Barratry & Solicitation

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Barratry, often referred to as “ambulance chasing,” involves the unethical and illegal solicitation of clients by attorneys or their representatives. Under Texas law, barratry is both a crime and a violation of the Texas Disciplinary Rules of Professional Conduct. Victims of barratry not only have the right to seek penalties against offending attorneys but can also void contracts obtained through such improper conduct and pursue civil remedies.

What Constitutes Barratry?
Barratry is defined under Texas Penal Code § 38.12, which criminalizes actions taken with the intent to obtain economic benefit, including:

• Soliciting employment in person or by phone without invitation.
• Offering money or anything of value to potential clients or their family members to secure legal representation.
• Accepting or agreeing to accept money to solicit employment.
• Knowingly pursuing claims or lawsuits without proper authorization.
• Soliciting individuals involved in personal injury, wrongful death, arrest, or divorce cases within the first 30 days of the incident.
• Engaging in coercion, fraud, or deceptive statements to secure a client’s business.​

Examples of Barratry

• An attorney or representative contacts you by phone or in person after an accident, offering legal services you did not request.
• Wrecker drivers, auto repair shop owners, or medical providers recommending specific lawyers.
• Solicitation of legal services after explicitly indicating a desire not to be contacted.

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"Runners"

In Texas, attorneys are not allowed to directly approach accident victims to offer legal representation. To bypass this restriction, some employ individuals known as "runners" to solicit clients on their behalf. Runners are non-attorneys who engage with accident victims under the pretense of offering assistance, claiming to have witnessed the event, or providing a service related to the incident. Their true purpose is to direct victims toward a particular law firm or attorney.
Common examples of runners include:

• Tow truck operators
• Rideshare drivers
• Emergency responders (firefighters, paramedics, police officers, etc.)
• Healthcare workers (nurses, hospital staff, etc.)
• Insurance representatives
• Auto repair shop employees
• Construction contractors

Runners often carry business cards or promotional materials for a specific lawyer and distribute them while towing a vehicle, assisting at the scene, or engaging victims in conversation at hospitals or repair shops. They may also share personal anecdotes about similar incidents, strongly recommending a particular attorney and encouraging victims to seek legal help from that firm.

What Barratry Is Not

• A personal injury attorney runs a commercial offering their services to anyone in need of legal help after an accident. The potential client must decide to call the attorney themselves.
• A law firm emails a newsletter about changes in Texas laws to its subscribers without targeting specific individuals involved in recent accidents.

• Attorneys can provide information or offer services in matters of public interest, such as class action lawsuits, as long as the outreach adheres to ethical guidelines and does not involve coercion or deception.

These forms of marketing rely on the client to initiate contact with the attorney.

Penalties for Barratry

​Under Texas law, barratry carries both criminal and civil penalties:

• Criminal Penalties:
  • First offense: Class A misdemeanor.
  • Subsequent offenses: Third-degree felony.
• Civil Remedies for Victims:
  • $10,000 penalty for each illegal solicitation.
  • Actual damages resulting from the illegal conduct.
  • Recovery of attorney’s fees.
  • Voiding contracts procured through barratry.

Victims can pursue these remedies to recover financial losses and hold unethical lawyers accountable for their actions.

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What to Do If You are a Victim of Barratry

If you suspect you have been the target of barratry:

• Document the Details: Record the name of the individual or entity that contacted you, the date and time, and the method of communication.
• Keep Evidence: Save any business cards, emails, or materials left by the solicitor.
• Consult a Trusted Attorney: Speak with an ethical and experienced lawyer to evaluate your claim and take legal action against the offending party.​​

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What We Do

​At Jones Injury Law Group, we take barratry seriously. We are committed to protecting clients from unethical practices while upholding the integrity of the legal profession. If you’ve been the victim of improper solicitation, we can help you:

• Void any contracts obtained through barratry.
• Recover damages and penalties for the unlawful conduct.
• Hold unethical attorneys accountable.​

What Measures Will We Take

• Grievance Procedures: Address internal complaints and seek resolutions through employer policies.​
• Filing Complaints: We will assist you in filing a claim with the State Bar of Texas to get rogue attorneys off the streets.​
• Litigation Hold Letters: Ensure evidence preservation for legal proceedings.
• Mediation: Attempt to resolve disputes amicably before moving to litigation.
• Litigation and Trial: If necessary, take the matter to court for a formal resolution.

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