Adam Miller on KPRC: How Illegal Solicitation Works After a Houston Crash

Full Transcript

What Barratry Is

Derrick ShoreImagine this: you get in a car crash and then someone you’ve never met starts calling, texting, or even showing up trying to get you to sign with a lawyer. That’s called barratry — illegal solicitation — and it can happen fast after an accident. Joining us now is Adam Miller, The Texas Bulldog, with red flags to watch out for and what to do before you sign anything, along with McLovin, the mascot.

Derrick ShoreA lot of us here in Texas have heard of ambulance chasers — attorneys who show up hoping to get your case. After an accident we just don’t know what to do, so we might think this nice person is trying to help us. But illegal solicitation is just that: illegal.

Adam MillerThe people that call you up, the ambulance chasers, they’re also known as case runners. They will be very, very kind, very nice. They have wonderful names like “Houston Medical Group” — “we’re just trying to get you to the doctor.” They have names like “free accident estimates,” where they’re trying to help you with your car, and then they sell you real quickly: “Hey, you need a lawyer?” They will convince you of a lawyer, and they’ll send you a contract for that lawyer to sign.

Why You Should Never Sign

Derrick ShoreRight there on the spot — DocuSign. It comes by email and all it takes is one click and you’ve signed. You’re warning people not to do that.

Adam MillerHere’s my suggestion. If you get a telephone call from someone who wants to help you with the car accident, tell them you’re very busy right now and you’ll call them back in a few minutes. Sit down, think about it for a minute, get a tape recorder, because you want to record this conversation. If they text you or call you, they’re going to leave a mark on your phone. Make sure you take a picture of that.

Adam MillerThen when you get on the phone with them and you’re recording, you say: “Hi, you called me. What can you do for me? How can you help me?” And they’ll start to tell you — I’ll get you medical care, I’ll get you doctors, I’ll get your car fixed, I’ll get you money. They will promise you everything. But all they want is that signature, because once they get that signature on that contract, they will sell that contract to a lawyer who will pay them money. And that’s illegal.

Derrick ShorePeople think they’re getting the help they really need, whereas the person going after them just wants a cut of that bottom line.

Adam MillerThat’s what they want. And a lawyer’s not supposed to pay them, because we’re not allowed to share our fees with non-lawyers.

$10,000 If You Sign, $50,000 If You Don’t

Adam MillerWhen you get the contract, never sign it, because there’s a glitch in the Texas law. If you sign the contract, you can get up to $10,000. But if you don’t sign the contract, you can get up to $50,000.

Derrick ShoreSo if you’re in an accident and someone is coming after you — showing up at your front door, texting you, calling you — you could be entitled to up to $50,000?

Adam MillerAbsolutely. The other day I wrote a letter to a law firm and I said, “You owe my guy $50,000.” They called up: “Please don’t put us in the newspaper. Here’s $50,000.” And my client got 50.

Adam MillerI’ll tell you a funny story. I had one client who got six solicitation phone calls. He recorded everything, screenshotted everything, got the contracts for everything. This was back when it was only a $10,000 penalty, and we collected $60,000 for him on six different cases. When I got his police report, I found out he was at fault for the accident. He wasn’t going to get any money anyway. Those lawyers were soliciting him for a case he didn’t have — but they still had to pay.

Derrick ShoreSo this is separate from anything related to the accident?

Adam MillerUnrelated to your injury. This is a penalty to stop lawyers from behaving badly. And let me tell you why. What we’ve come to learn is that if your lawyer has to find you in the first part of your case, you may not be able to find that lawyer in the second half of your case, when he has your money. You’re starting off with an unscrupulous individual, and you’re going to get bamboozled at the end.

Telling the Good Lawyers From the Bad

Derrick ShoreThere are a lot of really good attorneys — it’s unfair to paint them all with a broad brush. What are some warning signs that the person you’re dealing with can’t be trusted?

Adam MillerWhen you find out the name of the attorney they recommend to you, the first thing you should do is search the web — their website or otherwise. But to be honest with you, if they call you, that’s not the attorney you want. Forty percent of all accident victims in car crashes in the city of Houston will get a telephone call.

Adam MillerIt is much better for you to pick a lawyer from the recommendation of family and friends who have used that lawyer before and have experience, or to look at reviews from the internet, or look at their website and see if they are the kind of lawyer you want. The last thing I would do is take a recommendation from someone who cold called me.

Exactly What To Do If It Happens To You

Derrick ShoreIf you’re in an accident, or you start getting unsolicited contact through texts, phone calls, or people showing up at your door — what do you do?

Adam MillerTake the phone call and listen. Tell them you’ll call them right back — you need a moment, and you need a moment to get ready to record them. When you record them, don’t ask “do you have a lawyer for me?” Ask them how they can help you. What are they offering? They will then sell you everything — they’ll tell you everything I need to know to bring a claim against them.

Adam MillerWhen you finish the recording, ask them to send you a contract for a doctor or a lawyer, and they will do that. Then print the contract. Don’t sign it. Do not sign anything. Print it, tell them you need to talk to your spouse, and then call me.

Adam MillerIf you’re interested in more detail, go to texasbulldoglaw.com under the barratry section and it will give you a list of how to collect evidence in a barratry case. I will tell you right now, we’re signing up about three or four of these every single week.

Adam MillerI just want to help Texans get good representation.

About McLovin

Derrick ShoreYou’re called the Bulldog. McLovin is not?

Adam MillerMcLovin’s the pitbull. I’m the bulldog. He’s the Texas Pitbull. There are two dogs in this house.

Derrick ShoreHe goes to court with you?

Adam MillerHe goes to court with me, he goes to dinner with me, he goes to football games with me. He goes everywhere. He’s a good boy. The first time I ever brought him to the office I gave everybody treats, so he makes his rounds and they all feed him a little something, and he says hello.