Attorneys provide representation for clients in a wide variety of situations, and their knowledge of the laws and legal system ensures that people can navigate these issues successfully. Because their actions can have a major impact on their client's lives and finances, attorneys are held to a high ethical standard. Unfortunately, some lawyers behave dishonestly or put their own financial gain ahead of their clients' best interests. Those who have been affected by an attorney's unethical practices may be unsure about their options, but they may be able to take legal action to address these issues.
At
The Edwards Law Firm, we are dedicated to upholding the law and stopping unethical conduct by attorneys. Attorneys
William R. Edwards and
Billy Edwards played a crucial role in creating and passing the Texas law that addresses barratry and allows people who have been wronged to take legal action against unethical lawyers. We believe in honesty and ethics in legal practice, and we work with people throughout the state of Texas to help them pursue compensation from attorneys who have acted dishonestly or unethically.
How the Laws in Texas Address Barratry
Barratry involves the illegal solicitation of clients by attorneys. A lawyer is not allowed to directly contact a potential client and offer to represent them, and employees or other parties cannot solicit a person on an attorney's behalf. This practice is sometimes referred to as "ambulance chasing," and an attorney may attempt to contact a person or their family following a
car accident or another type of injury and encourage them to initiate a
personal injury or
wrongful death lawsuit. Lawyers are also prohibited from offering money or gifts to a person or their family members in return for engaging their legal services or hiring another attorney. Barratry may also involve a lawyer initiating legal action without a client's permission or encouraging a client to file a lawsuit when there is no basis to do so in order to collect legal fees.
Barratry is not only unethical, but it is also a criminal offense. An attorney who commits this offense may be charged with a Class A misdemeanor. A repeat offense or a situation that involves egregious conduct may result in third-degree felony charges. A lawyer may also face professional discipline for engaging in unethical behavior, including the suspension or revocation of their license to practice law.
A person who has been the victim of barratry may pursue a civil lawsuit against an attorney who acted unethically. If the person entered into a contract with a lawyer, they may be able to receive monetary damages, even if the contract had been voluntarily voided by either party. The damages available in these cases include:
- All of the legal fees and expenses that a person had paid to the attorney.
- Any fees or expenses paid to another party as part of their contract with the attorney.
- Any other losses the person experienced because of the lawyer's unethical conduct.
- A civil penalty of $10,000.
- Attorney's fees and legal expenses incurred during the barratry case.
