If you were in a wreck and received an unexpected call, text, or visit from an attorney you never contacted, you likely experienced barratry firsthand, and you are far from alone. This practice, which involves the illegal solicitation of injury victims for legal representation, has become increasingly aggressive across Texas, targeting people at some of the most vulnerable moments of their lives. The good news is that Texas lawmakers have had enough, and the consequences for attorneys who engage in this behavior just got significantly steeper.
As of September 1, 2025, the civil penalty for barratry in Texas increased from $10,000 to $50,000 per violation under H.B. 4325, passed during the 89th Texas Legislature. If an attorney was involved in five illegal solicitations and got caught on every one, that exposure reaches $250,000 in civil penalties alone, not counting actual damages or attorney’s fees. At Dale R. Rose, PLLC, we believe injury victims deserve to choose their attorney freely and without pressure, and this shift in Texas law reflects exactly that principle. Our prior coverage on barratry and what it means for injury victims provides helpful background on how this conduct unfolds.
What Is Barratry and Why Does It Matter?
Barratry is the illegal solicitation of clients by attorneys, their agents, or third-party lead-generation companies, typically targeting people shortly after a wreck, injury, or other legal matter. Under Texas law, this conduct is both a criminal offense and a civil one, meaning a person who was illegally solicited may sue the attorney or company responsible and recover financial damages. The practice is sometimes called “ambulance chasing,” though in today’s environment it happens just as often through unsolicited texts, direct messages, and phone calls as through in-person contact.
What makes modern barratry particularly troubling is the involvement of third-party lead aggregators. These companies harvest contact information from accident victims, reach out under misleading pretenses, and sell the leads to law firms. Some go so far as to have victims sign attorney contracts before the client has even spoken with the lawyer. Knowing the red flags of unsolicited attorney contact after a wreck may help you recognize when something is not right.
What Changed Under H.B. 4325?
The Texas Legislature’s bill analysis for H.B. 4325 makes clear that the previous $10,000 civil penalty was considered insufficient to deter prohibited barratry, particularly for unsophisticated victims who may enter agreements without fully reviewing a contract. The updated law raises the civil penalty to $50,000 per violation and took effect September 1, 2025. Beyond the increased fine, a person who prevails in a barratry action may also recover the following:
- Actual damages: compensation for real financial harm caused by the illegal solicitation
- Attorney’s fees: reasonable legal costs incurred in bringing the barratry claim
- The $50,000 penalty: awarded per person found liable for the prohibited conduct
Together, these remedies make it meaningfully more costly for attorneys and lead-generation companies to exploit injury victims, and give those victims stronger tools to hold bad actors accountable.
What Should You Do If You Were Illegally Solicited?
If an attorney or their representative contacted you without your initiation after a wreck or injury, you may have grounds to pursue a barratry claim. Any contract signed as the result of illegal solicitation may also be voided, meaning you are not locked into representation you were pressured into accepting.
Start by documenting everything. Save any texts, voicemails, or written communications from the attorney or company that contacted you, and note the timing relative to your injury. Then speak with a personal injury attorney you chose on your own terms about whether a barratry claim makes sense in your situation. The difference between a TV advertising lawyer and a community attorney matters enormously in situations like these.
Choose Dale R. Rose, PLLC for Honest Representation
At Dale R. Rose, PLLC, no one will ever contact you unsolicited. Every client who works with us does so because they made a free, informed choice to reach out. Dale R. Rose has spent 37 years building a practice grounded in genuine client relationships, with over 165 first-chair jury trials and more than $18 million recovered for clients across North Texas. That kind of track record speaks for itself.
The firm offers free consultations and handles personal injury matters on a contingency fee basis, meaning you pay nothing unless we recover on your behalf. If you were hurt in a wreck or have questions about a potential barratry situation, reach out through our contact page to schedule your free consultation today.