The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Claitor (SB 559)
Present law provides that no action for damages against any attorney at law duly admitted to
practice in this state, any partnership of such attorneys at law, or any professional corporation,
company, organization, association, enterprise, or other commercial business or professional
combination authorized by the laws of this state to engage in the practice of law, whether based
upon tort, or breach of contract, or otherwise, arising out of an engagement to provide legal
services shall be brought unless filed in a court of competent jurisdiction and proper venue
within one year from the date of the alleged act, omission, or neglect, or within one year from the
date that the alleged act, omission, or neglect is discovered or should have been discovered;
however, even as to actions filed within one year from the date of such discovery, in all events
such actions shall be filed at the latest within three years from the date of the alleged act,
omission, or neglect.
Present law provides that the provisions of present law are remedial and apply to all causes of
action without regard to the date when the alleged act, omission, or neglect occurred. However,
with respect to any alleged act, omission, or neglect occurring prior to September 7, 1990,
actions must, in all events, be filed in a court of competent jurisdiction and proper venue on or
before September 7, 1993, without regard to the date of discovery of the alleged act, omission, or
neglect.
Present law provides that the one-year and three-year periods of limitation provided in present
law are peremptive periods within the meaning of present law and may not be renounced,
interrupted, or suspended.
Proposed law provides that the continuous representation of a client, by an attorney regarding a
specific subject matter, who has a claim under proposed law for malpractice for the alleged
wrongful act or omission does interrupt prescription and the running of the peremptive period for
the alleged wrongful act, omission, or neglect upon which the claim is based.
Proposed law provides that the provisions of proposed law shall supercede and control to the
extent of conflict with judicial decisions applying continuous representation.
Effective August 1, 2014.
(Adds R.S. 9:5605 (F) and (G))