Beware of Barratry in Texas
Report Unsolicited Calls Here!
Barratry in Texas: The Lawyer Solicitation Scam Costing Injury Victims Their Rights
If you’re contacted out of the blue by a lawyer or someone saying they’re with an insurance company and they try to pressure you to sign forms or insist you can only use a specific legal firm, it isn’t just suspicious. It’s illegal. In Texas, this practice is called barratry.
Barratry is a scam, and it’s more common than most people realize. Unethical lawyers or their associates try to prey on vulnerable accident victims, often pretending to represent a legitimate party. Don’t fall for it. You always have a choice when selecting a lawyer. No one has the right to pressure you into working with someone you didn’t seek out.
At Braker White, we believe in protecting our community by helping you understand how this scam works and how to avoid becoming a victim of barratry in Texas.
Key Takeaways
- Barratry is illegal in Texas and involves a lawyer or their representative contacting you without your request.
- Scammers often pretend to be from your insurance company or offer legal help right after an accident. This is a major red flag.
- Ignore calls or messages from lawyers, clinics, or insurers you didn’t contact yourself.
- You have the right to choose your own legal and medical providers.
- Victims of barratry can report the incident and may be eligible for up to $10,000 in statutory damages under Texas law.
- A trustworthy lawyer will never cold-call, pressure, or chase you. They’ll wait for you to reach out when you’re ready.
Table of Contents
What Is Barratry?
Barratry is defined under Texas Penal Code §38.12 as the illegal and unethical act of soliciting legal business without prior contact or consent from the potential client. In other words, barratry happens when a lawyer or someone working on their behalf reaches out to you first to try to convince you to hire them, usually after you’ve been in a car accident, suffered an injury, or experienced a traumatic event.
This kind of behavior is not only unethical, it’s a criminal offense in Texas. It undermines public trust, takes advantage of vulnerable people, and violates the rules that are meant to ensure fairness and integrity in the legal profession.
Some examples of barratry include:
- A lawyer calling you or texting you after an accident without you ever contacting them
- Someone showing up at your hospital room or home claiming to represent a lawyer
- Receiving a message from someone claiming to be with your insurance company but pushing you to use a specific law firm or clinic
These tactics are designed to pressure you into making quick decisions, often before you’ve had a chance to understand your rights or options.
Not All Legal Advertising Is Barratry
It’s important to understand that not all lawyer outreach is illegal. You may see law firms advertise on TV, billboards, buses, social media, or online searches. This is legal and ethical as long as the advertisement is public and informational.
The difference comes down to who initiates the contact.
- If you see an ad and choose to contact the lawyer, that is your decision and it's entirely legal.
- If a lawyer or their representative reaches out to you first, especially without your permission, that is barratry and may be punishable by law.
Legitimate law firms do not cold-call accident victims. They don’t send people to your home, offer money for cases, or pressure you to sign paperwork right after a crash. If that’s happening to you, you may be the target of a scam.
How Barratry Scams Work in Texas
Barratry scams are designed to take advantage of injured people who may not know their rights. Some common tactics include:
- Unsolicited phone calls or texts from “lawyers” or “case managers” offering legal help or medical referrals.
- In-person visits to your home or hospital from people pretending to represent a law firm or insurance company.
- Scare tactics, such as claims that you won’t receive coverage unless you work with their recommended lawyer.
- False urgency, pressuring you to sign documents immediately after an accident.
These methods are illegal and unethical. Unfortunately, they happen far too often. In the aftermath of an accident, victims are often overwhelmed, in pain, or dealing with emotional trauma, making them prime targets for bad actors who exploit their vulnerability. What may seem like a helpful gesture from a so-called "representative" is often a calculated attempt to hijack your legal rights for someone else’s profit. That’s why it’s so important to know the signs, trust your instincts, and take the time to choose a lawyer you trust.
You Always Have a Choice: Don’t Fall for the Lies
Scammers will often claim you must use a certain lawyer, clinic, or service or risk losing your benefits. This is absolutely false.
In Texas, you have the full right to choose who represents you and who treats you.
You should never:
- Sign any paperwork from someone you didn’t contact first
- Allow a stranger to “file a claim” or “start a lawsuit” on your behalf
- Feel rushed or pressured to make legal decisions
A trustworthy attorney will never reach out to you unsolicited. They will be there when you’re ready to reach out, ask questions, and choose what’s best for you.
