The new barratry law passed in Texas is bad news for ambulance chasers. Barratry, also known as ambulance chasing and case running, is a form of illegal solicitation. It has always been a felony in the state of Texas, but the new barratry law now creates a civil cause of action: this means victims of illegal case solicitation who do not sign a contract can now sue for up to $10,000 plus attorneys fees.
SECTION 2. Subchapter C, Chapter 82, Government Code, is amended by adding Section 82.0651 to read as follows:
For Those Who Signed a Contract
(a) A client may bring an action to void a contract for legal services that was procured as a result of conduct violating the laws of this state or the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas regarding barratry by attorneys or other persons. (b) A client who prevails in an action under Subsection (a) shall recover from any person who committed barratry:
For those Who Did Not sign a Contract
(c) A person who was solicited by conduct violating the laws of this state or the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas regarding barratry by attorneys or other persons, but who did not enter into a contract as a result of that conduct, may file a civil action against any person who committed barratry. (d) A person who prevails in an action under Subsection (c) shall recover from each person who engaged in barratry:
A lawyer, service provider, or health care provider who is willing to break the law by committing a felony or misdemeanor is also willing to ruin your case or take your money. Whether your case has settled or not, contact Thomas J. Henry to understand your legal rights.