Paul J. Hebert
Mr. Hebert attended the Paul M. Hebert Law Center, Baton Rouge, Louisiana, from which he graduated with a Juris Doctorate degree in 1975. He was a member of the Moot Court Board, L.S.U. Law School, 1974. Mr. Hebert received his Bachelor of Arts degree from the University of Southwestern Louisiana, Lafayette, Louisiana, in 1972.
His professional practice involves the handling of serious business litigation, oil and gas environmental litigation, health care corporate matters, personal injury, general civil trial and appellate litigation, commercial business transactions, legal ethics and professional conduct.
Mr. Hebert and the law firm are general counsel for several commercial businesses, including two financial institutions (banks and savings and loans) and serve as general counsel for several large real estate developments in the Lafayette and Acadiana area. Mr. Hebert’s experience in litigation over the past 40 years is reflected in several notable cases, which have been reported in the Louisiana Supreme Court, Louisiana Courts of Appeal, and several Federal Courts. These matters involve corporate stockholder disputes, tradename and trademark, lender liability, ERISA and health care issues, personal injury and insurance defense claims, real estate, environmental claims, and professional conduct and disciplinary proceedings.
Mr. Hebert has been actively involved in environmental litigation since the late 1980’s, when he represented several land owners and private oil and gas jobbers relative to litigation filed by the Department of Environmental Quality regarding oil and gas spills/contamination. Later, Mr. Hebert became involved in complex oil and gas environmental cases, in both State and Federal Courts, relative to claims by property owners against oil companies and/or operators, past and present, for clean up and remediation costs on damages associated with property subject to exploration and production activity, often referred to as “legacy” cases.
Over the past twenty-four (24) years, Mr. Hebert has represented attorneys and/or judges relative to legal ethics questions and disciplinary proceedings. He is a founding member of the Louisiana Rules of Professional Conduct Committee. Mr. Hebert provides ethics opinions and advice to numerous law firms throughout the state of Louisiana and to out of state lawyers and law firms.
On May 29, 2014 Mr. Hebert was appointed Special Master by U.S. District Court, the Honorable Brian A. Jackson for the Middle District of Louisiana, in Elzie Ball, et al. v. James M. LeBlanc, et al.and continues to serve in that capacity overseeing the installation and monitoring of the Heat Remediation Plans and conditions in the Louisiana State Penitentiary death row tiers.
Mr. Hebert is admitted to practice in the Fifteenth Judicial District Bar Association; Fifth Circuit Bar Association – Federal, and in all State and Federal Courts in Louisiana, the U.S. Fifth Circuit Court of Appeal, and the U.S. Supreme Court.
Mr. Hebert is a member of the Louisiana State Bar Association; Association of Trial Lawyers of America; Louisiana Trial Lawyers Association; Louisiana Defense Counsel; and Louisiana State Bar Association, Rules of Professional Conduct Committee (2007-2018).
Mr. Hebert’s Professional Recognitions are: AV rated by Martindale Hubbell; Certified in Civil Practice Advocacy by the National Board of Trial Advocacy (December 1995 to present); he is included in Super Lawyers listing (2007-2018).
His past Bar Association activities include: Member, Louisiana State Bar Association; Member and Past President, Fifteenth Judicial District and Vermilion Parish Bar Association; Member, American Bar Association (1979-1994); Member, Louisiana State Bar Association “American Citizenship” committee (1975-77); Chairman, Disaster Relief Committee, Young Lawyers Section, Louisiana State Bar Association (1977-79); Fourth Board District Council Member, Young Lawyers Section, Louisiana State Bar Association (1980-81); District Representative, American Bar Association, Young Lawyers Division Executive Council (1982-84); Chairman, Young Lawyers Section, Louisiana State Bar Association (1983-84); Member, Louisiana State Bar Association, Legal Aid Committee (1983-85); Executive Committee Member, Crime Victims Services Committee, American Bar Association, Young Lawyers Division (1985-86); Member, Continuing Legal Education Committee of the Louisiana State Bar Association (1986-88).
Presentations
Presenter, Panelist – “Civil Damages Lawsuits by Victims of Child Sexual Abuse” at the Fourth National Conference on the Sexual Victimization of Children; sponsored by Children’s Hospital National Medical Center; New Orleans, Louisiana, May 1986; Panelist, Mock Case – Panel Discussion.
