Relating to recovery of attorney's fees in certain civil cases.
The changes proposed by SB471 apply only to actions commenced on or after its effective date, which is September 1, 2019. Existing cases will continue to be governed by previous laws, thereby ensuring a degree of legal continuity. The bill is designed to aid individuals in recovering fees related to legal proceedings in various civil contexts, potentially increasing the likelihood of bringing forward claims that might otherwise be abandoned due to high legal expenses.
Senate Bill 471, titled 'Relating to recovery of attorney's fees in certain civil cases,' proposes an amendment to Section 38.001 of the Civil Practice and Remedies Code. This amendment allows a person to recover reasonable attorney's fees in specific civil actions, which can include claims for services rendered, performed labor, or losses incurred due to contracts or other forms of legal obligations. The intent behind this bill is to ensure that individuals pursuing legitimate claims can do so without bearing the full burden of legal costs, thereby promoting access to justice for those with valid legal grievances.
While the bill aims to enhance recovery options for attorney's fees, it may spark debate over the implications for defendants in civil suits. Opponents could argue that such a provision might inadvertently encourage frivolous lawsuits, wherein individuals may pursue claims solely to recover legal fees rather than seeking genuine resolution. Proponents counter that the measure is a necessary safeguard for individuals who might otherwise be deterred from seeking legal redress, ensuring that justice is accessible to all, regardless of financial capability.