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Insurance Defense
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Construction Litigation
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Professional Liability
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Arbitration & Settlement Counsel
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Mr. Clary has provided legal services in defense of liability claims for the insurance, design professional, and business community since 1980. His areas of expertise include professional liability (architects, engineers, and accountants), construction litigation, major automobile liability, professional liability insurance, and business litigation. His practice places emphasis on early intervention and resolution of disputes and contract formation and analysis. Mr. Clary is admitted to all the bars of the federal courts sitting in Louisiana and practices throughout Louisiana. 95% of his practice is devoted to construction law matters; 85% representing architects/engineers/designers, 10% representing owners/developers/public agencies. Practice involves public and private projects, including commercial, residential, heavy/highway, industrial, and institutional. Projects range in value from $5,000 to multi-millions. Provided legal services in defense of liability of claims for the insurance, design professional, and business community since 1980. Areas of expertise includes professional liability (architects, engineers), construction litigation, professional liability insurance, and business litigation. Practice places emphasis on early intervention and resolution of disputes and contract formation and analysis. Alternative Dispute Resolution Experience Served as counsel on over 200 professional liability, construction litigation, and personal injury cases using ADR. Served as arbitrator or mediator in approximately 20 disputes. Alternative Dispute Resolution Training AAA Arbitration Roadmap: The Standard for Efficient and Cost Effective Arbitration, 2008; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006; ACE004 - Practical Tips for Dealing with Delay Tactics of Parties and Advocates, New Orleans, 3/05; ACE001 - Arbitration Awards: Safeguarding, Deciding & Writing Awards, New Orleans, 9/04; Arbitrator Update 2003, New Orleans, 12/03; AAA Commercial Arbitrator II Training, New Orleans, 11/02; AAA Arbitrator I Training-Fundamentals of the Arbitration Process, Atlanta, 1/02; negotiation training, Lafayette, 11/95.
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Louisiana State University (B.S. - Psychology)1975 Louisiana State University, Juris Doctorate, 1979
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Admitted to Louisiana Bar, 1979
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American Bar Association (Litigation Section, Construction Litigation Committee, Professional Liability Subcommittee; Torts and Insurance Practice Section; Forum on the Construction Industry; Professionals', Officers', and Directors' Liability Law Committee; Business Tort Committee); American Institute of Architects; Louisiana Association of Defense Counsel; Baton Rouge Bar Association (Law Office Expo, Past Chair; Law Day Committee, Past Chair; Civil Court Liaison Sub Committee, Past Chair).
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Alliance for Responsible Transportation- Founding Member; Bayou Manchac Task Force; The Dunham School Pawbacker Board 2000-2003, Vice President, 2002; President 2003; Acacia Fraternity, Former House Corporation Member; River Community Church, Prairieville, LA
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“Integrated Project Delivery: Design Future or Fantasy,” Trahan Architects, November 6, 2008; “Move to Integrated Project Delivery and the 2007 AIA Contracts Documents,” AIA Louisiana Design Conference - New Orleans, Louisiana, September 19, 2008; “Representing the Architect and Insurer,” Litigating the Multi-Party Construction Defect Case – LSU Law Center, September 21, 2007; “Disaster Planning – Katrina Experience,” Pasadena Bar Association – Pasadena, California, September 21, 2006; “AIA Contracts,” Lorman Education Services, April 18, 2006; "Recent Developments in Design Professional Liability Including Peremption and Prescription Period Issues," Alexander & Sanders - 2005 Loss Prevention/Risk Management Seminar, May 12, 2005; "Legal Aftermath of Hurricanes Katrina and Rita: Hot Tips for Louisiana Practitioners," Hurricanes' Impact on Design Professionals and Survey of Louisiana, 2005 Extraordinary Legislative Session Action on Construction, November 22, 2005; "Representing the Design Professional," Construction Law in Louisiana - LSU Law Center, October 29, 2004; "Toxic Mold and Mildew Litigation," LTLA Exceptional Damages Conference, Sept. 20, 2002; "Mold: Legal Issues," May 30, 2002; panelist, "AIA A201 General Conditions," Construction Specifications Institute, Baton Rouge, May 14, 2002; "Mold in 30 Minutes," Toxic Mold DPIC Panel Counsel Meeting, April 12, 2002; "Bayou Manchac - The Politics of Flooding," Sunrise Rotary, Sept. 27, 2001; "Professional Liability - Avoiding Lawsuits," Louisiana Society of Professional Surveyors 2001 Convention, May 18, 2001; speaker, "An Introduction to Professional Liability/Risk Management-Dangerous Verbiage In Letters, Reports, and Contracts," JACOBS ENGINEERING, Dec. 9, 1999; guest speaker, "Professional Liability Basics," and "Professional Liability Insurance," Louisiana Engineering Society, Continuing Education, Sept. 10, 1999; guest speaker, "Professional Liability Basics" and "Review of Selected Surveying Statutes," 38th Annual Convention, Louisiana Society of Professional Surveyors, May 6, 1999; speaker, 1999 Louisiana Transportation Engineer Conference, Feb. 22-24, 1999; guest speaker, "Legal Horror Stories and How Not to Be One," 2nd Louisiana Engineering Society Conference, Feb. 6, 1998; guest speaker, Louisiana Engineering Society Conference, September 28, 1995; guest speaker, Professional Liability Seminar, Alexander & Sander Insurance Agency, Inc., Jan. 14, 1987.
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"Collateral Source Rule," Around The Bar, Baton Rouge Bar Association "Insurance For Your Law Office," Around The Bar, Baton Rouge Bar Association "Update on Employee Negligence," Around The Bar, Baton Rouge Bar Association "Glass Ceiling for Women Attorneys in Baton Rouge," Around The Bar, Baton Rouge Bar Association "Private Investigators: Eyes and Ears," Around The Bar, Baton Rouge Bar Association
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