AL HB387

Amends Section 34-3-25 of the Code of Alabama 1975 to make contracts for legal services voidable if procured through conduct violating state law or Alabama Rules of Professional Conduct regarding case solicitation.

Defines "solicit" to include in-person contact, telephone, facsimile, email, and written communications directed to specific recipients that do not meet Rule 7.3(b)(2) of the Alabama Rules of Professional Conduct.

Allows clients who prevail in actions to recover all fees and expenses paid, balance of fees after quantum meruit deduction, actual damages, and attorney fees incurred in pursuing the action.

Permits attorneys to recover fees and expenses based on quantum meruit theory if the client cannot prove the attorney committed solicitation or had knowledge the contract was procured through improper solicitation, provided the attorney reported the misconduct as required.

Establishes a $5,000 civil penalty plus actual damages for persons engaging in prohibited case solicitation, with a two-year statute of limitations and an effective date of January 1, 2014.