Louisiana 2018 Regular Session

Louisiana Senate Bill SB112

Introduced
2/26/18  
Refer
2/26/18  
Refer
2/26/18  
Refer
3/12/18  
Refer
3/12/18  
Report Pass
3/20/18  
Report Pass
3/20/18  
Engrossed
3/22/18  
Engrossed
3/22/18  
Refer
3/26/18  
Refer
3/26/18  

Caption

Authorizes business entities to assert or defend certain claims on their own behalf. (gov sig)

Impact

The enactment of SB112 would significantly alter the landscape of legal representation for business entities in Louisiana. By increasing the claim limit, it allows these entities to engage in legal disputes more freely and could potentially lead to an increase in self-representation. This might alleviate burdens on legal systems by reducing the number of lawyers hired for low-value claims and could encourage businesses to resolve smaller disputes without formal legal processes. However, it may also lead to increased challenges for courts handling cases with self-represented entities who may lack the understanding of legal procedures.

Summary

Senate Bill 112 proposes an amendment to the definition of the 'practice of law' in the state of Louisiana, allowing business entities such as partnerships and corporations to assert or defend claims on their own behalf. The bill specifically raises the financial limit for such claims from $5,000 to $50,000, enabling these entities to represent themselves in courts of limited jurisdiction without requiring a licensed attorney. This change is aimed at simplifying legal processes for smaller claims and reducing the need for legal representation, particularly for businesses operating on a smaller scale.

Sentiment

The sentiment around SB112 appears to be mixed among stakeholders. Supporters argue that the bill empowers local businesses, making it easier for them to navigate legal matters without unnecessary expenses. They view it as a step towards streamlining the legal process for small claims, thereby promoting entrepreneurial activity. Conversely, critics express concern over the potential for unfair practices against less knowledgeable entities or individuals, as unrepresented parties might struggle without legal advice when facing opponents with legal expertise.

Contention

Notable points of contention surrounding SB112 include the implications of self-representation in legal contexts, particularly regarding the balance of power between represented and unrepresented entities. While proponents assert that the bill fosters accessibility to justice for small businesses, opponents caution that the potential for misunderstandings about legal rights and procedures could lead to inequitable outcomes. Additionally, there is concern regarding whether the courts are adequately equipped to handle an increase in self-represented cases, which might complicate judicial processes.

Companion Bills

No companion bills found.

Previously Filed As

LA HB2930

Relating to procedures for asserting taking claims against certain governmental entities.

LA SB462

Authorizes public entities to enter into public-private partnerships. (gov sig)

LA SB172

Authorizes certain state government entities to sell certain state-owned immovable property. (gov sig) (EN SEE FISC NOTE SG See Note)

LA SB72

Authorizes an income tax credit for certain businesses whose operations were interrupted as a result of the COVID-19 pandemic. (gov sig)

LA AB126

Revises provisions governing business entities. (BDR 7-762)

LA HB264

Relating to procedures for asserting taking claims against certain governmental entities.

LA SB1514

Relating to business entities and nonprofit entities.

LA HB4279

Relating to business entities and nonprofit entities.

LA HB901

Authorizes certain governmental entities to install solar energy farms on their property

LA SB467

Provides for the office of the state public defender. (gov sig) (EN SEE FISC NOTE LF RV)

Similar Bills

No similar bills found.