Can Lawyers Solicit Clients After An Accident In Texas?
|
No, Texas lawyers generally cannot solicit accident victims directly through phone calls, texts, or in-person visits, and unsolicited written communications about a specific incident are barred within 30 days of the accident under Texas law. Direct solicitation of this kind violates Texas Penal Code § 38.12 (barratry) and Texas Disciplinary Rule of Professional Conduct 7.03, and can carry criminal penalties, recovery of money penalties, and bar discipline. |
Your phone rings twelve hours after the crash, and somehow, a lawyer already knows your name. That kind of timing isn’t a coincidence, and it isn’t legal either. So, can lawyers solicit clients after an accident in Texas?
Generally, no. Texas law bars attorneys and their representatives from directly contacting accident victims by phone, text, or in-person visits, and unsolicited written communication about a specific incident is off-limits for the first 30 days following the incident. Violating these rules can amount to criminal barratry, put an attorney’s license at risk, and leave the victim with grounds to void any resulting contract and pursue civil damages.
This article draws on Ross Sears’ experience holding attorneys accountable to walk through exactly what illegal solicitation looks like, what the law allows firms to do instead, and what options accident victims have if they’ve already been contacted the wrong way.
Why are lawyers calling me after an accident?
Lawyers or their representatives are calling you after an accident because they obtained your information through improper channels, such as police reports, hospital staff, tow truck operators, or paid “runners” who tip off firms to new accident cases. If you’re getting these calls, it’s a sign someone broke the rules to get your name; it is NOT a sign that the firm is looking out for you or your family’s best interest.
The best attorneys, the ones you want to hire for your case, generally do not commit barratry. The bad lawyers, who can’t get cases through any other means, or who care more about making money than following the law or looking out for their clients, are the ones who will be calling you. Or they hire and pay other people to contact you and then “refer” you to the crooked lawyer.
A few things worth understanding about these calls:
- Information gets sold or leaked: some firms (the crooked ones) pay people with access to accident reports, hospital records, or towing logs for early tips on new cases
- Speed is the business model: firms soliciting illegally are often racing to lock in a client before the client has time to hire a qualified and ethical attorney
- The call itself is the red flag: legitimate attorneys wait for you to reach out first; they don’t chase down victims within hours of a crash to take advantage of you at your weakest moment
- Pressure tactics are common: illegal solicitors (nurses, doctors, chiropractors, ambulance and tow truck drivers, etc.) often create urgency, implying you’ll lose evidence or miss a deadline if you don’t sign immediately
- It can compromise your case: a contract signed as a result of illegal solicitation may be voidable, which can complicate a claim down the line if it’s not caught early
If you’ve received one of these calls, the safest move is to avoid engaging and instead reach out to an attorney of your own choosing, on your own timeline.
Please note: get the names and numbers of everyone who contacted you without you contacting them first. This is important because the law allows you to sue for money (up to $50,000.00) anyone who contacted you illegally. There are lawyers in town who will take your barratry case and go sue the attorneys or “case-runners” who tried to get you to sign up with their attorney even if you did not sign a contract with them.
Help us clean up the legal profession by taking down the names and numbers of anyone who contacted you without your permission. Then let Sears Crawford, or some other firm, sue those criminals for preying on you at a time when you need a “helping hand”, not a hand in your pocket trying to harm you or take your money.
What are the rules for lawyer solicitation in Texas?
Texas attorney solicitation rules generally prohibit lawyers from directly contacting accident victims to solicit their business, whether by phone, text, in-person visit, or targeted written communication within 30 days of the incident. These restrictions come from both the Texas Penal Code and the Texas Disciplinary Rules of Professional Conduct, and they apply to attorneys as well as anyone acting on their behalf. Below is a closer look at what these rules actually cover.
Barratry in Texas
Barratry in Texas refers to the criminal offense of soliciting clients through improper means, such as paying a non-lawyer to identify or approach accident victims on a firm’s behalf. A first offense is a Class A misdemeanor, and repeat violations escalate to a third-degree felony. The law exists specifically to keep injured people from being pressured into a decision while they’re still recovering from a traumatic experience.
Restrictions on direct contact
Under Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct, attorneys and their representatives cannot:
- Call or visit in person: contacting someone known to have been in an accident to solicit them as a client is a rule violation, with limited exceptions
- Use a non-lawyer to solicit: having a “runner” or third party make contact on the firm’s behalf is also prohibited
- Send targeted written solicitations too soon: unsolicited letters or messages about a specific accident are barred within the first 30 days
The 30-day rule for written communication
Even compliant written solicitations have limits. Any letter or mailer referencing a specific accident must wait out the 30-day window, follow Texas disciplinary rules on required disclosures, and cannot be sent if the recipient has indicated they don’t want to be contacted.
