Barratry Offenses in Texas: How Unethical Lead-Gen Companies Exploit Accident Victims

In the disorienting days after a serious car wreck in Texas, your world shrinks. It becomes a blur of doctor’s appointments, calls from your insurance company, and the overwhelming stress of figuring out how to move forward.

Then, your phone buzzes with a text from a number you don’t recognize: “We saw you were in an accident. We can get you a doctor and a lawyer today.” Soon after, the phone rings. A stranger on the other end says they’re from a “claims processing group” and need to send a representative to your house immediately to sign some forms.

This experience is jarring, invasive, and deeply unsettling. It feels wrong because it is wrong. This predatory practice of illegally soliciting accident victims is called barratry, and it is a crime in Texas. It is a scheme often run by sophisticated and unethical lead-generation companies that partner with certain law firms to exploit injured people at their most vulnerable.

What is Barratry Under Texas Law?

In Texas, barratry is the illegal and unethical act of soliciting a potential client for legal services when you have no prior relationship with them. It’s the legal term for what is commonly known as “ambulance chasing.” The law is designed to shield individuals who have just experienced a traumatic event from being pressured, harassed, and manipulated into legal agreements.

The specific statute governing this offense is Texas Penal Code § 38.12. This law makes it a crime for a lawyer or anyone acting on their behalf (like a “case runner” or a lead-generation company) to engage in solicitation through in-person contact or by phone, email, or text.

Under the law, an act of barratry includes:

Unsolicited Contact: Directly contacting a potential client or their family member regarding a specific accident or event for the purpose of securing a professional services contract.
Using Middlemen: Knowingly financing or paying a “case runner,” lead-generation service, or other non-lawyer to illegally solicit clients.
Paying for Referrals: Giving money or anything of value to individuals like police officers, hospital employees, tow truck drivers, or medical staff in exchange for a client referral.

The purpose of this law is clear: your decision to hire an attorney should be a calm, considered choice you make, not a reaction to a high-pressure sales pitch from a stranger who illegally obtained your information.

The Modern “Ambulance Chaser”: How Unethical Lead-Generation Schemes Work

The image of a lawyer handing out business cards at an accident scene is outdated. Today’s barratry schemes are often sophisticated, data-driven operations that treat injured people like profitable leads to be bought and sold.

This predatory ecosystem involves several key players:

The Unethical Law Firm: A firm that, instead of building a reputation through ethical advertising and client results, chooses to buy cases from a lead-generation company.
The Lead-Generation Company: The central hub of the operation. This company creates a network to illegally obtain accident victim information and employs callers or “case runners” to make contact.
The Case Runners: These are the individuals on the front lines. They are the ones who get paid to acquire the victim’s information and pressure them into signing a contract with the law firm that bought the “lead.”

How Do They Get Your Private Information?

After a wreck on I-10 or a local street in Katy, you might wonder how these strangers got your name and phone number so quickly. They do it through a variety of unethical and often illegal methods:

Illegally Obtaining Accident Reports: While accident reports are public records, there are rules about their commercial use. These companies often obtain them improperly to harvest personal contact information.
Paying Inside Sources: Their networks often rely on paying off insiders for information. This can include bribing hospital staff for patient admission details, tow truck drivers for vehicle owner information, or even rogue police or administrative staff for early access to crash reports.
Using Digital Scanners and Monitoring: They monitor police and emergency radio frequencies to learn of accidents in real-time and dispatch runners to the scene or the hospital.

What Do Their Predatory Tactics Look Like?

Once they have your information, the harassment begins. Their goal is to get you to sign a legal representation contract as quickly as possible, before you have a chance to think clearly or speak to anyone else.

Relentless Contact: They will bombard you with cold calls, text messages, and emails. In the most egregious cases, a “runner” may show up uninvited at your home or even in your hospital room.
Deception and Misrepresentation: They will rarely admit they are from a law firm. Instead, they use deceptive language, claiming to be from “Client Services,” an “Insurance Claims Department,” or a “Medical Assistance Group” to gain your trust.
High-Pressure Sales Pitches: They create a false sense of urgency. They might tell you that you will lose your rights or forfeit insurance benefits if you don’t sign with them immediately. This is a deliberate lie designed to scare you into a hasty decision.
Offering Improper Incentives: They may offer you an upfront cash “loan” or promise to pay your medical bills, with the condition that you sign a contract with their preferred law firm.

The Dangers of Engaging with Unethical Solicitors

Falling victim to a barratry scheme can cause significant harm to both your legal case and your personal well-being. The firm that has to buy its cases this way is often not the one you would choose after careful research.

