Sec. 82.065. 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 contract for legal services is voidable by the client if it is procured as a result of conduct violating Section 38.12(a) or (b), Penal Code, or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons.
(c) An attorney who was paid or owed fees or expenses under a contract that is voided under this section may recover fees and expenses based on a quantum meruit theory if the client does not prove that the attorney committed barratry or had actual knowledge, before undertaking the representation, that the contract was procured as a result of barratry by another person. To recover fees or expenses under this subsection, the attorney must have reported the misconduct as required by the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, unless:
(1) another person has already reported the misconduct; or
(2) the attorney reasonably believed that reporting the misconduct would substantially prejudice the client's interests.
Added by Acts 1989, 71st Leg., ch. 866, Sec. 3, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 94 (S.B. 1716), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 315 (H.B. 1711), Sec. 1, eff. September 1, 2013.
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