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 Impact Players
Texas Lawyer | December 19, 2011
William R. "Bill" Edwards Sr.
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 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 361-698-7600 or toll free at 800-475-0971.