Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
2008-1150 <br /> Created By: Elizabeth Sanders on 02/03/2009 at 10:21 AM <br /> Category: Ethics Advisory Opinions <br /> Caption: An advisory opinion concerning a law firm representing LSU in connection with a contract with Our Lady <br /> of the Lake with the law firm serving as special counsel for both LSU and Our Lady of the Lake Hospital. <br /> State of Louisiana <br /> Board of Ethics <br /> In Re: Taylor Porter, Applicant Docket No. 2008- 1150 <br /> Reasons for Advisory Opinion <br /> Facts. In this matter, Taylor Porter, a limited liability firm practicing law in the State of <br /> Louisiana, has applied for an advisory opinion as to whether certain of its member attorneys may <br /> provide legal services to the Board of Supervisors for Louisiana State University (LSU) in <br /> • anticipated negotiations with Our Lady of the Lake (OLOL), a wholly owned subsidiary of <br /> Franciscan Missionaries of Our Lady(FMOL), leading to a contractual relationship relative to the <br /> education of students seeking degrees in medicine and the provision of medical services for the <br /> indigent population of Louisiana at OLOL regional facilities located in East Baton Rouge Parish <br /> Although Taylor Porter has for many years rendered legal services to LSU, it is not <br /> General Counsel for LSU. Instead LSU has its own General Counsel who is a full time employee <br /> of the university and together with his staff routinely provides legal services to LSU. Under LSU' <br /> s Permanent Memorandum -72 and implementing Guidelines, all discrete legal services to be <br /> provided by an "outside" law firm must be obtained through a Request for Legal Services issued <br /> by LSU that describes with particularity the legal services to be provided, the reasons why the <br /> legal services are necessary and the provisions for compensation. It is in this context that LSU <br /> has requested that Taylor Porter provides legal services in its negotiations with OLOL. <br /> Through its own full-time "in-house" General Counsel, OLOL/ FMOL also employs <br /> "outside" lawyers to provide discrete legal services. On occasion, Taylor Porter has also rendered <br /> legal services to OLOL/FMOL with respect to workers compensation, employment, construction <br /> contracts, and intellectual property matters. It appears that Taylor has never represented LSU or <br /> OLOL/FMOL against the other.' <br /> Board Jurisdiction. In all adjudicative proceedings, whether in courts or before <br /> • administrative agencies, a threshold question is whether the given forum has the power to <br /> adjudicate the matter. In the instance of the Board of Ethics, it has jurisdiction over certain <br />