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Advisory opinion request regarding Liskow & Lewis, PLC, providing adivice to clients regarding legislation through a separate company, now that a member of the Louisiana Legislature is a partner in Liskow & Lewis. |
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In January of 2012, State Representative Neil Abramson, a member of the Louisiana Legislature, became a shareholder in the law firm of Liskow & Lewis, PLC. As such, the firm no longer represented clients regarding potential legislation in accordance with La. R.S. 42:1111E(1).
Other members of the Firm would like to perform legal work to assist clients with efforts to propose legislation pending before the Legislature. As such, the Firm would like to create a separate entity named "Liskow & Lewis Legislative Advisors, LLC" (Advisors). The new entity would provide legislative advice and receive compensation for such advice, but would not include Representative Abramson as a member of the entity. Otherwise, the membership of the new entity would be identical to that of the Firm.
Advisors will not be a subsidiary of the Firm. The Firm will have no interest in Advisors. Advisors will be owned by its members. Advisors will bill its clients directly and will collect fees for the services it provides. No fees will be shared with the Firm.
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1111E. Payments for rendering assistance to certain persons. (1) No public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant. (a) No elected official of a governmental entity shall receive or agree to receive any thing of economic value for assisting a person in a transaction or in an appearance in connection with a transaction with the governmental entity or its officials or agencies, unless he shall file a sworn written statement with the board prior to or at least ten days after initial assistance is rendered. (b) The contents of the sworn written statement required by this Subsection shall be prescribed by the board and such statement shall be a public record. (c) The board shall review all sworn statements filed in accordance with this Subsection. If the board determines that any such sworn statement is deficient or may suggest a possible violation of this Part, it shall, within ten days of the receipt of such statement, notify the elected official filing the statement of its findings. Such notification shall be deemed confidential and privileged and shall only be made public in connection with a public hearing by the board for an alleged violation of this Part where such would be relevant to the alleged violation for which the elected official is being investigated.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mike Dupree |
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