Is It Legal for a Lawyer to Call You After a Crash?

July 16, 2025

When you’ve just been through a traumatic car crash, the last thing you expect is a phone call from a lawyer you’ve never spoken to. While it might seem helpful on the surface, unsolicited outreach like this may actually be illegal under Texas law. In San Angelo and across the state, strict regulations govern how and when lawyers can contact accident victims.

This blog breaks down Texas’ barratry laws—what they mean, why they exist, and what you can do if you’re targeted.

What Is Barratry?

Barratry refers to the unethical and often illegal solicitation of clients by attorneys (or those working on their behalf). In simple terms, it’s when a lawyer—or a so-called “runner”/company acting for the lawyer—tries to solicit you for legal services without your prior request or permission.

In Texas, barratry is not only unethical; it’s a crime.

Is It Legal for a Lawyer to Call You After a Crash in San Angelo?

No, not if the call is unsolicited. Under the Texas Penal Code § 38.12, it is illegal for an attorney (or anyone working for them) to:

  • Knowingly instigate or encourage another person to bring a personal injury claim in exchange for compensation.
  • Solicit potential clients who haven’t initiated contact, especially within 30 days of the accident.
  • Send unsolicited written communications that do not follow specific guidelines and disclosure rules outlined by the Texas Disciplinary Rules of Professional Conduct.

This law is designed to protect accident victims from predatory behavior and pressure during a vulnerable time.

What Counts as Illegal Solicitation?

Some examples of illegal barratry after a car crash include:

  • A lawyer or case manager or so called non-profit calling, texting, or emailing you without your permission about representation.
  • A “runner” or case manager or so called non-profit showing up at the hospital or your home offering legal help on behalf of a law firm.
  • Receiving a flyer, postcard, or letter that appears misleading, lacks required disclaimers, or arrives suspiciously soon after your crash.

These acts can be prosecuted under both civil and criminal law.

What Are the Penalties for Barratry in Texas?

Texas takes barratry seriously. If a lawyer or associate is caught illegally soliciting accident victims, the consequences can include:

  • Criminal charges: Barratry is a misdemeanor for a first offense but can rise to a felony for repeat offenses.
  • Civil liability: Victims of barratry can sue the offending lawyer for damages under the Texas Civil Practice & Remedies Code § 82.0651. This includes recovering attorney’s fees and potentially $50,000 or more in damages.
  • Professional discipline: Attorneys found guilty may be disbarred or face suspension from practicing law.

Why Do Lawyers Still Try It?

Despite the risks, some attorneys engage in barratry because of the potential financial gain. In high-volume accident cases, they gamble on securing clients before reputable firms have a chance to step in. These tactics often rely on emotional manipulation or scare tactics.

That’s why the law is structured to give power back to victims—and to send a message to unethical firms.

What Should You Do If a Lawyer Calls You After a Crash?

If you receive an unsolicited call, message, or visit from a lawyer after an accident, here’s what you can do:

  1. Do not engage. Politely hang up or ignore the message.
  2. Document the contact. Keep records of the phone number, name, time, and method of communication.
  3. File a complaint. You can report the incident to the State Bar of Texas or local law enforcement.
  4. Speak to a legitimate attorney—on your terms. If you’re interested in legal help, make the first move yourself by contacting a licensed, local personal injury attorney with a clean disciplinary history.

Why the Law Matters for San Angelo Residents

San Angelo is no stranger to serious vehicle collisions. Whether it’s a highway accident or an urban crash on Sherwood Way or Loop 306, victims deserve space to recover and decide their next steps—not be pressured by strangers with ulterior motives.

By protecting accident victims from unwanted legal solicitations, Texas law aims to preserve the integrity of the legal profession and support consumer trust.

Know Your Rights and Stand Firm

Here are some quick reminders of your rights:

  • You are not required to hire a lawyer who contacts you without consent.
  • You have the right to report unethical behavior.
  • You deserve time and space to choose your legal representation with care—not under duress.

Choosing the right attorney should be a thoughtful decision, not a rushed one triggered by an unexpected phone call.

How to Take the Next Step with Webb, Stokes & Sparks

If you’ve been through an accident in San Angelo you deserve support that prioritizes integrity, experience, and compassion. At Webb, Stokes & Sparks:

  • You won’t be chased or cold-called.
  • You call us when you’re ready.
  • You get a free, no-obligation consultation with one of our board-certified trial attorneys.
  • We bring 160+ years of combined experience, respected credentials, and local insight to every case

When You’re Ready, Reach Out on Your Terms

At Webb, Stokes & Sparks, we don’t chase cases—we earn your trust. Our team has deep experience representing injury victims in Texas and is here to guide you with respect, professionalism, and transparency.

 

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

Contact us today at (325) 4420711 for a free consultation. Let us help you make informed choices about your case—ethically and legally.

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