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IN SB0200
Bill
Status
1/3/2019
Primary Sponsor
Elizabeth Brown
Click for details
AI Summary
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Prohibits attorneys from including provisions in client agreements that prospectively release them from liability for legal malpractice, declaring such provisions contrary to public policy, void, and unenforceable
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Applies to agreements entered into or renewed after June 30, 2019, with an effective date of July 1, 2019
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Exempts bona fide settlement agreements that resolve existing malpractice claims, but voids sham settlements designed to evade the law's protections
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Renders prospective liability releases void regardless of their form, including waivers, client indemnification clauses, or any other device relieving attorneys from malpractice consequences
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Prohibits these liability releases even when the client has independent legal representation in negotiating 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
1/3/2019