Although there are laws in place to prevent solicitation and barratry in Texas and New Mexico, the
practice of scamming for new clientele still happens, attorney says
By Sam Jackson
Despite both Texas and New Mexico having laws on the books to prevent a practice called “solicitation
and barratry,” unscrupulous lawyers are known to circumvent these legal restrictions while seeking new
business.
“Both Texas and New Mexico have barratry statutes that make it illegal to contact someone and offer
unsolicited legal advice,” Rob Lovett, founding partner of Lovett Law Firm, told El Paso Times. “Both
states make it a crime for a lawyer to solicit clients without first being asked to contact that client.”
However, some lawyers skirt the law, said Lovett, whose law offices are located in Las Cruces, New
Mexico and El Paso, Texas. In some cases, law firms purchase traffic accident and arrest reports from
police departments, with local “agents” using this information to solicit new clients. Sometimes this
illegal practice takes place in person, with the agent posing as a local official even if they live
somewhere else—another potential violation of state law.
Additionally, some out-of-town law firms hire service providers like tow truck and automobile service
companies to perform local agent practices. In the case of a tow truck driver, while responding to an
accident, they would steer those involved to the law firms for which they secretly work.
Solicitors prey upon the confusion they create, Lovett said.
“It’s really difficult for local people because they don’t know who’s calling them, and these people are
using ambiguous language to tell them they can help with their case and that they’re with an insurance
company or that their medical bills won’t be paid for unless they go to a certain provider,” he said.
Stay vigilant
Lovett said spotting solicitation and barratry scams is easy once you know where to look. For example,
no one is supposed to contact someone who has been involved in an accident without their permission,
he said.
“If anybody calls them offering them services, that is a scam,” Lovett said. “It is just like being
contacted by a Nigerian prince saying that they’re going to make a million dollars if they respond to an
email. These people are not in their best interests.”
Lovett also cautioned that if individuals do seek legal advice, to make sure they’re speaking with actual
attorneys and not out-of-town case workers or “case runners,” as their sole purpose is to retain new
clientele.
Are solicitation and barratry cases still common?
Despite the cliché of ambulance-chasing lawyers, most attorneys don’t engage in solicitation and
barratry practices, because it’s illegal and could cost them their jobs, Lovett said.
“I have actually filed state bar complaints with the state of New Mexico against attorneys for soliciting
this, and there’s actually been a lawyer that’s been suspended for soliciting clients,” he said. “That’s
public record.”
Ask questions and know the law
In Texas, New Mexico and in some other states, it’s against the law to solicit clients without being
asked first, Lovett said, adding that it helps to repeat questions and concerns to the caller, who should
also know the law.
In many cases, simply asking a question or two might be enough to deter a solicitor, he said.
Specifically, find out where the caller is from, how they got your personal information, and point out
that they’re not supposed to be calling.
“No lawyer should ever contact somebody out of the blue offering to help with their case,” Lovett said.
Although the use of case runners skirts the law, those who haven’t expressed interest in legal
representation shouldn’t talk to them, either.
Beware of misrepresentation
Lovett said it’s important to press unsolicited callers to identify themselves, and that failing to do so
only increases the likelihood of a scam. After an accident, it’s common for insurance companies to call
their clients, and Lovett said it’s critical to be on guard for any potential predatory calls during this
time.
“It is a very big deal because these people are being taken advantage of,” Lovett said.