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P R E S I D E N T ’ SM E S S A G E“Try It. You’ll Like It!”few years ago, my wife,daughter and I went to a seafood restaurant for dinner. Mydaughter, Caroline, had neverseen, much less eaten, a raw oyster andwas fascinated when a dozen of themwere delivered to me. As she kept staring,I asked if she wanted to try one. “Nope.”I asked again, same response. Finally, Iasked, “Why not?” She said, “Because Idon’t like them.” I replied, “How do youknow? You’ve never had one.” I gave a lotof reasons why she should try an oysterand, reluctantly, Caroline finally ate onewith a bit of cocktail sauce. Two bites,then she spit it out. “That’s fine,” I said,“at least you tried one.”A few minutes later, she asked if shecould try another one. This time the resultwas different. She liked it. She proceededto eat the last six I had on my plate.That dinner came to mind when I bumpedinto a well-known New Orleans attorneysome time ago. He had been disillusioned bya prior experience with the Bar. I asked himto become a mentor in the Transition IntoPractice Program. He said no. I asked whynot. He said he would not like it. We wentback and forth and then he said, “You’ve gotfive minutes to convince me.” Five minuteslater, he decided to become a mentor. Hewent through the mentor training, completedthe mentor program and went to the mentorreception. He admitted that, once he wasconvinced to try it, he liked it. Amazing!As long as I have been in Bar leadership, I have preached this — try something,anything, for the Bar. You will be amazed.Perhaps I am the Bar’s biggest cheerleader.That’s fine. But I wouldn’t do this if I didnot believe in our Bar. I am convinced nowmore than ever that many lawyers simplydon’t know just how terrific our Bar is andwhat it has to offer.AAt a recent meeting of the NationalConference of Bar Presidents, an affiliate of the American Bar Association, themoderator asked the group — more than100 people were in attendance — if anyonewas satisfied with his/her Bar. I lookedaround and no one had raised a hand. Iwhispered to Loretta Larsen, our ExecutiveDirector, that I was really happy. She said,“Raise your hand!” I did. Only one otherBar president did the same.I see significant problems in other states— unfriendly Legislatures controlling theBars, poor relationships between the Barsand the state courts, Bars being sued, theinability to get volunteers, turmoil in certaincourts. We have none of these problems.What we have is an energetic Bar withcountless volunteers and Loretta and ourfriends at the Bar who do an unbelievablejob. But there are far too many among ourapproximately 23,000 members — judgesand lawyers alike — who are simply afraidof sticking their toes in the water. Perhapsfear of the unknown — like eating an oysterfor the first time — is preventing too manyof our members from joining in.I understand. We’re all busy with jobsand families. Other interests take our time.There are only so many hours in a day.But, believe me, you’re missing out. Justlike my daughter, try one. Join a committeeor a section. Don’t just attend a CLE, butgive one. Become a mentor. Run for a seatin the House of Delegates. Volunteer for alaw school orientation program. Submit anarticle for the Louisiana Bar Journal.Attendthe LSBA’s Midyear Meeting or AnnualMeeting. Do one thing. That’s all I ask.Becoming engaged in Bar activities canbe outside the law, too. Let’s talk about yournon-legal interests. The Journal has featuredarticles on Anthony M. (Tony) DiLeo’spaintings and Judge Michael A. Pitman’sBy Barry H. Grodskyand Randy P. Roussel’s photography. Whatinterests do you have outside the practice?Let’s publish it.It’s so easy to get involved. Check outthe LSBA’s website and find something,anything, which interests you and just do it.For our young lawyers, the Young LawyersDivision has great programs, many focusedon access to justice. For more seasonedlawyers, get active in the Senior LawyersDivision. Each Division has much to offer,including a joint lunch and CLE programin Baton Rouge in February.Those who get involved see the meritsand gain from it. Often, once you are in,participation expands. But, almost withoutexception, those who complain the mostabout the Bar do the least for it. If you giveto the Bar, the Bar will give back to youmany times over.I have spoken personally to many lawyers who have become active; some havebecome very involved and others havedone one thing. But, frankly, that’s all I’masking. Do one thing — anything — forthe Bar. What’s stopping you? The simpleanswer is “you.” If I can convince just onemember to perform one Bar function, thenI’ve succeeded. But with my faith in the Bar,participating in its programs and activities,having witnessed the true camaraderie of ourmembers at Bar functions and seeing howmuch you get back just by giving a little, Iknow that if you try it, you really will like it.I also know that, as you give to the Bar,both the Bar and you will benefit. I can assure you of that. Give it a try and see whatthe Bar can offer. There’s no doubt that,when you bite into this oyster, you willfind your pearl.Louisiana Bar Journal Vol. 66, No. 3175

