What is an Ambulance Chaser?
You may have heard the term “ambulance chaser” in reference to some lawyers. An ambulance chaser describes an attorney who is committing barratry. Barratry is generally the illegal and unethical solicitation of clients. While it is not illegal or unethical for attorneys to advertise through approved media, the law does not allow attorneys to solicit clients in person or by telephone or pay someone to do that for them.
What law prohibits ambulance chasing?
Barratry has long been a crime in Texas. The rules prohibiting “ambulance chasing” can be found in Texas Penal Code § 38.12 and Texas Disciplinary Rule of Professional Conduct 7.03. The penal code makes barratry a crime and the disciplinary rules, which apply to attorneys, make ambulance chasing unethical. Texas law permits a victim of improper solicitation to bring an action to void a contract procured by barratry and recover a $10,000 penalty and attorney’s fees. If you did not enter into a contract as a result of the improper solicitation, you still have a claim for the $10,000 penalty. This law can be found in Texas Government Code § 82.0651.
Why should you contact a malpractice attorney experienced in barratry claims?
Houston TX malpractice attorneys who are experienced in barratry claims can help you understand whether you have a claim and what you should expect to receive as a remedy. If your case fits the criteria for a barratry claim, then we can represent you in the claims process. We will help you understand what options are available and provide advice about the best option to pursue.
Because legal malpractice is a complex area of the law, it is important to work with a legal malpractice law firm in Houston that has experience handling legal malpractice and barratry claims. The Kassab Law Firm has successfully pursued legal malpractice and barratry cases and we know what it takes. Contact us to schedule a consultation.