Ambulance Chasers: Understanding Barratry in Texas

You may have come across the term “ambulance chasers” when discussing certain types of lawyers. This term is commonly used to describe attorneys who engage in barratry. Barratry refers to the illegal and unethical practice of soliciting clients. While it is perfectly legal and ethical for attorneys to advertise their services through approved media channels, the law draws a clear line against more direct forms of solicitation.

Specifically, the law prohibits attorneys from soliciting clients in person or via telephone. Moreover, it is illegal for attorneys to employ or compensate someone to solicit clients on their behalf through such direct methods. These regulations are in place to ensure that the legal profession maintains high ethical standards and to protect potential clients from overzealous and improper conduct by some attorneys.

What Laws or Rules Prohibit Ambulance Chasing in Texas?

In Texas, barratry is prohibited under Section 38.12 of the Texas Penal Code, which deals with barratry and solicitation of professional employment. This section explicitly defines and criminalizes various forms of unethical solicitation by attorneys and those acting on their behalf. Under the statute, it is a criminal offense for an attorney to approach potential clients in person or via telephone with the intent to solicit business.

Additionally, the law extends to cover individuals who are hired or paid by attorneys to engage in these prohibited solicitation activities. The criminal offense ranges between a misdemeanor and felony of the third degree, depending on the manner of barratry. Penalties for violating this law can include fines, disbarment, and even imprisonment, depending on the severity of the conduct and whether it is a repeat offense. These stringent measures are designed to ensure that the legal profession upholds its integrity and that clients are protected from coercion and exploitation.

Is Barratry Addressed by the Texas Disciplinary Rule of Professional Conduct?

Yes, barratry is indeed addressed by the Texas Disciplinary Rule of Professional Conduct, specifically under Rule 7.03. This rule explicitly outlines the restrictions on solicitation and prohibits most forms of direct, in-person contact with prospective clients for the purpose of obtaining professional employment. Under Rule 7.03:

• a lawyer shall not by in-person, face-to-face contact or via telephone contact, unless the person contacted is a lawyer, has a family, close personal, or prior professional relationship with the lawyer, solicit professional employment from a prospective client; and,
• intermediaries or agents are prohibited from engaging in solicitation activities that the lawyer themselves would not be permitted to engage in directly. The intent is to prevent attorneys from circumventing the rules by employing others to perform the unethical solicitation on their behalf.

Violation of Rule 7.03 can lead to disciplinary action by the State Bar of Texas, including sanctions ranging from reprimands to suspension or disbarment, depending on the severity and frequency of the misconduct.

What Other Names Are Used For Barratry?

Barratry is known by several other names and colloquial terms that reflect the unethical nature of this practice. A few common names for barratry include:

• Ambulance Chasing: This term vividly describes the aggressive pursuit of clients by certain lawyers, often in emergency or vulnerable situations.
• Case Running: This term highlights the active and sometimes unscrupulous effort to secure clients who have potential legal claims.
• Client Brokering: This term is used to denote the practice of intermediaries being compensated for steering clients towards specific attorneys.
• Solicitation: This term refers to the direct attempt by lawyers to obtain clients through prohibited means such as in-person or telephone contact.

These terms, while informal, underscore the disreputable strategies that undermine the integrity of the legal profession and exploit those in need of legal assistance.

Tactics Used by Ambulance Chasers, Case Runners, Client Brokers, and Solicitors

Lawyers who practice barratry often employ a range of questionable tactics to solicit clients, despite the legal and ethical boundaries set forth by regulations. Some of the most common strategies include:

