FVF Law Firm was recently featured on CBS Austin discussing an important matter we believe everyone should be made aware of: barratry. Essentially, barratry is the illegal practice of attorneys making unsolicited contact with injured accident victims to try to get their business. Learn more about this unethical practice and what to do if it happens to you.
What Is Barratry?
Barratry is the uninvited solicitation of your business by a lawyer or on behalf of a lawyer. If a lawyer calls you after you were hurt in a car accident, or visits you with a briefcase full of money in the hospital to “buy” your signature on a personal injury contract, this is barratry, and it is illegal. Any situation where a lawyer is contacting you first after an accident without you reaching out to them is a red flag.
Barratry Is Illegal in Texas
In the State of Texas, under Penal Code § 38.12, it is against the law for a lawyer (or a representative acting on behalf of the lawyer) to solicit clients by telephoning or visiting them after their involvement in accidents.
These actions, or “ambulance chasing,” as it’s often referred to, go against the Texas Disciplinary Rules of Professional Conduct in addition to breaking state laws against barratry. Committing this offense is a felony in Texas that should be taken seriously.
Why Is Barratry Unethical?
All injured accident victims deserve the opportunity to make an informed and educated decision about which attorney to hire. This is an incredibly important choice that can have a major impact on the victim’s future. Barratry effectively takes this choice away from vulnerable individuals who may not know better than to trust the first attorney who reaches out to them.
People who have been seriously injured are in a vulnerable position and should not be unjustly influenced regarding what may be the most important decision of their lives. When someone is exploiting this vulnerability or even harassing an accident victim for business, it is a major ethical violation.
Sadly, barratry can have practical implications for the person who is targeted. The attorney chosen can dramatically affect the outcome of a case. Two different law firms can achieve massively different results for similar types of cases. A person subjected to unsolicited contact from an attorney may sign up with a law firm that is not ideal – compromising their financial future without ever knowing it.
What to Do if You Experience Barratry in Texas
Phone calls from personal injury lawyers trying to solicit your business after an accident should not be treated the same way as typical spam calls. This is a serious legal and ethical violation. If it happens to you in Texas, here’s what to do:
- Ask who is contacting you. Ask on the phone, “Who are you? How did you get my name? What law firm asked you to contact me?” Trace the information you receive back to the law firm behind the unsolicited call.
- Report the law firm to the Texas State Bar for professional misconduct. You can do this by submitting their official grievance form online or through the mail.
- Contact FVF Law Firm to let us know about this issue. If you paid a lawyer through a contract that you learned about through barratry, you have legal options. The contract can be nullified, in addition to the offender facing a $50,000 fine and jail time for a felony.
FVF Law Firm is a values-based personal injury practice in Austin, Texas that is dedicated to education, transparency and compassion. By spreading information about barratry, its adverse effects on vulnerable accident victims and its prevalence in Texas right now, we hope to give you a better experience with personal injury law and the power to protect your rights.
