| 1 | 1 | | By: Fletcher H.B. No. 3915 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to barratry. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 82.065, Government Code, is amended by |
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| 9 | 9 | | adding Subsection (c) to read as follows: |
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| 10 | 10 | | (c) If a client proves by a preponderance of the evidence in |
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| 11 | 11 | | a civil action that the client paid a fee to an attorney or other |
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| 12 | 12 | | person under a contingent fee contract that was procured as a result |
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| 13 | 13 | | of conduct described by the Texas Penal Code sections 38.12 |
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| 14 | 14 | | (Barratry), 38.122 (Falsely Holding Oneself Out as a Lawyer), or |
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| 15 | 15 | | 38.123 (Unauthorized Practice of Law), or as result of conduct |
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| 16 | 16 | | described as misconduct in Rule 8.04 of the Disciplinary Rules of |
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| 17 | 17 | | the State Bar of Texas, the client may recover from all persons and |
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| 18 | 18 | | attorneys involved in such procurement and from all attorneys |
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| 19 | 19 | | involved in representation of the client: |
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| 20 | 20 | | (1) all amounts paid to or received by the persons and |
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| 21 | 21 | | attorneys involved in such procurement and the attorneys involved |
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| 22 | 22 | | in representation of the client under the contingent fee contract; |
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| 23 | 23 | | (2) an additional two times the amounts paid to or |
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| 24 | 24 | | received by any such attorney or person if such attorney or person |
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| 25 | 25 | | knowingly procured the contract through conduct described by the |
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| 26 | 26 | | Texas Penal Code sections 38.12, 38.122, or 38.123, or by Rule 8.04 |
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| 27 | 27 | | of the Disciplinary Rules of the State Bar of Texas; |
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| 28 | 28 | | (3) reasonable and necessary attorney fees and court |
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| 29 | 29 | | costs incurred by the client in the civil action; and |
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| 30 | 30 | | (4) prejudgment and post-judgment interest as |
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| 31 | 31 | | provided by law. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies to a |
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| 33 | 33 | | contract executed under Section 82.065(a), Government Code after |
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| 34 | 34 | | the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
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