THE ROLE OF THE ATTORNEY GENERAL’S OFFICE IN THE DEFENSE OF CLAIMS

Oh.... I’ve Been Sued!

BOSSIER BOSSIERCLAIBORNE UNIONMOREHOUSEWESTEAST JACKSON LINCOLN OUACHITARICHLAND MADISON SABINE NATCHITOCHES WEBSTER CARROLL CALDWELLFRANKLIN TENSAS GRANT LASALLE CATAHOULA CONCORDIACONCORDIA RAPIDES AVOYELLES BEAUREGARDALLEN EVANGELINE SAINT SAINT LANDRY LANDRY POINTECOUPEE WESTFELICIANA EAST FELICIANA FELICIANA SAINT HELENA HELENA TANGIPAHOA CALCASIEU JEFFERSON DAVIS DAVISACADIA CAMERONVERMILION IBERIA LAFAYETTE SAINT SAINTMARTIN IBERIA SAINT MARY MARY ST.MARTIN WASHINGTON EAST BATON BATON ROUGE ROUGE LIVINGSTON SAINT SAINT TAMMANY TAMMANY IBERVILLE WEST BATON BATON ROUGE ROUGE ASCENSION SAINTJAMES SAINT SAINTJOHN SAINTCHARLES L A F O U R C H E TERREBONNE J E F F E R S O N P L A Q U E M I N E S SAINT BERNARD ORLEANS ASSUMP TION CADDO Shreveport Alexandria Lake Charles Baton Rouge DESOTO REDRIVER BIENVILLE WINN JACKSON VERNON Lafayette New Orleans

BOSSIER BOSSIER CLAIBORNE UNIONMOREHOUSEWESTEAST JACKSON LINCOLN OUACHITARICHLAND MADISON SABINE NATCHITOCHES WEBSTER CARROLL CALDWELLFRANKLIN TENSAS GRANT LASALLE CATAHOULA CONCORDIACONCORDIA RAPIDES AVOYELLES BEAUREGARDALLEN EVANGELINE SAINT SAINT LANDRY LANDRY POINTECOUPEE WESTFELICIANA EAST FELICIANA FELICIANA SAINT HELENA HELENA TANGIPAHOA CALCASIEU JEFFERSON DAVIS DAVISACADIA CAMERONVERMILION IBERIA LAFAYETTE SAINT SAINTMARTIN IBERIA SAINT MARY MARY ST.MARTIN WASHINGTON EAST BATON BATON ROUGE ROUGE LIVINGSTON SAINT SAINT TAMMANY TAMMANY IBERVILLE WEST BATON BATON ROUGE ROUGE ASCENSION SAINTJAMES SAINT SAINTJOHN SAINTCHARLES L A F O U R C H E TERREBONNE J E F F E R S O N P L A Q U E M I N E S SAINT BERNARD ORLEANS ASSU MPTI ON CADDO DESOTO REDRIVER BIENVILLE WINN JACKSON VERNON Shreveport Litigation Office Jerald L. Perlman Assistant Attorney General & Office Chief 330 Marshall Street Suite 777 Shreveport, LA Tel: (318) Fax: (318)

Alexandria Litigation Office James E. Calhoun Assistant Attorney General & Office Chief 201 Johnston Street, Suite 100 Alexandria, LA Tel: (318) Fax: (318)

INDEMNIFICATION OF STATE EMPLOYEES La. R.S. 13:5108.1

When you are contacted by the Attorney General’s Office

If recipient of letter is NON-SUPERVISOR Notify supervisor IMMEDIATELY DO NOT DISCUSS with co-workers Have supervisor set up meeting so he/she can also attend Repeat: DO NOT DISCUSS with co- workers

If recipient of letter is SUPERVISOR Follow own internal procedures Respond promptly to letter Open claim file if not already done, using ORM claim number

IT IS NEVER TOO EARLY TO START A CLAIM FILE 1)Notify ORM and get a claim number AS SOON AS YOU BECOME AWARE OF THE CLAIM. 2)For claims involving deaths or serious injuries, in addition to contacting ORM, please do not hesitate to contact your local AG’s office.

Louisiana Code of Civil Procedure Article 1424A The court shall not order the production of inspection of any writing obtained or prepared by the adverse party, his attorney, surety, indemnitor, or agent in anticipation of litigation or in preparation for trial unless satisfied that denial of production or inspection will unfairly prejudice the party seeking the production or inspection in preparing his claim or defense or will cause him undue hardship or injustice. The court shall not order the production or inspection of any part of the writing that reflects the mental impressions, conclusions, opinions, or theories of an attorney.

Initial Claim Investigation Name, address and telephone number of claimant (if known) Names of all potential employee witnesses Incident reports required by agency Photographs Summary of witness and claimant statements Prepared, signed and dated by you Countersigned and dated by witness, if possible

SHHHHH!!!

What should be included in/on Claim File? 1)Clearly marked with claimant’s name and ORM number 2)Confidential designation 3)All correspondence from ORM, Attorney General and in-house attorneys 4)Incident or accident report forms 5)Photographs 6)Wage & employment information if claimant is employee 7)Medical bills 8)Copies of statements

REMEDIAL MEASURES Louisiana Code of Evidence Article 407 In a civil case, when, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This Article does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, authority, knowledge, control, or feasibility of pre- cautionary measures, or for attacking credibility.

What do I do if... 1)Claimant is a current employee? 2)Claimant is a recurring patient or client? 3)Claimant has family members or close friend who is employed by agency?

Document, Document, Document Note all pertinent information in claim file and advise your defending attorney Summarize (who, what, when, where) encounters AS SOON AS THEY HAPPEN, put it in your claim file and notify your defending attorney ALWAYS keep your defending attorney informed!

SHHHHH!!!