Preston J. Castille Jr. & Family - Baton Rouge Bar Association

2011 BRBA PresidentPreston J. Castille Jr. & FamilyBar LuncheonThursday, Jan. 13

insideJANUARY 20114 Contributors5 Letter from the president“Superheroes” BY PRESTON J. CASTILLE JR.6 Bar luncheon7 2011 BRBA election results8 Letter to the editor9 President’s awardsOn the cover:This month’s cover photo features a photograph of 2011 BRBAPresident Preston J. Castille Jr. and wife Marian, along with theirchildren: (L to R) Abigail Castille, Jillian Augustine and Preston“Trey” Castille III.Cover photography by Daria Doyle.10 Tales from the bar side“Life is a box of ... evidence” BY VINCENT P. FORNIAS11 YLS corner“Young lawyers encouraged to attend memorial ceremony”BY AMANDA STOUT12 “Expert witness discovery under revised federal Rule 26”BY EDWARD J. WALTERS JR.14 In memoriam“He was one of the good ones: Tribute to Stephen R. Wilson”15 Bar newsBY GRACELLA SIMMONS & STEVE JUDICE20 West’s Jury Verdicts – Baton Rouge21 “BRBF invests in the future of our community by establishingthe Junior Partners Academy” BY GAIL GROVER22 Gail’s grammar22 Foundation footnotesJanuary 2011 Around the Bar 3

contributorsPreston J. Castille Jr., a partner with Taylor, Porter, Brooks & Phillips,is the 2011 president of the Baton Rouge Bar Association.Fred T. Crifasi, a solo practitioner, is the past president of the BRBA.Vincent P. Fornias, an assistant editor of Around the Bar, is a solopractitioner whose practice focus is alternative dispute resolution.Gail Grover, director of Juvenile Services, is a contributing writer.Pamela Labbe is the communications coordinatorof the Baton Rouge Bar Association.Kelseay Reed was the Fall 2010 public relations intern of the BRBA.Gracella Simmons, a partner with Keogh, Cox & Wilson,is a member of the Publications Committee.Steve Judice, a partner with Keogh,Cox & Wilson, is a contributing writer.Gail S. Stephenson, an assistant editor of Around the Bar,is the director of legal analysis and writing and an associateprofessor of law for the Southern University Law Center.Amanda Stout is the 2011 chair of the Young Lawyers Section of the BRBA.Edward J. Walters Jr., a partner with Walters PapillionThomas Cullens LLC, is the editor of Around the Bar.TEEN COURT OF GREATER BATON ROUGEneeds attorneys to volunteer toassist with the program.To find out more, contact Donna Buuck at 225-214-5556 or donna@brba.orgor R. Lynn Smith Haynes at 225-214-5564 or lynn@brba.org.Published by the Baton Rouge Bar AssociationP. O. Box 2241, Baton Rouge, LA 70821Phone (225) 344-4803 • Fax (225) 344-4805Web site: www.brba.orgIn three years, the Baton Rouge Bar Association will be adiverse mix of young energy and old traditions in service tomembers, the community and the legal profession.OFFICERSPreston Castille Jr., President ..............................387-3221Gail S. Stephenson,President-elect .................................771-4900, ext. 216Michael S. Walsh, Treasurer .................................344-0474Darrel Papillion, Secretary ...................................236-3636Fred Crifasi, Past President ..................................766-0014DIRECTORS AT LARGERobert “Bubby” Burns Jr.Linda Law ClarkJeanne ComeauxAmy C. LambertKyle FerachiKarli Glascock WilsonLaurie Marien, Ex OfficioSheri Morris, Ex OfficioAmanda Stout, Ex OfficioEmily Black GreyABA DELEGATEYOUNG LAWYERS SECTION OFFICERSAmanda Stout, Chairman ....................................382-3693Jamie Hurst Watts, Chairman-elect ..................922-5110Lyla N. DeBlieux, Secretary. ..............................???????????Catherine S. Giering, Past Chair .........................343-5290YOUNG LAWYERS SECTION COUNCILSebastian Caballero AshtonMichael J. BusadaScotty ChabertAdam ThamesLaranda Moffett WalkerFAMILY LAW SECTIONLaurie Marien, Chair ...............................................769-8500Wendy L. Edwards, Chair-elect...........................387-1724Thomas Hessburg, Secretary. ..............................?????????Melanie N. Jones, Past Chair ...............................344-2200STAFFAnn Gregorie Scarle 214-5563Executive DirectorDonna Buuck 214-5556Education CoordinatorR. Lynn S. Haynes 214-5564Assistant Teen Court CoordinatorMargaret Johnson 344-4803Administrative AssistantRobin Kay 214-5561Pro Bono CoordinatorSusan Kelley 214-5559Office ManagerPamela Labbe 214-5560Communications CoordinatorCarole McGehee 214-5557Lawyer Referral CoordinatorTrang Nguyen 214-5558Pro Bono CoordinatorJulie Ourso 214-5572BookkeeperPUBLICATIONS COMMITTEEEditor: Edward J. Walters Jr.— 236-3636Assistant Editors:Vincent P. Fornias — 769-4553Gail S. Stephenson — 771-4900, ext. 216Graphic Design / Ad Sales:Pamela Labbe — 214-5560AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to theeditor. Articles should be less than 1,800 words, typed and single-spaced. A Microsoft Word file should be e-mailed as an attachment to:pamela@BRBA.org.For advertising information call Pamela Labbe at 225-214-5560. Display ads should be e-mailed as a high-resolution attachment as a.PDF, and classified ads as text only. Publication of any advertisement shall not be considered an endorsement of the product or serviceinvolved. The editor reserves the right to reject any advertisement, article or letter.Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. Torequest permission or for more information, contact Pamela Labbe at 225-214-5560 or pamela@BRBA.org.Robert CollinsAmy E. CounceLani DurioKatie EckertRachel EmanuelGreg GounerMarshall GrodnerLexi HolingaKate Bailey LabueAll Rights Reserved • Copyright ©2011Dale LeeJohn McLindonJessica OrgeronDarrel PapillionGracella SimmonsArt VingielloJeff WittenbrinkMonika Wright4 Around the BarJanuary 2011

