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IN SB0022

Bill

Status

Introduced

1/3/2018

Primary Sponsor

Elizabeth Brown

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Prospective liability waivers in attorney-client agreements for legal malpractice are declared void, unenforceable, and against public policy

  • Applies to agreements entered into or renewed after June 30, 2018, with an effective date of July 1, 2018

  • Prohibited provisions include liability waivers, client indemnification clauses, and any other instrument designed to relieve attorneys from malpractice consequences

  • Bona fide settlement agreements for existing malpractice claims are exempt, but sham settlements intended to evade the law are void

  • 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

Committee Referrals

Civil Law1/3/2018

Full Bill Text

No bill text available