• Hospital Visits and Funeral Home Contacts: These individuals may make personal visits to hospitals or funeral homes to approach victims or their families during vulnerable moments. By doing so, they aim to exploit the immediate emotional and physical distress of potential clients to secure their business.
• False Representation: Some practitioners might misrepresent themselves as concerned individuals or friends offering help, only to later reveal their true intentions of soliciting legal business.
• Offering Cash Advances or Other Incentives: To entice potential clients, they may offer cash advances, loans, or other financial incentives in exchange for signing a contract. While this might seem like immediate relief for victims, it often comes with strings attached, obligating them to hire a specific attorney.
• Pulling Accident Reports: Individuals might scrutinize accident or incident reports to identify victims and follow up with unsolicited communications. This method involves accessing public records or databases to gather information on recent victims and contact them directly.
• Employing Middlemen: To bypass direct solicitation rules, some attorneys use intermediaries or agents to approach potential clients on their behalf. These middlemen can range from medical professionals to tow truck drivers, who receive compensation for steering victims toward specific legal services.

These unscrupulous tactics not only undermine the trust and integrity of the legal profession but also take advantage of individuals in distressing circumstances. It is essential to remain vigilant and informed to avoid falling victim to such unethical practices.

Are Attorney Referral Services Considered Ambulance Chasers?

Some attorney referral services, such as the Texas State Bar Lawyer Referral and Information Service, are not practicing barratry. These services are help individuals find qualified attorneys to meet their specific legal needs, connecting clients with suitable lawyers based on the client’s case details and the attorney’s area of expertise. Reputable attorney referral services adhere to strict guidelines and transparency to ensure that their recommendations are unbiased and in the best interest of the client.

However, it is crucial to differentiate between legitimate attorney referral services and uncertified attorney referral services that engage in deceptive, unethical, or illegal solicitation practices. These types of lawyer referral services may place online ads bidding on attorney names and selling client leads to other law firms, or resort to aggressive tactics such as using middlemen or providing incentives for client referrals.

What Should I Do if I Am Solicited By an Ambulance Chaser in Texas?

If you find yourself being solicited by an ambulance chaser, it’s important to know how to protect yourself and take appropriate action. Here are some steps you can follow:

• Refuse Communication: Politely but firmly decline the solicitation. Do not provide any personal or contact information.
• Document the Incident: Take careful note of any details regarding the solicitor. This can include their name, law firm, method of contact, and any communications or materials they have provided.
• File an Attorney Grievance: Filing an attorney grievance with the State Bar of Texas could lead to disciplinary actions against the offending lawyer, including suspension or disbarment, especially for repeated violations.
• Consult Another Attorney: If you are in need of legal services, consider consulting another reputable attorney who abides by ethical standards. Referrals from trusted sources or professional associations can be safer options.

By following these steps, you can help uphold the integrity of the legal profession in Texas and protect yourself from unethical solicitation practices.

What Can I Do if I Am Solicited By an Ambulance Chaser in Texas?

If you believe you’ve been improperly solicited by an attorney engaging in barratry, there are several actions you can take to protect your rights and seek redress. Texas law provides robust mechanisms to address and deter such unethical behavior by legal professionals.

• Void a Contract: You have the option to bring an action to void any contract procured through barratry. Under Texas Government Code § 82.0651, this allows you to nullify agreements made under unethical circumstances.
• Recover Penalties and Fees: Victims of improper solicitation can recover a $10,000 penalty as well as attorney’s fees. Even if you did not enter into a contract due to the solicitation, you are still entitled to claim the $10,000 penalty.
• Suing for Legal Fees Post-Case: If your case has already concluded, you may be able to file a lawsuit against the lawyer to recover your legal fees, provided the services were obtained through barratry.

By taking these steps, you not only protect yourself but also help uphold the integrity of the legal profession in Texas. If you believe you’ve been the target of such practices, consider consulting with a qualified attorney to explore your options.

Conclusions Regarding Barratry in Texas

Barratry is a severe issue in the legal profession, particularly in Texas, where laws strictly prohibit such unethical solicitation practices. Can you truly trust an attorney who violated the law to secure you as a client?

Reputable lawyers do not engage in barratry. They depend on a strong reputation, proven results, and endorsements from satisfied clients to establish and sustain their practice. Thompson Law has recovered more than $1.9 billion for our clients, and have excellent client reviews.

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