When tragedies occur in Texas, bringing devastating loss and grief, it is natural for communities to seek answers, accountability, and justice. Civil lawsuits often follow, aiming to provide some form of financial recompense for the victims and their families. However, during these vulnerable times, an illegal and unethical practice known as barratry—commonly referred to as “ambulance chasing”—can emerge. Barratry involves the improper solicitation of legal clients, often through direct or indirect contact immediately after a traumatic event. It is a serious violation that can lead to criminal charges, civil penalties, and professional disciplinary actions. Understanding the nature and consequences of barratry is critical for both legal professionals and the public.
What is Barratry?
In Texas, barratry refers to the illegal solicitation of clients by attorneys, often seeking personal financial gain. The Texas Supreme Court defines barratry as “the solicitation of employment to prosecute or defend a claim with intent to obtain a personal benefit” (State Bar of Tex. v. Kilpatrick, 874 S.W.2d 656, 658 n.2 (Tex. 1994)). The Texas Court of Criminal Appeals further notes that barratry by solicitation has been criminalized since 1901 (State v. Mays, 967 S.W.2d 404, 408–09 (Tex. Crim. App. 1998)).
At its core, barratry undermines the integrity of the legal profession and preys on those who are most vulnerable. Historically condemned and still aggressively prosecuted today, it remains a critical focus for legal and disciplinary authorities.
Three Types of Legal Risk Lawyers Face in Barratry Cases
When an attorney is accused of barratry in Texas, they may find themselves battling on three simultaneous fronts: criminal court, civil court, and disciplinary proceedings before the State Bar of Texas.
1. Criminal Prosecution Under Texas Penal Code §38.12
Barratry is a crime under Texas Penal Code §38.12. A person commits an offense if they, with the intent to obtain an economic benefit:
- Knowingly institute a lawsuit without authorization.
- Solicit employment for themselves or another, either in person or by phone.
- Offer money or something of value to secure professional employment.
- Pay a third party to solicit clients.
- Accept payment to solicit employment.
- Finance or invest in barratry activities.
- Accept employment resulting from illegal solicitation.
Specific conduct is also criminalized for licensed professionals, including attorneys, chiropractors, physicians, and private investigators, if they:
- Solicit individuals involved in accidents or disasters before 31 days have passed.
- Contact individuals already represented by another attorney.
- Solicit defendants in lawsuits filed within the last 31 days.
- Continue contacting individuals who have expressed a desire not to be contacted.
- Use coercion, fraud, harassment, or misleading statements.
Penalties vary depending on the circumstances:
- First offenses involving direct solicitation are misdemeanors.
- Repeat offenses or aggravated conduct (e.g., repeated violations or fraudulent representations) elevate the crime to a third-degree felony, carrying 2 to 10 years in prison.
Additionally, prosecutors are instructed to treat barratry as a “serious crime” under Texas Penal Code §38.12(i), often leading to aggressive prosecution. Prosecutors may also seek related felony charges such as money laundering based on the attorney’s fees earned through unlawful means.
2. Civil Lawsuits for Barratry Under Texas Government Code §82.0651
Victims of illegal solicitation may file a civil lawsuit under Texas Government Code §82.0651. Remedies available include:
- Voiding the legal services contract obtained through barratry.
- Recovering all fees and expenses paid under the invalid contract.
- Seeking actual damages resulting from the barratry.
- Obtaining a statutory penalty of $10,000 per violation.
- Recovering reasonable and necessary attorney’s fees.
Importantly, even individuals who were solicited but did not hire the attorney may still file a lawsuit for damages. This broad right of action reflects the seriousness with which Texas treats unethical client solicitation.
In cases where attorneys successfully defend against false barratry claims, they may pursue defamation lawsuits (libel or slander) to restore their reputations. Even the mere suggestion of improper solicitation can cause lasting professional and personal harm.
