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IN SB0084
Bill
Status
2/8/2017
Primary Sponsor
Elizabeth Brown
Click for details
AI Summary
SB 84 Summary
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Adds new section IC 33-43-1-11 to the Indiana Code, effective July 1, 2017, prohibiting attorney-client agreements that prospectively release attorneys from legal malpractice liability.
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Declares void and unenforceable any provision in an attorney-client agreement that prospectively releases the attorney from malpractice liability, regardless of whether it takes the form of a waiver, indemnification by the client, or any other device intended to relieve the attorney from malpractice consequences.
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Applies to agreements entered into or renewed after June 30, 2017.
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Does not apply to bona fide settlements or compromises of existing malpractice claims, but voids any agreement that merely takes the form of a settlement to evade the statute's provisions.
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Provision remains void even if the client is independently represented when making the agreement.
Legislative Description
Indemnification from legal malpractice claims. Provides that any provision in an agreement between an attorney and a client that purports to prospectively release the attorney from liability for malpractice is against public policy, void, and unenforceable.
Last Action
First reading: referred to Committee on Judiciary
2/28/2017