“What Makes a Good Investigation” at Today’s Secret, Tomorrow’s Tragedy Program, co-sponsored by Family Life Ministry, Diocese of Lafayette, Iberia Parish Rape Crisis Center, and the New Iberia Chapter of Louisiana Council on Child Abuse; New Iberia, Louisiana, March, 1987.
Presenter, Panelist – Civil Liability in Child Abuse Cases, “A Case Study Involving Child Abuse by Catholic Priest and Institutional Liability” at the American Bar Association’s 1987 Annual Meeting, sponsored by The American Bar Association, Young Lawyers Division Child Advocacy and Protection Committee and The National Legal Resource Center for Child Advocacy and Protection; San Francisco, California, August 1987.
Panelist – Recent Developments Seminar – “Lawyers and Judges”, San Destin and San Destin Revisited; June 1988; October 1988.
Presenter/Moderator – “Environmental Law in Louisiana” Seminar, sponsored by the American Bar Association; Shreveport, Louisiana on November 29, 1990; Baton Rouge, Louisiana on April 19, 1991.
Presenter – “Environmental Law” Seminar sponsored by the Louisiana State Bar Association, Walt Disney World, Florida, August 4, 1991.
Presenter – “Living Will” Seminar, Abbeville General Hospital, Abbeville, Louisiana, October 16, 1991, on behalf of Vermilion Parish Medical Society.
Presenter – “Child Sexual Abuse – Civil Litigation”, Cypress Hospital, Lafayette, Louisiana, January 29, 1992.
Presenter – “Sexual Molestation Torts”, Program on Continuing Legal Education sponsored by Louisiana State Bar Association, October 26, 1993, Asheville, North Carolina.
Presenter – “Keys to Success in Real Estate Transactions in Louisiana” (including one hour Ethics presentation) sponsored by National Business Institute, July 9, 1996, Lafayette, Louisiana.
Presenter – Panelist, 15th Judicial District “Bench Bar Conference”, October 12 & 13, 2000, St. Francisville, Louisiana.
Presenter – Lafayette Association of Petroleum Landmen (Ethics), Lafayette, Louisiana, October 19, 2001.
Presenter – Fortis Health Outside Counsel Conference, Milwaukee, Wisconsin, November 8 & 9, 2001.
Presenter – Managing Attorney-Client Privilege and Work Product, Lafayette, Louisiana, June 18, 2002, National Business Institute.
Presenter – Ethics & Professionalism presented at the General Membership Meeting of the Lafayette Bar Association, Lafayette, Louisiana, April 30, 2003.
Presenter – Ethics presented to the John M. Duhe’ Inns of Court, Lafayette, Louisiana, May 8, 2000.
Presenter – Ethics and Professional Responsibility presented to the Paula K. Woodruff Family Law Section of the Lafayette Bar Association (Ethics & Professionalism), Lafayette, Louisiana, May 13, 2003.
Presenter – Professionalism in Discovery Tactics sponsored by Louisiana Attorney Disciplinary Board (Professionalism) in Kenner, LA, July 13, 2004, in Lafayette, LA, September 14, 2004 and in Monroe, LA, October 5, 2004.
Presenter – Professionalism presented at the 6th Annual Law School Professionalism Orientation, sponsored by Louisiana State Bar Association, August 13, 2005.
Presenter – Ethics presented to the Litigating the Multi-Party Construction Defect Case seminar sponsored by LSU Law Center and co-sponsored by the LSBA Section, Baton Rouge, LA, September 21, 2007.
Presenter – Professionalism presented to the 9th Annual Diocese of Lafayette Estate Planning Continuing Education Seminar, Lafayette, LA, December 6, 2007.
Presenter – Act 312 of 2006 new environmental regulatory statute presented to Lafayette Association of Professional Landmen, Lafayette, LA, May 16, 2008.
Presenter – Ethics presented to the Louisiana State Bar Association, “Ethics: What Does It Mean In Real Time” New York NY, November 25, 2008.
Presenter – Ethics presented to the 10th Annual Diocese of Lafayette Estate Planning Continuing Education Seminar, Lafayette, LA, December 4, 2008.
Presenter – Ethics presented to the Lafayette Bar Association CLE By The Hour, Lafayette, LA, December 22, 2008.
Presenter – Ethics presented to Solo Practitioners and Small Firms on Trust Accounting sponsored by the Louisiana State Bar Association & the Louisiana Attorney Disciplinary Board, August 2009.
Presenter – Professionalism presented at LSU for the LSU 2009 Recent Developments in Legislation & Jurisprudence, Baton Rouge, LA, September 2009.
