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 service provider’s violation of the standard of care applicable to a legal service provider. A legal service liability action embraces all claims for injuries or damages or wrongful death whether in contract or in tort and whether based on an intentional or unintentional act or omission. A legal services liability action embraces any form of action in which a litigant may seek legal redress for a wrong or an injury and every legal theory of recovery, whether common law or statutory, available to a litigant in a court in the State of Alabama now or in the future.
(2) LEGAL SERVICE PROVIDER. Anyone licensed to practice law by the State of Alabama or engaged in the practice of law in the State of Alabama. The term legal service provider includes professional corporations, associations, and partnerships and the members of such professional corporations, associations, and partnerships and the persons, firms, or corporations either employed by or performing work or services for the benefit of such professional corporations, associations, and partnerships including, without limitation, law clerks, legal assistants, legal secretaries, investigators, paralegals, and couriers.
(3) STANDARD OF CARE.
a. The standard of care applicable to a legal service provider is that level of such reasonable care, skill, and diligence as other similarly situated legal service providers in the same general line of practice in the same general locality ordinarily have and exercise in a like case.
b. However, if the legal service provider publishes the fact that he or she is certified as a specialist in an area of the law or if the legal service provider solicits business by publicly advertising as a specialist in an area of the law, the standard of care applicable to such legal service provider shall be such reasonable care, skill, and diligence as other legal service providers practicing as a specialist in the same area of the law ordinarily have and exercise in a like case.
(4) BREACH OF THE STANDARD OF CARE. The failure by a legal service provider to comply with the applicable standard of care the breach of which proximately causes the injury or damages or wrongful death.
(5) UNDERLYING ACTION. The term underlying action refers to the legal matter concerning the handling of which it is alleged that the legal services provider breached the applicable standard of care. The term is applicable in legal service liability actions in which the legal service provider’s liability is dependent in part upon or derived from the legal service provider’s acts or omissions concerning the handling of the underlying action.
(6) RULES OF PROFESSIONAL CONDUCT. Any rules governing the conduct of a legal services provider as defined herein.
(Acts 1988, No. 88-262, p. 406, §3.)
Notes of Decisions
Wachovia Bank, N.A. v. Jones, Morrison & Womack, P.C., 42 So. 3d 667 (Ala. 2010).
· cites it 18× “Specifically, this Court stated: "Under § 6-5-572(2), a `legal service provider' can be either: (1) a person licensed to practice law in the State of Alabama, or (2) a person engaged in the practice of law in the State of Alabama.”
San Francisco Residence Club, Inc. v. Baswell-Guthrie, 897 F. Supp. 2d 1122 (N.D. Ala. 2012).
· cites it 7× “Claims Asserted Against the Wilmer & Lee Defendants Under the Alabama Legal Services Liability Act (Count 3) A plaintiff asserting a claim under the Alabama Legal Services Liability Act (“ALSLA”) must prove that the defendant legal-service-provider failed to comply with (ie.,…”
Free v. Lasseter, 31 So. 3d 85 (Ala. 2009).
· cites it 12× “Lasseter and the firm had moved to dismiss Free’s complaint on grounds, among others, (1) that “the complaint failed to state a cause of action,” and (2) that “the defendants are legal-service providers pursuant to the Alabama Legal Service[s] Liability Act and only one form and…”
Alabama Educ. Ass'n v. Nelson, 770 So. 2d 1057 (Ala. 2000).
· cites it 7× “We must consider whether the AEA comes within the definition of "legal service provider" set out in the ALSLA, at § 6-5-572(2). If it does, then the AEA is a proper defendant in this legal-malpractice action; if it does not, then it was entitled to a dismissal or a summary…”
Valentine v. Watters, 896 So. 2d 385 (Ala. 2004).
· cites it 3× “This is evident from several provisions throughout the Act, such as the section setting out the standard of care [§ 6-5-572(3)a. and b.]" 727 So.2d at 803 .”
Sessions v. Espy, 854 So. 2d 515 (Ala. 2003).
