Steven J. Lane, Chair Family Law Committee Issue.pdf · · 2017-01-19Steven J. Lane, Chair Family...

Steven J. Lane, ChairFamily Law Committee

JULY 2016

14043.ADR_NOBA_f_j-4.875x3COLOR.indd 1 6/5/14 10:05 AM

The 2015-16 Board of Directors

Judy Y. BarrassoPresident

Christopher K. RalstonPresident-Elect

Steven J. LaneVice-President

Robert P. ThibeauxVice-President

James M. WilliamsVice-President

Dana M. DouglasSecretary

Paul M. SterbcowTreasurer

Walter J. Leger, Jr.Past President

Darryl M. PhillipsPresident, Bar Foundation

Kelly G. Juneau RookardYoung Lawyers Chair

Terms Ending 2016Lisa M. Africk

Albert J. Derbes, IVJames C. Gulotta, Jr.Jason P. Waguespack

Terms Ending 2017Camala E. CapodiceMark A. Cunningham

William B. GaudetJan M. Hayden

Terms Ending 2018Rachael D. Johnson

Peter E. SperlingJoseph P. Tynan

Sharonda R. Williams

Helena N. HendersonExecutive Director

Get Involved in one of NOBA’s Committees• Appellate Practice• Bankrupty & Debtor/Creditor

Rights• Business Law• Civil Rights and Liberties• Class Actions/Complex Litigation• Construction Law• Criminal Law• Entertainment Law• Environmental Law/Toxic Torts• Family Law & Domestic Violence• Healthcare Law• Immigration Law• Insurance Law• Labor & Employment Law

• Maritime & International Law• Minorities in the Profession• Oil & Gas Law• Pharmaceuticals/Medical

Devices• Products Liability• Real Property Law• Solo & Small Firm• Study Group on Cuba• Tax Law• Wellness & Stress Management• Wills/Trusts/Successions• Women in the Profession• Workers’ Compensation Law

Contact Liz Daino at (504) 525-7453 or [email protected]

Briefly Speaking Editors: Alex H. Glaser

Jason P. Waguespack

Please send all Around the Bar submissions to Emily Anderson at

[email protected]

ADVERTISING - ADVERTISING - ADVERTISING

ADVERTISING - ADVERTISING - ADVERTISING

Contact Emily Anderson at [email protected]

for advertising information and rates for 2015-16.

PAGE 2 - BRIEFLY SPEAKING

Family Law Committee Lunch & Learning CLE Series

Speaker: Sally Brown Richardson, Tulane University Law School

Date: Wednesday, July 6, 2016

Time: Noon - 1 p.m.

Location: Civil District Court, 421 Loyola Avenue, Room 206

CLE: 1 hour of CLE credit

Cost: NOBA Member Discount: $35; Non-Member: $55 (includes lunch)

To Register: Contact NOBA at (504) 525-7453 or email Liz Daino at [email protected]

Goodwill and Valuation CLE

Tools of the Family Law Trade CLESpeaker: Paul Weidig, JDC Hearing Officer


Time: Noon - 1 p.m.





Speaker: Frank Tranchina, Tranchina & Mansfield, LLC

Date: Tuesday, July 26, 2016

Time: Noon - 1 p.m.





Evidence Issues - Objections, Admissibility, and Code of Evid. Art 101 CLE

Sally Brown Richardson, Speaker

Frank Tranchina,Speaker

Steven Lane, Chair


Tax Law Committee

Speaker: Assessor Errol G. Williams, Orleans Parish Assesors Office

Date: Thursday, July 28, 2016

Time: Noon - 1 p.m.

Location: NOBA Office, 650 Poydras Street, Suite 1505




Meet the Orleans Parish Property Assessor Errol Williams CLE

Real Property Committee

Speaker: Bob Rivers, City Planning Director


Time: Noon - 1 p.m.


Cost: $14 (includes light lunch)


Current Developments in the new New Orleans Zoning Ordinance

Solo and Small Firm Practitioners CommitteeWisely Spending Limited Tech and Marketing Dollars CLE

Date: Thursday, July 21, 2016

Time: Noon - 1 p.m.





