The Bagert Law Firm is conveniently located in the heart of the CBD and next door to the federal Court House at:

Poydras Center
650 Poydras St., Ste. 2708
New Orleans Louisiana, 70130

Office: 504-523-1117
Fax:    504-522-5406

"Awarded Highest Rating Available"
Martindale-Hubbell National Law Directory

For thirty five years the Bagert Law Firm has honored a commitment to deliver excellent legal services to its clients. Its members are lawyers who have combined academic achievement with the practical experience that comes from frequent practice in state and federal courts. They maintain their skills by presenting and attending continuing legal education programs. All lawyers and employees of the firm participate actively in the service of the local community and its institutions.

ADMINISTRATIVE LAW AND GOVERNMENTAL RELATIONS
Background and experience

The real world experience that our lawyers have gained in holding both elective and appointive office enables us to articulate and advance our clients' views before governmental bodies with credibility and effectiveness.

We have represented clients at the local, state, and legislative level and have testified before committees of the United States Congress.

We are adept at monitoring legislative and executive proceedings; participating in regulatory and adjudicatory proceedings; obtaining licenses and permits; and advising clients in efforts to procure public contracts.

We maintain a deep understanding of both federal and state administrative procedure acts that govern both rule making and the adjudication of cases in executive branch agencies. When necessary, we have taken governmental agencies to court and had their decisions overturned. See for example:

U.S. v. Menendez, 48 F.3d 1401, 40 ERC 1629, 32 Fed.R.Serv.3d 301,
25 Envtl. L. Rep. 20,938, 5th Cir.(La.), Apr 12, 1995;
U.S. v. Nguyen, 68 F.3d 470 (5th Cir. Miss.); and
In re: Jane Doe, Defense Office of Hearings and Appeals, Industrial
Security Clearance Case No. 01-13758
(http://www.defenselink.mil/dodgc/doha/industrial/01-13758.h1.html).

Examples of governmental organizations with which we have
experience:

Louisiana State Legislature
Public Service Commission
State Bond Commission
Louisiana Departments of:
    Environmental Quality
    Health and Hospitals
    Social Services
    Revenue and Taxation
    Public Safety & Corrections
    Transportation and Development
Louisiana Boards & Commissions:
    Attorneys' Disciplinary Board
    Board of Medical Examiners
    Board of Dentistry
    Motor Vehicle Commission
    Insurance Rating Commission
    Contractors Licensing Board
    Gaming Control Board
    Louisiana Tax Commission
    Board of Pharmacy

Local City Councils, Parish Governing Authorities, and Levee Districts

Federal Internal Revenue Service
Department of Commerce
Department of Defense
National Oceanic and Atmospheric Administration
 

BUSINESS FORMATION

We strive to understand the business of our clients and we are attentive to the client with an entrepreneurial idea. We help our clients choose the best form of business organization to fit the goals of the enterprise [e.g. LLC, Corporation or Partnership, Non-Profit Organizations] and we prepare the necessary organizational documents. We also obtain permits, state and federal tax identification numbers, copyrights, and trademarks. We can help negotiate and analyze contracts, franchise agreements, leases and other business agreements.

We also:

advise business clients on the operation of commercial laws
analyze, prepare, and litigate issues relating to
    - employment contracts and non-competition agreements
    - purchase and sales agreements
    - financing documents

BUSINESS COUNSEL

After a business has been formed, we assist management in a wide variety of concerns including those affecting closely held corporations, mergers, acquisitions, and non-competition agreements.

We represent sole proprietors, closely held businesses, general partnerships, limited partnerships, professional corporations, business corporations, and non-profit corporations. Our attorneys are skilled in the drafting of business agreements and in the analysis of proposed contracts.

We also advise our clients on all aspects of business governance including the fiduciary duties of directors and officers, and the rights of shareholders.

Our industry experience includes automotive, transportation, brokerages, real estate, mortgage lending, distribution, manufacturing, health care, retail, construction, commercial fishing, distributors, theaters and promoters.

