Louisiana 2011 Regular Session

Louisiana House Bill HCSR6

Caption

Requests study to review lawyer misconduct relative to settlements in third party liability insurance claims

Impact

The potential impact of HCSR6 is significant in that it seeks to shed light on a growing problem within the legal profession—namely, the misappropriation of settlement funds by lawyers. By mandating a formal study, the legislature acknowledges the need for enhanced oversight and potentially new regulations that could safeguard clients' interests in liability claims. The findings could lead to recommendations for legislative changes aimed at preventing misconduct and improving transparency in how settlements are handled in the state.

Summary

HCSR6, also known as the House Concurrent Study Request No. 6, is a legislative initiative in Louisiana aimed at addressing lawyer misconduct related to settlements in third-party liability insurance claims. The bill proposes that the House Committee on Insurance and the Senate Committee on Insurance convene as a joint committee to investigate these issues. This study is especially pertinent given the reported increase in claims against the Client Assistance Fund of the Louisiana State Bar Association, which compensates clients for losses due to lawyer dishonesty. The committee is expected to report its findings prior to the 2012 Regular Session of the Legislature.

Sentiment

The sentiment around HCSR6 appears to be one of cautious optimism among advocates for reform within the legal system. Supporters view the study as a necessary step toward increasing accountability among attorneys and addressing the misuse of client funds. However, there may be concern regarding resistance from the legal community, which could perceive additional oversight as an infringement on their autonomy. Overall, the sentiment underscores a strong desire among lawmakers to protect consumers while fostering a professional environment built on trust.

Contention

A notable point of contention surrounding HCSR6 involves the balance between regulation and the autonomy of legal professionals. While there is a consensus on the need to protect clients from possible misconduct, there may be pushback from lawyers who fear that the scrutiny could be overly burdensome or could undermine their practice. This measure opens the door to discussions about creating clearer guidelines and expectations for lawyer conduct in the context of settlements, which could, in turn, lead to legislative proposals impacting the legal field in Louisiana.

Companion Bills

No companion bills found.

Previously Filed As

LA HB346

Requires insurers to notify claimants of settlement in third-party liability claims

LA HCSR4

Requests the House and Senate insurance committees to study requiring health insurance coverage of an annual screening for sexually transmitted diseases

LA HCSR7

Requests the House Committee on Ways and Means and Senate Committee on Revenue and Fiscal Affairs to study the cost and benefit to the state of tax credits authorized for insurance companies to invest their cash reserves in Louisiana banks and other investments

LA HB220

Provides relative to disclosure of automobile liability insurance coverage limits to a third party claimant

LA HCSR3

Requests a study of the feasibility of state-owned alcoholic beverage facilities

LA HCSR3

Requests House and Senate committees on insurance to study the creation of an interstate compact to allow the sale of health insurance policies across state lines

LA HB84

Provides relative to disclosure of automobile liability insurance coverage limits to a third party claimant

LA HCSR11

Requests the House and Senate committees on insurance to study termination or cancellation of health and accident insurance coverage by insurers and health maintenance organizations

LA HCSR2

Requests a study of the feasibility of the La. Children and Youth Health Insurance Program providing for reimbursement of health care services delivered at schools

LA HR115

Urges and requests the Dept. of Insurance and the La. Used Motor Vehicle Commission to jointly study whether there is a need for mandated contingent liability coverage for rental dealers and whether an adequate market for such insurance exists in this state

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