Bob Rivers, Speaker

Assessor Errol G. Williams, Speaker

Jade Brown-Russell, Chair

Kara Hadican Samuels,Chair


Approach the Bench CLE Series

2016 Events for Summer Law Clerks

Dos and Don'ts of Summer Clerkships

July 14 Seminar and Social 3:30 pm Everything you’ve always wanted to know but were afraid to ask about summer clerkships, including conduct, attire, and etiquette.

Seminar (3:30 - 4:30 pm) IP Building, 643 Magazine Street Social (4:30-6:00 pm) Capdeville, 520 Capdeville Street

not–to–be–missed seminar

Social Events & Fundraisers

court practice & procedure tips

mix and mingle

For more information or to register, please contact the New Orleans Bar Association (504) 525-7453 or email [email protected]

June 14 Judge Nakisha Ervin-Knott 12-1 pm Orleans Parish Civil District Court July 12 Judge Lance M. Africk 12-1 pm United States District Court- EDLA Aug. 11 Judge Byron C. Williams 12-1 pm Orleans Parish Criminal District Court

421 Loyola Avenue, Suite 303, New Orleans Free for NOBA members; $25 for non-members

500 Poydras Street C-405, New Orleans Free for NOBA members; $25 for non-members

2700 Tulane Avenue, Sec. G New Orleans Free for NOBA members; $25 for non-members

July 17 YLS Pro-Bowl-O-Tournament 1:00 pm Charity bowling tournament for the Pro Bono Project July 27 Southeast LA Legal Services “Bar Exam” 5:00 pm Raises FUNds for Southeast Louisiana Legal Services Sept. (TBD) Legalpalooza 6:00 pm Charity Concert for Southeast LA Legal Services Oct. 13 YLS Golf Tournament 1:30 pm Hit a Hole in One for Southeast LA Legal Services!

Rock „n‟ Bowl 3016 South Carrollton Avenue, New Orleans Eiffel Society 2040 Saint Charles Avenue, New Orleans Carrollton Station 8140 Willow Street, New Orleans Audubon Golf Course 6500 Magazine Street, New Orleans Teams of Four Compete

Since taking over as NOBA Family Law Chair several years ago, how have you used your chairship to promote the goals of the New Orleans Bar Association?

The mission of the New Orleans Bar Association is to preserve the dignity and viability of the Rule of Law. When I took over as Chair of the Family Law Section, my primary goal was to engage in discussions with members of the Bar that would promote not only a knowledge of the law, but equally important, the discussion of courtesy, civility, and professionalism in relationships between lawyers, their clients, and the court.

Too often I have seen or been involved in incidents at hearings, depositions, and in the general practice of law, in which I have observed a distinct change in the way lawyers interact with the court and each other, which, if it continues, can only adversely affect the practice of law and the public’s perception of lawyers, a perception that is already lacking.

What have you done as Family Law Chair to address these concerns?

When I became Family Law Chair, I immediately suggested and have implemented a mentoring program for lawyers to assist them with any problems that they are having either in the practice of law or in any of their particular family law cases.

What exactly is the mentoring program?

The mentoring program involves an offer by the New Orleans Bar Association for me, as well as other highly respected and experienced family lawyers, to meet with other lawyers on an individual or group basis in which we try to mentor lawyers by discussing any problems they are having in the practice of law or in their individual cases.

What has been your observation of the results of the mentoring program?

Fortunately, I have been able to engage the services of many excellent and experienced family law attorneys, too numerous to mention, who have donated their time to meet with attorneys individually to discuss every conceivable problem that a lawyer could have in developing their law practice; marketing themselves; addressing issues in their cases; dealingwithparticularlydifficultorRambo-likeopposingcounsel,etc.

Is the mentoring program limited to any experience level?

No, it is not. We have met with attorneys who are fresh out of law school; others who have been practicing5-10years;andeventhosewhohavesubstantiallymoreexperiencebutarefacing unique problems and issues in their cases and feel the need to bounce their ideas and thoughts off of other family law attorneys who can assist them.

How would you describe the success of your program?

The best barometer for the success of the program has been the many letters we have received from attorneys over the last several years thanking us for having a mentoring program.

