Last year's tort reforms notwithstanding, Louisiana is still sustaining billions in lost economic activity and wages, not to mention thousands of jobs, according to a recently released Louisiana Lawsuit Abuse Watch (LLAW) report.
Venable
A new national survey showing 65 percent of Americans see attorney advertising as annoying and an attempt to take advantage of consumers seems to be resonating with legal observers in Louisiana.
A new state law authored by state Sen. Patrick Connick (R-Marrero) attempted to reduce misleading claims in attorney advertising, but the Louisiana Supreme Court has yet to follow through and toughen rules on such ads. SB 115 urges attorneys who mention previous damages awards and settlements in their ads to also include how much was taken out for lawyer fees.
“We certainly don’t need more trial lawyer advertising in Louisiana,” Lana Venable, executive director of Louisiana Lawsuit Abuse Watch, told the
Hecker Law Firm / Facebook
Legislation aimed at making attorney advertising in Louisiana more transparent and less susceptible to misleading claims took effect this month, but tort reform advocates are now waiting for the state Supreme Court to embrace the new rules.
Some trial attorneys who pay for billboard ads to get more clients are also waiting for the high court to chime in before they change the way they do business, despite the bill’s warnings that the current legal ad environment can mislead consumers.
Senate Bill 115, authored by State Sen. Patrick Connick (R-Marrero) and signed by Gov. John Bel Edwards last year, took effect Jan. 1. The measure, which applies to legal advertisements in all formats, calls on ads that mention a monetary settlement agreement or a jury damages verdict to account for all attorney fees that benefit those behind the ads.
Louisiana Supreme Court Chief Justice Bernette Johnson | Facebook
The retirement of Louisiana Supreme Court Chief Justice Bernette Johnson raises questions on how well civil justice reform initiatives will hold up under a new court.
Lana Venable, from Louisiana Lawsuit Abuse Watch, told the
Louisiana Record that the state still has a clear need for reform, but whether that happens – and whether any legislative reforms are upheld by the court – remains to be seen. Given the public discourse and recent changes to state laws, the case for legal reform has clearly been made in Louisiana,” Venable told the
Record. “It is important that the state’s high court upholds important civil justice reforms that benefit our businesses and families.