What Is an “Ambulance Chaser” under Texas Law?
You’re barely out of the hospital, still processing the shock of your accident, when your phone rings. A voice on the other end promises to fight for your rights and maximize your compensation — but you never contacted them. How did they even get your number? You’ve just encountered what Texas law considers one of the most serious violations of legal ethics: an ambulance chaser, also known as Barratry, and it is a Felony.
Under Texas law, “ambulance chasing” or Barratry refers to the prohibited practice of improperly soliciting accident victims or their families for legal representation. State rules establish waiting periods before attorneys can contact accident victims, prohibit in-person or telephone solicitation in most circumstances, and ban the use of runners or “cappers” to drum up business. Violations can result in severe disciplinary action, including disbarment.
If you’ve been victimized by an act of Barratry or an ambulance chaser, Ross Sears is here to advise you on what you can do next.
What are ambulance chasers?
At its core, an ambulance chaser is an attorney or someone working with, or on behalf of an attorney, who engages in aggressive, unsolicited pursuit of potential clients who have recently suffered injuries or losses.
Rather than waiting for injured parties to seek legal counsel on their own terms, these lawyers or persons acting with or for the lawyer, actively hunt for cases through improper means — obtaining accident reports, hospital records, or police databases to identify victims. Some unscrupulous attorneys employ “runners” or “cappers,” third parties who are paid to deliver leads by visiting accident scenes, emergency rooms, or even funeral homes.
The Texas Disciplinary Rules of Professional Conduct specifically address this unethical behavior, recognizing that accident victims are particularly vulnerable to exploitation during times of trauma and stress. Ambulance chaser laws and Barratry laws exist to protect the public from predatory conduct and preserve the integrity of the legal profession.
In Texas, these regulations fall under the broader categories of improper solicitation and barratry — criminal offenses that can result in both disciplinary sanctions and criminal prosecution. Barratry is defined as the practice of stirring up litigation or soliciting legal business in violation of professional conduct rules. It’s not merely an ethical violation; it’s a crime that undermines public trust in the justice system and can lead to clients receiving substandard representation from attorneys more interested in volume than quality.
Is ambulance chasing illegal in Texas?
Yes, ambulance chasing is both illegal and unethical in Texas. Barratry in Texas has long been recognized as a serious offense, addressed through both criminal statutes and professional conduct rules.
The prohibition against ambulance chasing can be found in Texas Penal Code § 38.12, which makes barratry a crime, and Texas Disciplinary Rule of Professional Conduct 7.03, which establishes that such behavior violates the ethical standards all attorneys must follow. While attorneys are permitted to advertise their services through approved media channels, the law explicitly prohibits lawyers from soliciting clients in person or by telephone, or paying someone else — such as runners or cappers — to do so on their behalf.
If you believe you’ve been the victim of an ambulance chaser, you need to report that lawyer to the Texas State Bar, and possibly contact a lawyer that sues lawyers — legal malpractice attorneys who understand barratry claims and can hold unethical attorneys accountable.
What are the penalties for ambulance chasing?
The consequences for violating Texas rules are significant, both for the ambulance chaser attorney and for the legal profession as a whole. Anyone involved in the Barratry scheme is considered a co-conspirator and can be held liable for penalties up to $50,000.00 plus attorney’s fees. Attorneys who engage in barratry face potential criminal prosecution, disbarment, and civil liability. More importantly, Texas law provides powerful remedies for victims of improper solicitation.
Under Texas Government Code § 82.0651, if you were improperly solicited by an attorney, you have the right to void any contract you entered into as a result of that solicitation. Additionally, you can recover a $50,000 statutory penalty plus attorney’s fees. Notably, even if you did not sign a contract with the ambulance chaser, you still have a claim for the $50,000 penalty simply for being subjected to the improper solicitation.
Why should you contact an ambulance chaser attorney for your barratry claim?
Unlike typical personal injury cases, these claims involve suing another attorney — a process that requires understanding both the substantive law governing attorney conduct and the procedural nuances of bringing claims against members of the bar.
An experienced barratry attorney can help you:
- Evaluate whether you have a valid claim
- Understand your remedies and options
- Gather evidence and build your case
- Navigate the claims process
- Protect you from further exploitation
Because legal malpractice and barratry claims require specialized expertise, it’s crucial to work with an attorney who has a proven track record fighting against Texas ambulance chasers.
Think you’re a victim of improper solicitation? Hold that lawyer accountable.
If you’ve been the victim of an ambulance chaser, you don’t have to suffer in silence. Improper solicitation and barratry are serious violations that deserve serious consequences, and Texas law gives you the power to fight back.
Don’t let an unethical attorney take advantage of you during your most vulnerable moment. Find a legal malpractice attorney in Houston who understands the tactics ambulance chasers use and knows how to build strong cases to help recover maximum compensation for victims — and ask them to help you work through the aftermath.
While Sears Crawford does not typically take these cases, the Office of Chief Disciplinary Counsel in Houston can help you file a claim and move forward, and Ross Sears with Sears Crawford will help you find an attorney who does handle these types of claims. Contact Ross Sears if you want him to handle your Barratry case, or refer you to another attorney who handles these types of cases.
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