letter fromthe presidentBY PRESTON J. CASTILLE JR.SuperheroesPHOTO BY DARIA DOYLEMy son Trey and I are big fans of comic book superheroes. When Trey was a kid, I wouldoften tell him ordinary people also have the power to be superheroes (or super villains). Similarly,every year, I tell my law students that with the ability to practice law they will be given great power,and “with great power comes great responsibility.” Indeed, as lawyers, we are ordinary peoplewith super powers. I encourage my students to be “superheroes” andchoose to do good and not evil with their new powers. Every day, weliterally change the world through the representation of our individualclients and in the laws we make, interpret and enforce that govern ourcommunities and shape our democracy.Like superheroes, our two organizations – BRBA and BRBF– have provided incredible service to our members and fantasticoutreach programs to the community. This year, under the directionof Amy Lowe and Bridgette Jamison, the Luncheon and SymposiumCommittee has joined forces with section and committee chairs NinaHunter, Amanda Stout, Ken Mayeaux, Laurie Marien and Eric Millerand Southern University Law Center Vice Chancellor John Pierre totransform our monthly luncheons into a year-long symposium on“Community Justice.” The committee recognizes that “justice” isthis rather amorphous and often elusive concept that, as lawyers andcitizens, we struggle to define and achieve every day. To the plaintiffand the defendant, to the crime victim and the accused, and to the tortfeasorand the injured, justice has a different meaning. However, everyday it is our duty to grapple with and pursue this ideologically movingPreston J. Castille Jr.target we call justice.To that end, instead of a single speaker, we hope our new formatof panel discussions will provide a provocative forum to stimulate an exchange of ideas forimproving our community and system of justice. Be forewarned: Discussions about justice andour system of justice evoke emotion and passion. Bring your thoughts and ideas and be preparedto agree, and to agree to disagree. While the Association will not choose sides as we represent thebar as whole, we welcome all points of view. We kick off this symposium in February with allfour Louisiana law school deans and chancellors as they discuss the “State of Legal Education”— where it all began for us.To ensure there will be future superheroes to replace us, Steve Carlton’s Youth EducationCommittee will introduce this month its new pilot program: Junior Partners Academy (JPA). Thegoal of this new program is to encourage our children at an earlier age to become champions ofour justice system and not victims, to become heroes and not villains.But even superheroes need to have fun! We will have lots of networking opportunitiesincluding a farewell performance by the Bench Bar Boogie Band at the the Bench Bar Conferenceand will feature a new band, the Benjy Davis Project. We will also say good-bye to our dearlydeparted and welcome our new lawyers this month at our Opening of Court, Memorial and NewMember Ceremony.Finally, I thank Fred T. Crifasi and the past presidents who have been our organizations’heroes for years. To my own special heroes, my wonderful wife Marian and our children, thankyou for all your love and support. And to my second family, Taylor Porter, thank you for openingdoors for me and being a leader in the Baton Rouge community for the last 99 years.January 2011 Around the Bar 5

januarybar luncheonTHURSDAY, JAN. 13, 2011Judge Brian A. Jackson to presideover installation of new BRBAofficers, board membersThe BRBA will hold its January Bar Luncheon at 11:45a.m. Thursday, Jan. 13, 2011, at De La Ronde Hall. JudgeBrian Jackson will preside over the installation of 2011 BRBAofficers and directors. All past presidents will be honoredduring the luncheon.The following are the newly elected members of theBRBA Board of Directors: Preston J. Castille Jr., president;Gail S. Stephenson, president-elect; Michael S. Walsh,treasurer; Darrel Papillion, secretary; and Fred T. Crifasi, pastpresident. The 2011 Directors at Large are Robert “Bubby”Burns Jr., Linda Law Clark, Jeanne Comeaux, Kyle Ferachi,Amy C. Lambert and Karli Glascock Wilson.Young Lawyers Section officers are Amanda Stout, chair;Jamie Hurst Watts, chair-elect; Lyla N. DeBlieux, secretary;Catherine Saba Giering, past chair. Young Lawyers SectionCouncil members are Sebastian Caballero Ashton, MichaelBusada, Scotty E. Chabert, Adam Thames and LarandaMoffett Walker.Family Law Section officers for 2011 are Laurie Marien,chair; Wendy Edwards, chair-elect; Thomas Hessburg,secretary; and Melanie Newkome Jones, past chair.Also during the luncheon, Fred T. Crifasi will presentthe 2010 President’s Awards and the Young Lawyers SectionKeogh Award will be presented.After attending the January Bar Luncheon, plan toremain at De La Ronde Hall to earn two hours of CLE credit.Beginning at 1:30 p.m., Jim Boren will present an ethics CLE(1:30-2:30 p.m.), followed by a Professionalism CLE seminarby Judge John Michael Guidry (2:30-3:30 p.m.).Admittance to the bar luncheon is $20 per BRBAmember and $30 per non-BRBA member. We accept paymentin advance and at the door. VISA, MasterCard and AmericanExpress are accepted.Fax this form to 225-344-4805 before noon Monday,Jan. 10, 2011, to register. Checks are payable to the BRBA,P.O. Box 2241, Baton Rouge, LA 70821.PLEASE ATTEND THIS SPECIAL EVENT:WEDNESDAY, JAN. 19 — Opening of Court, Memorial & New Member Ceremony; new 19th JDC building at 8:30 a.m., 11th Floor.A remembrance of those who have passed away and an introduction of new members of the bar.SCHEDULE OF COMMUNITY JUSTICE SYMPOSIUM & BAR LUNCHEONS:THURSDAY, FEB. 3, 2011 — February Bar Luncheon: The State of Legal Education; De La Ronde Hall at 11:45 a.m.Featuring: LSU Law School Chancellor Jack Weiss, Southern University Law Center Chancellor Freddie Pitcher Jr. ,Tulane Dean David Meyer and Loyola Dean Kathryn Venturatos Lorio.THURSDAY, MARCH 3, 2011 — March Bar Luncheon: Legislating Justice; De La Ronde Hall at 11:45 a.m. Featuring:Sen. Dan Claitor, Sen. Rob Marionneaux, Rep. Franklin Foil, Rep. Hunter V. Greene, Rep. Michael L. Jackson and Rep. Eddie J. Lambert.Please fax this page to the Baton Rouge Bar Association, (225) 344-4805, by noon Monday, Jan. 10, 2011.Bar Roll No.__________________________Please check applicable boxes: ❏ BRBA member ❏ BRBA non-member ❏ guest of ________________Name____________________________________________________ Firm___________________________________________Address_________________________________________________________________________________________________City ________________________________________________________ State ____________ Zip _______________________Phone ___________________________________________________ Fax ___________________________________________E-mail ___________________________________________________❏❏YES, register me for the JANUARY BAR LUNCHEON at DE LA RONDE HALL taking place Thursday, Jan. 13, 2011, at a cost of $20 perBRBA member, and $30 per nonmember. Reservations may be transferred, but not canceled, after 12 p.m. Monday, Jan. 10, 2011.“No shows” will be billed.If paying by credit card, please include the following:YES, register me for the 2 HOUR CREDIT CLE SEMINARat DE LA RONDE HALL taking at place 1:30 p.m. Thursday, Name on credit card_________________________________Jan. 13, 2011, at a cost of $50 per BRBA member, and $75per nonmember. Reservations may be transferred, but not Type of card: (circle one): MC VISA AmericanExpresscanceled, after noon Monday, Jan. 10, 2011. “No shows” will Card Number:______________________________________be billed. Ethics by Jim Boren, 1:30-2:30 p.m. ProfessionalismExp. Date: ___________________ Security code: _________by Judge John Michael Guidry, 2:30-3:30 p.m.6 Around the BarJanuary 2011

2011 BRBAelection resultsBOARD OF DIRECTORS & YOUNG LAWYERS SECTION COUNCIL OFFICERS2011 OFFICERS & DIRECTORS-AT-LARGEPRESTON J.CASTILLE JR.PresidentGAIL S.STEPHENSONPresident-electMICHAELS. WALSHTreasurerDARRELPAPILLIONSecretaryFRED T. CRIFASIPast PresidentROBERT J.“BUBBY” BURNS JR.Director-at-largeLINDALAW CLARKDirector-at-largeJEANNE COMEAUXDirector-at-largeKYLE FERACHIDirector-at-largeAMY C. LAMBERTDirector-at-largeKARLI GLASCOCKWILSONDirector-at-large2011 YOUNG LAWYERS SECTIONOFFICERS & COUNCILAMANDASTOUTChairJAMIE HURSTWATTSChair-electLYLA N.DEBLIEUXSecretaryCATHERINE SABAGIERINGPast ChairSEBASTIANCABALLEROASHTONYLS CouncilMemberMICHAELBUSADAYLS CouncilMemberSCOTTY E.CHABERTYLS CouncilMemberADAMTHAMESYLS CouncilMemberLARANDAMOFFETTWALKERYLS CouncilMemberPierce & Associates, L.L.C.Providing Service for the Legal ProfessionCivil & Criminal InvestigationsAccident Investigation • SurveillanceWitness Statements • Service of ProcessJACK PIERCEPHONE: (225) 642-4030FAX: (225) 642-4009E-MAIL: jackpierce1@cox.netJanuary 2011 Around the Bar 7

letter tothe editor... Fred [Menner] actually ran the halfmarathon in October [2010] with thatbroken “pinky” toe. He took a lot ofgrief for announcing that he broke his“pinky toe,” but did manage to run therace six weeks later in less than threehours! I thought you might want therest of the story [written in responseto Vince Fornias’ Tales from the BarSide, December 2010 issue of Aroundthe Bar].Jennifer KleinpeterDeputy Criminal Chief, United States Attorney’s OfficeI would like to thank you [Susan S. Kelley] and thevolunteers of the Holiday Star Project of the BatonRouge Bar Association for the wonderful Christmas giftspurchased for students of the Louisiana School forthe Visually Impaired. Through the generousity ofyour project volunteers, LSVI students have been ableto enjoy a wonderful Christmas. We hope the projectbrightens your holiday season as much as it does ours.Again, thank you for your support.Bobby SimpsonInterim Director,Louisiana School for the Visually ImpairedRIBBON CUTTING CEREMONYMark your calendar forMonday, Jan. 10,at 4 p.m. for aRibbon Cutting Ceremony at thenew 19th JDC Courthouse.8 Around the BarJanuary 2011

president’s awardsBY FRED T. CRIFASIThis year a total of five President’s Awards will bepresented during the January Bar Luncheon, which willtake place Thursday, Jan. 13, 2011, at De La Ronde Hall.The award recipients will be as follows:Sonny Chastain: For single handedly recruiting all of ourguest speakers for our fantastic luncheon program.Edmund Giering: For his tireless effort and meticulouswork of revising our Articles of Incorporation andBylaws.Storywood: The “other band” for celebrating 10 years ofBellying Up to the Bar and for, again, making the trek toPerdido for our Thursday night party.Erik Kjeldsen: Otherwise known as Mr. Volunteer, Erikhas withstood the test of time and become a shiningexample of what one can do simply through the avenuesthis Association provides.Award winners announcedJudge William “Billy” Morvant, who served as chairof this year’s excellent Bench Bar conference, attendedalmost every event we had and again slaved over hot coalsin the hot sun to grill hamburgers for our annual softballtournament in August. This kind of participation from thebench is absolutely wonderful.StorywoodStorywood, together since1993, is a Baton Rouge-basedband that performs classicrock and vintage rock and rollmusic. Photographed (L to R,standing) are Kelly Hannan,Dale Craft, Brian Dubreuil,Alan Berteau; (kneeling) BrianAndrews and Linda Dupuy.Chastain Giering KjeldsenMorvantJanuary 2011 Around the Bar 9

tales fromthe bar sideBY VINCENT P. FORNIASLife is like a box of ... evidenceOur sources report that a recent incident at the now“old” state district courthouse could qualify for a segmenton The Food Channel.It seems that retired judge Tony Graphia (obviouslycalling upon his tried and true abilities as a “real” judgefrom his Family Court days) was serving as co-counselwith Jack Dampf in a personal injury trial before theHonorable Janice Clark (“JC” for short). As the day wasdrawing to a close, Judge Clark, ever hospitable to thosein her charge, had requested that food be ordered forthe jury, as she intended to keep them past supper time.Apparently, there was a change of plans – after the treatshad been delivered. There being no sense in wasting goodjury grub, Judge Clark had her bailiff inform them thatbefore they left for home for the night, they should stopby and help themselves to their share to take home withthem.Meanwhile, counsel were encamped in Judge Clark’schambers, waiting to have some finaldiscussions with her before the next day’slabors. Before you could say “bon appétit,”in appeared Judge Clark with the jury’sleftovers, inviting the litigants to partakebefore she herself stepped out briefly to takecare of some other business. True to hisSicilian roots, Judge Graphia never turneddown a good meal, and so he helped himselfto the delicious poboys and accompanimentsthat remained on the tray.Then Graphia spotted a box ofchocolates on Her Honor’s desk, one withthe cellophane wrapper already off. Hemoseyed over, thought, “what the hey,” andopened it. Alas, this was no Forrest Gumpbox of chocolates. Each morsel was moldedin the shape of intriguing little liquor casks,and portended an early start to cocktailhour starring the two major food groups –bourbon and chocolate. And so Graphia began devouringthe contents, inviting his cohorts to do the same. Beforethey knew it, there was nothing left but crumpled foilwrappings and an occasional muted burp.Almost on cue, in walked Judge Clark, and the lookon her face was not one of hospitality. More like shock.Unbeknownst to the litigants, the chocolates had been filedin evidence in a brief hearing she had held that morning– involving the Alcoholic Beverage Control board seekingsanctions against a local purveyor of the boxes. And JudgeGraphia? He simply had the grinning look of the fabledCheshire cat of Alice in Wonderland.And so, dear reader(s), what we have is a case of a real“Eye on Evidence,” with all apologies to Mike Patterson.Pending a possible judicial abdominal examination orderedby the ABC board, Judge Graphia is not saying a word,other than to observe that “crazy things always happenwhen Dampf and I get together.”MEETING ROOM FACILITIESAVAILABLE FORDEPOSITIONS & MEDIATIONSFor more information,contact Margaret Johnson at the BRBA:225-344-480310 Around the BarJanuary 2011

yls cornerBY AMANDA STOUT, YLS 2011 CHAIRYoung lawyers encouragedto attend memorial ceremonyGreetings, Young Lawyers! Welcome to the firstinstallment of the YLS Corner, which I hope will become aregular, go-to place for all things YLS.As we embark on a new year, I would be remiss if Idid not extend my sincere thanks to the 2010 YLS Councilfor a great year. Under Cathy Giering’s leadership, theYLS brought you several Thirsty Thursdays and SideBar luncheons, a well-attended Summer Sizzlin’ CLEand Cocktails with the Court and all-time favorites, suchas Belly Up with the Bar and the Holiday Star Project.We also sponsored the awards for the annual Law Dayactivities and hosted a blood drive in connection with theLSBA’s Blood Drive Week.I would like to welcome the 2011 YLS Council:Cathy Giering, Past chair; Jamie Watts, Chair-elect; LylaDeBlieux, Secretary; and our five Directors-at-Large:Sebastian Caballero Ashton, Michael Busada, Scotty E.Chabert, Adam Thames and Laranda Moffett Walker.Thank you for all the hard work you’ve already put intoplanning our 2011 events. I look forward to working witheach of you during what I know will be a fantastic yearfor the YLS.I would also like to thank all of the Young Lawyerswho participated in our survey last fall. We heard yourresponses and hope that we have planned fun, meaningfulevents for you this year.This month, the YLS encourages all of you to attendthe Opening of Court, Memorial and New MemberCeremony. This is a special event where the BRBAwelcomes our new members, including the new younglawyers, to the profession and remembers those memberswho passed away during the year. We hope that all of youwill attend the Opening of Court. If you have not visitedthe new home of the 19th JDC, Opening of Court is theperfect opportunity to see our beautiful new courthouse.We would love to hear from you. If there is anythingyou would like to see the YLS do, or do better, pleasecontact any YLS Council member.OFFICE FURNITURE WORLDAffordableQualityNew & UsedOffice FurnitureMOCKTRIAL JUDGES&TIMEKEEPERSNEEDEDYour office can looklike a million dollarswith premium qualityfurniture at savingsof 45% to 65% lessthan the standardretail cost.Serving Baton Rouge Since 1990Locally Owned225-751-402412944 Coursey BoulevardBaton Rouge, LACOURSEY BLVD. AT STUMBERG LN.The BRBF is in need ofvolunteers to be judgesand timekeepers for thethe High School Mock TrialRegion III CompetitionFeb. 25 and Feb. 26.If you are interested,please contactLynn Haynes at225-214-5564or lynn@brba.org.January 2011 Around the Bar 11

Expert witness discoveryunder revisedfederal Rule 26 BY EDWARD J. WALTERS JR.Effective Dec. 1, 2010, Rule26 of the Federal Rules of CivilProcedure has been amended tolimit the scope of expert witnessdiscovery. The 1993 amendmentsto Rule 26 greatly expandedexpert witness discovery, causingconsternation and uncertaintyas to which communicationsbetween a lawyer and his expertare protected and which willeventually be disclosed. The newamendments now in place allowa more free flow of informationbetween a lawyer and his expert.BackgroundIn 1993, Rule 26(a)(2) wasamended to greatly expand expert discovery, requiring thedisclosure of not only the materials upon which a testifyingexpert relied, but also all “data or other informationconsidered” by the expert in forming his or her opinion.Changes to Rule 26(a)(2)(B) further prevented workproductand attorney-client privileges from protecting thisinformation.Most federal courts construed “other informationconsidered” to include all facts and data provided by anattorney to an expert, as well as all draft expert reports andall attorney communication with the expert, even if thosecommunications contained attorney work-product. Therule was interpreted to require the disclosure of virtuallyevery document, e-mail and communication shared withthe expert, together with every expert report revisionand draft, thereby greatly constraining communicationbetween attorneys and experts about trial strategy, theoriesof the case and related discussions that, if disclosed to theopposing side, would reveal key confidential and privilegedinformation.To solve this problem, many lawyers employed aset of consulting experts, in addition to their testifyingexperts, to facilitate the types of strategic discussionsand brainstorming they could no longer safely conductwith testifying experts. Of course, employing twice thenumber of experts dramatically increased litigationcosts and demanded significant professional time (fromboth attorneys and experts)to comply with the expandeddiscovery obligations, andgenerating volumes of responsiveinformation and communicationsresulting in significantly longerexpert depositions with all sidesfacing the high costs of requesting,producing and digesting thisinformation.New Rule 26There are three primarychanges to Rule 26.1. Communications between alawyer and his testifying expertare now protected from any typeof discovery.2. Draft expert reports are no longer discoverable.3. New categories of expert witnesses are not required toproduce an expert witness report.Communications between lawyer and testifying expertThe amendment to Rule 26(a)(2)(B)(ii) now onlyprovides for disclosure of all “facts or data considered”in forming the expert’s opinion, rather than the broader“data or other information” disclosure prescribed in theold rule.ExceptionsNew Rule 26(b)(4)(C) expressly confers work-productprotection to almost all communication between attorneysand retained experts.The protection for communications between theretained expert and a party’s attorney should be applied in arealistic manner and may not be limited to communicationswith a single lawyer or a single law firm. For example,a party may be involved in a number of cases similar innature and may retain a particular expert witness to testifyon that party’s behalf in several of the cases. In such asituation, the protection should apply to communicationsbetween the expert witness and the attorneys representingthe party in any of those cases. Similarly, communicationswith in-house counsel for the party would often beregarded as protected even if the in-house attorney is not12 Around the BarJanuary 2011

“counsel of record” in the action.The new rules are designed to allow lawyers towork with testifying experts without exposing thosecommunications to discovery, subject to three importantexceptions, which allow discovery of:1. Any communication related to compensation;2. Facts or data provided by counsel and considered bythe expert in forming the opinions to be expressed and3. Assumptions provided by counsel and relied on by theexpert in forming the opinions to be expressed.According to the Advisory Committee notes, the term“communication related to compensation” is not limitedto compensation for work forming the opinions to beexpressed, but extends to all compensation for the studyand testimony provided in relation to the lawsuit. Anycommunications about additional benefits to the expert,such as further work in the event of a successful resultin the present case, would be included. Inquiry may alsobe made into compensation for work done by a personor organization associated with the expert. The objectiveis to permit full inquiry into all such potential sources ofbias.Under Rule 26(b)(4)(C)(ii), discovery is permitted toidentify facts or data that the party’s attorney provided tothe expert and that the expert considered in forming theopinions to be expressed. The exception applies only tocommunications “identifying” the facts or data providedby counsel. Further communications about the potentialrelevance of the facts or data are protected.Under Rule 26(b)(4)(C)(iii), discovery regardingattorney-expert communications is permitted to identifyany assumptions that counsel provided to the expertand that the expert relied on in forming the opinionsto be expressed. For example, the party’s attorney maytell the expert to assume the truth of certain testimonyor evidence, or the correctness of another expert’sconclusions. This exception is limited to those assumptionsthat the expert actually relied on in forming the opinionsto be expressed. More general attorney-expert discussionsabout hypotheticals, or exploring possibilities based onhypothetical facts, are outside this exception.Exceptions to the exceptionsUnder the amended rule, discovery regardingattorney-expert communications on subjects outsidethese three exceptions, or regarding draft expert reportsor disclosures, is permitted only in limited circumstancesand by court order. A party seeking such discovery mustmake the showing specified in Rule 26(b)(3)(A)(ii) - thatthe party has a substantial need for the discovery andcannot obtain the substantial equivalent without unduehardship. It will be rare for a party to be able to makesuch a showing given the broad disclosure and discoveryotherwise allowed regarding the expert’s testimony. Aparty’s failure to provide required disclosure or discoverydoes not show the need and hardship required by Rule26(b)(3)(A). Remedies are provided by Rule 37.Draft reportsAmended Rule 26(b)(4)(B) specifically expands workproductprotection to draft expert reports and attorneyexpertcommunications, stating as follows: “Trial-Preparation Protection for Draft Reports or Disclosures.Rules 26(b)(3)(A) and (B) protect drafts of any report ordisclosure required under Rule 26(a)(2), regardless of theform in which the draft is recorded.” It applies regardlessof the form in which the draft is recorded, whether written,electronic or otherwise.Summary disclosure for “unretained” expertsThere is a new Rule 26(a)(2)(C) and a new category ofexperts who are not required to provide written reports.Under the new rule, a report is only required “if the witnessis one retained or specially employed to provide experttestimony in the case or one whose duties as the party’semployee regularly involve giving expert testimony.” Ifthis type of expert is to be used, counsel must prepare areport that provides 1) the subject matter on which thisexpert is expected to testify, and 2) a summary of the factsand opinions to which the expert is expected to testify.In addition to experts such as treating physicians, thisamendment is designed to cover situations in which thewitness is a party, or an employee of a party, who maytestify as a both a fact witness and an expert. One examplewould be a Chief Financial Officer of a company who, inaddition to facts, plans to testify about compliance withgenerally accepted accounting standards.Timing of disclosureA party must make these disclosures at the times andin the sequence that the court orders; however, absenta stipulation or a court order, the disclosures must bemade:(i) at least 90 days before the date set for trial or for thecase to be ready for trial; or(ii) if the evidence is intended solely to contradict or rebutevidence on the same subject matter identified by anotherparty under Rule 26(a)(2)(B) or (C), within 30 days afterthe other party’s disclosure.ConclusionNeedless to say, this article touches only on thehighlights of these very important changes to Rule 26.When this issue arises, and it will, you need to readALL of Rule 26 and also read the extensive notes of theadvisory committee explaining the purpose and effect ofthese changes.January 2011 Around the Bar 13

