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A BILL TO BE ENTITLED
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AN ACT
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relating to barratry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.065, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) If a client proves by a preponderance of the evidence in |
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a civil action that the client paid a fee to an attorney or other |
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person under a contingent fee contract that was procured as a result |
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of conduct described by the Texas Penal Code sections 38.12 |
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(Barratry), 38.122 (Falsely Holding Oneself Out as a Lawyer), or |
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38.123 (Unauthorized Practice of Law), or as result of conduct |
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described as misconduct in Rule 8.04 of the Disciplinary Rules of |
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the State Bar of Texas, the client may recover from all persons and |
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attorneys involved in such procurement and from all attorneys |
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involved in representation of the client: |
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(1) all amounts paid to or received by the persons and |
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attorneys involved in such procurement and the attorneys involved |
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in representation of the client under the contingent fee contract; |
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(2) an additional two times the amounts paid to or |
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received by any such attorney or person if such attorney or person |
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knowingly procured the contract through conduct described by the |
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Texas Penal Code sections 38.12, 38.122, or 38.123, or by Rule 8.04 |
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of the Disciplinary Rules of the State Bar of Texas; |
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(3) reasonable and necessary attorney fees and court |
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costs incurred by the client in the civil action; and |
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(4) prejudgment and post-judgment interest as |
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provided by law. |
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SECTION 2. The change in law made by this Act applies to a |
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contract executed under Section 82.065(a), Government Code after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |