Section 6-5-570 Statement of legislative intent. It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of legal service to the people of Alabama and that the quality of legal services which should be made available to the citizens of this state is in jeopardy. It is […]
Section 6-5-571 Short title. This article may be cited and known as “The Alabama Legal Services Liability Act.” (Acts 1988, No. 88-262, p. 406, §2.)
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION. Any action against a legal service provider in which it is alleged that some injury or damage was caused in whole or in part by the legal […]
Section 6-5-573 Creation of one form of action against legal service providers. There shall be only one form and cause of action against legal service providers in courts in the State of Alabama and it shall be known as the legal service liability action and shall have the meaning as defined herein. (Acts 1988, No. […]
Section 6-5-574 Limitation on time for commencement of legal service liability action. (a) All legal service liability actions against a legal service provider must be commenced within two years after the act or omission or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and […]
Section 6-5-575 Settlement of disputes by voluntary arbitration. (a) After a legal service provider has rendered services, or failed to render services, to a client out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any […]
Section 6-5-576 Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable. (a) In all legal service liability actions, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability […]
Section 6-5-577 Rules of evidence and procedures in civil actions preserved. All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article. (Acts 1988, No. 88-262, p. 406, §8.)
Section 6-5-578 Effect of compliance or violation of the rules of professional conduct. (a) Evidence of action taken by a legal service provider in an effort to comply with any provision or any official opinion or interpretation of the rules of professional conduct shall be admissible only in defense of a legal service liability action […]
Section 6-5-579 Severability of underlying action and available defenses. (a) If the liability to damages of a legal services provider is dependent in whole or in part upon the resolution of a underlying action, the outcome of which is either in doubt or could have been affected by the alleged breach of the legal services […]
Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death, whether in contract or in tort, against a legal service provider, the plaintiff shall have the burden of proving that the legal service provider breached the applicable standard of care. The applicable standard of care shall be as follows: (1) […]
Section 6-5-581 Applicability and effect on inconsistent provisions of law. This article applies to all actions against legal service providers based on acts or omissions accruing after April 12, 1988, and, as to such causes of action, shall supersede any inconsistent provision of law. (Acts 1988, No. 88-262, p. 406, §12.)