The legal profession is a learned calling. As such, lawyers shouldact with honesty and integrity and be mindful of our responsibility to the judicialsystem, the public, our colleagues, and the rule of law. We, as lawyers, should alwaysaspire to the highest ideals of our profession. My word is my bond. I willconduct myself with honesty, dignity, civility, courtesy and fairness and will not engage in anydemeaning or derogatory actions or commentary toward others. I will not knowingly make statements of fact or law that are untrue or misleading and I will clearlyidentify for other counsel changes I have made in documents submitted to me. I willbe punctual in my communication with clients, other counsel and the court. I will honor scheduledappearances and will cooperate with other counsel in all respects. I will allow counsel fair opportunity to respond and will grant reasonable requests for extensions of time. I will notabuse or misuse the law, its procedures or the participants in the judicial process. I will cooperate with counsel and the court to reduce the cost of litigation and will not file or oppose pleadings,conduct discovery or utilize any course of conduct for the purpose of undue delay or harassment of any othercounsel or party. I will not engage in personal attacks on other counsel or the court or use the threat of sanctions as alitigation tactic. I will support my profession’s efforts to enforce its disciplinary rules and will not make unfounded allegationsof unethical conduct about other counsel. I will work to protect and improve the image of the legal profession in the eyes of the public. I will endeavor to improve our system of justice. I will use technology, including social media, responsibly.should reflect the professionalism expected of me as a lawyer.My words and actions, no matter how conveyed, I will seek opportunities to be of service to the bench and bar and assist those who cannot afford legal help. I willbe supportive of new members in the profession. I will stay informed about changes in the law, communication, and technology which affect the practice of law.Following approval by the Louisiana State Bar Association House of Delegates and the Board of Governors atthe Midyear Meeting, and approval by the Supreme Court of Louisiana on Jan. 10, 1992, the Code of Professionalismwas adopted for the membership. This revised Code, a product of the LSBA Committee on the Profession, wasapproved by the LSBA HOD in January 2018 and approved by the LA Supreme Court in March 2018.176October / November 2018

LSBA and Louisiana SupremeCourt Update Attorney Codeof ProfessionalismBy Alicia M. BendanaThe Louisiana State Bar Association’s (LSBA) Professionalismand Quality of Life Committeebegan drafting Louisiana’s firstattorney Code of Professionalism1 in 1991.The LSBA’s House of Delegates and Boardof Governors approved the first Code at itsMidyear Meeting the following year, and,on Jan. 20, 1992, the Louisiana SupremeCourt adopted it.In 2017, the LSBA’s Committee on theProfession, under the leadership of current LSBA President Barry H. Grodsky,formed a subcommittee to revisit, updateand modernize the 26-year-old Code ofProfessionalism. At the outset, the subcommittee agreed it would not rewritethe Code and would style any additionsor changes to conform with the existinglanguage in the Code. The subcommittee conducted numerous meetings todiscuss current challenges to attorneys,the judicial system and the image of thelegal profession. After numerous drafts,the subcommittee agreed on a final draftof an amended Code. The LSBA’s Houseof Delegates and Board of Governors approved the proposed amended Code at theLSBA’s Midyear Meeting in January 2018and the Louisiana Supreme Court adoptedthe amended Code of Professionalism, aswritten, on April 11, 2018.The Code now, as before, representsaspirational goals for Louisiana attorneyswho seek to implement and maintainstandards of civility and professionalismthat exceed the minimum mandated by theLouisiana Rules of Professional Conduct.A “redline” of the LSBA’s new amendedCode of Professionalism is below. All newlanguage is underlined and any revised orupdated pledges are in italics.Code of ProfessionalismThe legal profession is a learned calling. As such, lawyers should act withhonesty and integrity and be mindful ofour responsibility to the judicial system,the public, our colleagues, and the rule oflaw. We, as lawyers, should always aspireto the highest ideals of our profession. My word is my bond. I will conduct myself with honesty,dignity, civility, courtesy and fairnessand will not engage in any demeaning orderogatory actions or commentary towardothers. I will not knowingly make statementsof fact or law that are untrue or misleading and I will clearly identify for othercounsel changes I have made in documentssubmitted to me. I will be punctual in my communication with clients, other counsel and thecourt. I will honor scheduled appearancesand will cooperate with other counsel inall respects. I will allow counsel fair opportunity to respond and will grant reasonablerequests for extensions of time. I will not abuse or misuse the law,its procedures or the participants in thejudicial process. I will cooperate with counsel and thecourt to reduce the cost of litigation andwill not file or oppose pleadings, conductdiscovery or utilize any course of conductfor the purpose of undue delay or harass-ment of any other counsel or party. I will not engage in personal attackson other counsel or the court or use thethreat of sanctions as a litigation tactic. I will support my profession’s effortsto enforce its disciplinary rules and will notmake unfounded allegations of unethicalconduct about other counsel. I will work to protect and improvethe image of the legal profession in theeyes of the public. I will endeavor to improve oursystem of justice. I will use technology, includingsocial media, responsibly. My words andactions, no matter how conveyed, shouldreflect the professionalism expected ofme as a lawyer. I will seek opportunities to be ofservice to the bench and bar and assistthose who cannot afford legal help. I will be supportive of new membersin the profession. I will stay informed about changesin the law, communication, and technologywhich affect the practice of law.In 1997, the Louisiana Supreme Courtamended its Rules for Continuing LegalEducation to require that every Louisianalawyer attend at least one hour of professionalism CLE each year. Attorneys havebeen taking professionalism courses onessentially the same professionalism topicsfor the past 20 years. The new amendedCode opens up a number of additionaltopics related to attorney professionalismwhich the Committee on the Professionhopes will inspire education, discussionand action. Some of the new changes tothe Code include the following.Louisiana Bar Journal Vol. 66, No. 3177

