You’re still trying to process what just happened when your phone lights up. A stranger says they heard about your accident. Another offers to “help” you get compensation. It can feel like they swoop in before you’ve even had time to think.
This is illegal solicitation.
At True Law Firm in San Antonio, we believe you deserve control when choosing legal representation. The law agrees, and it provides meaningful consequences for those who violate it. Here’s what you need to know about illegal solicitation, the penalties, and how you are protected.
What is illegal solicitation?
Illegal solicitation refers to situations where a lawyer, or someone acting on their behalf, contacts you about legal representation before you reach out first.
In Texas, this practice is often tied to what’s known as barratry.
Under Texas Penal Code § 38.12, barratry is a criminal offense. It includes using third parties, often called case runners, to approach accident victims or grieving families and steer them toward a law firm. These individuals may call, text, message you, or show up in person.
Texas law goes even further. Under Texas Government Code § 82.0651(c), any legal-services contract obtained through this kind of illegal solicitation may be voidable at your option. That means you have the right to walk away from an agreement that started this way.
In addition, the law allows victims of illegal solicitation to pursue civil remedies. This can include recovering damages, attorneys’ fees, and statutory penalties. In some cases, those penalties can reach up to $50,000 per violation, per person involved.
Why personal injury lawyers can’t contact you after an accident
It protects your right to choose freely
After an accident, you should be able to decide who represents you without any pressure. Unsolicited outreach interferes with that process by pushing you toward a specific firm before you’ve had time to research or reflect. The law exists to protect your independence.
It prevents exploitation during vulnerable moments
Accidents often leave you physically, emotionally, and financially shaken. That makes you more susceptible to influence. Laws against solicitation prevent anyone from taking advantage of that moment by rushing you into a legal agreement you may not fully understand.
It discourages high-volume, low-quality representation
Firms that depend on illegal solicitation often operate on volume. They need a constant stream of cases to justify the cost of acquiring clients this way. That can lead to rushed settlements, minimal attention to detail, and a lack of personalized strategy. Law firms that rely on illegal solicitation rarely, if ever, serve your true best interests.
It protects the integrity of your case
How your case begins can influence how it’s handled. If it starts with questionable practices, there’s a significant risk that corners may be cut later. The law aims to ensure that your case is built on a solid, ethical foundation from day one.
How to choose the right attorney the right way
The right attorney doesn’t find you: you find them.
Start by researching firms with a strong reputation in your area. Look at reviews, case results, and experience in handling cases like yours. When you reach out, pay attention to how they communicate. Are they listening to you? Are they explaining your options clearly?
You should feel informed, respected, and in control of the decision. A good attorney will take the time to understand your situation and develop a strategy tailored to your needs.
Legal remedies available to victims of barratry
If you’ve been contacted through illegal solicitation, the law gives you options to take action and hold the responsible parties accountable. Depending on your situation, you may be entitled to pursue the following remedies:
- Void the contract: Cancel any agreement signed as a result of illegal solicitation, with no obligation to continue representation.
- Recover statutory damages: Pursue financial penalties that may reach up to $50,000 per violation, per person involved.
- Seek actual damages: Recover compensation for any financial losses caused by the illegal conduct.
- Obtain attorneys’ fees and court costs: Hold the violating party responsible for the legal expenses required to enforce your rights.
- Pursue claims against all responsible parties: Take action not only against the lawyer, but also any case runners or third parties involved in the solicitation
Get help from a firm that puts you first
At True Law Firm, we believe representation should start with trust, not a cold call, text, or unexpected visit. We don’t chase clients or rely on middlemen. We earn your trust by being accessible, transparent, and committed to your outcome.
We also actively represent individuals who have been targeted by illegal solicitation. If you were contacted after an accident, you may have the right to void any agreement and pursue compensation, including statutory penalties and other damages under Texas law.
If you’ve been contacted after an accident and aren’t sure what to do next, you have options. Reach out to True Law Firm for a straightforward conversation about your situation and a free case evaluation, on your terms and at your pace.
