|
Senate Bill 1716 |
Senate Author: Duncan |
|
Effective: 9-1-11 |
House Sponsor: Fletcher |
Senate Bill 1716 amends the Government Code to make any contract for legal services, rather than a contingent fee contract for legal services, voidable by the client if it is procured as a result of conduct violating state law or rules of the Texas Disciplinary Rules of Professional Conduct regarding barratry by attorneys or other persons. The bill authorizes an attorney who was paid or owed fees or expenses under a contract voided under provisions relating to a contract for legal services to recover fees and expenses, under certain conditions, based on a quantum meruit theory if the client does not prove that the attorney committed barratry or had actual knowledge, before undertaking the representation, that the contract was procured as a result of barratry by another person. The bill creates a civil liability for prohibited barratry and sets out the procedures for an action brought under this provision.