General information, not legal advice. Talk to a licensed attorney in your state.

Independent guide · not a government website

Glossary

What is barratry?

Stirring up lawsuits or soliciting clients illegally, for example by paying people to sign up crash victims for a lawyer. Some states, including Texas, make it a crime.

Last reviewed By the Editorial team 1 min read

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 lists warning signs, and the choosing a lawyer guide covers safer ways to find one.

Example#

Questions people ask

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

  1. Cornell Law School, Legal Information Institute, Wex: barratry — general definition
  2. Texas Legislature, Government Code chapter 82 — §§ 82.065 and 82.0651, voiding contracts obtained by barratry
  3. Texas Legislature, Penal Code § 38.12 — as of October 2026
  4. California Legislature, Business and Professions Code § 6152(a) — as of October 2026
  5. American Bar Association, Model Rules of Professional Conduct, Rule 7.3(b) — as of October 2026
  6. American Bar Association, Center for Professional Responsibility, Consumer FAQs — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

Keep reading

  1. GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.Reviewed
  2. Choosing a lawyerRed flagsThe warning signs to watch for when a lawyer contacts you or asks you to sign, the professional rules and state laws behind them, and how to complain to a…Reviewed
  3. Choosing a lawyerChoosing a lawyerWhen a lawyer helps after a crash, how to find and check one, what a first meeting covers, how contingency fees work, the warning signs to watch for and your…Reviewed
  4. GlossaryDooringA crash in which someone opens a parked car's door into the path of a cyclist or other road user. State laws, such as those in Texas and Florida, forbid…Reviewed
  5. GlossaryMedical payments coverageCoverage on your own auto policy that pays medical bills after a crash, up to a set limit, whoever caused it. Unlike PIP, it usually does not pay lost income.Reviewed
  6. GlossarySubrogationAn insurer's right to be repaid from your settlement for what it already paid on your behalf.Reviewed

    Try “deadline”, “Texas” or “demand letter”. Press Enter to open a result.