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president’s awardsSix individuals, one law firmto be honored in JanuaryBY JEANNE C. COMEAUXHOLDENJACKSONFENNERCLARKAs outgoing president, it is important to recognizethose individuals whose efforts in 2016 significantlyfurthered the goals and mission of our Bar Association.This list does not include all of the acts of support,selflessness and contribution, so I apologize in advanceby failing to highlight some of our special members,including all of our attorneys who take on countless probono cases.The following are the recipients of the 2016President’s Award: MAYOR KIP HOLDEN — Mayor-President Holdenrarely tells the Baton Rouge Bar Association “no” whenwe ask for a favor or his support, or request access toCity Parish facilities for various events and programs. Hehas repeatedly offered the River Center Theatre for thePerforming Arts to us free of charge so that we can holdLaw Day and naturalization ceremonies there. CHIEF JUDGE BRIAN A. JACKSON — JudgeJackson and the entire Middle District judiciary andstaff are tremendous supporters of the Baton RougeBar Association and its members. He offers the MiddleDistrict courthouse for the Bar Association’s annualswearing in ceremony, as well as countless other eventssuch as naturalization ceremonies. The Middle Districtactively participates in our events, and Middle Districtfunds help to underwrite the Bench Bar Conference.Judge Jackson also graciously invites the president of theBar Association to attend the prestigious Fifth CircuitJudicial Conference every year. JOHN FENNER — Not only is John an active memberand frequent speaker at various CLE events, he has nowtaken on the task of chairing the fi rst-ever “In-HouseCounsel Section” of our Bar. Within days of takingon this post, John recruited over 35 members and heldan initial organizational meeting, where officers wereselected and the 2017 meeting schedule was set. “Whenyou want something done well, ask a busy person .”This section is off to a great start.6Around the BarDEVILLIERHOLDRIDGEDeBOSIERDUDLEY LINDA LAW CLARK — It is unusual to give an award toa sitting member of the Board and Executive Committee,because after all, should not that person contribute morethan the average member anyway? But what Linda did asthe 2016 treasurer was above and beyond the obligationsof that post. Each month, she analyzed, questioned,clarified and explained the financials for both the BarAssociation and the Bar Foundation in written and oralreports. She never downplayed the negative or puffedthe positive, and instead, made sure that what she wasreporting to the Board was accurate. I believe I speak forthe entire Board of Directors in thanking her for beingsuch a diligent steward of our fi nances. CARROLL DEVILLIER and JUDGE GUYHOLDRIDGE — 2016 Bench Bar Conference Co-Chairs.For those of you who have ever chaired the Bench BarConference, you know that putting together a conferenceof this size and reputation for success is no easy task.Judge Holdridge and Carroll put together a wonderfulcommittee, who in turn put together a fabulous CLElineup and hosted memorable social events. The 2016Bench Bar Conference was a fi nancial success, and aspecial gathering where colleagues and judges could getto know one another outside of the courtroom. Thankyou, Carroll and Judge Holdridge, for making the 2016Bench Bar Conference one to remember. DUDLEY DEBOSIER LAW FIRM — Special thanksmust be given to the Dudley DeBosier Law Firm. SteveDeBosier and Chad Dudley graciously agreed to havetheir fi rm underwrite the LSU - Wisconsin Game travelpackage that was raffled off at the Bench Bar Conference.(And, yes, won by one of the chairs, Carroll Devillier!)Dudley DeBosier’s contribution allowed the Baton RougeBar Foundation to net over 9,850, much needed funds tosupport our youth education programs.I want to personally thank all of the President’s Awardrecipients for the special role each played in my year aspresident of this Association and Foundation. It is peoplelike you who make the job both doable and enjoyable.January 2017

