Take a look at our December newsletter!
For The Ambitious Advocate BRIEF RECESS
DECEMBER 2025
FROM THE LAW OFFICES OF J. PRICE MCNAMARA
How a One- Penny Trust Account Clerical Error Caused Me a 6-Week ODC Audit of Trust Account and Client Files
I was cleared of any ethics violation, and ODC’s process was smooth and impressively thorough and professional. While unquestionably necessary, a one penny clerical error can cause a lot of avoidable, not fun work to compile and produce all documentation needed for ODC to properly audit six months of IOLTA account transactions. This is a “DON’T DO THIS TO YOURSELF” story. Like I guess many contingency practice attorneys do, I get a settlement or judgment check in, deposit to trust account, pay client by ACH transfer to their bank, and transfer fees and recouped costs to my firm’s operating account. One fateful morning, I ACH transferred one penny too much to one client. Literally a number typo. I noticed the error right away, so I transferred one penny from my operating account to my trust account to bring it back to balance. A penny, no big deal right? Wrong! The bank notified the Bar of the one day, one cent overdraft. Banks handling IOLTA accounts are required to do so, and don’t have discretion to decide whether a corrected one cent overdraft is worthy of reporting. Where would the line be drawn, right? A week later I got a letter from the ODC. It said to comply with the following within 15 days or possibly face formal disciplinary proceedings
for failure to cooperate (they did grant a request for more time without issue):
client/attorney contract) that support the transactions for each client matter identified in the trust account activity during the 6-month period. d) The trust account reconciliations that coincide to at least the month of the overdraft and the prior 5 months.
1. Provide a written explanation detailing the reason there was a shortage and how it was corrected. Include a copy of all documentation to substantiate the correction. Detail procedures implemented to avoid any future shortages.
3. Identify the last four digits of your operating account number to expedite our review.
2. Louisiana Supreme Court Rule XIX
§28.A.(2Y details the financial records that must be maintained by lawyers engaged in the practice of law in Louisiana. Please submit copies of your records for the last six months (including the month of the overdraft/ NSF) as required to be maintained pursuant to the rule. The records should include but not be limited to the following.
I learned that these requests for information are standard any time the ODC receives an overdraft notification related to a trust account. As I began to work on the production between meeting other deadlines, I started questioning whether I should be redacting things like the clients’ ACH authorization forms containing their routing and account numbers. Would I be cited for an ethics violation made trying to comply with the production? So I hired ethics counsel. Little known fact – many malpractice policies (mine is CNA) pay up to $50,000 in attorney fees with no deductible for defending an ODC investigation. Six weeks later I got the letter that the investigation was closed with a finding of no violation. But good grief!
a) The last six Trust Account Bank
Statements and LEGIBLE check images. Do not send a printout of the account's activity. If you have not received the bank statement for the month that the overdraft/NSF occurred, please forward it to us as soon as you receive it. b) An identification of each trust account transaction (debit and credit) on the last six months bank statements to the corresponding client matter(s).
I hope this story might help a colleague avoid a similar experience. Be careful with those trust accounts!
c) Copies of the client records
(disbursement/settlement forms, client invoices, record of billable time, and
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CHRISTMAS AROU
If you’ve ever watched your child light up around a dog or cat, you know how special that connection can be. Pets bring joy, comfort, and plenty of laughter into a home. But as sweet as those moments are, kids don’t always know how to handle animals safely. With these six tips, children can learn how to be safe and caring friends to the animals in their lives. Ask before you pet. Always ask first. This is one of the most important lessons to teach a kid. Whether it’s a family pet or a dog at the park, kids should get permission from an adult before approaching. This habit prevents unwanted surprises and teaches children that animals deserve the same respect as people when it comes to personal boundaries. Create calm introductions. Excited little hands often want to rush in for hugs, but that can overwhelm an animal. Encourage your child to let the pet sniff their closed hand before petting. Start with gentle strokes along the back or shoulders, steering clear of tails, ears, or paws. Showing kids how to move slowly and softly makes the experience safer for everyone. Recognize animal body language. Children may not realize when a pet is uncomfortable. Teach them to notice cues like a tucked tail, growling, or a dog pulling away. These signs mean “I need space.” By framing it as listening to what the animal is “saying,” kids learn to pay attention and respond with empathy. Respect quiet time. Pets need rest just like kids. If a dog is eating, chewing on a toy, or curled up in their bed, that’s their private time. Explain that interrupting can make a pet feel protective or grumpy. A simple rule of “if the pet is busy, give them their space” can keep everyone safe. HELPING KIDS UNDERSTAND BOUNDARIES WITH PETS Pets Aren’t Toys
A TOUR OF GLOB
Christmas looks different no matter where you go, but the heart of it stays the same. Here in the U.S., we picture trees, stockings, and maybe a big family dinner with turkey or ham and all the trimmings. But travel a little, and you’ll find the same spirit expressed in completely different ways. Across Europe, December streets glow with light and song. In Germany, market stalls line old squares where neighbors trade gifts and sip mulled wine to keep out the chill. In Italy, children look forward to La Befana, a friendly old woman who visits homes on Jan.
5 to leave sweets and small gifts. Iceland has its Yule Lads, 13 playful characters who stop by Icelandic homes one at a time on the days leading up to Christmas.
Does your office turn away calls about “long-term disability insurance” claim denials because you don’t handle administrative appeals or “ERISA litigation” in federal court? We want to hear from you! We happily share fees on referred ERISA long-term disability, life insurance, and accidental death insurance denial cases. Send us an email at BriefRecess@jpricemcnamara.com or call (225) 201-8311 to start the referral process! WE VALUE YOUR REFERRALS!
