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Louisiana State Bar Association v. Edwins

329 So. 2d 437 (1976)

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Louisiana State Bar Association v. Edwins

Louisiana Supreme Court
329 So. 2d 437 (1976)

AR

Facts

R. C. Edwins (defendant) represented Donald Selzer in a maritime case. During the representation, Selzer repeatedly asked Edwins for money, and Edwins advanced Selzer cash. The Louisiana State Bar Association (plaintiff) sued, arguing that Edwins had violated the Code of Professional Responsibility by advancing cash to Selzer without justification. At trial, Selzer testified that periodic advances not necessarily based on need were a common practice in maritime litigation. Specifically, highly paid seamen expected a high quality of life and were unable to maintain one while on disability. Consequently, seamen demanded and received rather large advances pending final disposition of high-award litigation. Selzer also stated that without advances, Selzer would not have hired Edwins as his lawyer.

Rule of Law

Issue

Holding and Reasoning (Tate, J.)

Dissent (Dixon, J.)

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