Board rips Guirard law firm practices

• By ALLEN M. JOHNSON JR.
• Advocate New Orleans bureau
• Published: Nov 12, 2008 - UPDATED: 12:05 a.m.

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NEW ORLEANS — In a lengthy, often blistering opinion, the Louisiana Attorney Disciplinary Board on Tuesday recommended that the Louisiana Supreme Court permanently disbar iconic Baton Rouge attorney E. Eric Guirard and law partner Thomas R. Pittenger.

Their attorney said the two “strongly disagree” with the board’s opinions.

Rejecting a hearing committee’s recommendation for a one-year suspension for both lawyers, the board also added a third charge to two alleged misconduct violations brought by the Office of Disciplinary Counsel, which prosecutes allegations of lawyer misconduct.

The lawyers are now formally charged with: providing improper fees and incentives to case managers, investigators, secretaries and other nonlawyers at the firm; allowing nonlawyers at the office to practice law, including settling cases with insurance adjusters and — the board-added allegation of improper solicitation of clients and the improper rewarding of nonlawyers for new clients.

The board compared the operation of E. Eric Guirard & Associates to the scandalized law firm of imprisoned former Louisiana Senate President Michael O’Keefe.

Further, the board accused the lawyers of violating the law firm’s popularly advertised “E-guarantee” — that any case would be handled one of the firm’s attorneys. In fact, many cases were handled by an office case manager for an improper fee, the board states.

O’Keefe, who is serving time in federal prison for defrauding an insurance company, was permanently disbarred for engaging in a “runner-based solicitation scheme” to bring clients to his New Orleans law firm.

Similarly, the Disciplinary Board alleged, Guirard and Pittenger used improper fees and other incentives to induce non-lawyers at the Baton Rouge firm — such as office case managers, investigators and secretaries — to solicit new clients.  

“(Guirard and Pittenger) even went so far as to run contests among the case managers to reach a certain level of fees generated from the settlement of cases during designated time periods,” the board wrote. “The resulting prize would be a trip to Cancun or to the Beau Rivage Resort on the Mississippi Gulf Coast …. If successful in having a prospective client sign the contract, the (nonlawyer) would receive a bonus or sign-up fee ranging from $15 to $50.”

Responding specifically to the comparison of his clients to O’Keefe, defense attorney James L. Clary said: “We respectfully disagree with the board’s findings and don’t believe the record supports it.”

Clary later added: “As lawyers we are constrained about what we can say and can’t say about the actions of an adjudicative body, such as the disciplinary board. We respect the process, and we respect the rules.”

Clary said both Guirard and Pittenger have more than two decades of legal experience — without any prior allegations of misconduct. Both attorneys also have faith in Louisiana’s legal system, he said.

“We are absolutely certain the Supreme Court will address this matter fairly and appropriately,” Clary said.