Presenter – Professionalism presented at the LSU 2009 Recent Developments in Legislation & Jurisprudence, Lake Charles, LA, October 2009.
Presenter – Ethics presented to the Lafayette Bar Association CLE By The Hour. Lafayette, LA, December 17, 2009.
Presenter – Ethics presented to the Louisiana Parish Attorney’s Association, 2010 Annual Conference MCLE, Lake Charles, LA, February 26, 2010.
Presenter – Ethics presented to the LSU Construction Law Seminar in Baton Rouge, LA, September 24, 2010.
Presenter – Ethics presented to the LSU 2010 Recent Developments in Legislation & Jurisprudence Seminar in Lafayette, LA, October 22, 2010.
Presenter – Ethics presented to the 11th Annual Diocese of Lafayette Estate Planning Continuing Education Seminar in Lafayette, LA, December 2, 2010.
Presenter – Ethics presented to the Lafayette Bar Association CLE By The Hour, Lafayette, LA, November 22, 2011.
Presenter – Ethics presented to the Lafayette Bar Association CLE By The Hour, Lafayette, LA, December 27, 2012.
Presenter – Ethics presented to the Louisiana State Bar Association Mineral Law Seminar, New Orleans, LA, April 19, 2013.
Presenter – Ethics presented to the Louisiana State Bar Association Energy and Environmental Law Summit, New Orleans, LA, November 2014.
Presenter – Ethics presented to the Louisiana State Bar Association Energy and Environmental Law Summit, New Orleans, LA, October 2015.
Presenter – Ethics presented to the Lafayette Bar Association CLE By The Hour, Lafayette, LA, December 18, 2015.
Presenter – Ethics presented at the Dirty Litigation Tactics: How to Deal with the “Rambo” Litigator Seminar sponsored by National Business Institute in Lafayette, LA, April 14, 2016.
Presenter – Ethics presented to the Lafayette Paralegal Association, Lafayette, LA, August 25, 2016.
Presenter – Ethics presented to the Lafayette Bar Association CLE By The Hour, Lafayette, LA, December 22, 2016.
Presenter – Judicial Conduct and Ethics & Judicial Canon presented at the seminar sponsored by the 16th Judicial District Attorney’s Office, Jeanerette, LA, June 4, 2018.
Expert Witness Appearances
Retained and deposed as an Expert Witness for plaintiff in Kina Williams v. Civil Construction Company and Environmental Services, Inc., 14th Judicial District Court, No. 96-5695, c/w 97-7155 and 97-7226, Div. “E”, Calcasieu Parish of Louisiana, November 2001. Commercial Business Transaction – Attorney Malpractice. Case settled in favor of plaintiff.
Qualified and accepted as an Expert Witness for defendant in attorney malpractice claim in Duhon, et al v. Duhon, et al, 15th Judicial District Court, No. 98-1104-B, Lafayette Parish of Louisiana, August 2002. Legal malpractice claims; trial by jury – verdict for defendant.
Retained and deposed as an Expert in proceedings entitled Noble Energy, Inc. vs. The Prospective Investment and Trading Company, Ltd., Case No. 05-1807, United States District Court, Western District of Louisiana, November 2005. Case settled. Mr. Hebert was presented as Expert Attorney in field of defense of environmental remediation cases involving oilfield sites.
Confidential Proceeding, dispute between major and mid-major oil E&P companies in Dallas, Texas relative to valuation of oilfield legacy remediation claims. Mr. Hebert was submitted as an Expert in the area of legacy litigation and evaluation of claims. Case settled 2010.
Qualified and accepted as an Expert witness in the defense of legacy lawsuits, the evaluation of legacy lawsuits for the purposes of settlement, and determining the reasonableness of settlement and attorney fees in legacy lawsuits by Federal District Judge James M. Trimble in Noble Energy, Inc. v. The Prospective Investment and Trading Company, Ltd.,Docket No.: 2:09-cv-00748, United States District Court, Western District of Louisiana. April 2012. Provided opinion of reasonableness of settlement and reasonable attorney fees.
Expert Opinion (Confidential) on behalf of defendants, BP America Production Company, BP Exploration & Production, Inc. and BP Products North America, Inc., in proceedings entitled ConocoPhillips Company v. BP America Production Company, et al.,Cause No. 2012-32539, 234th Judicial District Court, Harris County, Texas. October 22, 2014/February 10, 2015. Case settled. Mr. Hebert was presented as an expert on the reasonableness of settlement and the reasonableness of attorney fees.
