What is Barratry?
In Texas, barratry is an illegal practice that undermines the integrity of the legal system and the rights of individuals. Also known as illegal solicitation, it occurs when a lawyer or someone acting on their behalf directly contacts a person to offer legal services without that person’s prior request.
Although it may seem like a simple offer of help, it is actually conduct prohibited by state law that can have serious consequences for both the lawyer who commits it and the person affected.
Legal Definition of Barratry in Texas
Texas law prohibits lawyers, their employees, or third parties acting on their behalf from approaching individuals who have suffered an accident, a loss, or who may need legal assistance, with the intent to persuade them to hire their services.
This illegal contact can occur in several ways:
- Unsolicited phone calls after an accident or incident.
- In-person visits to hospitals, funeral homes, or private residences.
- Text messages or emails sent without prior consent.
- Use of intermediaries or “case runners” to pressure the victim.
In short, if someone offers you legal representation without you asking for it, it could be barratry.
Why It’s a Serious Problem
Barratry is not just an ethical issue—it’s a legal problem that erodes public trust in the justice system. This type of illegal solicitation:
Violates the client’s right to choose: people have the right to freely select their attorney without outside pressure.
Affects the quality of legal representation: lawyers who resort to this practice often prioritize volume over quality of service.
Creates emotional pressure: victims may feel compelled to accept help during a vulnerable time.
Damages the reputation of the legal profession: casts doubt on the honesty of all lawyers, even those who act ethically.
Common Examples of Barratry
To better understand how it happens, here are some typical scenarios:
- After a car accident, you receive a call from someone claiming to work with a lawyer who offers to start your case “right away.”
- While you’re in the hospital, a stranger approaches, saying they can connect you with a lawyer who will “win your case fast.”
- You receive text messages with information about a lawyer who can supposedly help you—without you ever requesting contact.
- A “friend of a friend” pressures you to sign a contract with a specific lawyer in exchange for some benefit.
In all of these cases, the person or lawyer behind it could be engaging in barratry.
What Texas Law Says
The Texas Penal Code (Section 38.12) clearly states that barratry is a criminal offense. Penalties may include:
- Significant monetary fines.
- Suspension or revocation of a law license.
- Civil liability: victims can sue and recover paid legal fees, plus additional damages.
- Possible criminal charges for the lawyer and anyone involved.
This means it’s not only unethical—it’s conduct that carries serious legal consequences.
How to Tell if You Were a Victim of Barratry
You may have been a victim of barratry if:
- A lawyer or their team contacted you without your request.
- You were offered gifts, money, or favors in exchange for hiring a lawyer.
- You felt pressured to sign a legal contract immediately after an incident.
- You were repeatedly contacted by phone, message, or in person after an accident.
What to Do if You Suspect Barratry
If you believe you’ve been targeted by this illegal practice, follow these steps:
- Don’t sign anything without advice: avoid committing to a lawyer who contacted you without consent.
- Document the contact: keep messages, call logs, names, and any other evidence.
- Consult a lawyer who specializes in barratry: an expert can evaluate your case and determine if you’re entitled to compensation.
- Report the conduct: you can file a complaint with the State Bar of Texas or other relevant authorities.
Your Rights as a Victim
In Texas, the law protects individuals targeted by barratry. If it’s proven that you were contacted illegally, you may:
- Cancel any contract signed with that lawyer.
- Recover money paid in legal fees.
- Receive compensation for damages.
- Help ensure the lawyer faces sanctions to prevent others from suffering the same.
Why Choose Barratry Busters
At Barratry Busters, we focus exclusively on barratry cases. We know how to investigate this type of misconduct, gather strong evidence, and present your case to authorities and courts. Our approach combines:
Experience:
over 20 years practicing law in Texas.
Ethics:
complete transparency and full compliance with the law.
Commitment:
fighting for your rights from day one.
Results:
working to secure the compensation and justice you deserve.