text are now, by Louisiana law gurus or written by a 3rd party?

As for commentary, I believe these 9 test will be very fair and reasonable, no matter the pitfalls.

Here are some closing remarks.  First, I am a strong advocate of the short-term changes to the bar, but I am not in favor of the long-term changes.  I believe the Committee has placed too much emphasis on creating an objective test, but have failed to take into account the subjective burdens which are implicated by the 2015 changes.  I believe the Committee, in an effort to make the Louisiana Bar exam similar to other bar examinations throughout the country, has hurt the identity of the Louisiana bar and diminished the individual accomplishments of Louisiana applicants.  In addition, the seems to be an underlying desire to make the Louisiana Bar exam more like bar exams in other states, but preserve the strong Louisiana code emphasis on the bar.  The bar examiners believe the change will allow a greater opportunity for reciprocity between Louisiana lawyers and other states’bar committees.  This belief is without merit.  By using a bar that remains strongly suggestive, it will be difficult for Louisiana lawyers to take their scores to other jurisdictions, and lawyers will only be able to transfer their MPT score, not their MCQ or essay scores.  I feel if the Committee were truly interested in reciprocity and granting lawyers the opportunity to move their scores, they would be forced to adopt the MBE, but, as we can see, that is not possible.

I hope that those of you reading this have found this article to be inciteful, encouraging, and explanatory.  If you remain confused or seek further advice regarding your application to your website, please visit my firm’s website or click the link to the right.

As a society, Americans work hard to help one and other.  We are charitable, giving, and forgiving.  By and large, we are proponents of rehabilitation before we cast someone out entirely.  In recent years, nearly ever bar throughout the United States has created some form of conditional admission for their applicants.  Conditional admission is traditionally available to those who have had prior incidents of alcohol or drug abuse, however in wake of the success of the programs, conditional admission has been granted in a growing number of areas, including those who have committed serious crimes, have poor financial responsibility, or those who have been shown to be un-truthful.

The program works like an out-patient facility.  “Patients” are monitored by a handful of reporting agencies: doctors, mentors, commissioners, assistance programs, and the list goes on.  The goal is to rehabilitate the patient of the affliction from which they suffer, and hopefully, coax them into their professional life with the help of these agents.

However, meeting the goals of these helpers is not always an easy task.  For example, conditional admission is most often applied to persons who have alcohol blemishes in their past.  As part of their admission, participants have to remain sober (this should be a given, but we’re a forgiving society so this remains gray at best), participate both in Alcoholics Anonymous (which, in their case, isn’t anonymous) and a profession-specific version of AA (since I’m a lawyer, see LAP).  In addition there are rigorous community service commitments, on-the-job performance evaluations, and a ‘commissioner’who oversees the entire process. 

Now, I’m not saying that one slip off of the tight rope will result in an automatic failure, but this process is not without some pitfalls.  Many of the agencies named above have competing interests.  All want the applicant’s undivided attention, all want the application the succeed, but some make it difficult for the applicant to practice their field while living up to their expectations.  Furthermore, it becomes an applicant’s sole responsibility to make sure he has completed all of the assigned tasks for his conditional admission—in ADDITION to his responsibilities at home, at work, and everything which revolves around him.  I’m not saying it’s impossible, but many addictions grew from the seed of stress and this seems to be counterproductive.  Sadly, at the end of everything its possible that a candidate who has completed everything satisfactorily will not be admitted unconditionally.

Thankfully, the Louisiana State Supreme Court announced the termination of 4 candidates conditional admission on January 4, 2011.  Congratulations, bienvenue, and welcome!

As part of my practice, I take great pride in the representation of those who are seeking admission to a professional board.  As an attorney, who as applied to two different bars, Florida and Louisiana, I’m personally aware of the feeling of uneasiness that many face when they apply to become doctors, nurses, cpa’s, or attorneys.  My clients in this area of my practice are all smart people who fear that an incident in their past will jeopardize their future practice.   However, after a brief consultation with my clients, many are relieved to find out that things aren’t as bad as they think.

I write this at the end of the first week of classes for many students’Spring semester for a reason.  Those of you who are students reading this blog have finished your first party week, now its time to buckle down and start planning for the next phase of your life–your career.  It is my experience that during the next few weeks that many students are beginning frantically working to complete their applications to the bar, the board, the evil admissions committee, and this is around the time I start receiving phone calls.  Here’s some information to think about when completing your character and fitness applications for your background checks.

1. Candor.  For those of you who are not familiar with the word it means honesty.  Every admissions committee out there is looking for you to be honest throughout the application process.  In addition to your initial honesty, admissions board are looking for you to keep honest after you’ve applied.

2. Timeliness.  Most boards have rolling deadlines and ever-increasing fees based on when you apply therefore its crucial to apply as early as possible.  Some attorney licensing boards ask law students to apply for the bar during their first year so that the background check will be completed by the time they sit for the bar exam (for non-attorney readers that is 3 years before you take the exam!).  Timeliness and Candor work together as well.  Often, you are required to keep the admissions board informed of “any changes” to your application within 30 days of the change.  Basically, this means you have to check in with the board every 30 days.  And you thought curfew was bad?

3. Questions on the application.  It is no secret that admissions applications are written in a way to confuse people.  They’re written by attorneys (we purposefully confuse people for a living) who are paid to write questions in a way that is as open-ended as possible in order to cover any possible answer to the question.  You often see this with the traffic violations question which read something like, “Have you ever received a major traffic violation?”  You don’t know what a major traffic violation is?  Neither do I?  But this is probably the time where it’s best to pay the $10 to get your Louisiana Driving Record from that ticket you during Mardi Gras in high school and send it with your bar application.

4.  Questions with answers you feel need explanation.  Many applicants come across questions where they know they have know when they answer the question, a simple yes or no won’t suffice.  This is where the going gets tough and the tough get going.  So, you come to a question that read, “Have you ever been arrested?”  You were arrested when you were 15 (a juvenile) for performing a prank against a rival sports team.  You were put in hand cuffs, but you never went to jail.  The cops let you go when your parents came and vowed to punish you at home.  You missed prom that year.  Here’s what I advise my clients.   The answer to that question is YES.  Then, on a separate sheet of paper we write an addendum explaining the circumstances of the arrest and providing any documentation we can find regarding the police report.

5.  Writing Clear and Concise Responses.  It is important that all letters, responses, requests for information, amendments, and addedums be as clear and concise as possible.  Many applicants feel the need to be too honest.  There is a difference between being honest and telling a story or providing an explanation.  Generally, I advise clients to only answer the question they are asked and not explain why or how the circumstance came to be.

6.  Hire someone. It is important hire an attorney as soon as you realize you’re in over your head.  This is a subjective standard.  My advice is as soon as you come to the conclusion that you don’t know how to answer the question asked, its time to seek legal representation.  As mentioned above, the question is meant to confuse you and trip you up later.  A trained professional should be able to understand the questions and we will help you develop an appropriate answer.

I hope this information is helpful.  If you’re reading this and would like help with your application, please do not hesitate to contact me or an attorney in your jurisdiction.