Meetings
 
Agenda Item
Docket No. 21-1037
 
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RE:
Advisory Opinion request from Richard L. Traina, a former Assistant Attorney General, relative to providing legal services to the Department of Natural Resources upon his leaving the Louisiana Department of Justice.
Facts:
Richard Traina retired as an Assistant Attorney General at the Louisiana Department of Justice on June 4, 2021. During his seven years at the Attorney General's Office, Mr. Traina worked in the Land and Natural Resources Section of the Civil Division providing legal assistance in litigation matters. In August 2021, Mr. Traina's new employer, Steeg Law Firm, LLC, was approached by his former colleagues in the Civil Division of the Department of Justice for legal assistance involving the Louisiana Department of Natural Resources in a trial, Crooks v. DNR, Case No. 224262, 9TH Judicial District Court, Rapides Parish. Mr. Traina did not work on the Crooks matter while employed at the Department of Justice. Mr. Traina participated during the trial by cross examining two expert witnesses. Steeg Law Firm has submitted invoices to the Department of Natural Resources for his services which have not been paid.

During his employment with the Department of Justice, Mr. Traina did list one litigation matter, State of La., through the Dep't of Wildlife and Fisheries and the Dept. of Nat. Res. v. Clovelly Oil Co., LLC, Case No. 135219, 16TH Judicial District Court, St. Mary Parish. His work on the Clovelly Oil matter was minimal, by participating in one meeting in January 2020 with representatives of the Department of Wildlife and Fisheries, not with any representatives of the Department of Natural Resources. Mr. Traina never spoke with anyone at the Department of Natural Resources regarding this matter, but did offer comments to defense counsel for the Department of Wildlife and Fisheries relative to the petition and suggested edits to letters about settlement signed by others in the Office of State Lands and Department of Natural Resources.

Comments:
AO Docket No. 2021-353 involved Richard Traina, whereby the Board opined that he would be prohibited from assisting the Office of State Lands in new litigation matters since he represented the Office of State Lands in litigation matters while employed with the Department of Justice, however, he could handle litigation matters for other state entities, provided that he did not participate in those matters while employed with the Department of Justice.
Law:
La. R.S. 42:1121B(1) provides no former public employee shall, for a period of two years following the termination of his public employment, assist 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, render, 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.

Recommendations:
Adopt the proposed advisory opinion draft.
Assigned Attorney: Greg Thibodeaux
 
 
ATTACHMENTS:
Description:
2021-1037 Final Draft
2021-1037 - Advisory Opinion Request Richard L. Traina
2021-353 - Advisory Opinion Richard L. Traina