Is It Illegal for a Lawyer to Solicit Clients in Texas?

Is it illegal for a lawyer to solicit clients in Texas – example of tow truck driver illegal solicitation at a Houston crash scene.

If you were in a car accident and someone randomly contacted you—at the scene, at the hospital, or through a phone call—you may have been a victim of illegal attorney solicitation. In Texas, this practice is called barratry, and it is a crime.

Unfortunately, many Houston drivers experience aggressive “runners,” tow truck drivers, or strangers pretending to help—only to pressure them into signing with a law firm they’ve never heard of.

At The Miller Law Firm, we help victims who were targeted through illegal solicitation fight back and protect their rights.

Key Takeaways:

It is illegal for any lawyer or representative to contact you after a crash unless you reached out first.

Texas Penal Code §38.12 makes barratry a criminal offense with penalties up to $50,000.

You can void the contract, report the firm, and recover compensation.

Illegal solicitation is common in Houston due to high crash rates.


Table of Contents


What Is Attorney Solicitation (Barratry) in Texas?

Attorney solicitation—also known as barratry—happens when a lawyer or someone working for them improperly contacts accident victims to pressure them into hiring that firm.

Texas Penal Code §38.12 makes it a crime to approach victims without permission. These cases often involve:

  • Tow truck drivers selling crash information to law firms
  • Strangers showing up at hospitals
  • People calling or texting victims after a wreck
  • Law firms paying “runners” to get clients

Read More Protect Yourself from Illegal Solicitation Understanding Texas Barratry Laws


Is It Illegal for a Lawyer to Solicit Clients in Texas?

Yes. It is absolutely illegal.

No attorney—or anyone working for them—is allowed to cold-call, show up in person, or pressure you into signing paperwork after an accident.

Examples of illegal solicitation include:

  • A tow truck driver telling you to “call this lawyer” (and getting paid for it)
  • Someone coming into your hospital room with forms
  • Receiving a text message from a firm you never contacted
  • Getting a surprise phone call minutes or hours after your crash
Graphic of a phone receiving an illegal solicitation text message – barratry in Texas
Graphic of a phone displaying a text that represents barratry. The Texas Bulldog stands up for victims of illegal solicitation after accidents.

Illegal Solicitation Includes:

  • Cold calls or texts after a car crash or truck crash
  • Showing up in person (home, scene, hospital)
  • Paying runners or tow truck drivers
  • Getting accident reports illegally

Legal Contact Includes:

  • Speaking with former clients
  • Responding when you contact the firm first
  • Marketing to the general public (ads, websites, etc.)

Common Places Barratry Happens in Houston

Crash Scenes (Especially Along I-45, I-10, 610, Beltway 8, and Westpark Tollway)

Wreck chasers often show up within minutes at major Houston crash hotspots. Some tow truck drivers illegally push injured drivers toward certain lawyers while victims are still in shock.

Tow Yards Across Houston (Including Facilities Near Bush Airport & Southwest Houston)

Tow yards like those off JFK Blvd, Westpark Drive, and North Houston Rosslyn can be prime locations for runners. They may pressure victims to hire a lawyer before releasing their vehicle.

Houston Hospitals & ERs

Barratry frequently happens in emergency rooms at Houston Methodist, Ben Taub, Memorial Hermann in the Medical Center, and HCA Houston Northwest. If someone approaches you about a lawyer inside a hospital, it’s illegal.

Social Media Messages After Local Crashes

Scammers monitor Houston crash hashtags and neighborhood groups (Heights, Katy, Cypress, Pasadena, Pearland) and send DMs offering “legal help” or “fast settlements.” These unsolicited messages are a form of barratry.

Phone Calls Based on Illegally Obtained Houston Crash Reports

If someone calls you after a wreck on roads like FM 1960, Westheimer, Hwy 6, or the North Freeway and already knows details about your accident, they likely obtained your crash report illegally. That is criminal solicitation in Texas.


Why Illegal Solicitation Hurts Your Case

Illegal solicitation is a red flag. Firms that engage in barratry usually:

  • Deliver smaller settlements
  • Pressure clients into signing immediately
  • Fail to properly investigate the crash
  • Provide poor communication and results

Work with a reputable Houston attorney instead. Learn more about your rights on our Car Accident Lawyer Houston page.


What To Do If You Were Contacted Illegally

  1. Do not sign anything.
  2. Save screenshots, texts, or caller information.
  3. Write down who contacted you.
  4. Report the event to a trusted attorney.
  5. Choose a reputable law firm—not a runner-based operation.
Houston courthouse with overlay text showing barratry penalty up to $50,000 per violation in Texas effective September 1, 2025.
Texas now enforces up to $50,000 per violation for illegal solicitation cases. The Miller Law Firm – The Texas Bulldog fights for victims of barratry.

Can You Report or Sue a Lawyer for Barratry?

Yes. Texas allows victims to claim:

  • $50,000 penalty
  • Attorney’s fees
  • Void contracts signed due to barratry

You also have the right to seek a new lawyer immediately if you were pressured into signing.


