SB169 Alabama 2013 Session

Summary

Primary Sponsor

Cam Ward

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

SB169 would void legal service contracts obtained through improper solicitation and create remedies and penalties to discourage unethical recruitment of clients.

What This Bill Does

It amends Section 34-3-25 to make a contract for legal services voidable if it was procured through conduct violating state law or Alabama ethics rules on case solicitation. It allows clients to recover fees and expenses, damages, and attorney fees when such solicitation occurred, and lets attorneys recover fees on a quantum meruit basis under certain conditions. It imposes penalties on improper solicitation, defines prohibited acts, and provides exceptions and an effective date of January 1, 2014.

Who It Affects

• Clients and prospective clients who might be solicited for legal services; they could void contracts and recover fees, expenses, damages, and attorney fees.
• Attorneys, law firms, and others involved in case solicitation; they face restrictions on solicitation, potential penalties, and may be limited in fee recovery to quantum meruit if misconduct isn’t proven, with reporting requirements.

Key Provisions

• Contracts for legal services obtained via conduct that violates state law or Alabama Rules of Professional Conduct on case solicitation are voidable by the client.
• A client may recover all fees and expenses paid to the solicitor, the remaining fees/expenses paid to others after deducting quantum meruit, actual damages, and the attorney's fees incurred pursuing the action.
• An attorney may recover fees/expenses on a quantum meruit basis if the client cannot prove misconduct, provided misconduct was reported or reporting was not required due to specific exceptions.
• Penalties include a misdemeanor for improper solicitation of cases, with fines up to $1,000 and possible county jail time; civil penalties may include a $5,000 penalty and actual damages for those solicited.
• The act defines prohibited solicitation acts (e.g., unauthorized suits, direct solicitation, or paying for employment) and provides exceptions where conduct is authorized by rules or court order.
• Actions must be brought within two years of the solicitation conduct; remedies are in addition to other remedies but not duplicative for the same act.
• The act takes effect January 1, 2014.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Attorneys