What Should You Do If a Lawyer Contacts You First?
If an attorney, an investigator, or someone claiming to represent a law firm reached out to you after a crash — and you never contacted them — that contact may be illegal under Texas law. Here is what to do, what to save, and what you may be owed.
The Short Answer
Do not sign anything, and do not agree to anything over the phone. In Texas it is a crime for a lawyer, or anyone working on a lawyer’s behalf, to solicit you in person, by phone, or by text about an accident claim within 31 days of the crash. Save every message, write down who contacted you and when, and have the contact reviewed before you commit to any firm.
What This Guide Covers
Key Takeaways
- Uninvited contact about an accident claim within 31 days is barratry under Texas law — a felony, not a technicality.
- You are never obligated to a firm that contacted you first, even if you spoke with them.
- A contract signed as a result of illegal solicitation may be voidable, and Texas law provides remedies to the client.
- Screenshots and timestamps matter more than anything else. Save them before you do anything else.
- Reporting costs you nothing and does not affect your injury claim.
Is That Contact Even Legal?
Usually not. Texas treats uninvited solicitation of accident victims as a criminal offense called barratry — commonly known as ambulance chasing. Under Texas Penal Code § 38.12, it is illegal for an attorney — or a runner, investigator, or marketer working for one — to contact you in person, by phone, or by text about a potential claim within 31 days of the accident, unless you reached out first.
It does not matter how the conversation was framed. “Checking on you,” “following up on the report,” and “we already spoke to the hospital” are all common openings. What matters is a simple question: did you contact them, or did they contact you?
How did they get your information? Crash reports contain your name, phone number, and address. They are routinely bought, scraped, and resold. If someone called you within days of a wreck and you never gave them your number, that is where it came from.
What To Do In The First Hour
You do not need to confront anyone or make a decision on the spot. Four things, in order:
- Do not sign. Not a contract, not a medical authorization, not a “just to get started” form.
- Do not agree verbally. Saying “sure, send it over” is enough for some firms to start acting as though they represent you.
- Screenshot everything before you hang up or delete anything.
- Write down what happened while it is fresh — who called, what number, what they said, what time.
You are not being rude by declining. You have no obligation to a firm that approached you, and ending the call costs you nothing.
What To Save As Evidence
Illegal solicitation cases are usually won or lost on documentation. Most of it disappears within days — texts get deleted, numbers get disconnected, business cards get thrown away. Keep:
- Screenshots of every text or voicemail, showing the phone number and the timestamp
- Your call log, showing the date and time of each incoming call
- Any business card, flyer, letter, or packet you were handed or mailed
- The name of the person, the firm they claimed to represent, and anyone else present
- Anything you signed — even if you were not given a copy, note what it looked like
If you were approached at a hospital, a body shop, or a tow yard, write down where and roughly when. Location matters, because it often shows how the contact was coordinated.
What If You Already Signed?
This is the most common question we hear, and the answer is better than most people expect: signing does not necessarily lock you in.
Texas law provides remedies for clients whose legal-services contract was obtained through barratry. Depending on the circumstances, that can include voiding the contract, recovering fees already paid, and additional statutory relief. See our guide: Can You Cancel a Personal Injury Lawyer Contract in Texas? You are also free to change attorneys at any point in your case, regardless of how the first firm found you.
Switching firms does not restart your case or reduce what it is worth. If you signed with a firm that contacted you first, that is worth having reviewed — not something to live with.
Who To Report It To
Two places, and you can do both:
- The State Bar of Texas handles attorney discipline. A grievance can be filed by the person who was solicited.
- Local law enforcement, because barratry is a criminal offense, not only an ethics violation.
Reporting does not affect your injury claim, does not cost anything, and does not require you to hire anyone. It also does not have to happen today — but the evidence should be saved today.
Common Questions
They said they got my name from the police report. Is that allowed?
Accident reports are obtainable, so having your information is not itself proof of wrongdoing. Using it to solicit you within 31 days of the crash is what the statute prohibits.
What if it was a “case manager” and not a lawyer?
Texas law reaches people acting on a lawyer’s behalf, not just lawyers. Runners, marketers, investigators, and referral services can all fall within it.
I talked to them for a few minutes. Did I agree to anything?
A conversation is not a contract. If you did not sign and did not authorize anything, you are not their client — and even if you did sign, see the section above.
Do I have to report it to get help with my accident case?
No. They are separate matters. You can pursue your injury claim and decide about a grievance separately, or not at all.
Someone Contacted You First. Now What?
Bring us the screenshots and we will tell you plainly whether what happened to you crossed the line — and what your options are. No cost, no obligation, and no pressure to switch anything.
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