What to Do If You’re Contacted Without Your Permission
If you’re contacted out of the blue by someone claiming to be a lawyer, insurance agent, or medical provider—and you didn’t reach out to them first—proceed with caution. This kind of contact is a major red flag and may be a sign that you’re being targeted by a barratry scam.
Here’s what you should do:
- Don’t engage. Hang up the phone, don’t respond to the message, or ask the person to leave. Do not provide any personal or case-related information.
- Do not sign anything. Signing documents, even if they seem harmless, could unknowingly bind you to a contract or authorize legal action without your full understanding.
- Document everything. Take screenshots of texts, save voicemails, and write down names, phone numbers, or any identifying details. This information can be useful if you choose to report the incident.
- Report the contact. You can file a complaint with the State Bar of Texas or notify law enforcement. Reporting helps stop these illegal practices from continuing. In some cases, you may be eligible for a monetary reward. Texas law allows for a $10,000 penalty to be recovered from attorneys found guilty of barratry.
- Consult a reputable law firm on your own terms. If you need legal help, seek out a law firm you trust. Research their reputation, look at client reviews, and reach out when you’re ready.
Remember, a trustworthy attorney won’t track you down or pressure you into hiring them. They’ll respect your right to make an informed choice and will be available to answer your questions when you decide to reach out.
What Happens to Lawyers Who Commit Barratry in Texas?
Texas takes barratry seriously. Attorneys caught illegally soliciting clients can face:
- Class A misdemeanor charges for a first offense
- Third-degree felony charges for repeat offenses
- Civil penalties, including:
- Return of legal fees paid
- Up to $10,000 in statutory damages
- Additional compensation for any harm caused
How to Know If You’re a Victim of Barratry
You might be a victim of barratry if:
- A lawyer or their associate contacted you directly after an accident
- You were promised money, favors, or medical care in exchange for signing up
- You were told you had no choice in your legal representation
- Someone filed a legal claim on your behalf without your consent
If any of the above happened to you, you should report the contact and speak to an ethical attorney to get your case back in your hands.
How to Choose a Legitimate, Ethical Lawyer
Choosing the right lawyer after an injury can feel overwhelming, especially when you’re bombarded with messages or advice from people you don’t know. But finding a legitimate, ethical attorney is one of the most important steps in protecting your rights and your future.
Look for a lawyer who:
- Lets you initiate contact. A trustworthy attorney won’t show up uninvited or cold-call you after an accident. They respect your space and your timeline.
- Answers your questions clearly and honestly. You should never feel confused or pressured during a consultation. A good lawyer will explain your options, your case, and their fee structure in plain terms.
- Has a proven record with legitimate personal injury cases. Check online reviews, client testimonials, and case results. Reputable attorneys are transparent about their experience and outcomes.
- Respects your time and your choices. You should never feel rushed or pushed into a decision. Your lawyer should act as your advocate, not a salesperson.
At Braker White, we’ve built our reputation by doing things the right way. We never solicit clients. We don’t pay for referrals. And we don’t make empty promises or pressure people to sign up. We believe legal help should be honest, accessible, and earned through trust—not manipulation.
If you're seeking legal representation after an injury and want guidance from a team that puts ethics and client care first, we're here to help when you’re ready.
Talk to a Trusted Texas Injury Law Firm
If you’ve been injured in an accident in Odessa, Midland, or elsewhere in West Texas and want to work with a law firm that believes in doing things the right way, Braker White is here to help. We understand how confusing and overwhelming the aftermath of an injury can be, especially when unethical actors try to take advantage. That’s why we go above and beyond to make sure every client who walks through our doors feels heard, respected, and in control.
When you choose Braker White, you’re choosing a team that:
- Values integrity over pressure tactics
- Focuses on real results, not empty promises
- Communicates openly, clearly, and honestly
- Puts your well-being and future first every step of the way
We’ll walk you through your legal options, help you understand your rights, and handle your case with professionalism and care. Whether you’re dealing with medical bills, lost wages, or long-term recovery, you can trust us to fight for the compensation you may be entitled to.
Your case. Your choice. Always.
Contact us today to schedule a free, no-pressure consultation.