· cites it 2× “A legal services liability action embraces any form of action in which a litigant may seek legal redress for a wrong or an injury and every legal theory of recovery, whether common law or statutory, available to a litigant in a court in the State of Alabama now or in the future.”
Ex Parte Seabol, 782 So. 2d 212 (Ala. 2000).
· cites it 2× “Seabol's claim against Seibert comes within the definition of "legal service liability action" provided in § 6-5-572(1), Ala. Code 1975: "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…”
Bonner v. Lyons, Pipes & Cook, P.C., 26 So. 3d 1115 (Ala. 2009).
· cites it 2× “’s reliance on the doctrine of collateral estoppel to satisfy its burden to prove “that, in the absence of the alleged malpractice, the plaintiff would have been entitled to a more favorable result in the legal matter concerning which the attorney is alleged to have been…”
Brown v. Brown, 896 So. 2d 573 (Ala. Civ. App. 2004).
· cites it 2× “See Ala.Code 1975, § 6-5-572(a) (defining a "legal service liability action" as "[a]ny 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 service provider's violation of the standard of care…”
Line v. Ventura, 38 So. 3d 1 (Ala. 2009).
· cites it 2× “2d at 802 , and then set out the definitions of “legal service liability action” and “legal service provider” as provided in Ala. Code 1975, § 6-5-572(1) and (2). 4 In con *9 sidering those definitions and their application to Cunningham’s claims, the Court stated: “The language…”
Cockrell v. Pruitt, 214 So. 3d 324 (Ala. 2016).
· cites it 4× “” Section 6-5-572, Ala.Code 1975, defines a “legal service liability action” as follows: “(1) Legal service liability action.”
Smith v. Math, 984 So. 2d 1179 (Ala. Civ. App. 2007).
· cites it 4× “" Based on the language of § 6-5-572(1), Math argues that the ALSLA applies to Smith's claims.”
— Ala. Code § 6-5-572(1) — 18 cases
Free v. Lasseter, 31 So. 3d 85 (Ala. 2009).
“Lasseter and the firm had moved to dismiss Free’s complaint on grounds, among others, (1) that “the complaint failed to state a cause of action,” and (2) that “the defendants are legal-service providers pursuant to the Alabama Legal Service[s] Liability Act and only one form and…”
San Francisco Residence Club, Inc. v. Baswell-Guthrie, 897 F. Supp. 2d 1122 (N.D. Ala. 2012).
“Claims Asserted Against the Wilmer & Lee Defendants Under the Alabama Legal Services Liability Act (Count 3) A plaintiff asserting a claim under the Alabama Legal Services Liability Act (“ALSLA”) must prove that the defendant legal-service-provider failed to comply with (ie.,…”
Ex Parte Seabol, 782 So. 2d 212 (Ala. 2000).
“Seabol's claim against Seibert comes within the definition of "legal service liability action" provided in § 6-5-572(1), Ala. Code 1975: "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…”
Line v. Ventura, 38 So. 3d 1 (Ala. 2009).
“2d at 802 , and then set out the definitions of “legal service liability action” and “legal service provider” as provided in Ala. Code 1975, § 6-5-572(1) and (2). 4 In con *9 sidering those definitions and their application to Cunningham’s claims, the Court stated: “The language…”
Sessions v. Espy, 854 So. 2d 515 (Ala. 2003).
“A legal services liability action embraces any form of action in which a litigant may seek legal redress for a wrong or an injury and every legal theory of recovery, whether common law or statutory, available to a litigant in a court in the State of Alabama now or in the future.”
— Ala. Code § 6-5-572(2) — 9 cases
Wachovia Bank, N.A. v. Jones, Morrison & Womack, P.C., 42 So. 3d 667 (Ala. 2010).
“Specifically, this Court stated: "Under § 6-5-572(2), a `legal service provider' can be either: (1) a person licensed to practice law in the State of Alabama, or (2) a person engaged in the practice of law in the State of Alabama.”
Alabama Educ. Ass'n v. Nelson, 770 So. 2d 1057 (Ala. 2000).
“We must consider whether the AEA comes within the definition of "legal service provider" set out in the ALSLA, at § 6-5-572(2). If it does, then the AEA is a proper defendant in this legal-malpractice action; if it does not, then it was entitled to a dismissal or a summary…”
Sessions v. Espy, 854 So. 2d 515 (Ala. 2003).
