What is Ambulance Chasing? What is Barratry?

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Generally, what is "ambulance chasing" or "barratry"?

Has a lawyer that you don't know called you or shown up at your doorstep to sell his services? Perhaps after you have suffered injuries a car wreck or been involved in some other sort accident that resulted in injury?

In Texas, this is known as "ambulance chasing" or - more formally - "barratry." Barratry generally refers to the unethical practice of lawyers, particularly personal injury attorneys, aggressively soliciting clients, often by approaching accident victims soon after an incident while they are still in the hospital or dealing with trauma. This behavior is considered predatory and exploitative, as it takes advantage of people when they are vulnerable. In many states, including Texas, it is prohibited by the law and legal ethics rules. If a lawyer is found guilty of ambulance chasing or "barratry", they can face disciplinary action from the state bar and a civil lawsuit brought by the person solicited.

What should you do if you are the victim of "ambulance chasing" or "barratry"?

So what does that mean for you? Let’s say that you are in a car wreck, a lawyer calls you, solicits you to hire them, and you sign a contract with them. The lawyer eventually settles your case, and takes a percentage of your settlement as their fee. Texas law allows you to bring an action to void the contract, recoup the fees the lawyer took on your plus an additional $10,000 as a penalty. Even if you didn't hire the lawyer but were solicited to do so, you may still have a barratry claim.

If you believe you have been the victim of "ambulance chasing" or "barratry", CONTACT The Pierce Law Firm for a free consultation.

What is the law on "barratry"?

In Texas, barratry is primarily governed by two main sources: the Texas Penal Code and the Texas Disciplinary Rules of Professional Conduct.

(1) Texas Penal Code - Section 38.12

This section criminalizes the act of barratry and outlines specific offenses related to it.

• Section 38.12(a) defines barratry as the act of:

  • Soliciting employment as a lawyer in connection with a claim or case in which the solicitor has no prior relationship with the person being solicited.

  • Soliciting a person who is already represented by another lawyer for the purpose of obtaining employment.

  • Paying or offering to pay compensation to a third party for the solicitation of employment or to encourage a person to file a legal claim.

• Section 38.12(b) defines the offense as a Class A misdemeanor. If it’s committed by someone who is licensed to practice law or associated with a law firm, the offense could be elevated to a state jail felony.

• Section 38.12(c) specifies that anyone found guilty of barratry could face penalties such as a fine, jail time, or both.

This section covers the criminal aspect of barratry, specifically targeting unethical solicitation practices related to legal services.

(2) Texas Disciplinary Rules of Professional Conduct

For attorneys, barratry is also governed by the professional rules that guide how lawyers should conduct themselves. These rules are established by the Texas State Bar and codified in the Texas Disciplinary Rules of Professional Conduct.

• Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct prohibits direct solicitation by lawyers, which involves a lawyer or someone acting on their behalf contacting a potential client in person, by phone, or through other forms of communication, if the primary intent is to get that person to hire the lawyer for a legal matter.

• Rule 7.03(a) specifically bans in-person, face-to-face solicitation (or other direct solicitation) for personal injury, wrongful death, or other similar cases unless the individual being solicited is a family member or former client of the lawyer.

• Rule 7.03(b) allows lawyers to advertise or solicit clients through public media, as long as the solicitation is truthful and not misleading. However, these ads cannot be a direct or personal contact with individuals involved in cases like personal injury claims unless the person has already established a relationship with the lawyer or law firm.

(3) Key Legal Points

• Criminal Aspect (Texas Penal Code 38.12): Barratry is a crime involving the unethical solicitation of clients or paying someone to encourage legal claims. Penalties for barratry can include fines, jail time, and felony charges for repeated offenses.

• Professional Conduct (Texas Disciplinary Rules of Professional Conduct, Rule 7.03): Lawyers are prohibited from soliciting clients directly (e.g., in-person, by phone, etc.) for personal injury or wrongful death cases unless the person being solicited has an existing relationship with the lawyer.

Barratry is a serious offense in Texas that undermines the integrity of the legal profession and can lead to significant legal consequences for those found guilty of such practices. It is essential for legal professionals to adhere to ethical standards and avoid any form of solicitation that could be deemed as barratry.