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Jonathan C. “Jay” Augustine: A Litigator at Heart Who Believes Community Involvement Is as Important as Winning Cases [By Kenneth Davis] Successful labor and employment litigator Jay Augustine said that two key factors contributed to his decision to enter the legal profession. One was the social exposure he received from his mother, who was a social studies teacher, and the other was his environment.
“I grew up in the South,” he said. “I’m a
“My childhood dreams were fulfilled,” he
who brought a claim against the state of
native of New Orleans, and I’m an African
laughed.
Louisiana. As special counsel, Augustine worked with a team of lawyers and won a
American. I saw an obvious need for civil
favorable verdict for his client in 2005.
rights, an obvious need for those who cared
At Montgomery Barnett, Augustine’s
and cared enough to take up the cause
practice focuses on labor and employment
of civil rights to be involved in the legal
law, commercial litigation, and civil
“It was a huge, huge case,” he said. “And we
process, and that’s obviously where rights
service compliance. He has successfully
prevailed at trial on this matter; it’s a matter
are protected. So my childhood heroes were
represented private, public, and individual
in which I take immense pride.”
attorneys-Thurgood Marshall, moving on to
clients in trial and appellate court matters. Last year, he represented some members
become a justice of the Supreme Court and a gentleman named Ernest Morial, who was a
He recently defended the City of Baker, a
of the state legislature who brought a
phenomenal civil rights attorney who went on
municipality in East Baton Rouge Parish, in
claim against the former secretary of state
to become the first African American mayor
a Fair Labor Standards Act case brought by
of Louisiana under the Louisiana Public
of New Orleans.”
a class of 30 firefighters. Augustine, who
Records Law requesting the release of
was lead defense counsel in the case, won
the list of voters who were displaced by
However, becoming an attorney was not
a summary judgment on the city’s behalf in
Hurricane Katrina in anticipation of the 2006
Augustine’s only professional goal. He also
2004.
New Orleans municipal elections.
aspired to become an Army officer as a result of watching the TV show F Troop as a
Augustine discussed one of the strategies
“We weren’t seeking any private
child, he said.
that helped him win the case:
information…no social security numbers,
And Augustine has achieved both of these
“One of the things that I do […] is serve on
received,” Augustine said. “We merely were
goals in stellar fashion. He served on
the faculty of the National Institute for Trial
seeking their whereabouts and means to
active duty in the U.S. Army for four years,
Advocacy, where I teach deposition skills,
correspond with them.”
earning decorations as an infantry officer
and that’s very important,” he said. “So from
and leaving service as a first lieutenant.
following those same techniques that I teach
He said he was ultimately unsuccessful in
He’s currently a partner in the Baton Rouge
other lawyers, I was able to ask the right
the case but that taking it was the right thing
office of prominent New Orleans-based law
questions in discovery and during, obviously,
to do because it brought about the right
firm Montgomery, Barnett, Brown, Read,
a lot of depositions that I had to take. So
amount of public involvement regarding the
Hammond & Mintz, where he has a thriving
that’s something I’m very, very proud of.”
displacement of individuals-and the lack of
not how much FEMA assistance anyone
continuity and lack of ability to communicate
labor and employment law litigation practice. In addition to maintaining his primary
In another notable case, Augustine was
with those individuals-in the wake of
practice at Montgomery Barnett, Augustine
appointed by the Louisiana Department of
Hurricane Katrina.
serves as General Counsel to the City of
Justice to defend the state’s interest in a
Baton Rouge/Parish of East Baton Rouge
multimillion-dollar damages case. The
Augustine discussed what he enjoys most
Personnel Board.
case involved a California-based insurer
about his job:
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“I enjoy going to court more than anything
gave me a realistic perspective from the
client relationships I have as well as foster
else,” he said. “I’m a litigator at heart. I’m
bench’s view-a realistic view of what
new relationships.”
a very good writer, so I’m very proud of the
judges or justices are looking for in terms
productive time I spend at the desk. But I’m
of written briefs, oral arguments, or cases
“And part of that is being very civically
not a desk lawyer by any shape or form. I
that can go either way. It gives you a great
involved,” he said. “I’m very, very involved
enjoy the discovery process; I enjoy taking
idea from the inside; it gives you inside
in the community. And that’s something I’m
depositions because I enjoy interacting with
perspective that I think can only help your
very proud of.”
people. If it has to do with litigation, I’m
practice. Also, I might add, from a writer’s
happy.”
perspective, as a law clerk, I saw some
Augustine also makes time for academic
of the absolute best briefs, and I saw the
pursuits and has published four law review
Augustine received a fully funded U.S.
absolute worst; and I tried to take that
articles and two bar journal articles.
