Solicitation and Barratry

In Texas, it is against the law for attorneys, paralegals, or their agents to solicit accident victims directly after a crash. This practice, known as barratry, includes showing up at the hospital, calling you, or sending contracts without your request—especially within 30 days of an accident. State law recognizes that accident victims are vulnerable, and it prohibits these aggressive tactics to ensure that you have the freedom to choose your own lawyer without pressure or exploitation.

If you are contacted this way, you should know your rights: under Texas Government Code § 82.0651, any agreement signed through illegal solicitation can be voided, and victims may be entitled to significant penalties against the offending firm—currently $10,000 per violation, increasing to $50,000 for cases filed on or after September 1, 2025. Our firm stands ready to help you report barratry, protect your rights, and make sure you get fair representation on your terms, not theirs

If you are contacted by an attorney, paralegal, investigator, or any other agent immediately following your accident without your request, Call Dovalina Law, PLLC and protect yourself by preserving evidence by the following:

1. Record and Document All Contacts
• If possible, capture all conversation electronically.
• Texas is a one-party consent state for recording calls, meaning you can legally record as long as
you are a party to the call.
• Save voicemails, text messages, emails, and business cards.

2. Track Everyone Who Contacts You
• Write down the name, title, and phone number of all middlemen who reach out.
• Note the date, time, and method of contact (phone, in-person, text, email, etc.).
• Keep a running log of all communications — this will help establish each count of barratry.

3. Find Out Who the Firm is by Obtaining a Contract for Services
• Obtain a contract for services and find out who the attorney is leading the solicitation, even if contract is provided by middlemen. 
•  Any agreement stemming
from illegal solicitation is voidable by you under Texas law.
• Do not rely on verbal promises — always request written proof of what they are offering.
• Any waiver you are asked to sign — for example, giving up the right to sue for solicitation — is not
legally enforceable in Texas.

4. Preserve Evidence of Who Sent You the Contract
• If you receive a contract by email, keep the full email with headers, which shows who sent it.
• If by text, screenshot the entire conversation, including dates and numbers.
• If by mail, keep the envelope and letter together.