NOBA’s Q&A with Family Law Chair Steven Lane

of Herman, Herman & Katz


BRIEFLY SPEAKING

The attorneys express gratitude for receiving new information and insight that they hadn’t thought of. They’re appreciative of attorneys who share their time and experience with them. They express their indebtedness, especially in custody cases, where a young child’s well being is at issue.

They see our willingness to offer this mentoring program as a “gift of time” in which they see themselvesasthe“beneficiaryofourwisdomandyears.”

When you get that type of reaction from people who you never knew or had never met before, it gives before, it gives you a sense that you are making the practice of law better for other attorneys and hopefully assisting them in the administration of justice in a way that will be beneficialtotheirclientsandappreciatedbythejudgebeforewhomtheyareappearing.

Is there any cost for an attorney to get the benefit of the mentoring program?

The only cost is that the attorney be a member of the New Orleans Bar Association. Quite frankly, the cost of becoming a member of the New Orleans Bar Association is minimalcomparedtothebenefitofbeingabletositdownwithanexperiencedfamily law attorney for an hour or so and solve case problems that might have otherwise taken the mentored attorney days or weeks to solve.

How do attorneys go about becoming involved in the mentoring program?

It is as simple as contacting the New Orleans Bar Association and asking for an appointment to meet with me or any of the other highly skilled family law attorneys who have made themselves available. What else has the Family Law Committee done that you think other New Orleans lawyers should know about?

The New Orleans Bar is extremely fortunate to have a wonderful group of dedicated, hard working, and caring judges who are willing to give of their time, notwithstanding their own extremely busy schedules, to meet with lawyers and give their insight and input on a variety of topics. What are some of the topics that lawyers have met and discussed with CDC judges over the last couple of years?

Well, the goals of the New Orleans Bar Associa-tion, among other things, are to improve the administration of justice; provide the highest quality professional programs to lawyers; and encourage the involvement of young lawyers, mi-norities,andsoloandsmallfirmpractitionersinthe legal process. To that end, I have arranged for meetings in which Civil District Court judges in Orleans Parish, teachers, skilled lawyers and medi-ators,JeffersonParishHearingOfficers,andothersmeet in the Civil District Court courtrooms. These meeting usually take place three to four times a year during the lunch hour, and discuss at length particular issues that are important to he judges and lawyers alike.

BRIEFLY SPEAKING

We have met and discussed topics such as Marriage Equality and its Effects in Louisiana; Mediation; Hints for a Successful Family Law Practice; Family Law Update; Select Recent Developments in Matrimonial Regime Law; How to Handle Community Property Litigation on a Budget; and Ethics and Professionalism.

Are there any upcoming programs that members of the Bar should be aware of?

Yes,wehaveplannedthreelunchmeetingsinthenearfuture.Specifically,wewillbemeetingon: July 6 at noon in Judge D’Souza’s courtroom to discuss Goodwill and Valuation with ProfessorSallyBrownRichardsonofTulaneUniversityLawSchool;July20atnooninJudge Barial’scourtroomtodiscussToolsoftheFamilyLawTradewithHearingOfficerPaulWeidigof the24thJudicialDistrictCourt;andJuly26atnooninJudgeErvin-Knott’scourtroomtodiscuss Evidence Issues with attorney Frank Tranchina.

What have you found to be the benefit of these lunch meetings with judges and others?

When you combine learned and caring judges giving their insight, along with experienced andexcellentattorneys,infrontofacourtroomfilledwithlocallawyerseatingpo-boys, it can only be a good experience. But seriously, there has been unanimous positive feed back in which lawyers have expressed their appreciation both for what they have learned at the lunch meetings with the judges, and for the opportunities to talk with judges and other counsel in a more relaxed and open atmosphere.

Do you have any other goals as Chair of the Family Law Section of the New Orleans Bar Association?

Fortunately or unfortunately, it has been my experience that the highest number of cases filedandlitigatedinOrleansParisharefamilylawcases.Itisunfortunatethatmany attorneysdonothavethebenefitofamentorforthesetypesofcases.Totheextentthat the New Orleans Bar Association can enhance the prospect that family law cases will be handled competently and with courtesy, civility and professionalism between counsel, then we will have met our goal of improving the administration of justice, increasing access to legal services, providing professional programs to our members, and encouragingyounglawyers,minorities,andsoloandsmallfirmpractitionerstomake the practice of law in Orleans Parish a better experience for the lawyers, their clients, and the judges.

