| Request for an advisory opinion from Erlingson Banks, PLLC, a law firm that recently hired a lawyer previously employed with the Louisiana Attorney General's Office, as to whether the firm can continue to handle legal matters on a contractual basis on behalf of the Attorney General's Office. |
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Ashley Caruso was employed with the Louisiana Attorney General's Office until July 12, 2019 as an Assistant Attorney General in the Litigation Division's General Liability Section. As Assistant Attorney General, Ms. Caruso served as lead and support attorney on general liability cases involving state entities.
Erlingson Banks, PLLC contracted with the Louisiana Attorney General's Office to serve as defense counsel in civil lawsuits filed against state entities. Lee Ledet, a partner with Erlingson Banks, serves as lead defense counsel on litigation matters assigned by the Attorney General's Office Litigation Division, including cases that fall within the Litigation Division's General Liability, Civil Rights, and Transportation sections.
On July 15, 2019, Erlingson Banks hired Ashley Caruso as an associate attorney at the firm. Ms. Caruso has not handled any matters involving matters from the Attorney General's Office.
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La. R.S. 42:1121B(1) prohibits a former public employee, for a period of two years following the termination of his public employment, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, rendering, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
La. R.S. 42:1121C prohibits a legal entity in which a former public servant is an officer, director, trustee, partner, or employee, for a period of two years following the termination of his public service, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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