Barratry - An illegal, unethical practice

November 21, 2024
(832) 592-1108

This is a public service announcement. Wham & Rogers, PLLC does not handle barratry cases.

If you are in an auto accident, you will likely begin to receive multiple phone calls from people wanting to “help you” with your accident claim.

These people may claim to be from the State of Texas, from non-profit organizations, the police, or may simply say they were “assigned to help you”. You may even be told that the caller "can get you $50,000."

Please know these free services do NOT exist. Instead, you are being contacted by unethical people who have purchased your information and will sell your case to unscrupulous lawyers. The State of Texas does not contact you to help you with an accident, and there are no non-profits whose function is to help you after an accident. No one is assigned to "facilitate" your health care or
property damage claim.

These callers are with solicitation companies. Their job is to trick you into retaining the law firm they are working for. This practice is unethical and illegal – it is the crime of barratry.

Why shouldn't I hire a lawyer who calls me?

If you sign up with one of these scammer companies, you will likely be referred to an unethical attorney whose business model is geared to make a quick profit from your misfortune with the quickest, cheapest settlement obtainable.

Our firm has received phone calls from multiple victims of these scams who were never able to speak with the attorney supposedly “appointed” to represent them, others who were very unhappy with the settlement they received, and even others whose settlement checks bounced.

How are these scammers obtaining my information?

Scammers can acquire your contact information when you or someone else calls 911 after an accident. Tow truck driver, EMS workers, police insiders, medical workers and funeral homes have all been caught selling accident victims' information to scammers.

There are many third-party accident report sites that will sell your information to scammers. Government sites will not sell your information. We recommend you order your crash report from a .gov site, not a .com or .org site.

How can I avoid becoming a victim of a barratry scam?

The only legitimate caller to expect after the accident is an insurance company. If the caller is really with the insurance company they will be able to provide you with a claim number and the name of an adjuster. We recommend you talk with an attorney before providing a statement to the insurance company.

Do not hire a lawyer who calls you,  because contacting potential clients unsolicited is an illegal and unethical practice. You do not want to be represented by an attorney who engages in illegal, unethical conduct.

To avoid being contacted again, tell them you already have an attorney and block their calls.

How do I report an instance of barratry?

A person commits barratry if, with intent to obtain economic benefit, the person solicits legal employment, in person or by telephone. Texas law allows victims of barratry to collect a $10,000 penalty for each illegal solicitation. Victims are entitled to actual damages and attorney’s fees. 

Call the State Bar's toll-free Grievance Information Helpline (1-800-932-1900) to report the solicitations. If you decide to pursue a claim for barratry, gather as much information about these callers as you can, the callers, the lawyers, the doctors. Record the calls, take photos or screenshots of the Caller ID, and provide it to a lawyer who handles barratry claims.

This is a public service announcement. Wham & Rogers, PLLC does not handle barratry cases.
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The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 

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