Retained and deposed as an Expert for defendant, Texas Petroleum Investment Company, in proceedings entitled ConocoPhillips v. Texas Petroleum Investment Company, Cause No. 2011-46437, 113th Judicial District Court, Harris County, Texas. February 2015. Case settled. Mr. Hebert was presented as an expert on the reasonableness of settlement.
Mr. Hebert provided an Expert Affidavit on behalf of Liskow & Lewis law firm regarding Motion to Disqualify law firm for hearing on April 1, 2016before Honorable Judge Clare Jupiter in proceedings entitled Herman, Herman, Katz & Cotlar, L.L.P. vs. Sidney A. Cotlar, A.P.L.C. and Sidney A. Cotlar vs. Herman, Herman & Katz, L.L.P.,Docket No. 12-4321, Div. “E,” Civil District Court for the Parish of Orleans, State of Louisiana.
Expert Opinion for plaintiffs in proceedings entitled Travelers Property Casualty Company of America and St. Paul Fire & Marine Insurance Company vs. Brian C. Bossier, et al.,Docket No. 2:14-CV-02176-SM-MBN, Section E, Division 5, U.S. District Court for the Eastern District of Louisiana. April 8, 2016. Case settled.
Expert Opinion (Confidential) for Alpine Exploration Companies, Inc. (“Alpine”) in connection with indemnity claim by McFarland Energy, Inc. against Alpine arising from legacy lawsuit filed against Chevron U.S.A. Inc., McFarland Energy, Inc. and others in proceedings entitled Sterling Sugars, Inc. v. BP America Production Company, et al.,Docket No.: 113,095, 16th Judicial District Court, Parish of St. Mary, Louisiana. July 12, 2016. Presented opinions as an expert on the reasonableness of the allocation of settlement amount and the reasonableness of attorney fees and costs.
Retained and deposed as an Expert on behalf of Plaintiffs/Counter-Defendants in proceedings entitled Bedivere Insurance Company, et al., Plaintiffs v. Maxus Energy Corporation, Defendant, Counter-Claimant and Third Party Plaintiff v. Bedivere Insurance Company, et al., Counter-Defendants, and Westport Insurance Corporation, et al., Third-Party Defendants,Cause No. 2016-04112, in the District Court of Harris County, Texas, 157th Judicial District Court. December 2017. Case settled. Mr. Hebert was presented as an expert in reasonableness of the fees and costs incurred in the defense of a legacy lawsuit in Cameron Parish, Louisiana.
Reported Decisions
Bruce v. Rogers Oil Tool Services, Inc.,556 So.2d 922, (La.App. 3 Cir. February 07, 1990)
Greene v. Gulf Coast Bank, 593 So.2d 630, (La. January 17, 1992)
LeBlanc v. Thibodeaux, 615 So.2d 295, (La. February 22, 1993)
Cree Oil Co. v. Home Ins. Co.,653 So.2d 620, (La.App. 3 Cir. March 08, 1995)
Gulf Coast Bank v. Gulf Coast Bank & Trust Co.,652 So.2d 1306, (La. April 10, 1995)
White v. Broussard, 720 So.2d 392, (La.App. 3 Cir. October 07, 1998)
Tally v. Blue Cross Blue Shield of Louisiana, 760 So.2d 1193,1196 (La. Ct. App), writ denied, 766 So.2d 1278 (La. 08/31/00)
Warren v. Southern Energy Homes, Inc.,771 So.2d 214, (La.App. 3 Cir. October 04, 2000)
Corbello et al v. Iowa Production, 2002-0826 (La. 2003), 850 So.2d 686
Hazelwood Farms, Inc. v. Liberty oil and Gas Corp., et al, 2002-0266 (La.App. 3 Cir. 4/2/03), 844 So.2d 380, writ denied2003-1585 (La. 10/31/03), 857 So.2d 476 and writ denied2003-1624 (La. 10/31/03), 857 So.2d 476
Prejean v. River Ranch, LLC, 856 So.2d 1251, (La.App. 3 Cir. October 01, 2003)
Mixon v. Iberia Surgical, L.L.C.,956 So.2d 76, (La.App. 3 Cir. April 18, 2007)
Bernard v. BP America Production Co., 981 So.2d 74 (La.App. 3 Cir. April 02, 2008)
Wootan & Saunders, A Professional Corporation v. Glenn E. Diaz,No.2017-0820 (La.App. 4 Cir. 3/28/18)