Avoid excitement around pets. Running, yelling, or rough play can trigger a pet’s instincts and cause accidents. Encourage your child to move calmly and use an indoor voice when interacting
with animals. If they feel nervous, teach them to stand still, fold their arms, and wait for the adult to step in. Always supervise young children. No matter how well-behaved your pet is, children younger than 5 should never be left alone with animals. Supervision allows you to step in quickly if things get too rowdy and to model the right way to show care.
ERISA is all we do!
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UND THE WORLD
Long-Term Disability Win for
BAL TRADITIONS
In other parts of the world, the festivities shift with the climate. Mexico has Las Posadas, a nine-night celebration filled with food, drinks, and music combined with traditional religious elements. Christmas in Australia looks more like a summer vacation. In fact, it takes place during the Australian summer, so typical celebrations include barbecues and trips to the beach. Japan also does things differently. Many families order Kentucky Fried Chicken for Christmas Eve, a quirk that began with a clever ad in the 1970s and never went away. The Philippines has the longest Christmas season of all. Filipinos are known for getting the most out of festivities and family gatherings, and that definitely shows in the “-ber” months. Running from September through December, the holiday season in the Philippines includes religious traditions like Simbang Gabi, nine days of dawn masses, and community gatherings like the Giant Lantern Festival that takes place in San Fernando every December. All of these traditions are as unique as the country where they originated, but the feeling behind the season is universal. People come together, share what they have, and make memories that last long after the lights come down. However you celebrate, that shared joy is what makes Christmas special.
We’d like to thank our attorney referral partner for trusting us with the referral of Christopher, whose long-term disability benefits were denied by New York Life Insurance Company. In short order, we were able to convince New York Life to reverse its denial rather than face a court battle. The circumstances of the case were as follows. Christopher NEW YORK LIFE REVERSES DENIAL Christopher was a traffic coordinator for one of the largest energy infrastructure companies in North America. He was responsible for managing all logistics for products arriving at the terminal via river barges and departing internationally by ship. His position also required managing and tracking all security incidents, drills, and exercises with Corporate Security and the U.S. Coast Guard.
HAVE A LAUGH
After a long struggle to continue working, Christopher had to stop due to widespread arthritis that caused chronic pain, limited mobility, and severe fatigue. He also battled depression, stress, and anxiety brought on by his pain and inability to work. Additionally, he had difficulty staying focused and paying attention. That, coupled with related memory loss, interfered with his ability to perform complex tasks and meet the demands of his job. New York Life hired a physician who only reviewed Christopher’s medical records without conducting an in-person IME visit. Based on that, they concluded that he could still perform his previous occupation. We worked closely with Christopher and his treating physicians to describe his pain and limitations more effectively so that New York Life had a complete and accurate understanding of his condition. Once provided with the full picture, the insurer reversed its decision on administrative appeal. Christopher was thrilled to have his benefits restored without the need to go to court. We love getting these claims turned around for hardworking, legitimate claimants who are entitled to benefits. Thank you again to our referral partner for trusting us with this case!
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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
ERISA INSURANCE J. PRICE MCNAMARA Claim Attorney
9431 Common St. Baton Rouge, LA 70809 (225) 201-8311 WinMyBenefits.com
INSIDE THIS ISSUE
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Lessons From an ODC Investigation
The Do’s and Don’ts of Kids Interacting With Pets Celebrating Christmas Without Borders Disability Denial Reversed Without a Court Battle Have a Laugh
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3 Train Trips to Take Today
A Symphony of Swiss Scenes For many travelers seeking some of the most breathtaking visuals imaginable, all rails lead to the Swiss Alps. The Glacier Express’ 292-bridge/91-tunnel track from Zermatt to St. Moritz gives passengers a personal view of picturesque valleys, mountain streams, and alpine meadows. Often referred to as “the slowest express train in the world,” it travels 24 miles per hour, allowing you to feast your eyes on the scenery through its panoramic windows. Boasting millions of passengers in its decades-long history, the Glacier Express has earned its rightful place as one of the most celebrated names in tourism. An Alaskan Adventure If you’re looking for railway adventures closer to home, consider hitting the tracks in Alaska. Since 1903, the Alaska Railroad has provided travelers an intimate way to explore what later became our 49th state. Getting a seat will guarantee a breathtaking journey through scenic landscapes, national parks, fjords, snow-capped peaks, and valleys brimming with wildlife. For the ultimate Alaska experience, opt for the Alaska Railroad’s GoldStar Service, which offers glass-dome ceilings for panoramic nature viewing, a full-service dining room, and a one-of-a-kind upper-level platform for additional sightseeing.
TRACKS AND TREASURES Scenic Rail Journeys Worth Riding
Flying over beautiful landscapes can be exhilarating, but what if you could experience those beautiful sights in a closer and more personal way? With railway vacations, you can. Whether you're a seasoned train traveler or curious about cruising on the tracks, here are three travel options you can only experience and appreciate on the rails. A Euphoric European Escape While there are plenty of thrilling sights to behold in America, the glamorous international excursion of the Venice Simplon-Orient-Express is incomparable. From its pristinely preserved 1920s/1930s-era carriages and stunning Art Deco interior to its remarkable gourmet food (including breakfast in bed!) and live entertainment, this world-renowned train will take you through Venice, Paris, Istanbul, and other legendary European destinations.
The next time your wanderlust inspires you to explore new wonders, skip the plane and take a train!
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