Civil and disciplinary consequences
Violating these rules exposes an attorney to more than one type of consequence:
- Criminal penalties: barratry convictions can mean fines and, in repeat cases, prison time
- State bar discipline: attorneys who violate solicitation rules risk suspension or disbarment
- Civil liability: victims may be entitled to void any contract that they signed with the crime-committing lawyer, recover attorney’s fees, and collect statutory damages, up to $50,000.00 from each person involved in the criminal contact
Advertising versus solicitation
None of this prohibits legal advertising. Firms can still run ads, billboards, and marketing campaigns, since the key distinction is who initiates contact. An attorney becomes an ambulance chaser the moment they or their representative reach out to a specific victim first, rather than waiting for that injured person to make the initial call.
Why are lawyers not allowed to solicit?
Lawyers aren’t allowed to solicit accident victims because the law is designed to protect people at one of the most vulnerable moments of their lives, not to protect a firm’s ability to compete for clients. Someone who was just in a crash or other similar injury incident, is often injured, in shock, or focused entirely on medical care, which makes them an easy target for pressure tactics from crooked lawyers and their helpers. Texas built these rules to make sure your vulnerability doesn’t get exploited.
A few reasons the restrictions exist:
- Protecting decision-making: injured people need time to think clearly, not a salesperson calling within hours of the crash
- Preventing exploitation of a captive audience: hospitals, tow yards, and accident scenes give bad actors access to people who can’t easily say no
- Preserving trust in the legal profession: an attorney-client relationship built on a paid tip or a pushy phone call undermines the trust the system depends on
- Stopping predatory referral networks: banning solicitation cuts off the incentive for runners, medical staff, or tow truck drivers to sell victim information
- Giving victims real freedom of choice: the goal is for someone to pick their attorney on their own terms, not because that attorney got to them first
At its core, the rule exists so that hiring a lawyer stays the injured person’s decision, made when they’re ready, not by crooked lawyers, who refuse to follow the law, to the detriment of the client.
What should I do if a lawyer solicits me after an accident?
If a lawyer or their representative contacts you first after an accident, the safest move is to avoid engaging, but document what happened (get their name, phone number or business card), and reach out to an attorney on your own terms rather than the terms someone else set for you. Acting quickly can also protect you if you’ve already signed something under pressure.
Document the contact
Write down as much as you can while it’s fresh:
- Who reached out: name, firm, and phone number of whoever contacted you
- How they reached you: phone call, text, in-person visit, or letter
- When it happened: date and time, especially if it was within days of the accident
- What they said: any promises, pressure tactics, or claims about your case
Don’t sign anything on the spot
Illegal solicitors often push for a signature immediately, using urgency as leverage. Take time to review any agreement, and don’t feel obligated just because someone reached out first.
Report the solicitation
You can file a complaint with the State Bar of Texas, and in more serious cases, local law enforcement or the district attorney’s office. Reporting protects the next accident victim that firm targets.
Know your options if you already signed
If you already signed with a firm that solicited you illegally, the contract may be voidable, and many firms operate under a lawyer refund policy or fee-return arrangement in situations where a contract is challenged or set aside. This is exactly the kind of dispute that requires attorneys that sue attorneys, since untangling a bad contract, recovering fees, or pursuing damages against the soliciting firm takes someone with direct experience holding lawyers accountable rather than a general practice attorney.
If you believe you were solicited illegally after an accident, talking to an attorney with a track record in cases against other lawyers can help you understand exactly where you stand.
FAQs
Is it illegal for a lawyer to text me after a car accident?
Yes. Texas treats an unsolicited text the same as a phone call or in-person visit for solicitation purposes, meaning an attorney or their representative cannot text you to solicit your business, during the prescribed window of time, after an accident. This applies whether the message comes directly from the lawyer or from a third party working on the firm’s behalf.
How long do I have to wait before an attorney can contact me after an accident?
There’s no waiting period required for you to contact an attorney, but firms are barred from sending unsolicited written communication about your specific accident for the first 30 days. Direct contact by phone or in person is restricted well beyond that, since attorneys generally cannot initiate that kind of outreach at all.
Can I get out of a contract if I was solicited illegally?
Yes, in many cases. A contract entered into as a result of illegal solicitation, such as barratry, may be voidable, and you could also be entitled to recover fees, money damages, or statutory penalties. An attorney experienced in cases against other lawyers can review your specific situation and outline your options.
Think a lawyer crossed the line? Talk to Ross Sears today.
If you were contacted first after an accident (before you contacted them), pressured into signing quickly, or suspect improper solicitation and barratry may have played a role in how you ended up with your current attorney, you don’t have to figure out what comes next on your own. So, can lawyers solicit clients after an accident in Texas? The answer is generally no, with some exceptions, and if it happened to you, that violation may give you real options, from voiding a bad contract to pursuing damages against the firm responsible.
Ross Sears is undefeated at trial in legal malpractice cases and cases filed against attorneys (100% success rate at trial), and that track record comes from years spent holding attorneys accountable for misconduct like this. Contact us at (713) 223-3333 to talk through what happened and find out where you stand.
More Helpful Articles by Sears Crawford:
