Michael H. Rubin is a member in the firm's Baton Rouge office.
Recognized for the depth of his knowledge about both business litigation and commercial financing, Mike has served as President of both the U.S. Federal Fifth Circuit Bar Association and the American College of Real Estate Lawyers, and for more than three decades has taught the course on Louisiana finance and real estate at the LSU Law School and other law schools throughout the state. His numerous law review articles and publications on real estate and finance have been cited as authoritative by state and federal courts, including the U.S. Fifth Circuit and the U.S. First Circuit. Mike is one of only fifty U.S. attorneys elected to the Anglo-American Real Property Institute and is one of only four voting Board members. He is active in the ABA's Real Property Section, the American Law Institute and is a member of numerous other business organizations, including the American College of Appellate Lawyers and the American College of Commercial Finance Attorneys.
Known for appellate advocacy, Mike has argued major cases before numerous state and federal appellate courts (including the U.S. Fifth, and Seventh, and D.C. Circuit Courts of Appeal, and the Louisiana Supreme Court, and numerous state intermediate appellate courts) on matters such as: constitutional law; labor law; legal ethics; local governmental zoning affecting private interests; property and contractual issues; oil and gas matters affecting the entire Gulf region; taxation; education issues; and matters of critical importance to the Louisiana lending community. Mike is a past president of the U.S. Fifth Circuit Bar Association, and currently serves on its Board of Directors, and is a member of the American Academy of Appellate Lawyers, and has served as a member of the Fifth Circuit Rules Committee. Trials he has handled have included ground-breaking cases in the area of Louisiana finance and secured lending; major multi-million dollar commercial cases involving contract disputes, construction issues, and commercial transactions; trials of national importance concerning federal voting rights, bankruptcy, environmental law and constitutional issues.
Mike is regularly retained by governmental agencies in connection with major constitutional and educational matters affecting the state. He has successfully handled matters concerning the constitutional financing of education in Louisiana, the ability of the Louisiana Supreme Court to pass rules and regulations affecting the practice of law, and litigation that sought to undermine state statutes and contracts relating to gaming.
Elected and Appointed Offices
Mike has served as president of: the American College of Real Estate Lawyers (2007); the Louisiana State Bar Association (2001-2002); the Southern Conference of Bar Presidents (2001-2002); the Bar Association of the United States Court of Appeals, Fifth Circuit (1998-2000); the Baton Rouge Bar Association (1986-1987); the Baton Rouge Bar Foundation (1987); and the Baton Rouge Property Lawyers Group (1982).
Mike has served as chair of: ABA Real Property Section's Ethics Committee (2008-present); the Louisiana State Bar Hurricane Relief Committee (2006); as well as the Civil Justice Reform Act Committee of the Federal District Court for the Middle District of Louisiana; the Advisory Committee on the Uniform Local Rules of the Federal District Courts in Louisiana; and the Louisiana Bank Counsel Committee, Louisiana Banker's Association.
Mike has served as a Board Member of: the American College of Real Estate Lawyers; the Bar Association of the U.S. Fifth Circuit Court of Appeals; the Anglo-American Real Property Institute; the National Conference of Bar Presidents; the American College of Real Estate Lawyers Charitable Foundation; the Louisiana Bar Foundation; and the LSU Law Center National Board of Trustees.
Mike has been appointed and elected to serve as a member of: the American Academy of Appellate Lawyers; the American Law Institute; the American College of Mortgage Attorneys; the Anglo-American Real Property Institute; the American College of Commercial Finance Lawyers (1997-present); the American Bar Association (1975-present; House of Delegates, 2000-2002); the Louisiana Law Institute (advisory member for various committees, 1979-present); the Louisiana Sec. of State's Commission on Corporations, Advisory Committee; the ABA Section Officers Conference on Ethics and Professionalism; the U.S. Fifth Circuit Rules Committee (1999-2000); the Louisiana Supreme Court Committee on Judicial Ethics (1999-2002); and the Louisiana Supreme Court Mandatory Continuing Legal Education Committee (1987-1995).
Mike has served as an editor of a number of legal journals, including the ABA Section on Litigation Appellate Practice and Update Journal (Update Editor), the Louisiana Bar Journal, and Louisiana Law Review (Articles Editor).
- “The Distinguished Attorney of Louisiana,” Louisiana Bar Foundation (2012)
- “Distinguished Alumnus of the LSU Law School,” (2007)
- The Best Lawyers in America® (Appellate Law, Bet-the-Company Litigation, Commercial Litigation, Litigation - Banking & Finance) (more than 10 Years)
- Baton Rouge Bet-the-Company Litigation "Lawyer of the Year," Best Lawyers in America®, 2010, 2014, 2015
- Baton Rouge Banking and Finance "Lawyer of the Year," Best Lawyers in America®, 2009, 2014, 2016
- Chambers Louisiana / Banking & Finance
- Martindale-Hubbell™ AV Preeminent® Peer Review Rated Lawyer
- Louisiana Super Lawyers (Appellate, Business Litigation, Real Estate), 2007–2016
- Louisiana Commissioner to the National Conference of Commissioners on Uniform State Laws (2010–present)
- Selected in 2013 as a Top Rated Lawyer in banking and finance by American Lawyer Media and Martindale-Hubbell™
- National Burton Award winner, presented at the Library of Congress by the Burton Foundation for outstanding legal writing
- Stephen Victory Award presented by the Louisiana State Bar Association for outstanding legal writing
- Bernard Caillouet Award, for life-time achievement in law-related education
- Gold Medal from the Atlanta-based Foundation for Improvement of Justice for work simplifying the law and making legal services available to the poor
Mike has presented over 400 papers throughout the U.S., as well as in Canada and the U.K., and is in high demand as a public speaker. His presentations combine an informal style with scholarship, thought-provoking comments, and humor. He employs a unique multi-media presentation.
