La. R. Sup. Ct. 10

As amended through May 31, 2024
Section 10

Lawyer staffpersons of law school clinical programs and certified student practitioners shall adhere to the Rules of Professional Conduct, including the rules prohibiting solicitation of cases or clients. In addition, no student practitioner shall appear in a representative capacity pursuant to this rule if any clinical program supervising lawyer, staffperson, or student practitioner initiated in-person contact, or contact by mail, telephone or other communications medium, with an indigent person or indigent community organization for the purpose of representing the contacted person or organization. Note: Amended effective April 15, 1999.

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In the amendments to Rule XX which were promulgated on June 17, 1998, Section 10 included two principal components:

(1) a prohibition on representing solicited clients pursuant to Rule XX; and
(2) a ban on representation of indigent community organizations the law clinics helped form or create.

Subsequent to reviewing a request for reconsideration and a stay of the 1998 amendments, the Court, on June 30, 1998, suspended implementation of this section of the rule.

In 1999 amendments to the rule, the Court repealed the provision which had prohibited law clinics from representing, in a Rule XX capacity, community organizations they helped form or create. However, in furtherance of the Court's policy against solicitation of legal clients generally, the ethical prohibitions against attorney solicitation, and the Court's view that law students should not be encouraged to engage in the solicitation of cases, Section 10, as amended, prohibits a student practitioner from representing a client who has been the subject of targeted solicitation by any law clinic representative.

Section 10 places no restrictions on the pro bono representation of solicited clients by attorneys employed or retained by law schools or law clinics. Furthermore, this singular prohibition regarding the representation of solicited clients by student practitioners does not in any way restrict or prohibit law school clinical activities which are intended to provide education or information to Louisiana citizens.

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La. R. Sup. Ct. 10