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))