The Stakes Just Got Higher: Texas Legislature Cracks Down on Barratry

On June 22, 2025, a new law took effect in Texas: Beginning with cases filed on or after September 1, 2025, the civil penalty for barratry in Texas is $50,000 per violation, up from $10,000 per violation. That penalty is in addition to actual damages, forfeited fees, and attorneys’ fees. 

If someone is handing out your name to potential clients—and you don’t know precisely what they’re saying to get that person to call you or, worse, to connect you in real time—you should find out. It doesn’t matter whether you made the contact. And it doesn’t matter whether there were two or three people between the caller and you. If someone is soliciting clients on your behalf, you’re in the chain and at risk of violating barratry laws in Texas.

From accident to ambush: A firsthand account

Last month, my car was hit. Eight days later, bright and early in the morning, the texts started coming:

“Jeanne, new updates on the Plano [number] police report have posted today at 7:19 a.m. Changes were made to the accident report involving [your car make and model]… Call us… for a FREE report… 

Then came the phone calls—from people “collision experts” who wanted to ensure I received all I was “entitled to” and offered “free help.” 

They told me they could help make sure the insurance company didn’t lowball me. They offered medical treatment “at no cost,” under a Letter of Protection (LOP). I was told I wouldn’t have to do anything—they would “take care of it,” and my name wouldn’t even be on the bills. 

I knew these were lies.

Then came the Big Question: Had I already hired a lawyer? If not, they could connect me to someone. But first, I had to confirm three things on a recorded line:

  • I didn’t already have a lawyer
  • Someone in the car had been injured (even a bruise!)
  • I was the one requesting to speak to a law firm—i.e. the lawyer they were connecting me to had not contacted me

This script was designed to check boxes—to try to create a record that made it appear I had initiated the contact. But I hadn’t. At this point, the original caller dropped off the line, and when I told the next person I was a lawyer, they hung up the phone.

These interactions weren’t marketing strategies—they’re violations of law and the Texas Disciplinary Rules. Specifically, Texas Penal Code §38.12, Section 82.0651 of the Texas Government Code, and Texas Disciplinary Rules of Professional Conduct Rule 7.03 and 8.04(a)(3) to name just a few.

Lawyers: Please ask questions

If you have even a hint of concern that someone sending you clients might be crossing the line into barratry, be proactive. 

  1. Ask hard questions. Know precisely how your cases are coming in and where they are originating from.
  1. Put it in writing. Your contracts with marketing services or anyone sending you “leads” should include Texas ethics compliance and audit rights.
  2. Watch your intake. When a client says they were “referred” or “given your name,” find out immediately by whom, how, and when.
  3. Train your Staff and put written policies in place. Make sure anyone taking calls for you knows what to look for and what to do if they suspect a client has been sent as a result of barratry.

Don’t count on plausible deniability—count on compliance

Just because a third party or “nonprofit” is involved on the front end does not mean you will not be accused of barratry. The fact that the client does not end up hiring you won’t protect you from a barratry claim. And putting two or three people between you and the initial call only creates more potential witnesses.

Barratry thrives in the grey area between marketing and solicitation. But that grey area is shrinking fast, and for Texas lawyers, the only thing more expensive than asking the right questions is failing to ask them at all.

For more information on barratry, please visit my firm’s website at https://hunthuey.com/ or contact me directly. 

Note: This blog does not address the narrow exception that applies to lawyers contacting potential clients in criminal cases, which is governed by a different set of rules.