Question
case: In re E. Eric Guirard and Thomas R. Pittenger. In re Guirard, 11 So.3d 1017 (La. 05/05/09), (Cite as 11 So.3d 1017) Supreme Court
case:
In re E. Eric Guirard and Thomas R. Pittenger. In re Guirard, 11 So.3d 1017 (La. 05/05/09), (Cite as 11 So.3d 1017) Supreme Court of Louisiana.
answer questions:
What were the main factors listed by the court that persuaded them that the services performed by the nonlawyer personnel violated the unauthorized practice of law statutes? What were the formal charges against the attorneys? Evaluate the Hearing Committee basis for the charges/counts determined in the report. The attorneys argued that the percentage compensation was a form of profit sharing and therefore ethically permissible. How did the court handle this argument? Whose argument did you find more persuasive: the court's or the lawyers'? Why? The court concluded that the attorneys delegated the handling of their clients' cases to their nonlawyer staff. Explain/describe the court's view of the egregious practice in place.
For each issue raised by the court regarding the unauthorized practice of law by the case managers, what new procedural system would you put in place to avoid violations?
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