in memoriamBY GRACELLA SIMMONS & STEVE JUDICEHe was one of the good ones:Tribute to Stephen R. WilsonAUG. 7, 1950 - NOV. 19, 2010PHOTOS PROVIDED BY REGGIE KEOGHOver and over we heard these words describing Steveafter he passed away. He was one of the good ones.On Friday, Nov. 5, 2010, Steve Wilson walked outof the doors of Keogh Cox and Wilson for the last time.Minutes later, he was involved in an automobile accident.Steve remained in the hospital in critical condition for twoweeks before doctors concluded that nothing more couldbe done. Life support was withdrawn and our gentlefriend was gone.Stephen R. Wilson was bornin Monroe, La., Aug. 7, 1950.He received his law degree fromLSU in 1976 and practiced lawin Baton Rouge for 34 years.Steve was the consummateattorney. He possessed a keen,analytical and practical mindthat allowed him to simplifycomplicated legal issues andfind practical solutions. Heepitomized the character andintegrity to which we all aspire.He possessed the gentleness ofspirit and calmness that garneredrespect from both adversary andally.Like many lawyers his age,Steve was brought kickingand screaming into the hightechworld of lawyeringthat we know today. Manyyounger lawyers might haveconsidered him “old school,”but with those old schooltendencies came old schoolmanners. Civility, honestyand fairness were but a few of the positive trademarksof Steve’s practice. Everyone who interacted with Steveknew that their lives had been touched by a competentand compassionate gentleman.Steve’s talents and interests were not confined to thepractice of law. He was an Elder at Grace Life Fellowship.Through his church, he made numerous ministry tripsto his congregation’s sister church in Barbados and toRomania.Steve loved music. He played the bass guitar at hischurch, played bluegrass on his banjo, and played andsang Irish music with his brother.Steve was an adventurer. He rode a Harley and traveledtwice to the motorcycle rally in Sturgis. He was a scubadiver who found great excitement in diving in farawayplaces such as the Red Sea, Hawaii and Fiji. Steve was alsoa snow skiing enthusiast. He loved the lure of travel andvisited many unique destinations, including India – one ofhis favorites.Steve was a wine connoisseur. He was a founder andmember of a local wine-tasting group in BatonRouge. He extensively toured the French andGerman wine areas.First and foremost, Steve was a belovedhusband, father, grandfather and friend. Hewas a man whom we will always rememberwith fondness, respect and admiration. We aretruly fortunate to have been friends ... withone of the good ones.(In photo above) Stephen R. Wilson traveled throughoutEurope with John Schexnaydre (center) and John “Reggie”Keogh (left).14 Around the BarJanuary 2011

ar newsBY KELSEAY REEDJanuary bar luncheon, swearing in ceremony forBRBA officers scheduled Jan. 13The January bar luncheon and swearing in ceremonyfor BRBA officers and directors-at-large will be heldThursday, Jan. 13, 2011, at De La Ronde Hall. Pastpresidents will be recognized. In addition, the 2010President’s Awards and the Young Lawyers Section KeoghAward will be presented. To register, see the luncheonform on page 6.Opening of Court, Memorial & New MemberCeremony to be held Jan. 19 at new courthouseWednesday, Jan. 19, 2011, at 8:30 a.m. is the dateset for the Opening of Court, Memorial & New MemberCeremony, which will be held on the 11th Floor of thenew home of the 19th Judicial District Court. All BRBAmembers are invited. Members of the bar who havepassed away from Sept. 1, 2009, to Dec. 31, 2010, will beremembered and new bar members will be recognized.Mock Trial Competition set for Feb. 25 & 26The BRBF will host the Region III High School MockTrial Competition Friday, Feb. 25 and Saturday, Feb. 26,2011. Lauren Byrd Reed is the chair of this year’s MockTrial Committee.The BRBF formerly handled the Region V competition,but due to a recent reorganization, Region III now includesAscension, Assumption, Iberville, East Baton Rouge, WestBaton Rouge, Livingston, Point Coupee, St. Tammany andTangipahoa parishes. The winning team will representRegion III at the state level competition to be held inGretna, La., March 19, 2011.Lynn Haynes, staff liaison to the committee, needsvolunteer judges and timekeepers to assist with this year’sMock Trial Competition. Contact her at 225-214-5564 orlynn@brba.org to volunteer.February Luncheon & Symposium Series to featurepanel discussion on the state of legal educationThe BRBA February Luncheon & Symposium Serieswill take place Thursday, Feb. 3, 2011, at De La Ronde Hall.It will feature a panel discussion by LSU Law ChancellorJack Weiss, Southern University Law Center ChancellorFreddie Pitcher Jr., Tulane Dean David Meyer and LoyolaDean Kathryn Lorio on the state of legal education. Fordetails, contact Ann G. Scarle at 225-214-5563.David and Michael Rubin entertain attendees at the Thursday, Dec. 2, 2010,December Bar Luncheon at De La Ronde Hall.Standing (L to R) are Michael Rubin, 2010 BRBA President Fred T. Crifasi,Janice “J.J.” Johnson and David Rubin. Johnson, with the U.S. Attorney’sOffice, sang the National Anthem prior to the luncheon as well as a holidayfavorite at the close of the luncheon.Held at the Crowne Plaza Hotel, the BRBA Nov. 4 Bar Luncheon featuredKings of Tort authors Alan Lange and Tom Dawson as the guest speakers.Pictured above are (L to R) Preston J. Castille Jr., U.S. Attorney for the MDLADon Cazayoux, Sonny Chastain, Tom Dawson, Fred T. Crifasi and Alan Lange.Chastain served as chair of the Luncheon Committee in 2010.Law Day activities to be held Friday, March 25The BRBF Law Day program will take place Friday,March 25, 2011, much earlier than in past years. Thechairperson of the Law Day Committee is Al Perkins.For more information, to join the committee or tovolunteer to assist with this year’s event, please contactDonna Buuck at 225-214-5556 or donna@brba.org.PHOTO BY PAMELA LABBEPHOTO BY PAMELA LABBEPHOTO BY PAMELA LABBEJanuary 2011 Around the Bar 15

