2011S0639-1 03/08/11
By: Duncan S.B. No. 1716
A BILL TO BE ENTITLED
AN ACT
relating to voidability of contracts procured through barratry and
liability arising from conduct constituting barratry; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 82.065, Government Code, is amended to
read as follows:
Sec. 82.065. [CONTINGENT FEE] CONTRACT FOR LEGAL SERVICES.
(a) A contingent fee contract for legal services must be in
writing and signed by the attorney and client.
(b) Any [A contingent fee] contract for legal services is
voidable by the client if it is procured as a result of conduct
violating the laws of this state or the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas regarding barratry
by attorneys or other persons.
(c) A lawyer who was paid or owed fees or expenses under a
contract that is voided may recover in quantum meruit if the client
does not prove the lawyer committed barratry or had actual
knowledge, prior to undertaking the representation, that the
contract was procured as a result of barratry by another person.
SECTION 2. Subchapter C, Chapter 82, Government Code, is
amended by adding Section 82.067 to read as follows:
Sec. 82.067. CIVIL LIABILITY FOR PROHIBITED BARRATRY.
(a) A client may bring an action to void any contract for legal
services that was procured as a result of conduct violating the laws
of this state or the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas regarding barratry by attorneys or
other persons.
(b) A client who prevails in an action under Subsection (a)
shall recover from any person who committed barratry:
(1) all fees and expenses paid to that person under any
contract that is voided;
(2) actual damages caused by the prohibited conduct;
and
(3) reasonable and necessary attorney's fees.
(c) A person who was solicited by conduct violating the laws
of this state or the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas regarding barratry by attorneys or
other persons, but who did not enter into a contract as a result of
that conduct, may file a civil action against any person who
committed barratry.
(d) A person who prevails in an action under Subsection (c)
shall recover from each person who engaged in barratry:
(1) a civil penalty of $5,000;
(2) actual damages caused by the prohibited conduct;
and
(3) reasonable and necessary attorney's fees.
(e) This section shall be liberally construed and applied to
promote its underlying purposes, which are to protect those in need
of legal services against unethical, unlawful solicitation and to
provide efficient and economical procedures to secure such
protection.
(f) The provisions of this subchapter are not exclusive.
The remedies provided in this subchapter are in addition to any
other procedures or remedies provided in any other law; provided,
however, that no recovery shall be permitted under both this
subchapter and another law of both damages and penalties for the
same act or practice.
SECTION 3. (a) Section 82.065, Government Code, as amended
by this Act, applies only to a contract entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(b) Section 82.067, Government Code, as added by this Act,
does not apply to prohibited conduct, as defined by that section,
that occurred before the effective date of this Act. Prohibited
conduct that occurred before the effective date of this Act is
governed by the law that applied to the conduct immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2011.