HB470 Alabama 2015 Session

Summary

Primary Sponsor

Matt Fridy

Republican

Session

Regular Session 2015

Title

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.

Summary

The bill creates a new civil claim and penalties for soliciting people to sue to obtain an attorney’s services, and strengthens penalties against unethical solicitation by lawyers.

What This Bill Does

It allows a person who was solicited by an attorney to file a civil action to void any contract obtained through that solicitation and to recover fees, expenses, damages, and a civil fine. It also makes soliciting or receiving compensation for such solicitation a misdemeanor with penalties including up to a $1,000 fine and up to six months in jail. Additionally, it sets out remedies and conditions for recovering fees, requires reporting misconduct in many cases, and establishes a two-year filing window with judge-only trials; the act takes effect January 1, 2016 and does not apply to conduct before that date.

Who It Affects

• People who are solicited by attorneys to file lawsuits to obtain the attorney’s services, who may then sue to void the contract and recover fees, expenses, and damages.
• Attorneys and law firms that solicit clients or receive compensation for solicitation, who may face criminal penalties and civil liability if found to have engaged in prohibited conduct.

Key Provisions

• Amends Section 34-3-25 to prohibit soliciting for the purpose of procuring legal services and to prohibit compensation for such solicitation, making violations a misdemeanor with fines up to $1,000 and possible county jail time up to six months.
• Allows a person who was solicited to file a civil action to void any contract procured through prohibited solicitation and to recover all fees and expenses paid, plus the balance of fees/expenses paid to others after deduction for quantum meruit, plus a $5,000 civil fine per person involved, actual damages, and reasonable attorneys’ fees.
• Permits an attorney who was paid under a voided contract to recover fees/expenses on quantum meruit if they did not have actual knowledge that the contract was procured through prohibited conduct and if reporting misconduct is required unless exceptions apply.
• Actions must be filed within two years of the cause of action accruing, and cases are tried by a judge, with the act being liberally construed to protect those in need of legal services.
• Effective date is January 1, 2016; applies to conduct after the effective date and is not applicable to conduct that occurred before that date; remedies are in addition to other remedies.

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