Section 12-19-270 – Short Title.

Section 12-19-270 Short title. This article may be cited as the Alabama Litigation Accountability Act. (Acts 1987, No. 87-186, p. 254, §1.)

Section 12-19-271 – Definitions.

Section 12-19-271 Definitions. The following words and phrases as used in this article, have the meaning ascribed to them in this section, unless the context clearly requires otherwise: (1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase “without substantial justification”, when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that […]

Section 12-19-272 – Court to Award Fees and Costs Against Attorney or Party Who Brought Action Without Substantial Justification; Voluntary Dismissal.

Section 12-19-272 Court to award fees and costs against attorney or party who brought action without substantial justification; voluntary dismissal. (a) Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition […]

Section 12-19-273 – Court to Exercise Sound Discretion and Specifically Set Forth Reasons for Award; Factors to Be Considered.

Section 12-19-273 Court to exercise sound discretion and specifically set forth reasons for award; factors to be considered. In determining the amount of an award of costs or attorneys’ fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys’ fees, the court shall specifically set forth the reasons for […]

Section 12-19-274 – Attorney’s Fees Negotiated in Private; Court May Approve Stipulations.

Section 12-19-274 Attorney’s fees negotiated in private; court may approve stipulations. Nothing in this article shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay his attorney. Nothing in this article is intended to limit the authority of the court to approve […]

Section 12-19-275 – Application.

Section 12-19-275 Application. This article shall apply to any suit or claim or defense or appeal filed subsequent to June 11, 1987. It shall also apply to any suit or claim or defense or appeal which has been filed prior to June 11, 1987, and which is not dismissed within 180 days of June 11, […]

Section 12-19-276 – Provisions Cumulative.

Section 12-19-276 Provisions cumulative. The provisions of this article are cumulative and in addition to the damages which may be awarded for a frivolous appeal pursuant to Rule 38, Alabama Rules of Appellate Procedure. (Acts 1987, No. 87-186, p. 254, §8.)