November 29, 2021

Volume XI, Number 333

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November 29, 2021

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Louisiana Supreme Court Hates Rule 7.4 Like I Do re: Attorney Ethics

In a  June 2014 National Law Journal column (Download NLJ - Nix Specialization Rule), I wrote that Rule 7.4 was unnecessary, harmful, paternalistic, and unnecessary. In fact, I argued the Rule -- and not its violation -- actually injured potential clients.

Now it appears the Louisiana Supreme Court agrees. In its per curiam opinion In re Loughlin, the court refused to discipline a lawyer whose website claimed his firm "specializ[ed] in maritime personal injury and death cases" because, it found, he had no culpable state of mind and his conduct had caused harm to the public.

The lawyer engaged in a typical violation of Rule 7.4. And the Court found that, as is typical of Rule 7.4 violations, a violation causes no harm. Thus, Rule 7.4 really is a stupid, pointless rule, one that should be nixed.

© Copyright 2021 Armstrong Teasdale LLP. All rights reserved National Law Review, Volume IV, Number 275
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