82nd Texas Legislature, Regular Session, Senate Bill 1716, Chapter 94 Page: 2 of 4
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S.B. No. 1716
1 (1) another person has already reported the
2 misconduct; or
3 (2) the attorney reasonably believed that reporting
4 the misconduct would substantially prejudice the client's
6 SECTION 2. Subchapter C, Chapter 82, Government Code, is
7 amended by adding Section 82.0651 to read as follows:
8 Sec. 82.0651. CIVIL LIABILITY FOR PROHIBITED BARRATRY.
9 (a) A client may bring an action to void a contract for legal
10 services that was procured as a result of conduct violating the laws
11 of this state or the Texas Disciplinary Rules of Professional
12 Conduct of the State Bar of Texas regarding barratry by attorneys or
13 other persons.
14 (b) A client who prevails in an action under Subsection (a)
15 shall recover from any person who committed barratry:
16 (1) all fees and expenses paid to that person under the
18 (2) the balance of any fees and expenses paid to any
19 other person under the contract, after deducting fees and expenses
20 awarded based on a quantum meruit theory as provided by Section
22 (3) actual damages caused by the prohibited conduct;
24 (4) reasonable and necessary attorney's fees.
25 (c) A person who was solicited by conduct violating the laws
26 of this state or the Texas Disciplinary Rules of Professional
27 Conduct of the State Bar of Texas regarding barratry by attorneys or
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Texas. Legislature. Senate. 82nd Texas Legislature, Regular Session, Senate Bill 1716, Chapter 94, legislative document, May 19, 2011; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth311919/m1/2/: accessed August 10, 2020), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.