SLS 14RS-860 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 559
BY SENATOR CLAITOR
MALPRACTICE. Provides relative to continuous representation of a client in action for
legal malpractice. (8/1/14)
AN ACT1
To enact R.S. 9:5605(F) and (G), relative to actions for legal malpractice; to provide relative2
to the continuous representation of a client by an attorney regarding a specific3
subject matter; to provide with respect to the interruption of prescription or running4
of the peremptive period; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:5605(F) and (G) are hereby enacted to read as follows:7
ยง5605. Actions for legal malpractice8
* * *9
F. The continuous representation of a client, by an attorney regarding10
a specific subject matter, who has a claim under this Section for malpractice for11
the alleged act, omission, or neglect does interrupt prescription and the running12
of the peremptive period for the alleged wrongful act, omission, or neglect upon13
which the claim is based.14
G. The provisions of this Section shall supercede and control to the15
extent of conflict with judicial decisions applying continuous representation.16 SB NO. 559
SLS 14RS-860 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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-ye ar 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))