HB22 Alabama 2014 Session

Summary

Primary Sponsor

Kurt Wallace

Republican

Session

Regular Session 2014

Title

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

Summary

HB22 would let a client void a legal services contract if it was obtained through improper solicitation and would allow recovery of fees, expenses, and damages, with options for payment based on value of work (quantum meruit).

What This Bill Does

If passed, the bill makes contracts for legal services voidable when obtained through conduct that violates Alabama laws or professional conduct rules on case solicitation. It allows clients to recover fees and expenses paid, plus other damages, and lets attorneys recover fees on a quantum meruit basis. It imposes penalties for improper solicitation and creates civil actions for those who solicit or obtain clients improperly. The act also outlines exceptions, reporting requirements for misconduct, and a January 1, 2015 effective date.

Who It Affects

• Clients who hire attorneys: their contracts can be voided if obtained through improper solicitation and they may recover fees, expenses, and damages.
• Attorneys and those involved in case solicitation: face penalties for improper solicitation and may be liable for damages; may also recover fees under quantum meruit if applicable.

Key Provisions

• Amends Section 34-3-25 to make a legal services contract voidable if procured through conduct violating state law or Alabama Rules of Professional Conduct on case solicitation.
• Prohibits soliciting professional employment from a prospective client with whom there is no relation if it results in gain, and defines solicitation broadly (in person, by phone, email, fax, or written communication).
• Allows a client to void the contract and recover (1) all fees/expenses paid to the solicitor, (2) the remaining fees/expenses paid to others under the contract after deducting quantum meruit, (3) actual damages, and (4) attorneys' fees incurred.
• Allows a civil action by someone who was solicited but did not enter into a contract; imposes penalties of $5,000 and actual damages for each violator.
• Allows an attorney paid under a voided contract to recover fees/expenses on a quantum meruit basis if the client cannot prove solicitation; reporting misconduct is required unless exceptions apply.
• Outlines prohibited solicitations (knowingly pursuing unauthorized suits, soliciting, paying or offering money or value to obtain employment, etc.) and provides exceptions for conduct authorized by rules or court.
• Actions must be commenced within two years of the soliciting conduct; remedies are additive to other laws and not duplicative for the same act.
• Effective date: January 1, 2015.

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