3. State Bar Disciplinary Proceedings
The third battlefield is before the State Bar of Texas, where barratry violates the Texas Disciplinary Rules of Professional Conduct (TDRPC 7.03 and 8.04). Disciplinary actions for barratry can result in:
- Public reprimand.
- Temporary suspension of a law license.
- Permanent disbarment.
Disciplinary actions are recorded publicly and are searchable online, leaving a permanent mark on an attorney’s professional record. Media outlets frequently access these records, compounding the reputational damage even if no criminal or civil liability is ultimately found.
How Barratry Can Happen in Real Life: Unsolicited Texts, Calls, and Social Media Contacts
In today’s digital world, barratry often appears through unsolicited communications after an accident. Individuals may receive text messages, phone calls, emails, or social media messages urging them to contact a lawyer about their accident claim. These contacts often seem urgent or helpful, but are illegal.
For example, a person might receive a text message stating:
“Please contact my office regarding recent MVA case to review estimate on damages of vehicle and review docs Jordan Ramirez 214-393-8228.”
Or later:
“I know your busy I need to get your accident claim approved give me a call It’s Jordan’s boss 214-393-8228.”
Such messages are classic examples of improper solicitation.
If you receive any unsolicited message, call, or contact regarding your accident:
- Do not respond.
- Press ‘Report Number’ on your device immediately.
- Report the number as ‘Fraud’ or ‘Spam’ to your carrier or social media platform.
Why Defending Against Barratry Is Complex
Defending against barratry allegations requires navigating multiple simultaneous proceedings:
- Criminal defense: dealing with felony or misdemeanor charges.
- Civil litigation: fighting damage claims and reputational harm.
- Grievance defense: defending professional standing before the State Bar.
Each forum has its own procedural rules and burdens of proof. The reputational stakes are particularly high because disciplinary records are public and long-lasting. An accusation alone can have devastating career consequences, even if ultimately disproven.
Defense Strategies in Barratry Cases
Effective defense against barratry allegations focuses on detailed scrutiny of the facts and legal elements. Key defense strategies include:
- Demonstrating that no prohibited solicitation occurred.
- Arguing that any contact was authorized by ethical rules or court permissions.
- Challenging the claimant’s assertion that they were actually solicited.
- Citing case law, such as:
- Tex. Law Shield v. Crowley, 513 S.W.3d 582 (Tex. App.–Houston [14th Dist.] 2016, pet. denied): clarifying that “solicitation” requires real communication.
- Nguyen v. Watts, 605 S.W.3d 761 (Tex. App.–Houston [1st Dist.] 2020, no pet.): reaffirming standards for barratry claims.
For innocent lawyers wrongfully accused, pursuing defamation claims against accusers may also be necessary to restore reputation and professional credibility.
Punishment and Long-Term Consequences
Upon conviction:
- Criminal punishment:
- Misdemeanor for first offenses.
- Felony (third degree) for repeated or aggravated offenses (2 to 10 years prison).
- Civil punishment:
- Refund of fees.
- Payment of actual damages.
- $10,000 penalty for each proven solicitation.
- Attorney’s fees owed to the claimant.
- Professional consequences:
- Permanent record of discipline.
- Public visibility of disciplinary history.
- Potential career loss.
Even a single instance of illegal solicitation can result in devastating financial, legal, and professional fallout.
Final Thoughts From Gosuits Personal Injury Lawyers
Barratry accusations are serious legal matters with far-reaching consequences. Criminal charges, civil liability, and disciplinary action can each independently, and collectively, jeopardize a lawyer’s career, reputation, and future. For members of the public, recognizing the signs of improper solicitation—whether by text message, phone call, email, or social media—is critical. Unsolicited contact after an accident should be treated with caution, and suspicious communications should be promptly reported as fraud.
For attorneys accused of barratry, navigating the overlapping demands of criminal defense, civil litigation, and professional grievance proceedings requires a deliberate and strategic response. Given the potential for long-term personal and professional harm, these allegations must be approached with the seriousness and vigilance they demand.
