The term “ambulance chasing” conjures images of unscrupulous attorneys pursuing accident victims at hospitals and crash scenes. Yes, ambulance chasing by a lawyer is illegal in Texas and most other states, with severe penalties for violations. These laws exist to protect vulnerable people from predatory legal practices during their most difficult moments.
If you’ve been approached by an attorney or their representative immediately after an accident, you may be dealing with illegal solicitation. Choosing the right lawyer for your claim requires understanding these laws and recognizing legitimate legal representation from prohibited practices.
What Constitutes Ambulance Chasing Under Texas Law
Texas law strictly defines and prohibits solicitation by attorneys and their representatives. Under Texas law, lawyers cannot contact accident victims or their families to solicit legal services. This includes phone calls, in-person visits, letters, emails, and any other form of direct communication.
The prohibition extends beyond attorneys themselves to include their employees, agents, and anyone acting on their behalf. This means law firms cannot hire runners or case collectors to approach potential clients at hospitals, accident scenes, or their homes during the restricted period.
Texas law also prohibits attorneys from paying referral fees to non-lawyers who bring them cases. This prevents the creation of networks where tow truck drivers, medical personnel, or other individuals receive payment for directing accident victims to specific law firms.
Third-party advertising companies that sign clients to attorney contracts without the attorney’s direct involvement also violate these rules. These operations often target vulnerable accident victims with aggressive tactics, having them sign legal contracts before they fully understand their situation.
Penalties for Violating Solicitation Laws in Texas
Texas takes ambulance chasing violations seriously, with substantial penalties designed to deter this predatory behavior. The state recently increased fines from $20,000 to $50,000 per violation, reflecting lawmakers’ commitment to protecting accident victims from illegal solicitation.
These fines apply to each individual case of improper solicitation. An attorney caught soliciting five different accident victims could face up to $250,000 in penalties. The State Bar of Texas may also impose additional disciplinary actions, including license suspension or revocation.
Criminal charges may also apply in severe cases. Attorneys who engage in barratry, which includes persistent solicitation and stirring up litigation, may face felony charges punishable by fines and imprisonment.
Insurance companies and other businesses that participate in illegal referral schemes also face penalties. The comprehensive enforcement approach targets all participants in ambulance chasing operations, not just the attorneys who ultimately represent clients.
How to Identify Legitimate Legal Services
Legitimate attorneys follow ethical guidelines when marketing their services and communicating with potential clients. Reputable lawyers advertise through websites, television, radio, and print media rather than directly soliciting accident victims during their recovery period.
Ethical attorneys allow you to contact them first after seeing their advertisements or receiving referrals from friends, family, or other professionals. They don’t show up uninvited at your hospital room, home, or accident scene.
Quality legal representation involves transparent fee structures and clear explanations of your rights and options. Legitimate lawyers provide free consultations where you can ask questions and evaluate whether they’re right for your case without pressure or time constraints.
Professional attorneys maintain proper licensing and standing with the State Bar of Texas. You can verify an attorney’s credentials and check for disciplinary actions through the State Bar’s website before making any commitments.
Why These Laws Protect Accident Victims
Ambulance chasing laws serve important purposes in protecting vulnerable people during traumatic times. Accident victims often suffer physical injuries, emotional trauma, and financial stress that impair their ability to make informed decisions about legal representation.
The 30-day waiting period gives victims time to focus on medical treatment and recovery before dealing with legal matters. This cooling-off period prevents attorneys from taking advantage of people when they’re most vulnerable and least able to evaluate their options objectively.
These laws also promote fair competition among attorneys by preventing aggressive solicitation tactics that favor unscrupulous lawyers over ethical ones. Clients benefit when attorneys compete based on their qualifications, experience, and reputation rather than their willingness to engage in prohibited practices.
The prohibition on referral fees to non-lawyers prevents the creation of networks that prioritize quick client acquisition over appropriate legal representation. This ensures accident victims connect with attorneys based on their legal needs rather than business arrangements between lawyers and third parties.
Contact Rose Knows Law PLLC for Ethical Legal Representation
If you’ve been injured in an accident, you deserve ethical legal representation from attorneys who follow all professional rules and regulations. We never engage in ambulance chasing or any other prohibited solicitation practices. Instead, we focus on providing quality legal services to clients who choose to contact us.Dale knows how to get results for your case because he knows how both sides should be evaluated, not just one side. We are not a large firm where your case becomes just another file handled by an associate attorney or case manager. You will work with Dale on all aspects of your case to keep you informed and involved throughout the process. With more than 37 years of combined experience, our approach gives you the benefit of knowledge and experience. Call (972) 634-ROSE (7673) or visit our contact page to schedule your free consultation.