We also provide advice on mergers, acquisitions, divestiture of existing businesses, purchase and sale of assets, and dissolution and liquidation of businesses.

BUSINESS GOVERNANCE

We advise business clients on issues related to the formation, management, operation, and disposition of corporations, partnerships, and limited liability companies. We are familiar with issues that arise in agreements among shareholders, limited liability company members, and partners, such as those related to formation and governance documents, proxy statements, re-capitalizations, reorganizations, mergers, and consolidations.

BUSINESS LITIGATION

Whether in state or federal courts, before government regulatory or adjudicative agencies, or before arbitration tribunals, our experienced litigators work closely with our clients to set and implement effective and practical litigation goals. We counsel clients in the investigative needs that are often critical to successful litigation while remaining mindful of the importance that our clients be spared exposure to unnecessary or risky litigation. We handle a wide variety of commercial litigation matters, as outlined in our areas of practice listing including Breach of Contract, Civil RICO, Business Torts, Directors' and Officers' Liability, and Unfair
Trade Practices.

Our senior partner is the lead author of the Louisiana Evidence Code which litigators and judges understand as the alphabet of litigation.

AREAS OF PRACTICE

The depth and breadth of our business litigation experience is presented in this illustrative list of matters we have handled for our clients:

Antitrust and Unfair Competition
Banking and Negotiable Instruments
Breach of Contract
Breach of Fiduciary Duty
Business and Consumer Fraud
Civil RICO
Constitutional & Civil Rights Law
Construction
Copyrights, Intellectual Property & Technology Litigation
Corporate Disputes
Directors' and Officers' Liability
Dissenting Shareholder Litigation
Dissolution of Business Organizations
Distributor and Franchise-Related Litigation
Lender Liability
Seizure and Foreclosure
Shareholder Derivative Litigation
Unfair Trade Practices and Trade Secrets
Uniform Commercial Code

The firm represents and counsels business operators, contractors, subcontractors, sureties, property owners, developers, material suppliers, architects, engineers, and other design professionals.

We understand that it is important for our clients to avoid unnecessary litigation expenses. Therefore we take pains to identify issues that might result in litigation by careful document review, counseling, and negotiation and to eliminate these risks whenever possible.

In construction related matters, our work often involves:

        - Design and survey errors        - Inferior workmanship or materials

        - Comparative responsibility of the various participants in the project

        - Injury and death on the construction site

        - Construction defect claims

        - Changed Conditions

        - Delay damage claims presented both during and after the construction work

If our client is the builder, we negotiate contract provisions that will allow him to be paid in full and on time
 

For over 37 years, The Bagert Law Firm has been helping clients to recover damages and fair compensation for bodily injuries and wrongful death. We have earned a reputation as highly skilled personal injury lawyers who promptly investigate and prosecute our clients’ claims. Our reputation often results in prompt and fair settlements from insurance carriers and claims adjusting firms. We limit our personal injury practice to representing plaintiff’s. We do not represent insurance companies. We are committed to treating each case, large or small, with great care to assure that our client receives the compensation that he or she deserves.

Medical malpractice claims are extremely complicated. Most medical malpractice claims that fall under Louisiana law must be brought within one year of discovery of the malpractice, but in no event later than within three years of the malpractice. Because of these time restrictions, we actively investigate whether our clients have been subject to medical malpractice in a prompt and professional manner. In Louisiana, most medical malpractice claims must first be submitted to a Medical Review Panel before filing suit in court. If necessary, The Bagert Law Firm will retain a doctor in the appropriate specialty to review your case and testify as to whether or not the appropriate medical standard was followed. We will also determine if a fully informed consent was obtained from you prior to the medical procedure. The Bagert Law Firm can assist you in determining whether malpractice caused or worsened your injury and in recovering the damages you suffered because of medical negligence.

The Bagert Law Firm is conveniently located in the heart of the CBD and next door to the federal Court House at:

Poydras Center
650 Poydras St., Ste. 2708
New Orleans Louisiana, 70130

Office: 504-523-1117
Fax:    504-522-5406

Dear Clients and Friends:

Ben Bagert