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IN SB0022
Bill
Status
1/3/2018
Primary Sponsor
Elizabeth Brown
Click for details
AI Summary
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Prospective liability waivers in attorney-client agreements for legal malpractice are declared void, unenforceable, and against public policy
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Applies to agreements entered into or renewed after June 30, 2018, with an effective date of July 1, 2018
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Prohibited provisions include liability waivers, client indemnification clauses, and any other instrument designed to relieve attorneys from malpractice consequences
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Bona fide settlement agreements for existing malpractice claims are exempt, but sham settlements intended to evade the law are void
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Provisions remain void even if the client had independent legal representation when signing 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 Civil Law
1/3/2018