Texas House Bill HB3915

Texas 2009 - 81st Regular

Caption

Relating to barratry.

Impact

The amendments proposed by HB3915 aim to strengthen the legal framework governing attorney conduct in Texas. By providing avenues for clients to recover amounts paid under tainted contingent fee contracts, the bill enhances accountability for attorneys and aims to deter fraudulent practices. The provisions could encourage a more trustworthy legal environment, contributing positively to client and public confidence in legal representation.

Summary

House Bill 3915 addresses the issue of barratry, which is the illegal solicitation of clients by attorneys. The bill introduces amendments to existing laws that enhance client protections against attorneys who engage in unethical practices, such as falsely representing themselves or practicing law without proper authorization. Under this legislation, a client can take legal action against attorneys who procure contracts through misconduct and seek recovery of fees paid along with additional penalties for violations.

Contention

During discussions, potential contention arose regarding how this bill might affect attorneys and the broader implications for legal contracts in Texas. Critics expressed concerns that while the bill aims to protect clients, it might also impose greater burdens on attorneys through increased litigation risks and liabilities. Moreover, there was debate over the interpretation of 'misconduct' and how broadly it would apply, which could lead to uncertainty in legal practices and client agreements.