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AL HB470

Bill

Status

Introduced

4/9/2015

Primary Sponsor

Matt Fridy

Click for details

Origin

House of Representatives

Regular Session 2015

AI Summary

  • Amends Section 34-3-25, Code of Alabama 1975 to create a civil cause of action for persons solicited by attorneys to bring legal actions for the purpose of procuring legal services in violation of existing law or Alabama Rules of Professional Conduct.

  • Allows solicited persons to void contracts for legal services and recover all fees paid to persons engaged in prohibited conduct, plus balance of fees paid to others minus quantum meruit amounts, a $5,000 civil fine per violating person, actual damages, and reasonable attorneys' fees.

  • Permits attorneys paid under voided contracts to recover reasonable fees and expenses based on quantum meruit principle if they can prove they had no actual knowledge of the prohibited conduct and either reported the misconduct or reasonably believed reporting would prejudice the client's interests.

  • Establishes a two-year statute of limitations for actions and requires cases be tried by judge without jury, with the section interpreted liberally to protect those needing legal services against unethical solicitation.

  • Becomes effective January 1, 2016, and does not apply to prohibited conduct occurring before the effective date.

Legislative Description

Attorneys, cause of action for person solicited by attorney to bring lawsuit for purpose of procuring legal services to enrich attorney, Sec. 34-3-25 am'd.

Attorneys

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

4/9/2015

Committee Referrals

Judiciary4/9/2015

Full Bill Text

No bill text available