SB55 Summary

• A contract for legal services becomes voidable by a client if procured through conduct violating Alabama state laws or the Alabama Rules of Professional Conduct regarding case solicitation.

• Clients prevailing in voiding a contract may recover all fees and expenses paid, actual damages, and attorney's fees incurred in pursuing the action.

• Attorneys may recover fees and expenses based on quantum meruit theory if they did not commit case solicitation, had no actual knowledge the contract was procured improperly, and reported the misconduct as required (with specified exceptions).

• Case solicitation violations include soliciting clients with no familial or prior professional relationship in person, by phone, facsimile, email, or written communication not meeting Rule 7.3(b)(2) standards; also prohibited are paying prospective clients or others for employment referrals.

• Actions must be commenced within two years from the date of soliciting conduct, and this law becomes effective January 1, 2014.