letter fromthe presidentBY KARLI GLASCOCK JOHNSONA great year aheadBaton Rouge will certainly remember 2016 for its many painfulchallenges — violent deaths, protests, flooding and difficult conversationsabout the need for change in a still-segregated city. Through all of this,the Baton Rouge Bar Association and its members answered the call toserve. In response to the strained relationship between Baton Rouge’sblack community and the law enforcement agencies, the BRBA isworking to foster constructive change in our legal system to ensure thatall citizens can have confidence that justice is available for all, regardlessof race or economic status.After the August flood, the BRBA collected and distributed thousandsof dollars to assist flood victims. The bar also facilitated the deliveryof free legal services to assist people in their recovery efforts. Recoveryefforts will take time, and the BRBA will continue to provide significantaid to the community as thousands rebuild their homes and their lives.There is no telling what challenges — and opportunities — 2017 willKarli Glascock Johnsonbring. Whatever comes, the BRBA stands ready to help its members andthe community it serves. But our success in meeting the challenges of thefuture depends on you, the members. The BRBA is only as strong as its active membership. So joinme as we embark upon another exciting year. Here’s some of what you can do:Serve the communityThe Pro Bono Project, Thirst for Justice, Wills for Heroes, Teen Court, Mock Trial and theVolunteer Committee all provide great opportunities to serve our community. Commit to givingjust a little of your valuable time to help — it will be rewarding and probably fun too!Elevate the professionAttend — or even teach — one of our many CLE opportunities. There are CLE seminarsscheduled throughout the year, including CLE by the Hour in December. And, of course, we haveour annual Bench Bar Conference lined up this year in San Destin, Florida at the San Destin HiltonJuly 27-29. You can visit with judges (no robes or ties!), get all of your CLE hours and treat thefamily to a great beach (and mostly tax-deductible) vacation. I’ll even sing you a song!Connect with your peersMeet new people. See old friends. Network! All work and no play makes for a dull practice.We kick off the year with Chief U.S. District Judge Brian A. Jackson, U.S. District Judge Shelly D.Dick, U.S. District Judge John W. deGravelles and Senior U.S. District Judge James J. Brady forthe Middle District of Louisiana hosting the Investiture for the new BRBA officers at 3 p.m. onWednesday, Jan. 11, with a wine and cheese reception following.Also join us at our monthly luncheons, Belly up with the Bar and our other fun social activitiesfor members of the bar. We are excited about our fi rst Arts Judicata event scheduled for March30. This will be a great way for local lawyers to showcase their many artistic talents, while raisingmuch-needed funds for the Baton Rouge Bar Foundation.As you can see, the BRBA has many opportunities for you to serve, grow and connect. It isgoing to be a great year!January 2017Around the Bar7

attorneyspotlightInterview withJamie FlowersBY JOSEPH CEFALU IIIATB: Where and what type of law do youpractice?JF: I am a criminal Assistant United StatesAttorney in the U.S. Attorney’s Office forthe Middle District of Louisiana. In thisrole, I prosecute a variety of complex androutine federal criminal cases with anemphasis on violent and organized crime,drug trafficking, human trafficking andchild exploitation. Prior to joining the U.S.Attorney’s Office, I served in the ArmyJudge Advocate General’s Corps (JAG) fornine years where I represented both soldiersand the government, and I also triedcriminal cases by Military Courts-martial.I majored in history. From there, I returnedto Georgia and attended Mercer UniversitySchool of Law. I am from Atlanta.ATB: Why did you want to become anattorney?JF: Becoming an attorney provided me withthe unique opportunity to do something Iloved and something I was good at whilealso earning a living. At the same time, asan attorney and prosecutor, in particular,I would be able to use my skills, gifts andtalents to make the world a safer place.Jamie FlowersATB: If you were not practicing law, whatwould be your alternate profession?ATB: Tell us about your education.JF: I received a four-year Army ROTC scholarship toattend Hampton University in Hampton, Virginia, where8Around the BarJF: When I was younger and trying to decide what Iwanted to do with the rest of my life, I narrowed my pathto two directions: practicing law or practicing medicine.January 2017