Risks to Your Legal Claim:

Poor Quality Representation: A law firm that relies on illegal solicitation may not have the skill, resources, or trial experience to handle a serious injury case. They may see you as a commodity to be processed, not a client to be represented.
A Rush to a Lowball Settlement: The business model of many of these firms is based on volume and quick turnover. They have an incentive to settle your case as fast as possible for whatever the insurance company offers, often before the full extent of your injuries and future medical needs are even known.
Conflict of Interest: The lawyer’s primary loyalty might be to the lead-generation company they have to pay, not to you. This can compromise their professional judgment and their duty to act in your best interest.

Personal Harm to You and Your Family:

Loss of Autonomy: You are robbed of your fundamental right to choose your own attorney. This decision should be yours alone, based on your own research and comfort level with a firm.
Increased Emotional Distress: The last thing you need while recovering from a traumatic injury is to be harassed by strangers. This predatory contact is an invasion of your privacy that adds immense stress and anxiety to an already devastating situation.
Financial Injury: Being locked into a contract with an unqualified firm can ultimately cost you hundreds of thousands of dollars in compensation that you rightfully deserve for your medical bills, lost income, and suffering.

Know the Difference: Legal Advertising vs. Illegal Barratry

It is important to understand the bright line that separates ethical marketing from illegal solicitation.

Legal & Ethical Advertising

What it looks like: TV commercials, radio ads, billboards, websites, and search engine ads.
The key principle: The communication is public and directed at a general audience. The law firm provides information, and you, the potential client, must initiate the contact. The power is entirely in your hands to decide if and when to call.

Illegal & Unethical Barratry

What it looks like: A phone call, text message, email, or social media message you did not request, specifically referencing your recent accident. An uninvited knock on your door from a “legal representative.”
The key principle: They initiate direct, unsolicited contact with you. They are actively pursuing you, often using illegally obtained information and high-pressure tactics.

The Golden Rule: A reputable, ethical lawyer or law firm in Texas will never contact you out of the blue after an accident.

Penalties for Barratry and Remedies for Victims

Texas law treats barratry as a serious offense with significant consequences for the perpetrators and powerful remedies for the victims.

Criminal Penalties for the Solicitor:

A first-time barratry offense is a Class A Misdemeanor, punishable by up to a year in jail and a fine.
A subsequent offense is a third-degree felony, carrying a potential prison sentence.

Your Rights as a Victim of Barratry:

You are not powerless against these predators. Texas law allows you to file a civil lawsuit against the lawyer, the lead-generation company, and anyone else involved in the illegal solicitation scheme. You can seek:

A $10,000 statutory penalty for each illegal communication.
Recovery of any actual financial damages you suffered as a result of the scheme.
Payment of your attorney’s fees for having to bring the barratry lawsuit.

What to Do If You Are a Victim of Barratry

If you are being harassed by unsolicited callers after an accident, here are the steps you should take to protect yourself:

Do Not Engage and Do Not Sign Anything. Do not provide any personal information. Do not answer their questions. If they call, hang up. If they text, block the number. If they come to your door, do not let them in. Under no circumstances should you sign any contract or document they present.
Document Everything. Keep a record of the illegal contact. Save screenshots of text messages. Write down the caller’s name, phone number, and the law firm they claim to represent. Note the date and time of the contact. This documentation is crucial evidence.
Report the Conduct. File a formal complaint with the Chief Disciplinary Counsel’s Office of the State Bar of Texas. This is the official agency responsible for investigating and prosecuting attorney misconduct, including barratry.
Consult with an Ethical Law Firm of Your Choosing. Your primary focus should be on your recovery and your injury claim. Speak to a qualified attorney whom you found through your own research or a trusted referral. You can also discuss your rights regarding a potential civil claim against the individuals and companies who illegally solicited you.

Upholding the Integrity of the Legal Profession

The legal profession has a solemn duty to act with integrity and to protect the public. Barratry is a profound betrayal of that duty. At Will Adams Law Firm, we are committed to upholding the highest ethical standards.

We believe our clients in the Katy area and across Texas deserve to be represented by attorneys they choose based on trust, experience, and a proven record of success—not by a firm that has to break the law just to get clients.

Your choice of an attorney is one of the most important decisions you will make after a serious injury. It should be a deliberate choice, not a reaction to fear and pressure.

If you have been injured in an accident and want to understand your legal rights in a professional, no-pressure environment, contact the Will Adams Law Firm today at (281) 371-6345. We are here to provide a confidential consultation to help you make an informed decision that is right for you and your family.