# What is barratry?

> Barratry is stirring up lawsuits or illegally soliciting clients, such as paying people to sign up crash victims. Texas makes it a felony. What to know.

Canonical page: https://accidentclaimfacts.com/glossary/barratry/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Barratry means stirring up lawsuits, or illegally soliciting clients, for personal gain. After a crash it often looks like a stranger who calls, visits or waits at a hospital to push victims toward a particular lawyer or clinic, sometimes for a fee. Some states, including Texas, make it a crime.

## In a car accident claim

Texas has one of the most detailed laws. Barratry is defined in Tex. Penal Code § 38.12 and is a third-degree felony. Lawyers, doctors and chiropractors there may not send unsolicited written solicitations about an accident for 30 days after it. A contract for legal services obtained through barratry is voidable by the client.

Other states use different tools. In California, it is unlawful to act as a runner or capper for lawyers, including in and around hospitals. Most states also follow a version of the ABA rule that a lawyer may not solicit you by live person-to-person contact when a significant motive is the lawyer's financial gain, with narrow exceptions. Our guide to [red flags when hiring a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/red-flags/) lists warning signs, and the [choosing a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/) guide covers safer ways to find one.

## Example

> **Example:** The day after a crash, someone the injured driver has never met calls, says they "work with" a law firm, and offers cash to sign a fee agreement that day. In Texas, paying people to recruit crash victims for a lawyer is the kind of conduct the barratry law targets, and the driver reports the call to the State Bar.

## Related terms

- [Runner](https://accidentclaimfacts.com/glossary/runner/)
- [Contingency fee](https://accidentclaimfacts.com/glossary/contingency-fee/)
- [Lawyer referral service](https://accidentclaimfacts.com/glossary/lawyer-referral-service/)

## FAQ

### Is it legal for a lawyer to contact me after an accident?

Some contact is allowed, such as advertising, but the rules are strict. Live, person-to-person solicitation for the lawyer's financial gain is generally banned, and Texas bars unsolicited written solicitations in the first 30 days after an accident.

### What can I do if I was solicited illegally?

You can report it to the lawyer disciplinary agency in the state where the lawyer is licensed. In Texas, a client who voids a contract obtained by barratry can also recover a penalty of $10,000, among other amounts.

## Sources

- [Cornell Law School, Legal Information Institute, Wex: barratry](https://www.law.cornell.edu/wex/barratry) — general definition
- [Texas Legislature, Government Code chapter 82](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.82.htm) — §§ 82.065 and 82.0651, voiding contracts obtained by barratry
- [Texas Legislature, Penal Code § 38.12](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm), checked October 29, 2026
- [California Legislature, Business and Professions Code § 6152(a)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=6152.), checked October 29, 2026
- [American Bar Association, Model Rules of Professional Conduct, Rule 7.3(b)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_7_3_direct_contact_with_prospective_clients/), checked October 29, 2026
- [American Bar Association, Center for Professional Responsibility, Consumer FAQs](https://www.americanbar.org/groups/professional_responsibility/resources/resources_for_the_public/consumer_faqs/), checked October 29, 2026