“A legal services liability action embraces any form of action in which a litigant may seek legal redress for a wrong or an injury and every legal theory of recovery, whether common law or statutory, available to a litigant in a court in the State of Alabama now or in the future.”
— Ala. Code § 6-5-572(3) — 7 cases
Valentine v. Watters, 896 So. 2d 385 (Ala. 2004).
“This is evident from several provisions throughout the Act, such as the section setting out the standard of care [§ 6-5-572(3)a. and b.]" 727 So.2d at 803 .”
San Francisco Residence Club, Inc. v. Baswell-Guthrie, 897 F. Supp. 2d 1122 (N.D. Ala. 2012).
“Claims Asserted Against the Wilmer & Lee Defendants Under the Alabama Legal Services Liability Act (Count 3) A plaintiff asserting a claim under the Alabama Legal Services Liability Act (“ALSLA”) must prove that the defendant legal-service-provider failed to comply with (ie.,…”
Free v. Lasseter, 31 So. 3d 85 (Ala. 2009).
“Lasseter and the firm had moved to dismiss Free’s complaint on grounds, among others, (1) that “the complaint failed to state a cause of action,” and (2) that “the defendants are legal-service providers pursuant to the Alabama Legal Service[s] Liability Act and only one form and…”
Wachovia Bank, N.A. v. Jones, Morrison & Womack, P.C., 42 So. 3d 667 (Ala. 2010).
“Specifically, this Court stated: "Under § 6-5-572(2), a `legal service provider' can be either: (1) a person licensed to practice law in the State of Alabama, or (2) a person engaged in the practice of law in the State of Alabama.”
— Ala. Code § 6-5-572(3)(a) — 3 cases
San Francisco Residence Club, Inc. v. Baswell-Guthrie, 897 F. Supp. 2d 1122 (N.D. Ala. 2012).
“Claims Asserted Against the Wilmer & Lee Defendants Under the Alabama Legal Services Liability Act (Count 3) A plaintiff asserting a claim under the Alabama Legal Services Liability Act (“ALSLA”) must prove that the defendant legal-service-provider failed to comply with (ie.,…”
Wachovia Bank, N.A. v. Jones, Morrison & Womack, P.C., 42 So. 3d 667 (Ala. 2010).
“Specifically, this Court stated: "Under § 6-5-572(2), a `legal service provider' can be either: (1) a person licensed to practice law in the State of Alabama, or (2) a person engaged in the practice of law in the State of Alabama.”
Alabama Educ. Ass'n v. Nelson, 770 So. 2d 1057 (Ala. 2000).
“We must consider whether the AEA comes within the definition of "legal service provider" set out in the ALSLA, at § 6-5-572(2). If it does, then the AEA is a proper defendant in this legal-malpractice action; if it does not, then it was entitled to a dismissal or a summary…”
— Ala. Code § 6-5-572(4) — 3 cases
Free v. Lasseter, 31 So. 3d 85 (Ala. 2009).
“Lasseter and the firm had moved to dismiss Free’s complaint on grounds, among others, (1) that “the complaint failed to state a cause of action,” and (2) that “the defendants are legal-service providers pursuant to the Alabama Legal Service[s] Liability Act and only one form and…”
— Ala. Code § 6-5-572(5) — 4 cases
Bonner v. Lyons, Pipes & Cook, P.C., 26 So. 3d 1115 (Ala. 2009).
“’s reliance on the doctrine of collateral estoppel to satisfy its burden to prove “that, in the absence of the alleged malpractice, the plaintiff would have been entitled to a more favorable result in the legal matter concerning which the attorney is alleged to have been…”
— Ala. Code § 6-5-572(a) — 1 case
Brown v. Brown, 896 So. 2d 573 (Ala. Civ. App. 2004).
“See Ala.Code 1975, § 6-5-572(a) (defining a "legal service liability action" as "[a]ny 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 service provider's violation of the standard of care…”
Annotations are extracted automatically from the opinions in the
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