Relating to recovery of attorney's fees in certain civil cases.
The change in law proposed by HB1358 applies only to actions commenced after the effective date, which is set for September 1, 2021. This distinction ensures that any cases filed before this date are governed by the previous law regarding attorney's fees, creating a transitional period wherein parties involved in ongoing litigation will not be affected by the new regulations. The implications of this bill are significant for those engaging in civil actions, as it is expected to influence how parties prepare for litigation and the decisions they make regarding the pursuit of legal claims, particularly in areas such as contract disputes and personal injury cases.
House Bill 1358 aims to amend the Texas Civil Practice and Remedies Code specifically concerning the recovery of attorney's fees in certain civil cases. This bill expands the conditions under which a person can recover reasonable attorney's fees from a variety of parties, including individuals, organizations, and state entities. By delineating the scenarios in which attorney's fees are recoverable, the bill seeks to provide clearer guidance on the rights of parties involved in civil litigation, potentially increasing access to legal resources for those pursuing claims. The bill outlines specific services and agreements for which attorney fees can be claimed, ensuring that those who incur legal costs have recourse to recover these expenses if certain conditions are met.
While the bill received some support for its intent to clarify and make more predictable the recovery of attorney's fees in civil cases, there are potential points of contention. Critics may argue that the provisions could incentivize frivolous lawsuits if individuals believe that they can recover their legal costs regardless of the merits of their claims. Additionally, there may be concerns over how the amendments could affect smaller entities or individuals who might be apprehensive about entering legal disputes due to the perceived risks and additional costs associated with litigation.