Frequently Asked Questions About Barratry

Barratry, or ambulance chasing, is the illegal solicitation done by an attorney, or someone representing an attorney, offering legal services to an individual who has suffered a personal injury. Not only is this action a violation of Texas law and State Bar regulations, but it is also considered to be a violation of the victim’s privacy.

In certain occasions, an unsolicited and uninvited third-party agency or person might access your information from a police report, police scan, or even medical professionals, and try to sell your personal information to personal injury attorneys in order for them to seek you out as a client.

Since these third-parties aren’t associated with either the medical field or the legal system, they do not follow any privacy regulations and make a profit out of selling your personal information.

According to the Texas Penal Code § 38.12, barratry in the state of Texas is referred to as the following:

1. A person knowingly instituting an unauthorized suit or claim on behalf of a plaintiff without their knowledge;
2. Someone who solicits employment, either in person or by telephone, for themselves or for another;
3. A person who offers payment, gives, or advances to a prospective client, or anything of value to obtain employment as a professional;
4. A person who pays, gives, or offers to pay or give a person money or anything of value to solicit employment;
5. A party who pays, gives, or offers to pay or give a family member of a prospective client money or anything of value to solicit employment;
6. Someone who accepts or agrees to accept money or anything of value to solicit employment.

An attorney, representative, or a third-party may be guilty of barratry, if they:

1. Knowingly finance the commission of an offense under Subsection (a);
2. Invest funds the person knows or believes are intended to further the commission of an offense under Subsection (a);
3. Are a professional who knowingly accepts employment within the scope of the person’s license, registration, or certification that results from the solicitation of employment in violation of Subsection (a).

However, it is not considered barratry if and only:

• An attorney offers his services pro-bono, meaning they are not seeking any form of payment ;
• An attorney has a pre-existing relationship with the client, either professional or via family relation.

It is not considered barratry if it’s in the form of a paid advertisement, such as a television commercial, a radio spot, or digital marketing.

The purpose of these paid advertisements is to spread awareness of an attorney’s legal services to a wider, larger audience across their market.

Bear in mind, however, that if you’ve been contacted via social media or private message on behalf of an attorney or a representative without solicitation, you have a potential case against them as this may be considered a form of barratry.

In these types of circumstances, you should avoid answering any phone calls, text messages, or e-mails from an unsolicited attorney.

If you are constantly being contacted by an unsolicited attorney or paralegal, it is crucial to take action by doing the following:

• Take notes on who is contacting you and the law firm they’re representing.
• If solicited in-person or via phone, take note of the time, place, and setting of the contact. If in-person, save any business cards, contact information, or any other key evidence.
• Report these encounters to local law enforcement as well as the State Bar of Texas.
• Contact a barratry lawyer to seek a proper investigation and file a claim against the negligent party.

Under Texas law, barratry is considered a misdemeanor offense upon first conviction, but can turn into a third-degree felony if the problem keeps recurring. As of September 1, 2011, those who fall victim to barratry in Texas may be able to collect the following damages:

• $10,000 for every solicitation attempt they’ve experienced, either in-person or through the phone
• A collection of the actual damages that were infringed upon, including attorney’s fees