How to Spot a Runner in Seconds

  • They contact you first — always a red flag.
  • They refuse to give a last name or bar card number.
  • They pressure you by saying your case is “urgent.”
  • They appear at the tow yard, hospital, or crash scene.
  • They offer cash, rides, or “free medical treatment.”
Attorney chasing an ambulance representing illegal solicitation, also known as barratry, in Texas
Graphic of an attorney chasing an ambulance to symbolize barratry. The Texas Bulldog fights back against illegal solicitation of accident victims.

About Attorney Adam H. Miller — The Texas Bulldog

Adam H. Miller is a Houston trial attorney known for aggressive advocacy, compassion, and results.

Victims choose Adam because he offers:

  • No upfront fees — you pay nothing unless he wins
  • A proven track record in car, truck, and barratry-related cases
  • Access to pre-settlement legal funding through Liberty One
  • Strong communication and personal client care
  • Trial readiness when insurance companies refuse to be fair
  • Community involvement: Big Brothers Big Sisters, Animal Justice League, local festivals.
  • Media recognition from Digital Journal and Daily Grit
The Miller Law Firm – Houston personal injury lawyers awarded Best of the Best Attorneys 2025
The Miller Law Firm – Home of The Texas Bulldog – recognized among the Best of the Best Attorneys in 2025 for personal injury law.

Recent Texas Accident Statistics

Texas continues to report some of the highest traffic crash numbers in the country, and the largest metropolitan areas see the greatest concentration of severe collisions. Understanding where serious crashes occur most often helps explain why unsolicited contact—often from runners, tow truck drivers, or unethical firms—is more common in those areas.

The chart below shows the rate of severe traffic crashes per 100,000 residents in six major Texas cities from 2015–2024. These severe crashes include serious injuries and fatalities—events where illegal solicitation is most likely to occur because victims are vulnerable and often overwhelmed.

Line graph showing severe traffic crashes per 100,000 residents from 2015 to 2024 for Dallas, Houston, Fort Worth, San Antonio, El Paso, and Austin.
Severe traffic crashes per capita in major Texas cities from 2015–2024. Dallas and Houston show the highest crash rates, while Austin remains the lowest.

Key Takeaways:

  • Dallas and Houston have the highest severe crash rates every year, creating more opportunities for unethical solicitors to target accident victims.
  • Austin maintains the lowest severe crash rates statewide.
  • Crash rates dipped around 2018–2019 statewide but spiked again in 2020—mirroring statewide TxDOT data.
  • Larger cities experience more frequent severe crashes, increasing the likelihood that victims may be approached by runners, hospital solicitors, or cold callers.

Video: What To Do If a Lawyer Illegally Solicits You

Watch this short video from Attorney Adam H. Miller explaining your rights and what to do if someone pressures you after a crash.


People Also Ask

Why do lawyers contact me after a car accident?

In most cases, they shouldn’t. If you did not reach out first, this could be illegal solicitation.

Is it legal for a tow truck driver to recommend a lawyer?

No. Tow truck drivers cannot legally direct you to a specific attorney.

Can a lawyer text me right after a crash?

No. Unsolicited texts are considered barratry in Texas.

What happens if I signed a contract with a barratry lawyer?

You may be able to void the contract and recover statutory damages.


FAQ

How do I know if a law firm uses runners?

If someone contacted you unexpectedly after your accident, the firm may be using runners. Look for high-pressure tactics, surprise visits, or unsolicited calls or texts.

Is barratry a felony in Texas?

Barratry can lead to both criminal and civil penalties in Texas. Depending on the conduct, it may include fines, lawsuits, and even potential jail time.

Can I fire a lawyer who solicited me illegally?

Yes. You can fire a lawyer who solicited you illegally and choose a reputable attorney at any time. You may also be able to void the original contract.

Does barratry affect my settlement?

Often yes. Firms that break solicitation laws typically deliver lower settlements, rush cases, and provide poor communication and investigation quality.


Client Reviews

★★★★★ “It was a pleasure meeting Adam Miller and his team! They were all available to assist without delay and answered all my questions throughout the process! Thank you, all, for the great outcome with my case!!” – Amanda Ramos

★★★★★ “I love him. He took very good care of me and I would recommend him to anybody who needs help.” – Cynthia Newsom

★★★★★ “Excellent barratry attorney! The Texas Bulldog got me a settlement from an individual who illegally solicited me after a car accident and it only took a few months.” – Miriam H.


Final Thoughts

If someone contacted you after a crash and tried to pressure you into hiring a lawyer, that is not normal — and it may be illegal. You deserve an attorney who plays by the rules, communicates clearly, and fights for the compensation you are owed. At The Miller Law Firm – The Texas Bulldog, we hold unethical firms accountable and help victims regain control of their case and their recovery.

Whether you were approached at the crash scene, at a tow yard, or in the hospital, you still have rights — and we are here to protect them.

When unethical attorneys break the rules, The Texas Bulldog fights back.