Specifically, I decided I was going to either be a lawyer oran anesthesiologist. In hindsight, I’m glad I chose the lawbecause I am not very good at math.ATB: What is one thing you wish you would have knownbefore you went to law school?JF: I wish I knew how to properly study for law schoolexams prior to going to law school. Thinking back, I spenta lot of wasted time in the library studying and spinningmy wheels on things that really did not benefit me allthat much on the actual exams, particularly in my firstsemester.ATB: How are you involved with the BRBA?JF: I am involved with Teen Court and Mock Trial.ATB: What motivated you to become involved with theBRBA, and, in particular, Mock Trial?JF: I think it is important for lawyers to get involved withsomething that interests them in the community outsideof their office. I have always been passionate about thebetterment of our youth. The youth are the future of ourcommunity, so if we want a healthy future, we have to takecare of them. When I found out about the many differentYouth Education and Juvenile Justice programs that theBRBA has to offer, I knew I had to lend a hand. I wasespecially drawn toward Mock Trial because it focuses onteaching our youth the art and science of oral advocacy.Whether these young men and women goon to become lawyers or not, the skills thatthey gain from getting on their feet andadvocating a position are invaluable andwill benefit them no matter what careerthey decide to pursue.ATB: Tell us a little about the Mock Trialprogram?JF: The Mock Trial Program hosts anannual mock trial competition wherestudents from high schools aroundAscension, Assumption, East Baton Rouge,East Feliciana, Iberville, Livingston, PointeCoupee, St. Helena, West Baton Rougeand West Feliciana parishes are given ahypothetical case and tasked with preparingcase presentations for both the plaintiff anddefense, and then presenting their casesbefore a judge and mock jury. Throughthis hands-on experience, students have theopportunity to learn about the law, legalsystem and oral advocacy.ATB: What advice would you give to newattorneys?JF: First, make sure you find a goodwork-life balance. This is something thatI still struggle with daily, but I find thateverything runs a lot more smoothly whenI get this right. Second, find a good mentor.Don’t always just rely on your peers to giveyou advice. They don’t know any morethan you do. Lastly, get involved. There area lot of things going on in the communitythat could benefit from your skills, talentsand gifts.ATB: Are you involved with any otherJanuary 2017Around the Bar9

organizations or causes?JF: “Double Down: Game Change 2012” by MarkHalperin.JF: I am very active in the music ministry at my church,Rose Hill Church of Baton Rouge. I am also an activemember of the Federal Bar Association.ATB: What is your favorite BRBA activity or event?JF: Mock Trial is definitely my favorite with Teen Court asa close second. Those teen advocates are the future of ourprofessions, and seeing them in actionis inspiring and energizing to me.ATB: What are your leisure activities?JF: I have three young daughters, ages6, 3 and 7 months, so I do not get muchleisure time. My favorite thing to dowhen I get a few minutes to myself isto try to catch something on televisionthat does not involve Disney Jr. or NickJr.ATB: What is the last book that youread?10Around the BarATB: Tell us something interesting about yourself.JF: For many years, I was a musician. I played the tenorand alto saxophones and the baritone horn. In 2000, I wasa member of the Olympic Opening Ceremonies marchingband in Sydney, Australia.GAIL’S GRAMMARWhen both items in a pair of hyphenated phrases have a common element,you can often omit the element the first time if you use suspensive hyphens.For example, “word” is implied after “1,200” in this sentence: Around the Baris looking for 1,200- to 1,800-word articles. To show the omission, the firsthyphen is suspended or left hanging.EXAMPLES:The scholarship is available to second- and third-year law students.Rates are up on both 15- and 30-year mortgages.Thanks to Professor Maurice Franks for suggesting this topic.Send suggestions for future Gail’s Grammar columns to Gail Stephenson atGStephenson@sulc.edu, or call Gail at 225.771-4900 x 216.January 2017

