Louisiana House Bill HB799

Louisiana 2014 Regular Session

• Introduced: 3/10/14
• Refer: 3/10/14
• Report Pass: 4/15/14
• Engrossed: 4/24/14
• Refer: 4/28/14
• Report Pass: 5/20/14
• Refer: 5/21/14
• Report Pass: 5/26/14
• Enrolled: 6/2/14
• Chaptered: 6/19/14
• Passed: 6/19/14

Caption

Provides relative to the employment of special attorneys or counsel (EN SEE FISC NOTE GF EX See Note)

Impact

The implementation of HB 799 will have significant implications for the legal landscape within Louisiana's state entities. By mandating that special attorneys cannot operate on contingency without specific permission, the bill seeks to prevent potential conflicts of interest and ensures that the state maintains control over legal expenditures. The funds generated from any legal recoveries will be earmarked for the Department of Justice, which may enhance its operational budget and support various essential activities, including legal counsel and public education initiatives.

Summary

House Bill 799 seeks to amend existing laws regarding the employment of special attorneys or counsel by state entities in Louisiana. The bill prohibits these entities from retaining special attorneys on a contingency fee basis unless there is express statutory authority. Its aim is to ensure that any attorney fees recovered from litigation belongs to the state and are deposited into a designated fund, the Department of Justice Legal Support Fund. This change emphasizes the need for accountability regarding how state funds are utilized in legal representations and ensures that such fees contribute to the state treasury rather than being misused.

Sentiment

The sentiment surrounding HB 799 appears to be largely favorable among legislators concerned with financial accountability and management of state resources. Supporters argue that the bill will create a more transparent process for hiring legal counsel and managing funds associated with legal actions. However, there may be reservations regarding its potential impact on the ability of state entities to effectively address legal matters if overly restrictive policies are placed around attorney compensation.

Contention

Notable points of contention include the limitations imposed by the bill on the hiring practices of special attorneys and the implications this has for state agencies that may require legal expertise in urgent matters. Stakeholders advocating for more flexibility in hiring legal staff might find that the stringent regulations on compensation and employment processes hinder their ability to effectively respond to legal challenges. Furthermore, the bill could spark debates over the definition of 'express statutory authority' and how it would be interpreted in various contexts.