HB162 Alabama 2016 Session

Summary

Primary Sponsor

Matt Fridy

Republican

Session

Regular Session 2016

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

HB162 adds a civil remedy for people who are solicited by an attorney to file suit to obtain the attorney's services.

What This Bill Does

It creates a new civil cause of action for someone who was solicited by an attorney to bring a legal action to procure the attorney's services. It retains existing rules that prohibit case solicitation and payments tied to such solicitation. If a contract for legal services is obtained through prohibited solicitation, the bill lays out remedies such as voiding the contract, recovering fees and expenses, a civil fine, actual damages, and attorneys' fees, with the action filed within two years and heard by a judge.

Who It Affects

• People who are solicited by an attorney to file a lawsuit in order to obtain the attorney's services (they gain a new right to sue in these cases).
• Attorneys and their law firms who engage in or are suspected of engaging in prohibited solicitation and related conduct (they may face civil actions, penalties, and damages).

Key Provisions

• Amends Section 34-3-25 to create a civil action for solicited individuals to challenge unethical solicitation and seek remedies.
• Keeps existing penalties for individuals who receive or pay compensation for solicitation.
• Allows a civil action to void any contract for legal services that was procured through prohibited solicitation.
• Permits recovery of fees and expenses, the balance of any fees after quantum meruit deductions, a civil fine of $5,000 against those involved, and actual damages; attorneys' fees to the prevailing party are also recoverable.
• Provides that the remedy is in addition to other available remedies and that the action must be brought within two years and tried by a judge (no jury).
• Act has liberal construction to promote protection against unethical solicitation; remedies do not exclude other laws.
• Effective January 1, 2016; does not apply to conduct that occurred before this date.

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