Every aspect of a professional’s life can be negatively impacted when they are suffering with mental health or substance use issues. There are often recognizable signs that occur in their professional and personal life that indicate that they may be impaired. Reach out to JLAP if you recognize the signs that indicate a colleague or someone you care about may need help. JLAP’s mission is to confidentially provide direction and support to address these treatable conditions and restore the legal professional's health and functioning.

RELATIONSHIP PROBLEMS Complaints from clients Problems with supervisors/co-workers Disagreements or inability to work with colleagues Avoidance of others Irritable, impatient Angry outbursts Inconsistencies or discrepancies in describing events Hostile attitude Overreacts to criticism Unpredictable, rapid mood swings Non-responsive communication

PERFORMANCE PROBLEMS Missed deadlines, procrastination Decline in productivity/number of

hours worked each year Inadequate follow through Lack of attention Poor judgment Difficulty with recall, remembering

details or instructions Poor concentration Difficulty managing client funds and/

or trust accounts Erratic work patterns Blaming or making excuses for poor performance

PERSONAL PROBLEMS Legal separation or divorce Credit problems, judgments, tax liens, bankruptcy Unpredictable emotional reactions Pattern of family crisis Frequent illnesses or accidents Interactions with law enforcement Deterioration of personal appearance, hygiene, and/or health Isolating from friends, family and social

activities

ATTENDANCE PROBLEMS Arrives late and/or leaves early Taking long lunches Not returning to work after lunch Missing appointments Unable to be located Ill with vague ailments Absent (especially Mondays/Fridays) Frequent restroom breaks Last minute cancellations Failure to appear at depositions or

court hearings Frequent illness or days off Excessive doctor’s appointments

All calls to JLAP are CONFIDENTIAL (985) 778-0571 | www.louisianajlap.com

How To Know If A Colleague Needs Help

NOBA was recog-nized for its years of collaboration with the LSBA and its initiatives to promote diversity, indigent defense and construction of an Orleans Parish Court-house. NOBA has an enduring commitment to diversity and inclu-sion and its partner-ship with Southeast

Louisiana Legal Services supportsthefirst-of-its-kind,bar-sponsoredPublicInterest Law Fellowship.

BUSY AT THE BAR

A defendant in a putative class action is not entitled to the dismissal of the complaint upon submitting an offer of judgment to the named plaintiff that would, if accepted, granttheplaintiffallhewasentitledto.Campbell-EwaldCo.v.Gomez,No.14-857(U.S.Jan.20,2016).

At issue was a claim under the Telephone Consumer Protection Act, a law that prohibits “using any automatic dialing system” to send a text message to a cellular phone without the recipient’s prior express consent. The defendant allegedly sent an unwantedtextmessagetoJoseGomez,whorespondedwithanationwideclass-ac-tion complaint seeking statutory damages, treble damages for a willful and knowing violation of the act, and an injunction against the defendant’s further sending unso-licitedmessages.Inresponse,thedefendantpresentedGomezwithaRule68offerof judgment, proposing to settle the case in exchange for the maximum statutory

damages, costs, and a stipulated injunction in which it agreed not to send any text messages in violation of the act. The defendant continued to deny liability, however. Gomez did not accept the offer and let it lapse. The defendant, nevertheless,movedtodismissthecaseforlackofsubject-matterjurisdiction.Accordingtothedefendant,nocaseor controversy remained, because its offer mooted Gomez’s individual claim by providing him with complete relief. Becausetheofferofjudgmentprecededanymotionforclasscertification,thedefendantargued,theputativeclassclaims were also moot.

Resolving a split in the circuits, the Supreme Court ruled that an unaccepted offer could not moot a putative class action.Interestingly,theCourtdeclinedtospeculateastowhethertheresultwouldhavebeendifferentif(1)thedefendant had deposited the full amount of the plaintiff’s individual claim in an account payable to the plaintiff, and (2)thedistrictcourtthereafterenteredjudgmentfortheplaintiffinthatamount.Becausethecasewasremandedtothe district court, one expects the defendant to pursue this possible opening.

