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Message
Louisiana attorney question
Posted on 7/17/20 at 6:57 am
Posted on 7/17/20 at 6:57 am
Is it unethical or illegal for a Louisiana attorney to borrow money from his client? It is in some states.
5
Posted on 7/17/20 at 7:39 am to CharleyLake
I do not think there is a specific rule in LA prohibiting this but IMO, it would be unwise to do so.
Posted on 7/17/20 at 7:57 am to CharleyLake
Lawyers borrow money from their bank clients all the time. One of the rules of professional conduct specifically addresses business transactions with clients and the steps that have to be taken.
Posted on 7/17/20 at 8:41 am to SloaneRanger
My daughter's lawyer asked for a "bridge loan" seemingly to help with moving expenses. There was no written consent as mentioned in 1.8 (a) and it was interest free.
My daughter thinks that he repayment is overdue but wants to be fair. Ideas?
My daughter thinks that he repayment is overdue but wants to be fair. Ideas?
Posted on 7/17/20 at 9:59 am to CharleyLake
I'm not following. Your daughter's lawyer needed a loan from her for him to move? Or did you daughter ask for an advance on her case for her moving expenses and the lawyer took out a line of credit to facilitate?
She may have consented under 1.8. I'd look at the contingency contract. As with anything, instead of going to a message board, why not ask the lawyer directly?
She may have consented under 1.8. I'd look at the contingency contract. As with anything, instead of going to a message board, why not ask the lawyer directly?
Posted on 7/17/20 at 10:00 am to CharleyLake
Without knowing more, sounds highly improper. Don't know how much money is involved, but she may want to seek reputable legal counsel. The lawyer who asked for and took the "loan" is no bueno and has big problems.
Posted on 7/17/20 at 11:10 am to CharleyLake
Hopefully your daughter didn't work for First NBC...
Posted on 7/17/20 at 11:16 am to CharleyLake
Because the loan is interest free, 1.8(c) might cause them some problems. And I imagine the ODC wouldn't be terribly interested in their protestations regarding whether that would constitute "substantial".
ETA:
ETA:
quote:
A lawyer shall not solicit any substantial gift from a client, including a testamentary gift,
or prepare on behalf of a client an instrument giving the lawyer or a person related to the
lawyer any substantial gift unless the lawyer or other recipient of the gift, is related to the
client. For purposes of this paragraph, related persons include a spouse, child, grandchild,
parent, or grandparent.
This post was edited on 7/17/20 at 11:17 am
Posted on 7/17/20 at 12:17 pm to Motorboat
To be clear my daughter loaned the cash to the attorney.
Posted on 7/17/20 at 12:21 pm to CharleyLake
That's the way I read it. And to be clear, no reputable lawyer would ever ask an individual client for a loan like this. If I was that lawyer I would do anything I could to pay the money back and clear this up with the quickness. The problem is that he probably doesn't have the money.
Posted on 7/17/20 at 12:24 pm to Joshjrn
My daughter is the client.
The amount is $2000.00
No promissory note, no interest, just a "bridge loan."
What is ODC?
Sorry, I did read about "gift". Is it different from a loan in an ethics context?
Thanks.
The amount is $2000.00
No promissory note, no interest, just a "bridge loan."
What is ODC?
Sorry, I did read about "gift". Is it different from a loan in an ethics context?
Thanks.
Posted on 7/17/20 at 12:44 pm to SloaneRanger
You are most likely correct. My daughter is a thoughtful person who wanted to help. She wouldn't have mentioned to me if there were any efforts of even a partial payment,I suspect.
Posted on 7/17/20 at 1:31 pm to CharleyLake
i don't think there is a specific rule against this, but i could see them interpreting one. like how we don't have an explicit rule against having sex with clients but the LASC interpreted it. i reckon it would be seen as a conflict of interest at the least.
Posted on 7/17/20 at 1:33 pm to CharleyLake
quote:
CharleyLake
is your daughter in LC? please tell me the attorney isn't
Posted on 7/17/20 at 1:36 pm to SlowFlowPro
quote:
is your daughter in LC? please tell me the attorney isn't
I think the attorney is Wilford Carter
Posted on 7/17/20 at 1:40 pm to CharleyLake
quote:
You are most likely correct. My daughter is a thoughtful person who wanted to help. She wouldn't have mentioned to me if there were any efforts of even a partial payment,I suspect.
This may be hard to answer, but is your daughter a friend and/romantic interest of the attorney?
I'm just trying to picture a situation where someone makes a personal loan of $2,000 to their attorney.
Posted on 7/17/20 at 2:50 pm to CharleyLake
I do not know a prohibition to your scenario but it sounds fishy. ODC is the office of disciplinary counsel.
Posted on 7/17/20 at 3:11 pm to CharleyLake
quote:
My daughter is the client.
The amount is $2000.00
No promissory note, no interest, just a "bridge loan."
What is ODC?
Sorry, I did read about "gift". Is it different from a loan in an ethics context?
Thanks.
Office of Disciplinary Counsel. It’s basically internal affairs for attorneys.
And the interest free part is the gift.
Posted on 7/17/20 at 3:17 pm to LSUFanHouston
A former client, friendship I suppose. I am trying to get my head rapped around also.
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