BRBF Holiday Star Project helps brighten holidayseason of 1,080 local needy childrenThe Young Lawyers Section of the Baton Rouge BarFoundation held its Holiday Star Project gift distributionFriday, Dec. 3, 2010. The Holiday Star Project helpedspread holiday joy to 1,080 local underprivilegedchildren.The Project is in its 19th year, providing more than12,000 children clothing and gifts that they would nototherwise receive during the holiday season. More than 40members in the legal community volunteered to be “stargazers.” These volunteers helped encourage others to joinin the spirit of giving by donating to a child in need.The following 12 agencies acceptedgifts on behalf of children in their programthis year: Baton Rouge Youth, Children’sHospital, Family Service of Greater BatonRouge, Gulf Coast Teaching Family Services,HAART, Louisiana School for the VisuallyImpaired, Metro Health, Resurrection Life,St. Anthony Catholic Church, Volunteersof America Special Services, YWCA Centerfor Family Empowerment and YWCA EarlyHead Start Program.Special thanks to the hundreds of BRBAmembers who gave their time and moneyto make this holiday season special forunderprivledged children. Diesel DrivingAcademy provided a truck and two driversfor distribution of the gifts.Holiday Star Committee Staff LiaisonSusan Kelley coordinated this program.Katherine Krupa Green with the LouisianaDepartment of Justice chaired this event.Cori Blache of Roedel, Parsons, Koch,Blache, Balhoff, & McCollister servedas vice chair. Elisabeth Quinn Prescott ofBaker, Doneldson, Bearman, Caldwell,& Berkowitz, PC, served as the YoungLawyers Section representative.Members of the Holiday Star Committee, BRBA staff and volunteers arrivedat 8:30 a.m. Friday, Dec. 3, 2010, to help load gifts into a Diesel DrivingAcademy 18-wheeler on Holiday Star gift distribution day.PHOTO BY PAMELA LABBEMiddle District of La. announcesonline attorney admissionStarting Jan. 3, 2011, theUnited States District Court for theMDLA will accept applications foradmission to practice through itsonline attorney admission program.For more detailed instructions visitthe court’s website at www.lamd.uscourts.gov.Sexton ~ Hebert, Attorneys at LawFour decades of experience in theresolution of State Ethics, Campaign Financeand Lobbyist Registration issues and general Construction LawR. GRAY SEXTON10715 N. Oak Hills ParkwayBaton Rouge, LA 70810225-767-2020www.sextonhebert.comTODD HEBERT16 Around the BarJanuary 2011

PHOTO BY PAMELA LABBEPHOTO BY PAMELA LABBEPreston J. Castille Jr., Jack Dampf and Fred T. Crifasi participated in this year’sBall Maul, which took place Nov. 8, 2010, at University Club.PHOTO BY PAMELA LABBEPhotographed above are Jeremy Soso, Scott Rainwater, Scott Cowart andRyan Zumo, the team that won first place net at the BRBF Ball Maul golftournament. Zumo also won the closest-to-the-hole contest.Baton Rouge Bar Foundation holds 2010 Ball Maulgolf tournament at University ClubBall Maul golf tournament participants Kelly Balfour, Scott Emonet, MichaelDavis and John Jacobs won second place net.The BRBF hosted its annual Ball Maul golf tournamentat University Club Monday, Nov. 8, 2010. This annualfundraiser benefits the BRBF Pro Bono Project and youtheducation programs. An awards reception followed thetournament.Winning first place net was the team of Scott Cowart,Scott Rainwater, Jeremy Soso and RyanZumo. The second place net winners wereJohn Jacobs, Scott Emonet, Michael Davisand Kelly Balfour. The third place netwinners were Judge Tony Marabella, JudgeMichael Erwin, Brent Stockstill and TommyDamico. The team winning first place grosswas Dennis Shill, Matt Lofoso, TimothyMartinez and Steven Champney.The women’s longest drive contest waswon by Amy C. Lambert and CharlotteA. Pugh. The men’s longest drive contestwinner was Kyle Ferachi. Several playerswon the closest-to-the-hole contest: BradMatthews, Hunter Greene, Ryan Zumo andMalcom Dugas. Marci Blaize won the PokerRun competition.Committee Chairman Chris Jonesorganized this tournament with the helpof BRBA Executive Director Ann G. Scarleand her executive assistant, Margaret A.Johnson.The tournament’s premier sponsorwas Louisiana Health & Injury Centers/Dr. Michael J. Goff. Other sponsors wereAkers & Wisbar, LLC; Baton Rouge BarAuxiliary; Baton Rouge Coca-Cola BottlingCo.; Electronic Discovery of Baton Rouge;Farmer Medical Legal Consulting; HannisT. Bourgeois, LLP; Jasper Contractors, Inc.;January 2011 Around the Bar 17

Legal Reporting, LLC; Manda Fine Meats; MAPS, Inc.;Mockler Beverage Co.; Perry Dampf Dispute Solutions;Postlethwaite & Netterville; Quality Litigation Support,Inc.; Rathmann Keogh Chiropractic Clinics; RimkusConsulting Group; Strictly Legal, Inc.; Taylor, Porter,Brooks & Phillips, LLP; and Total Care Injury & PainCenters.PHOTO BY PAMELA LABBECocktails with the Court reception pays tribute tojudges, law clerks and young lawyersThe Young Lawyers Section of the BRBA heldCocktails with the Court Thursday, Nov. 18, 2010. Aformal introduction of all the judges and their law clerksto the BRBA Young Lawyers Section members took placeduring the reception. Catherine S. Giering, a junior partnerof Crawford Lewis, PLLC, and 2010 Young LawyersSection chair, welcomed all the reception attendees.Highland Porch provided the catering, while the JohnGray Jazz Trio entertained the crowd. Citizens Bank &Trust sponsored this event.YLS Council Member Scotty E. Chabert, a partner ofSaunders & Chabert, coordinated this event with help ofSusan Kelley, staff liaison to the YLS Council.Scotty E. Chabert (far left) organized this year’s Cocktails with the Courtreception, sponsored by Citizens Bank & Trust. Standing with Chabert, andrepresenting Citizens Bank, are Bill Blackwell, Brooks Lewis, Ed Middletonand Jim Perguson.PHOTO BY PAMELA LABBEJudge Jewel “Duke” Welch, Judge Toni Higginbotham and 2010 BRBAPresident-elect Preston J. Castille Jr. attended Cocktails with the Court.18 Around the BarJanuary 2011

PHOTO BY PAMELA LABBEPHOTO BY PAMELA LABBEJudge Brian A. Jackson, Fred T. Crifasi and Chief Judge Ralph Tyson attendedthe reception at the Louisiana Old State Capitol, which followed JudgeJackson’s Installation Ceremony Monday, Nov. 22, 2010.LSBA President Michael Patterson, Stephanie Murphy, Judge Jane Triche-Milazzo and 2010 BRBA President Fred T. Crifasi attended the Cocktails withthe Court reception Thursday, Nov. 18, 2010, at the Middleton Bar Center.PHOTO BY PAMELA LABBEFred T. Crifasi, Attorney General of the United States Eric H. Holder Jr., JudgeBrian A. Jackson, Preston J. Castille Jr. and Ann G. Scarle were photographedprior to Hon. Jackson’s Investiture Ceremony Monday, Nov. 22, 2010.Investiture of Hon. Brian A. Jackson as U.S. DistrictJudge for the MDLA was held in NovemberThe investiture of Hon. Brian A. Jackson as U.S.District Judge for the Middle District of Louisiana washeld Monday, Nov. 22, 2010, at the Manship Theatre atthe Shaw Center for the Arts. A reception at the Old StateCapitol followed.Chief Judge Ralph E. Tyson presided over this event.BRBA President Fred T. Crifasi served as the master ofceremonies. U.S. Attorney Donald J. Cazayoux presentedthe commission and Attorney General of the United StatesEric H. Holder Jr. was the keynote speaker.Southern University Law Center hoststhird annual moot court competitionSouthern University Law Center heldthe third annual SULC Marshall-BrennanHigh School Moot Court Competition Nov.12-13, 2010. This two-day competitionfeatured students from Scotlandville HighSchool, Glen Oaks High School, IstroumaHigh School and Belaire High School.Six local high school students won thecompetition.This event was coordinated by SULC,Curtis Soderberg, Louis A. Martinet LegalSociety, Louisiana Bar Foundation andJudge John M. Guidry.Hotel rooms for Bench Bar Conferenceare still availableGrand Hotel Marriott hotel roomsin Point Clear, Ala., are still available forBench Bar 2011 participants. Contact thehotel soon to book your room, then registerfor the conference online at: http://www.brba.org/forms/BBC2011.pdf.January 2011 Around the Bar 19

