HB387 Alabama 2013 Session

Summary

Primary Sponsor

Kurt Wallace

Republican

Session

Regular Session 2013

Title

Attorneys, certain contracts for legal services voidable, recovery of attorneys fees and expenses, Sec. 34-3-25 am'd.

Summary

HB387 would void contracts for legal services obtained through improper solicitation and let clients recover fees, while also creating penalties for those who solicit cases.

What This Bill Does

It amends Section 34-3-25 to void a contract for legal services if it was obtained through conduct that violates state law or Alabama's professional conduct rules on case solicitation. It defines solicitation and prohibits certain direct contact to obtain clients when there is no existing relationship. It allows a client to recover fees, expenses, damages, and attorney’s fees if the contract is voided, and lets an attorney recover fees and expenses on a quantum meruit basis under specific conditions. It also establishes penalties for improper solicitation, civil action options, a two-year time limit for these actions, and various exceptions and clarifications.

Who It Affects

• Prospective or current clients who are solicited or enter into a legal services contract, who could void the contract and recover fees, expenses, and damages.
• Attornies, law firms, and other persons who solicit or arrange legal services, who face penalties for prohibited solicitation, potential liability for fees under quantum meruit, and reporting requirements.

Key Provisions

• Solicitors who receive compensation for seeking, procuring, or placing a demand for action from an attorney or law firm are guilty of a misdemeanor and may be fined up to $1,000 and imprisoned up to six months.
• A contract for legal services is voidable by the client if it was procured by conduct violating state law or Alabama Rules of Professional Conduct regarding case solicitation; solicitation is defined broadly to include in-person, telephone, email, or other direct contact to a specific recipient and written communications that meet Rule 7.3(b)(2).
• A client who prevails may recover: (a) all fees and expenses paid to the solicitor; (b) the balance of fees/expenses paid to others under the contract after deducting quantum meruit amounts; (c) actual damages; and (d) all attorney’s fees incurred in pursuing the action.
• A person who was solicited but did not enter into a contract may file a civil action against the solicitor for case solicitation.
• A prevailing party may recover a $5,000 penalty from each person who engaged in case solicitation, plus actual damages.
• An attorney paid under a voided contract may recover fees/expenses on a quantum meruit basis if the client did not prove solicitation or did not have knowledge of the solicitation, provided misconduct was reported as required unless exceptions apply.
• Section includes prohibited acts (e.g., instigating unauthorized suits, soliciting employment, paying or offering money or value to obtain employment) and exceptions where conduct is authorized by professional conduct rules or court rules.
• Actions must be started within two years of the soliciting conduct, and remedies are not exclusive—other remedies may apply under different laws.
• The act becomes effective January 1, 2014.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Attorneys