SB55 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

SB55 would void contracts for legal services obtained through improper solicitation and allow fee recovery, with penalties for unethical solicitation, effective January 1, 2014.

What This Bill Does

It makes a contract for legal services voidable if it was obtained through conduct that breaks state law or the Alabama Rules of Professional Conduct on case solicitation. It allows clients to recover fees, expenses, and damages from the solicitor or others involved, and it lets attorneys be paid on a quantum meruit basis in certain cases. It also creates penalties and civil actions against people who engage in prohibited solicitation and sets a two-year time limit to sue, with certain exceptions.

Who It Affects

• Clients seeking legal services who could void an unethical contract and recover costs and damages
• Attor neys, law firms, and other people who solicit or pay for client solicitation and could face penalties and liability

Key Provisions

• Contracts for legal services procured by conduct violating state law or the Alabama Rules of Professional Conduct regarding case solicitation are voidable by the client.
• Solicitation of professional employment from a prospective client with whom the solicitor has no relationship is prohibited if it results in gain for the solicitor or attorney; solicitation includes in-person, phone, fax, email, or directed written contact that does not meet Rule 7.3(b)(2).
• A client who prevails may recover: (1) all fees and expenses paid to the solicitor; (2) the remaining fees/expenses paid to others after deducting quantum meruit amounts; (3) actual damages; (4) all attorney fees incurred.
• A person who was solicited by prohibited conduct, but did not contract as a result, may file a civil action; prevailing parties may receive a $5,000 penalty and actual damages from each solicitor.
• Attorne ys may recover fees/expenses on a quantum meruit basis if the client cannot prove solicitation or if the attorney reported the misconduct, subject to reporting requirements unless exceptions apply.
• The act defines specific prohibited solicitation activities, including paying or offering payment to obtain employment and other related conduct, with exceptions for conduct authorized by rules or court orders.
• Actions must be commenced within two years from the date of the soliciting conduct; the provisions are not exclusive and coexist with other remedies, but damages cannot be recovered under both this act and another law for the same act.
• Effective date: 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