20 Around the BarJanuary 2011

BRBF invests in the future of our communityby establishing the Junior Partners Academy BY GAIL GROVERHow young can a junior partner be? Glad you asked!The answer is third grade. Grow them young andthey will be strong. Strong students, strongschool leaders, strong citizens and strongattorneys…one day. This is the hope andmission of the Junior Partners AcademySubcommittee (JPA) of the YouthEducation Committee.In January 2011, the newly formedpilot program will begin widening thepath of young people into the world oflaw and interaction with lawyers. Theprogram is designed to inspire, captureand promote the interest of kids in thearea of law. One day a month three classesof third graders will be turned over to a groupof volunteer lawyers who will engage the classes inplanned programming designed to pique the curiosity ofstudents.Dressed in their JPA vests, the third graders willventure into law firms, law schools and courtrooms. Intrue modeling of their senior partners, they will be taughtto display professionalism (“play nice”) and properethical behavior (“be good”).Any attorney who can play nice and begood is eligible to volunteer. Training willbe provided for volunteer attorneys.Anyone interested in the JuniorPartners Academy should contactDonna Buuck at 225-214-5556.Hurry, the headhunters are makingoffers earlier these days!Class attorney: meets with theclass on a monthly basis. May leadthe lesson or introduce the “visiting”attorney. Commitment is an hour or two,once a month for one school year. The classmeetings are held on Friday (exact dates to bescheduled).Visiting attorney: gives presentations to the students onan as-needed basis. Attorneys volunteer for presentationson different areas of the law. Lesson plans are available.Louisiana State UniversityParalegalStudiesProgramParalegal Program Approved bythe American Bar AssociationHelping lawyersfind paralegalsfor full-time,part-time, permanent,and short-termemployment.For more information aboutour placement services,call LSU Legal Studiesat 225/578-6760.www.outreach.lsu.eduJanuary 2011 Around the Bar 21

foundation footnotesPRO BONO PROJECT & TEEN COURT REPORTSPRO BONO PROJECT REPORT —We would like to extend a special thanks to allvolunteers who donated time to the Pro Bono Projectduring the month of October.Thirst for Justice volunteers wereL’Kenya Jackson, Zelma Frederick,Amanda Stout, Stewart Spielman,William Davis, Jon Ann Giblin andRichard Curry, McGlinchey Stafford,PLLC; Judge Melvin Shortess (Ret.),Byron Kantrow, Terry Bonnie, ChadDudley, Paul Wilkins and ChrisKeyser, Dudley DeBosier.TEEN COURT REPORT—During November, Weldon Hill, Crystal Losey, LindsayWatts and Tavares Walker served as jury monitors andjudges for the Teen Court hearings. The LSU CounselorEducation graduate students continued to provide groupsessions for the Teen Court defendants.Volunteers are needed to serve as judges for the TeenCourt hearings and to assist with training sessions. If youare interested in volunteering, please contact Donna Buuckat 225-214-5556 or donna@brba.org.Michael Piper and Connell Archey visited the lawstudies classes at Scotlandville Magnet High School inNovember. They spoke with the students about openingand closing statements and direct and cross examination.The law student intake volunteers were ClevelandPatterson, Sawyer Halbrook and Christopher White,Southern University Law Center; Jennifer Dietz, MandisaMoore, L.B. Graham and Hannon Laplace, LSU Paul M.Hebert Law Center.Baton Rouge Bar Foundation interns in October wereCleveland Patterson, Sawyer Halbrook, Trey Dominiqueand Christopher White, Southern University Law Center.The Ask-A-Lawyer volunteers were Alvin Washington,Southern University Law Center; Barbara Baier, EmilyZiober, Scott Gaspard; Todd Gaudin, Kuehne, Foote &Gaudin APLC; Ken Mayeaux, LSU Paul M. Hebert LawCenter; and Stephanie Legros, Dudley DeBosier.Attorneys who accepted cases in October were MelanieNewkome-Jones; Marcus Foote, Kuehne, Foote & GaudinAPLC; Etta Hearn, Durward Casteel, Casteel & Associates;Sherika Nelson, Tiffany Foxworth, Foxworth Law Firm;Karen Green, Christopher Washington, Washington LawFirm; Jason May, Sharon Williams, Barrister LitigationSupport Solutions, Inc.; Ronnie Berthelot, Shows, Cali,Berthelot & Walsh, LLP; Melanie Walters; SamanthaAckers; Gregory Bodin, Baker Donelson Bearman Caldwell& Berkowitz, PC; Kaleisha Nelson; Kina Kimble, Philson& Associates; Harry Daniels and Richard Brazan.Teen Court of Greater Baton Rouge is funded by a grant from theLouisiana Office of Juvenile Justice (formerly the Office of YouthDevelopment), a grant from the Louisiana Bar Foundation’s IOLTAprogram and from the Baton Rouge Bar Foundation. This project isalso supported in part by Grant No. 2009-JF-FX-0059 awarded by theOffice of Juvenile Justice and Delinquency Prevention, Office of JusticePrograms, U.S. Department of Justice. Points of view or opinions in thisdocument are those of the author and do not necessarily represent theofficial position or policies of the U.S. Department of Justice.GAIL’S GRAMMARShould every day be one word or two? Theanswer depends on whether you intend to describesomething or to explain how often or when somethinghappens.The compound word everyday is an adjectiveand is used to describe something. For example:“I wear my everyday shoes to the grocery store.”The phrase every day is an adverb that tells when.If you can substitute each for every or the name ofa weekday for day, you should use two words. Forexample: “I benefi t from my membership in theBaton Rouge Bar every day.” The sentence wouldstill make sense if you said you benefi tted “eachday” or “every Monday.” The fi rst sentence, however,wouldn’t make much sense if you said you wore your“eachday” shoes or your “everyMonday” shoes.The Pro Bono Project is financially assisted by the Interest on Lawyers’Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation;Capital Area Legal Services; Family, District and City Court Filing Feesand the Baton Rouge Bar Foundation.Thanks to Clarese Reed of Taylor, Porter, Brooks & Phillipsfor suggesting this topic. Send suggestions for future Gail’sGrammar columns to Gail Stephenson at GStephenson@sulc.edu, or call Gail at 225.771.4900 x 216.22 Around the BarJanuary 2011