The NOBA Young Lawyers Section was recognized with the 2016FriendofProBonoAward from the LSBA forprovidingsignificantsupport in the delivery of legal services to Louisi-ana’s indigent. The YLS holds four fundraisers everyyeartobenefitlegal services to the less fortunate:Bar&Grillecookingcompetition,Pro-Bowl-OTournament,Legalpalooza singing competition and a golf tournament.

U.S. Supreme Court Rejects Effort to Moot Putative Class ActionWritten by Thomas Flanagan, Class Action/Complex Litigation Committee Chair


AROUND THE BARDeutsch Kerrigan, LLP would like to announce Sloan L. Abernathy as its newest associate in thefirm’sNewOrleansoffice.

103-year-oldMarian Mayer Berkett was namedthe2016Alumnaof the Year by the Tulane Law Review. She joined Deutsch Kerrigan in 1937.

Barrasso Usdin Kupperman Free-man & Sarver, L.L.C. is pleased to announce that the Firm was ranked as Top Tier for Commercial Litiga-tioninthe2016editionofChambers USA.Additionally,allfivenamedpartners were ranked as top litigators inthestate:Judy Y. Barrasso, Ste-ven W. Usdin, Stephen H. Kupper-man, George C. Freeman, III, and Richard E. Sarver.

Gordon, Arata, McCollam, Du-plantis & Eagan, LLC has been recognizedasaleadinglawfirmin Louisiana in Chambers USA: America’s Leading Lawyers for Business. The following attorneys werenamedasleadersintheirfield:Michael Botnick, Construction; Steven W. Copley, Ewell (Tim) E. Eagan, Jr. and Howard E. Sinor, Jr.,Litigation:GeneralCommercial;Donna Phillips Currault,Labor&Employment; C. Peck Hayne, Jr. and Scott A. O’Connor,Energy&NaturalResources:Oil&Gas;andMarion Weinstock,Banking&Finance.

Judy Y. Barrasso

Steven W.Usdin

Stephen H.Kupperman

George C.Freeman, III

Richard E.Sarver

Herman, Herman & Katz, LLC is proud to announce that its man-aging partner, Steven Lane, has been named Chairforthe2016

Family Law Committee for the New Orleans Bar Association. Steven also serves as Vice President for NOBA and Chair for the Lawyer Referral Service.

The Louisiana Association of Defense Counsel is pleased to an-nounce E. Phelps Gay as its newly installedPresidentforthe2016-17term.


The Patterson Resolution Group o�ers dispute resolution services in complex cases to businesses and individuals across Louisiana and the Gulf South. Group members include �ve former presidents of the Louisiana State Bar Association and a retired district court judge. �e members have substantive experience in disputes in areas such as:

Contact Mike Patterson at 866-367-8620. Or visit the group’s website at www.pattersonresolution.com for more information and the article, “Getting Your Client and Yourself Ready for Mediation.”

Corporate and BusinessCommercial Real EstateOil and GasMaritimeConstructionProducts Liability

BankingEmploymentInsuranceHealthcareProfessional LiabilityGovernmental

BATON ROUGE • NEW ORLEANS • LAFAYETTE • SHREVEPORT • MONROE

Ross Foote Phelps Gay Thomas Hayes, III Mike McKay

Pat Ottinger Mike Patterson Marta-Ann Schnabel

of complex disputes

Mediation Arbitration

and

The Dos and Don’ts of Summer ClerkshipsSeminar and Social - July 14th

Seminar 3:30 - 4:30 pm

IP Building, 643 Magazine Street

Social4:30 - 6:30 pm

Capdeville, 520 Capdeville Street

New Orleans Bar Association Young Lawyers Section

FREE for summer law clerks and NOBA YLS members

To register: Call (504) 525-7453 or email [email protected]

sponsored by:

Steven J. Lane, Chair Family Law Committee Issue.pdf · · 2017-01-19Steven J. Lane, Chair Family...

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