Army ROTC scholarship to attend Howard
experience and learn from it. Obviously
University in Washington, DC, where he
you learn from the absolute best, as you
He had the following advice for law students
studied economics as an undergrad. After
obviously learn from the absolute worst.”
and young lawyers:
received a commission as an active duty
Following his clerkship, Augustine joined
“I would advise any lawyer, especially young
infantry officer. Augustine served on active
a firm in Baton Rouge, where he practiced
lawyers attempting to make a name for
duty from 1994 to 1998 and left the service
employment law and commercial litigation as
themselves, to spend the extra time to be
as a first lieutenant when his scholarship
an associate. He left the firm in 2005 to open
civically involved, to be politically involved
service was complete. He said his former
his own practice, The Augustine Firm, APLC.
in the community, because it tends to pay
unit, 1-22 Infantry, is the unit that captured
Augustine served as Managing Director
dividends, I find, in the amount of clients you
Saddam Hussein.
of the firm, where he said he “did some of
can represent. And for law students, I would
everything,” but the practice was primarily
really suggest pushing yourselves, exhausting
“When I was there, however, I was a
employment law and commercial litigation.
yourselves as best you can to develop as many
platoon leader in X4XXI, or the U.S. Army’s
Augustine also did human resource
talents as you can while in school.”
Experimental Force for the 21st Century,” he
consulting work at the firm. He said that
said. “I field-tested all the then-new digital
although the practice was very successful,
Augustine was born and raised in New
equipment being used in Iraq and other
he decided to join Montgomery Barnett as a
Orleans. He said his mother, Jeanne C.
anti-terrorism hot spots. The bulk of my
partner in 2006.
Augustine, had a very positive influence on
earning his economics degree in 1994, he
daily duties, therefore, focused on field-
him when he was growing up.
training soldiers and testing the equipment
“Montgomery Barnett was a wonderful
the U.S. Military currently uses in combat
opportunity for me, so I seized it,” he said.
“She taught high school social studies for
operations.”
“I was blessed with success and had a very
37 years,” he said. “I proudly credit her
positive book of business, and I was able
with my broad social exposure at an early
After completing his service, Augustine
to bring something tangible to the table at
age. “My mother sacrificed on a public
entered Tulane Law School. During his
Montgomery Barnett, which is why the offer
school teacher’s salary-in a state that has
third year at Tulane, he successfully argued
was extended to me to join as a partner.”
not historically prioritized education-to
before the Louisiana Supreme Court and won the Tulane Moot Court Competition.
send myself and my older sister, Deborah, In addition to maintaining his practice
to Catholic schools in New Orleans. She
and tending to his general counsel duties,
wanted us to have the best educational
Augustine earned his law degree from
Augustine is an adjunct professor of law at
opportunities […]. As a result of my mother,
Tulane in 2001 and then clerked for a year
Southern University Law Center in Baton
my older sister (a corporate officer with the
for Justice Bernette Joshua Johnson at
Rouge. He said he teaches consumer
GE Corporation) and I both love traveling
the Louisiana Supreme Court. He said the
transactions and legal writing at the school.
abroad with our children and exposing them
clerkship was very instrumental in helping him develop as an attorney.
to all the world has to offer. That’s the Augustine said he also spends a certain
power of a book and an educator.”
amount of time each week doing client“It was the best experience I could have
development activities, “meaning
Augustine is the single parent of a two-year-
had,” Augustine said. “Number one, it
development to keep and sustain the current
old daughter named Jillian.
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“She is without question the most important
“To leave a legacy is the first thing,” he
thing in my life and the motivating factor that
said. “I’m confident that my practice will
gets me up every morning,” he said.
go well in terms of the dollars and cents of
Montgomery, Barnett, Brown, Read,
it…but to leave a legacy of not just being an
Hammond & Mintz
He said he has a great love for literacy and
in-the-office or in-the-courtroom lawyer
www.monbar.com
tries to instill that love in his daughter. He
but to be a lawyer who’s been very involved
is also a big fan of foreign languages and is
with the bench and bar and involved in the
National Institute for Trial Advocacy
studying Spanish and Italian.
community…so to use the talents that I’ve
www.nita.org
been given or the skill sets I’ve acquired to Augustine discussed some of the
do good for others is the most important
Tulane Law School
professional goals he’d like to accomplish in
thing for me.”
www.law.tulane.edu
the future:
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