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Our Practice Areas

Barratry & Solicitation

If They Contacted You Without Your Request, It May Be Illegal

Barratry — sometimes referred to as ambulance chasing or case trafficking — is illegal under Texas law. If an attorney, a law firm, or a stranger solicited you after an accident, Malone Legal Group can help you recover up to $50,000 per violation. Serving Lubbock, Midland, Odessa, and all of West Texas.

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WHAT YOU NEED TO KNOW ABOUT

West Texas

Barratry & Solicitation Attorneys

Barratry — sometimes referred to as ambulance chasing or case trafficking — is illegal under Texas law. If an attorney, law firm, or stranger contacted you after an accident without your request or prior relationship, you may have legal rights.

In certain circumstances, Texas law allows individuals targeted by illegal solicitation to recover statutory penalties that can reach up to $50,000 per violation, along with damages and attorney’s fees.

Malone Legal Group represents individuals throughout Lubbock, Midland, Odessa, Wichita Falls, and West Texas who believe they were targeted by improper solicitation practices.

You chose us. We didn’t chase you.

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What You Need to Know About barratry & Solicitation in West Texas

If you were recently injured in an accident and began receiving unexpected phone calls, text messages, or visits from an attorney, law firm, or stranger you never contacted, you may have been the target of illegal solicitation.

Under Texas Penal Code § 38.12, barratry is a criminal offense. Texas Government Code § 82.0651 also provides civil remedies to individuals who were unlawfully solicited.

Barratry can occur when someone:

  • Contacts you directly to offer legal services without your request
  • Pays or receives compensation for referring legal cases
  • Uses intermediaries to steer you toward a particular lawyer
  • Obtains accident report information for improper purposes
  • Solicits through electronic communications, including direct messages

Not every advertisement or communication constitutes barratry. However, if you were contacted personally and did not initiate that contact, the situation should be evaluated carefully.

Common Solicitation Tactics

Our clients frequently report:

  • Unsolicited phone calls or text messages referencing specific accident details
  • Individuals offering incentives in exchange for signing paperwork
  • Social media direct messages offering legal representation
  • Pressure tactics urging immediate signature of contracts

If someone contacts you and you did not request their services, that is a red flag.

What To Do If You Suspect Illegal Solicitation

If you believe you were improperly contacted:

  • Do not sign any agreement until you understand your rights
  • Preserve all communications, including texts, voicemails, and emails
  • Collect identifying information about the caller
  • Avoid alerting the solicitor while you gather information
  • Contact an attorney to evaluate the situation

How Malone Legal Group Can Help

When appropriate, we:

  • Investigate the origin of the contact
  • Preserve and document evidence
  • Seek to void contracts obtained through unlawful solicitation
  • Pursue statutory penalties and available damages when supported by the facts and applicable law
  • Seek recovery of fees or payments made under improper agreements

We handle these matters on a contingency fee basis. You pay no upfront fees.

Barratry & Solicitation FAQ's
How much money can I recover in a Texas barratry claim?

Recovery depends on the specific facts and applicable law. In certain circumstances, Texas law provides statutory penalties that may reach up to $50,000 per violation, in addition to potential damages and attorney’s fees.

Can I file a claim even if I did not hire the solicitor?

In many situations, yes. Legal rights may exist even if you did not sign a contract. Each case must be evaluated individually.

Is all attorney advertising illegal?

No. Legitimate advertising is permitted under Texas law. Barratry involves improper direct solicitation without request or prior relationship.

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Disclaimer

This page is for informational purposes only and does not constitute legal advice. Not every unsolicited contact constitutes barratry. Whether a violation occurred depends on specific facts and applicable law.