Preamble: The Lawis a ProfessionThe new preamble to the Code stressesthat the law is a profession and that “we,as lawyers, should always aspire to thehighest ideals of our profession.” Thepreamble identifies the core characteristicsof the professional attorney as honestyand integrity and stresses the professionalattorney’s responsibility to the judicialsystem, the public, colleagues and the ruleof law. The new Code encourages attorneysto promote and commit to civility in theirprofessional lives and to work to restoregreater civility to the profession.2Inclusive ThinkingThe new Code establishes an aspirational goal for lawyers to be mindful ofrefraining from actions or commentarythat would be considered demeaning orderogatory toward others. This conceptof inclusive thinking goes beyond theboundaries of anti-discrimination andhopes to inspire attorneys to consider andincorporate alternative perspectives, experiences, values, expectations and modes ofthought before speaking and taking action.CooperationThe Bar understands that attorneys mustbe zealous advocates for their clients, and,especially in high-stakes litigation, opportunities for cooperation do not alwayspresent themselves. Attorneys in adversarial situations should, however, challengethemselves to look for opportunities forcooperation, communication, compromise and search for creative solutions. A“scorched earth” approach in litigation andnegotiation can be counter-productive assuch an approach costs clients money andfrequently diverts attorneys’ time, energyand focus away from what, oftentimes,amounts to a smaller number of genuineand relevant disputed facts or issues. Likewise in transactional matters, adversarieswho are pushed too hard may refuse toagree to deal points “on principle” despitethe fact that such concessions may cost theparty nothing and create goodwill whichwill facilitate deal closing.3178October / November 2018Public Image of the LegalProfessionThe public’s perception of, and faithin, the legal profession is waning. There isa need to preserve the image of the legalprofession in the eyes of the public andto support programs and activities thateducate the public about the law and thelegal system. Attorneys should aspire toconduct themselves in a manner that willencourage trust of the legal profession bymembers of the public. Attorneys shouldalso be mindful of their obligation toenhance the image of the legal profession in all of their professional activitiesand be so guided in comments about thejudiciary, opposing counsel or the members of any other profession, and in themethods and contents of advertising andpublic communications.Improve System of JusticeAs a self-governing legal community,attorneys should always seek to improvethe law and to improve access to, and theadministration of, justice. The hope isthat the new Code will inspire Louisianaattorneys to work with judges and othermembers of the bar to strive to make thelegal system more accessible, affordableand responsive to all.Social MediaThe American Bar Association’s LegalTechnology Resource Center surveys individual attorneys’ and law firms’ use ofblogging and social media. The followingstatistics from the Center’s 2016 LegalTechnology Survey Report reveal a majority of attorneys and law firms now usesocial media for professional purposes:4 74 percent reported that their firmshave a presence on social media (only 26percent do not). 76 percent reported individually using social media for professional purposes(only 24 percent do not). 78 percent report that their firmsmaintain a presence on LinkedIn (only22 percent do not). More than 85 percent report thatthey individually maintain a presence onLinkedIn for professional use (less than15 percent do not).This was not the case 20 years ago. Thenew Code introduces the concept of eProfessionalism, defined as the application ofprofessionalism to an attorney’s Internetactivities. Beyond the firm website and useof LinkedIn (a professional networkingsocial media platform), attorneys are nowcommunicating for professional purposesthrough blogging, Facebook and Twitter. Because some of these social mediaplatforms were originally developed andused for personal communications, attorneys focused on professionalism shouldbe mindful about drawing a distinctionbetween private and public communications on such platforms as those lines arenot always clear.5Pro Bono and PublicServiceThe new Code recommends that attorneys seeking to deepen their commitmentto professionalism look for opportunitiesto provide pro bono services to those inneed. While there are many ways thatprivate citizens, including attorneys, canserve the public interest, only attorneyscan provide legal representation to theindigent. Notwithstanding the primarybenefits of assisting the poor and improving the system of justice, attorneys whodo pro bono work often report a numberof professional and personal benefitsincluding gaining additional experience, education, increased recognitionand personal satisfaction.6 Moreover,additional incentive exists for pro bonoservice in Louisiana. Currently, Louisianaattorneys must earn 12.5 hours of CLEcredit each year to maintain their lawlicenses. In March 2015, the LouisianaSupreme Court announced Rule XXX,Rule 3, Regulation 3.21 which went intoeffect May 1, 2015. The Rule states thatattorneys who provide pro bono legalrepresentation “shall receive one (

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