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IN SB0200

Bill

Status

Introduced

1/3/2019

Primary Sponsor

Elizabeth Brown

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • 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

  • Applies to agreements entered into or renewed after June 30, 2019, with an effective date of July 1, 2019

  • Exempts bona fide settlement agreements that resolve existing malpractice claims, but voids sham settlements designed to evade the law's protections

  • Renders prospective liability releases void regardless of their form, including waivers, client indemnification clauses, or any other device relieving attorneys from malpractice consequences

  • 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

Committee Referrals

Judiciary1/3/2019

Full Bill Text

No bill text available