Barratry Statute Attorneys
In an effort to prevent calloused and untimely communication from a professional to a prospective client, Texas has enacted a barratry statute. Barratry refers to improper solicitation by a licensed professional and can refer to attorneys soliciting potential clients at a funeral home, or chiropractors seeking clients at an accident site. Penalties for barratry can include a fine in the amount of $10,000 and the recovery of reasonable and necessary attorneys fees. In essence, the barratry statute works to prevent the actions commonly associated with "ambulance chasers."
The Texas illegal case solicitation attorneys at the Edwards Law Firm have built a reputation of professionalism, dedication and honesty that our clients appreciate. We understand the social stigma and negative stereotypes that have plagued the legal profession for decades. We hold ourselves to a high standard of professional and respectful behavior.
The barratry statute discusses the types of prohibited communication, and reads, in part:
- (Communication that) concerns an action for personal injury or wrongful death
- (Communication that) concerns a specific matter and relates to legal representation and the person knows or reasonably should know that the person to whom the communication or solicitation is directed is represented by a lawyer in the matter
- (Communication that) concerns an arrest of or issuance of a summons to the person to whom the communication or solicitation is provided or a relative of that person and that was provided before the 31st day after the date on which the arrest or issuance of the summons occurred
- (Communication that) concerns a lawsuit of any kind
- (Communication that) is provided or permitted to be provided by a person who knows or reasonably should know that the injured person or relative of the injured person has indicated a desire not to be contacted by, or receive communications or solicitations concerning employment
- (Communication that) involves coercion, duress, fraud, overreaching, harassment, intimidation or undue influence
- (Communication that) contains a false, fraudulent, misleading, deceptive, or unfair statement or claim (from Appendix D)
Case solicitation or the solicitation of employment refers specifically to the communication in person or by telephone of a licensed professional with a prospective client or a member of the prospective client's family for the express purpose of seeking professional employment. The term does not apply if the prospective client initiates the contact. In this case, a professional can mean an attorney, chiropractor, physician, surgeon, private investigator or other health care professional who is licensed or certified by a state agency.
Contact the Firm
If you have questions regarding barratry statute or illegal case solicitation, contact us at the Edwards Law Firm and schedule a free initial consultation. Call our Corpus Christi office to make an appointment at 361-236-4212 or toll free at 888-707-6927.
