Put the Brakes on Ambulance Chasing

Legal Watchdog Launches Campaign to Put the Brakes on Ambulance Chasers
Group Says Illegal Practice Preys on Vulnerable Texans; State Needs Meaningful Penalties

Corpus Christi – Last month Citizens Against Lawsuit Abuse (CALA) groups launched a statewide campaign to educate Texans about the illegal practice of barratry, more commonly known as “ambulance chasing.” The campaign is designed to inform Texans of their rights, to educate them about how to report illegal lawsuit solicitations, and to urge lawmakers to crack down on unscrupulous personal injury lawyers who exploit Texas families.

“Ambulance chasing is flourishing in parts of Texas with some personal injury lawyers and their cronies drumming up business by preying on accident victims – even if no one is to blame,” said Chip Hough, board chairman of Bay Area Citizens Against Lawsuit Abuse (BACALA). “Ambulance chasing is illegal in Texas for good cause: families have a right to privacy and to be free of harassment especially following an accident or injury.”

Connie Scott, a BACALA board member, added, “Barratry is a felony offense in Texas and those who engage in illegal case solicitation show a horrifying lack of decency. We have reports of a victim who was approached at the funeral home following the death of her daughter. Another victim received his first visit from an unsolicited lawyer while he was heavily medicated at the hospital and virtually blind following an accident. In yet another case, a lawyer is accused of paying a family $25,000 to let his firm file a case on their behalf. These true stories demonstrate why barratry is a crime in Texas.”

BACALA and other CALA groups across Texas are engaging in a television advertising campaign to highlight the problem of aggressive personal injury lawyers who prey on victims and promote junk lawsuits. The ad is accompanied by print and online materials that urge consumers to “put the brakes on ambulance chasing.” To view the ad or online materials, please visit www.bacala.net.

Brazen case solicitation reportedly has become commonplace in some areas of Texas. The San Antonio Express-News recently reported that barratry is “flourishing” in South Texas and that “warfare has broken out over barratry” in Corpus Christi. The paper reported that “lawyers are suing lawyers, seeking to overturn multimillion-dollar settlements of cases they claim were acquired improperly.”

However, according to statistics from the State Bar of Texas, complaints about improper solicitation are rare and seldom result in serious consequences for perpetrators. “Many people don’t know that barratry is illegal and don’t know how to report it,” Hough noted. “Besides, Texas law lacks meaningful penalties for illegal case solicitation, so even those who are reported only get a slap on the wrist.”

Efforts to bolster laws against illegal lawsuit solicitation were quietly defeated during the 2009 legislative session, according to Hough. Initially, House Bill 148 would have allowed clients to collect triple damages from lawyers who engage in illegal case solicitation. The proposal would have penalized lawyers who use “runners” to covertly solicit cases or to otherwise exploit the vulnerability of hospitalized accident victims and their families. Unfortunately, these provisions were stripped from the bill.

“Lawmakers should revisit stronger penalties against these aggressive and illegal solicitations,” Hough said. “In the meantime, Texans should know that current law prohibits lawyers, doctors and other professionals or their representatives from making direct or indirect solicitations of clients, including phone calls and visits. If someone sees barratry in action or falls victim to this practice personally, they should report it to the State Bar Chief Disciplinary Council.”

To report barratry, contact the State Bar of Texas at 1-800-204-2222 x 9.

For more information about BACALA please visit www.bacala.net.