January 2017Around the Bar11

Medical malpractice— Is a new era dawning?Prior to 1975, malpractice cases against all physicians,dentists, hospitals, nursing homes and most other healthcare providers started like any other personal injury claim— with a lawsuit in a court of competent jurisdiction —and liability against them was unlimited. That all changedin 1975 with the enactment of the Louisiana MedicalMalpractice Act (LMMA).1 The LMMA created medicalreview panels, the Patient’s Compensation Fund (PCF),individual and total caps on damages, and many otherprocedural and substantive changes to Louisiana law.Beginning Jan. 1, 1976, a health-care provider couldbuy professional liability insurance or self-insure for thefi rst 100,000 of its potential liability and also pay asurcharge to the PCF for additional liability coverage upto the total cap of 500,000. If the health-care providerparticipated in this new system, all malpractice claimsagainst that health-care provider would be reviewed bya medical-review panel, which would meet to review theevidence submitted by all parties and issue an opinionwith written reasons. This was an informal administrativescreening procedure that was required before a lawsuitcould be filed. It was also voluntary, but the vast majorityof health-care providers participated in this new systemthat offered many benefits to health-care providers andtheir employers. Any medical malpractice lawsuit filedagainst a health-care provider who was enrolled with thePCF would be deemed premature.State health-care providers were given the samebenefits in 1976 with the enactment of the MedicalLiability for State Services Act (MLSSA). 2Over the years, many changes have been made to theLMMA and MLSSA, including, in 1984, the exclusion ofincident-related medical expenses (past and future) fromthe total cap of 500,000; the addition of more categoriesof health-care providers who could benefit from theLMMA; the ability to conduct discovery to obtainevidence; the requirementof filing fees ( 100 pernamed defendant); andthe requirement of a bondto secure the re-paymentof medical-review panelcostsundercertaincircumstances when alawsuit is filed.Historically, a veryhigh number of private12Around the BarBY BENJAMIN P. MOUTONhealth-care providers and all state health-care providersparticipated in the new scheme with liability caps andpre-lawsuit medical-review panels. In 2000, there were13,775 private health-care providers enrolled with thePCF. The number of enrolled health-care providers withthe PCF increased to 21,206 in 2016. The largest groupof enrolled health-care providers in 2016 was physicians,with 51.32 percent of the total enrollment. Conversely,hospitals that include all of their non-physician employeesare the smallest group of enrollees — 232 in 2016.3All of the enrolled health-care providers pay asurcharge to the PCF for excess liability coverage, whichincludes up to 400,000 in general damages and nonmedical special damages plus unlimited, incident-relatedfuture medical expenses. According to the PCF, hospitalspay 2,990 per occupied bed (annual average) per year.If a 500-bed hospital has an average daily census of 247,the annual surcharge to be paid for that hospital wouldbe 738,530.However, beginning in 2016, at least one localhospital system with two medical centers, a pharmacyand a physician group left the PCF system in favor ofbeing self-insured for all medical malpractice claims. Theimplications of this are significant for injured patients,their families and their attorney if a medical malpracticeclaim is filed. One implication is that the PCF will collectless in surcharges, a trend that the self-funded systemcannot tolerate over the long term.Let’s review how things will change for claims againsthealth-care providers who are not enrolled with the PCF:1) Once the PCF advises the claimant that the hospitalis not enrolled and not entitled to have the medical carereviewed by a medical-review panel, the claimant will have90 days to file suit in a court of competent jurisdiction;2) The claims for damages will not be capped;3) There will be nomedical-review panel andno medical-review panelmembers to testify attrial;4) There will be noopinion with writtenreasonsissuedandthere will be no opinionadmitted into evidence attrial; andJanuary 2017

5) There will be no excess liability for the PCF.Having an unenrolled health-care provider as adefendant will inevitably create important proceduralissues after the lawsuit is fi led. Practitioners need tobe aware of these potential pitfalls.Prior to the lawsuit being filed, the plaintiff andhis attorney have no ability to conduct any discovery,which is available to the parties while the case ispending before the medical-review panel. After thelawsuit is filed, the defendant hospital will fi le ananswer and will likely send written discovery to theplaintiff asking whether an expert has been retainedto address liability and/or causation issues. If theanswers to those questions are “no,” the hospitalwill consider fi ling a motion for summary judgmentseeking to have the lawsuit dismissed with pr

Published by the Baton Rouge Bar Association P. O. Box 2241, Baton Rouge, LA 70821 Phone (225) 344-4803 Fax (225) 344-4805 www.brba.org The Baton Rouge Bar Association will be the beacon for the full spectrum of the legal profession by fostering professional courtesy; increasing the diversity of the bar and the participation of under-