Ambulance Chasing and Barratry Laws in Texas

Some people refer to personal injury lawyers as “ambulance chasers,” but this is not how most of them operate. In fact, technical ambulance chasing is illegal in Texas. If an attorney has contacted you after an accident, be careful. This could be illegal and a sign that the lawyer is not acting ethically.

Laws That Prohibit Ambulance Chasing

Barratry is the illegal and unethical practice of soliciting clients. Texas’ law on the matter prohibits a lawyer or their representative from approaching a personal injury victim in person or calling them to solicit business. These regulations help maintain the integrity of the legal system and prevent lawyers from taking advantage of potential clients in vulnerable positions. Violating this rule can result in imprisonment, fines, and disbarment.

Ethical rules for lawyers also prohibit this conduct. Some exceptions exist to this rule, such as if the lawyer has a close personal, family, or existing professional relationship with the potential client. Lawyers who violate these rules can face sanctions, which may include suspension or disbarment.

Tactics Ambulance Chasers May Use

Lawyers who are ambulance chasers may employ various strategies to wrongfully solicit relationships with new clients, including:

• Making visits in hospitals or funeral homes – Lawyers or their representatives may approach potential clients when they are at their most vulnerable, including in hospital rooms or funeral homes.
• Making false representations – These individuals may feign concern as a concerned objective party only to later reveal their profession.
• Requesting accident reports – Ambulance–chasing lawyers may access public records or databases with accident reports to obtain information about potential clients.
• Offering cash advances – Ambulance chasers may offer to pay cash or provide other financial incentives if the potential client agrees to sign a contract.
• Using surrogates – Some personal injury lawyers may use investigators or other third parties to contact potential clients on their behalf. This action is still prohibited by the rules that prohibit barratry.

Legal Options If You Are Solicited by an Ambulance Chaser in Texas

If an ambulance chaser contacted you after you were injured in an accident, you may have various legal options to address the situation. These options may include:

• Voiding the contract – If you have learned your lawyer violated the barratry rules, you can seek to void your contract so that you can hire a more ethical lawyer to represent you in the underlying personal injury case.
• Reporting the lawyer’s misconduct – You can also report the lawyer’s misconduct to the State Bar of Texas for possible disciplinary action.
• Recovering penalties and fees – The law allows you to recover a $10,000 penalty from the attorney and pay for your attorney’s fees after a lawyer committed barratry against you.
• Suing the lawyer – If the lawyer has already settled your case, you may be able to take legal action against them to recover legal fees and other damages that resulted from the legal representation.

You should also contact a different personal injury lawyer about your case. If the lawyer you initially hired or who contacted you is committing barratry, it’s possible they might be acting in other unethical ways.

Contact Our Personal Injury Lawyers for a Free Consultation

If you’re a victim of barratry, call the San Antonio personal injury attorneys at The Aguirre Law Firm, PLLC today for a free consultation to discuss your case.