2January 201111123456789101112131415Jan. 3-Jan. 14Jan. 17-Jan. 28Jan. 31-Feb. 11For classifi ed or display ad rates,contact Pamela at (225) 214-5560or e-mail: pamela@BRBA.orgDuty CourtSchedule19 TH JDC CIVIL COURTJudge MorvantJudge KelleyJudge Hernandez19 TH JDC CRIMINAL COURT***Dec. 31-Jan. 7Jan. 7-Jan. 14Jan. 14-Jan. 21Jan. 21-Jan. 28Jan. 28-Feb. 4Judge MooreJudge JohnsonJudge WhiteJudge MarabellaJudge AndersonBATON ROUGE CITY COURT*Dec. 27-Jan. 2Jan. 3-Jan. 9Jan. 10-Jan. 16Jan. 17-Jan. 23Jan. 24-Jan. 30Jan. 31-Feb. 6Dec. 27-Dec. 31Jan. 3 - Jan. 7Jan. 10-Jan. 14Jan. 17-Jan. 21Jan 24-Jan. 28Jan. 31- Feb. 4Jan. 1-Jan. 31FAMILY COURT**Judge WallJudge AlexanderJudge PonderJudge DavisJudge TempleJudge WallJudge Woodruff-WhiteJack Dampf, Judge Ad HocJudge LassalleJudge BakerJudge Woodruff-WhiteJack Dampf, Judge Ad HocJUVENILE COURTJudge Taylor-JohnsonNOTE: Duty Court changes at 5 p.m. each Friday unlessotherwise specifi ed.*City Court’s Duty Court schedule changes each Monday at8 a.m.**Family Court’s Duty Court schedule changes at 4 p.m. eachFriday***19th JDC Criminal Court changes each Friday at noonCOURT HOLIDAYS162330Friday, Dec. 31New Year’s EveMonday, Jan. 3, 2011 New Year’s DayMonday, Jan. 17 Martin Luther King DayGET PUBLISHED IN OUR NEXT ISSUE!Write an article for publication for Around theBar. E-mail it to: pamela@brba.org. Call formore details: 225-214-5560.172431182528192629Classifieds202730ATTORNEYS/JUDGES WHO BELIEVEthey have problems with alcohol and/ordrugs are welcome to attend meetings withother similarly situated attorneys/judgesheld on Tuesdays at The City Club, 355North Blvd. Contact number: 225-753-3407.Thursday meetings are at Bocage RacquetClub, 7600 Jefferson Hwy. Contact number:225-928-5053. Both meetings are dutch treatand are from noon to 1 p.m. Strict anonymity isobserved outside these 12-Step Meetings.— SAVE THE DATE —Baton Rouge Bar AssociationJanuary Bar Luncheon,Thursday, Jan. 13, 2011,De La Ronde Hall.BENCH BAR CONFERENCE 2011Be sure to make your hotel room reservationsearly at the Marriott Grand Hotel in PointClear, Ala., for the 2011 BRBA Bench BarConference. The Benjy Davis Project will beperforming. Be sure to see the Bench BarBoogie Band’s Final Conference Performance!Registration forms are online atwww.brba.org/forms/BBC2011.pdf.For more information, contactAnn G. Scarle at 225-214-5563.— SAVE THE DATE —Opening of Court, Memorial& New Member CeremonyWednesday, Jan. 19, 2011, 8:30 a.m.New 19th Judicial District CourtBuilding, 11th FloorFor more information, contactAnn G. Scarle at 225-214-5563.212831MOCK TRIAL COMPETITIONneeds judge and timekeeper volunteers forthe 2011 Region III High School Mock TrialCompetition. To volunteer, contact LynnHaynes at 225-214-5564.LAW DAY NEEDS VOLUNTEERSLaw Day is early this year: Friday, March 25,2011. To volunteer, contact Donna Buuck at225-214-5556.2229*Unless otherwise noted, all meetings willbe held at the Baton Rouge Bar offi ce.Calendar of Events3 Offi ce Closed — in recognition ofNew Years Day4 YLS Council meeting, 12 p.m.5 Luncheon & Symposium CommitteeMeeting, 8:15 a.m.;Thirst for Justice, St. Vincent de Paul,3-5 p.m.6 Volunteer Committee meeting, 12 p.m.;Thirst for Justice, St. Vincent de Paul,3-5 p.m.10 Publications Committee meeting,12 p.m.;Teen Court hearing, EBR JuvenileCourt, 5:45 p.m.12 Law Day Committee meeting, 12 p.m.;Pro Bono Committee meeting, 12 p.m.;Thirst for Justice, St. Vincent de Paul,3-5 p.m.;Finance Committee meeting, 3:30 p.m.;Executive Committee meeting, 4 p.m.13 January Bar Luncheon,11:45 a.m., De La Ronde Hall,swearing in ceremony;Thirst for Justice, St. Vincent de Paul,3-5 p.m.17 Offi ce Closed — in recognition ofMartin Luther King Holiday19 Opening of Court, Memorial & NewMember Ceremony, 8:30 a.m.,19th Judicial District Court building;Thirst for Justice, St. Vincent de Paul,3-5 p.m.;Board of Directors meeting, 5 p.m.20 Construction Law Section meeting,12 p.m.;Family Law Section meeting, 12 p.m.;Thirst for Justice, St. Vincent de Paul,3-5 p.m.24 LSBA Mid-Year Meeting in N.O.;Teen Court hearing, EBR JuvenileCourt, 5:45 p.m.25 LSBA Mid-Year Meeting in N.O.;Youth Education Committee meeting,12 p.m.26 Teen Court Committee meeting,12 p.m.;Joint BRBA/LSBA Mini DiversityConclave, 1-4:30 p.m., location: TBA;Networking reception to follow,4:30-6 p.m.;Thirst for Justice, St. Vincent de Paul,3-5 p.m.27 LRIS Committee meeting, 12 p.m.;Thirst for Justice, St. Vincent de Paul,3-5 p.m.January 2011 Around the Bar 23

Baton Rouge Bar AssociationP.O. Box 2241Baton Rouge, LA 70821Return Service RequestedPRSRT STDU.S. POSTAGE PAIDBATON ROUGE, LAPERMIT NO. 746A COMPANY WHERE QUALITY COMES FIRST...EVEN IN OUR NAME.QUALITY LITIGATIONSUPPORT INC.214 THIRD STREET, STE. 1A • BATON ROUGE, LA 70801 • 225-334-9327 PHONE • 225-336-4843 FAX inData TrialDirector ® 6 Certified Trainer E-Discovery Document Scanning & Coding Electronic Endorsing of Bates Labels Searchable PDFs Load fi les for Summation, TrialDirector, Concordance,Sanction, IPRO, as well as Other Export Formats OCR for Database Load Files and Searchable PDF Files Electronic Data Discovery (EDD) Conversion of E-Mail Stores to TIFF, PDF, Summation LoadFile, etc. and Extraction of Metadata CD & DVD Duplication Transcript to Video Deposition Synchronization Blow-back Printing of Imaged Documents on CD & DVD Demonstrative Evidence Color Photo-Quality Exhibit Enlargement Color Printing & Copying of Regular& Oversized Documents Computer Graphics Litigation Copying Oversized & High Speed Copying Legal Exhibits Briefs, Bench Books Binding, Tabbing Bates Labeling by Hand Facilities Management Free Pickup and Delivery