Ambulance Chasers

Beth Janicek

Attorney
(866) 735-1102 Ext 395

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In the San Antonio Express News, John MacCormack wrote about barratry by trial lawyers. Barratry is the unlawful solicitation of clients by lawyers. Lawyers are not allowed to contact a potential client and seek to represent them in a case. There are several bills before the Texas Legislature which support further penalty and restrictions to prevent trial lawyers from soliciting cases. MacCormack also discussed that lawyers in South Texas are suing one another claiming the other trial lawyers has solicited the case in violation of the rules of professional responsibility that govern all lawyers. These claims have increased and if successful require a forfeiture of fees by the attorney who violated the rules. In other words, if an attorney illegally solicits the case then settles the case the attorney would have to forfeit the fees associated.

This has been a long standing problem for trial lawyers. The illegal solicitation destroys the image of the trial lawyer and harms the ethical trial lawyers business. As a member of the board of directors of the San Antonio Trial Lawyers Association, we recently amended our membership application to require members to affirm they do not participate in barratry. One could argue the rule is outdated and should be changed to allow an even playing field for trial lawyers to be able to solicit cases. The argument is similar to legalizing drugs. The problem with doing away with the rule is the public would get completely inundated with solicitations and further damage being done to the trial lawyer image.

Good attorneys do not violate the rules and solicit cases. A few attorneys are causing great damage to our profession. Every profession has the unethical few that damage the reputation of the group. However, the damage is worse when the profession professes to protect the victims actually preys on them. Good trial lawyers want the behavior stopped so that the public can see the positive benefits that trial lawyers do for society. Hopefully, the Texas Legislature passes additional restrictions and penalties and the lawsuits continue against those who violate the rules of ethics.