TiPAC: H.B. 799 (2014)
Codifies a Louisiana Supreme Court decision that the state cannot
Codifies a Louisiana Supreme Court decision that the state cannot compensate attorneys on a contingency fee basis, absent express statutory authority; provides that, in cases where a statute allows for the recovery of attorney’s fees for the prevailing party, those attorney fee awards belong to the state, absent express statutory authority; clarifies that outside counsel are considered to be public servants under the Louisiana Code of Ethics and can only receive pay from the state government entity by which they are employed; requires outside counsel to keep accurate time and expense records, and limits hourly rates to the lesser of the maximum rate approved by the Attorney’s Fee Review Board or $500; requires outside counsel to be approved by the governor and attorney general for state work; requires an application for approval to include a copy of the proposed contract and a resolution to include a statement of real need, a statement fully providing the reasons for the action, a full statement of compensation to be paid, and, if applicable, statutory authority for a contingency fee; requires the governor and/or the attorney general to respond in writing with approval or rejection of the application and to outline the reasons for rejection. The bill is prospective in nature, exempts local and parish governments and colleges and universities, and requires preference be given to Louisiana attorneys.
Latest News
View all news
ATRA Commends Pennsylvania Lawmakers for Addressing Lawsuit Abuse
Pennsylvania lawmakers introduced liability reform bills to tackle lawsuit abuse. Proposed changes aim to enhance job creation and economic stability by limiting excessive litigation costs.
Hidden Influence: How Third-Party Litigation Financing Fuels Lawsuit Abuse
It’s time to pull back the curtain on third-party litigation financing and restore balance to our courts.
Lawsuit Abuse Awareness Week — Protecting Arizona’s Small Businesses
Lawsuit Abuse Awareness Week prompts reflection on Arizona’s civil justice system, highlighting excessive tort costs harming small businesses, job loss, and economic growth.
ATRA Kicks Off Lawsuit Abuse Awareness Week, Highlights Economic Burdens
This week is aimed at educating both the public and our government leaders about how excessive litigation drains resources from businesses, stifles innovation, and ultimately hurts consumers and job creation.
Shining a Light on Lawsuit Abuse: Kicking Off Lawsuit Abuse Awareness Week 2024
By fostering understanding and promoting smart reforms, we can help create a more balanced civil justice system that serves all citizens.
The Louisiana Supreme Court’s Alarming U-turn
The Pelican State deserves a judicial system that stands firmly on principles — not one swayed by the most recent political winds.