Mike is a prolific writer. In addition to his legal books and the more than 40 periodicals he has authored, he is also a novelist. His legal thriller, “The Cottoncrest Curse,” was released nationally in September, 2014 by the award-winning LSU Press. Publishers Weekly calls it a “gripping debut mystery.”
Publications – Legal Books
- “Louisiana Security Devices: Cases and Materials,” 1st-23rd Editions (2014), author (522 pages, used in the law schools at LSU and Southern University, and Loyola, New Orleans)
- “Louisiana Security Devices: A Précis,” LexisNexis (2011), author
- “Institute on Mineral Law, 56th Annual Edition” (2009), Claitor's Publishing (section author)
- “In Our Own Words: Reflections on Professionalism,” Louisiana Bar Foundation Press, 1999 (chapter author)
- “Louisiana Civil Trial Procedure, American Inns of Court Series,” Lawyers Cooperative Publishing Co., 1997 (section author)
- “Louisiana Environmental Handbook,” Lawyers Cooperative Publishing Co., 1992 (co-writer, chapter 25: "Lender Liability")
- “The Law of Distressed Real Estate,” Clark Boardman & Co., 1991 (section author: "Louisiana Law in Dunaway")
- “Louisiana Appellate Practice Handbook,” Lawyers Co-Operative Publishing Company, 1986 (co-author and editorial board member)
- “Louisiana Civil Procedure Forms,” West Publishing Co., 1975-1984 (co-author-pocket parts)
Publications - Most Recent Legal Articles
- "Why Real Estate Contracts Aren't Novels But Should Be More Like Them," Probate & Property (ABA Real Property, Trust and Estate Law Section) (January/February 2016)
- "Ruminations on the Louisiana Law of Pledge," 75 La. Law Review 697 (2015)
- "What Lawyer-Novelists Learned From Being Lawyers," Law360 (December 11, 2014)
- "What Transactional Lawyers Can Learn From Novelists," Law360 (November 4, 2014)
- "What Litigators Can Learn From Novelists," Law360 (October 17, 2014)
- “Keep Your Audience from Checking Email: 5 Legal Talk Tips,” (April 11, 2014)
- “The Social Media Thicket: Surviving and Thriving in the Tangled Thorny Issues,” 62 Probate & Property (ABA Real Property Section) (July 2012)
- “The Social Media Thicket for Mississippi Lawyers: Surviving And Thriving In An Ethical Tangled Web,” 31 Mississippi College Law Review 281 (2012)
- “How to Teach Ethics in Law School,” National Law Journal (June 2011)
- “Deficiency Judgments: A Louisiana Overview,” Michael H. Rubin and Jamie Seymour, 69 La.L.Rev. 783 (2009)
- “The Intersection of Conflicts of Interest and Imputation of Knowledge,” 22 ABA Probate and Property 53 (November 2008)
- “The Ethical Utah Lawyer: What Are the Limits in Negotiation?” 21 Utah B. Journal 15 (2008)
- "The Ethical Negotiator: Ethical Dilemmas, Unhappy Clients, and Angry Third Parties," 26 The Construction Lawyer 12 (2006) (monthly magazine published by the ABA's Forum on the Construction Industry)
- "Lessons Learned (the Hard Way) By Lawyers During Hurricanes Katrina and Rita," by Michael H. Rubin and Beth E. Abramson, 10 Probate and Property 25 (2006) (a monthly magazine published by the ABA Real Property and Probate Section)
- "Louisiana State Court Summary Judgments: What to Do When There are Mixed Questions of Law and Fact and When There Are Expert Affidavits," 52 Louisiana Bar Journal 346 (2005)
- "Labor Negotiations: Do Any Rules of Ethics of Professionalism Really Apply?" ALI-ABA, Employment and Labor Relations Law for the Corporate Counsel and the General Practitioner (April 11, 2013)
- "Breaching the Protective Privity Wall: Expanding Notions of Real Estate Lawyers' Liability to Non-clients," ALI-ABA, The ACREL Papers (2002)
- "From Screens and Walls to Screams and Wails: a Selective Look at Screening Among the Various Ethics Rules and Cases and a Consideration of Some Unanswered Questions," ALI-ABA, The ACREL Papers; republished in "Advanced Commercial Leasing Institute," (2002)