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2023-1076
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2023-1076
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Entry Properties
Last modified
5/24/2024 9:12:54 AM
Creation date
3/14/2024 10:00:31 AM
Metadata
2023-1076
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-1076
Requesting Party
Dane Ciolino
Parties Involved
John Bel Edwards
Fishman Haygood LLP
Agency at Issue
State of Louisiana
Executive Branch
Decision Date
3/8/2024
Law
La. R.S. 42:1121A(1)
La. R.S. 42:1121C
La. R.S. 42:1113D(3)
Caption
The Code of Governmental Ethics contains post-employment provisions that apply to former Governor John Bel Edwards and his potential affiliation as Special Counsel with the law firm of Fishman Haygood LLP.
Ethics Subject Matters
Post Employment
Prohibited Contracts
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STATE OF LOUISIANA <br /> OF L°STG� DEPARTMENT OF STATE CIVIL SERVICE <br /> ,Sw oN cr9 <br /> ��� ,4. f> LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> * * BATON ROUGE,LA 70821 <br /> C01'FIDENLE (225)219-5600 <br /> ..a• FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> March 11, 2024 <br /> Dane S. Ciolino <br /> Louisiana Legal Ethics, LLC <br /> 18 Farnham Place <br /> Metairie, Louisiana 70005 <br /> Re: Docket No. 2023-1076 <br /> Advisory Opinion <br /> Dear Mr. Ciolino: <br /> The Louisiana Board of Ethics, at its meeting on March 8, 2024, considered your request for an <br /> advisory opinion on behalf of former Governor John Bel Edwards regarding the post-employment <br /> provisions in the Code of Governmental Ethics ("Code") that apply to his potential affiliation as <br /> Special Counsel with the law firm of Fishman Haygood LLP. <br /> FACTS PROVIDED <br /> John Bel Edwards's service as Governor for the State of Louisiana ended on January 8, 2024. <br /> Governor Edwards intends to contract with Fishman Haygood as a "non-exclusive independent <br /> contractor with a `Special Counsel' designation." The proposed contract provides that Governor <br /> Edwards will: <br /> • be free from control and supervision of the law firm as to the means and methods of <br /> performing his work; <br /> • not be obligated to work in a particular place, a set number of hours, or be required to log <br /> a set number of billable hours; <br /> • not be prohibited from providing services to other clients or law firms that otherwise do <br /> not present attorney/client conflicts of interest for Fishman Haygood; <br /> • decide which assignments he will accept; <br /> • maintain his own office space, but may use the firm's offices in New Orleans and Baton <br /> Rouge; <br /> • be responsible for his expenses,but may be reimbursed by clients for those expenses; <br /> • not be eligible to participate in the law firm's group health,life,and disability plans,401(k), <br /> profit sharing, retirement plans, or other benefits provided by the law firm; <br /> • receive a 1099 tax form; and, work for a fixed term. <br /> The contract also provides that Fishman Haygood cannot terminate Governor Edwards's services <br /> "at will." Governor Edwards will have no ownership interest in Fishman Haygood. <br /> Page 1 of 4(BD 2023-1076) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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