SB196 Alabama 2024 Session

Summary

Primary Sponsor

Sam Givhan Senator

Republican

Session

Regular Session 2024

Title

Civil practice; legal service liability actions, further provided

Description

Under existing law, an action may be made against a legal service provider when it is alleged that some injury or damage was caused in whole or in part by the legal service provider's breach of the applicable standard of care.

This bill would require the plaintiff in a legal service liability action to include in the complaint a detailed specification and factual description of each and every act and omission alleged by the plaintiff to render the legal service provider liable and, on a violation, would authorize a court to dismiss the action for failure to state a claim upon which relief may be granted and prohibit any party from conducting discovery with regard to the act or omission.

This bill would clarify that the statute of limitations begins to run on the date the alleged act or omission occurred, and not on the date a subsequent legal injury occurred as a result thereof.

This bill would also provide that when the legal services in the underlying action were provided within this state and the alleged breach of care occurred within this state, the laws of the State of Alabama apply unless certain choice of law requirements are met under certain conditions.

SB196 INTRODUCED.

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Subjects

Civil Procedure