HLS 25RS-720 ENGROSSED 2025 Regular Session HOUSE BILL NO. 449 BY REPRESENTATIVES CARLSON, BAMBURG, BERAULT, BILLINGS, CARVER, CHENEVERT, COATES, COX, DEWITT, DOMANGUE, EDMONSTON, EGAN, GALLE, GLORIOSO, HEBERT, HENRY, MCMAKIN, MELERINE, TURNER, WILDER, AND WYBLE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ATTORNEYS/FEES: Provides relative to fees reasonably expected to be earned by an attorney 1 AN ACT 2To enact R.S. 37:218(C), relative to fees collected by attorneys; to require an attorney to 3 disclose his interest with the court in certain circumstances; to provide for penalties; 4 and to provide for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 37:218(C) is hereby enacted to read as follows: 7 ยง218. Contract for fee based on proportion of subject matter; stipulation concerning 8 compromise, discontinuance, or settlement 9 * * * 10 C.(1) If an attorney, other than the attorney of record, can reasonably expect 11 to earn a fee equal to or exceeding one thousand dollars, the attorney shall file a 12 disclosure of his interest in the case with the court. 13 (2) If an attorney in his individual capacity, or through an interest in a 14 business entity, can reasonably expect to earn an amount equal to or exceeding one 15 thousand dollars from the recovery in a case, other than a fee for legal services 16 provided for in the case, the attorney shall file a disclosure of his interest in the case 17 with the court. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-720 ENGROSSED HB NO. 449 1 (3) Information required to be disclosed to the court pursuant to this 2 Subsection shall be considered discoverable. A nondisclosure agreement that 3 prohibits or prevents the disclosures required pursuant to this Subsection shall be 4 considered null and unenforceable to the extent that it prohibits or prevents the 5 disclosure of the information required to be disclosed. 6 (4) An officer of the court with knowledge of an attorney who has violated 7 the provisions of this Subsection shall file a complaint against the attorney for the 8 violation with the Louisiana Attorney Disciplinary Board. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 449 Engrossed 2025 Regular Session Carlson Abstract: Provides relative to disclosure of an attorney's interest in a case in certain circumstances. Proposed law provides that if an attorney, other than the attorney of record, reasonably expects to earn a fee equal to or exceeding $1,000, the attorney shall file a disclosure of his interest in the case with the court. Proposed law provides that if an attorney in his individual capacity or through an interest in a business entity reasonably expects to earn an amount equal to or exceeding $1,000, other than for legal services provided for in the case, the attorney shall file a disclosure of his interest in the case with the court. Proposed law provides that information required to be disclosed to the court pursuant to proposed law shall be considered discoverable. Proposed law provides that a nondisclosure agreement that prohibits or prevents the disclosures pursuant to proposed law shall be considered null and unenforceable to the extent that it prohibits or prevents the disclosure of the information required to be disclosed. Proposed law provides that an officer of the court with knowledge of an attorney who has violated the provisions of this Subsection shall file a complaint against the attorney for the violation with the La. Attorney Disciplinary Board. (Adds R.S. 37:218(C)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the original bill: 1. Specify that if an attorney other than the attorney of record can reasonably expect to earn a fee equal to or exceeding $1,000, the attorney shall file a disclosure of his interest with the court. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-720 ENGROSSED HB NO. 449 2. Specify that the fee of $1,000 or more expected by an attorney does not apply to fees for legal services provided for in the case. 3. Provide that information required to be disclosed to the court pursuant to proposed law shall be considered discoverable. 4. Provide that a nondisclosure agreement that prohibits or prevents the disclosures required by proposed law shall be considered null and unenforceable. 5. Provide that an officer of the court with knowledge of an attorney who has violated the provisions of proposed law shall file a complaint against the attorney for the violation with the La. Attorney Disciplinary Board. Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.