SLS 24RS-794 ORIGINAL
2024 Regular Session
SENATE BILL NO. 458
BY SENATOR BASS
ATTORNEYS. Provides for contigency fee contracts. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 37:218(A), relative to attorney-client contracts; to provide
3 relative to contingency fee contracts; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 37:218(A) is hereby amended and reenacted to read as follows:
6 ยง218. Contract for fee based on proportion of subject matter; stipulation concerning
7 compromise, discontinuance, or settlement
8 A. By written contract signed by his client, an attorney at law may acquire
9 as his fee an interest in the subject matter of a suit, proposed suit, or claim in the
10 assertion, prosecution, or defense of which he is employed, whether the claim or suit
11 be either for money or for property. Such interest shall be a special privilege to take
12 rank as a first privilege thereon, superior to all other privileges and security interests
13 under Chapter 9 of the Louisiana Commercial Laws. In such contract, it may be
14 stipulated that neither the attorney nor the client may, without the written consent of
15 the other, settle, compromise, release, discontinue, or otherwise dispose of the suit
16 or claim. Either party to the contract may, at any time, file and record it with the
17 clerk of court in the parish in which the suit is pending or is to be brought or with the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 458
SLS 24RS-794 ORIGINAL
1 clerk of court in the parish of the client's domicile. After such filing, any settlement,
2 compromise, discontinuance, or other disposition made of the suit or claim by either
3 the attorney or the client, without the written consent of the other, is null and void
4 and the suit or claim shall be proceeded with as if no such settlement, compromise,
5 discontinuance, or other disposition has been made.
6 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 458 Original 2024 Regular Session Bass
Present law provides that by written contract signed by his client, an attorney at law may
acquire as his fee an interest in the subject matter of a suit, proposed suit, or claim in the
assertion, prosecution, or defense of which he is employed, whether the claim or suit be for
money or for property.
Present law provides that the attorney fee shall be a special privilege to take rank as a first
privilege thereon, superior to all other privileges and security interests under present law.
Present law provides that it may be stipulated that neither the attorney nor the client may,
without the written consent of the other, settle, compromise, release, discontinue, or
otherwise dispose of the suit or claim. Either party to the contract may, at any time, file and
record it with the clerk of court in the parish in which the suit is pending or is to be brought
or with the clerk of court in the parish of the client's domicile.
Present law provides that a filing, any settlement, compromise, discontinuance, or other
disposition made of the suit or claim by either the attorney or the client, without the written
consent of the other, is null and void and the suit or claim shall be proceeded with as if no
such settlement, compromise, discontinuance, or other disposition has been made.
Proposed law retains present law.
Effective August 1, 2024.
(Amends R.S. 37:218(A))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.