Unsolicited Calls from Personal Injury Lawyer After an Accident or Loss

If a stranger contacted you about your accident before you ever called a lawyer, that contact may be illegal. In Texas, hiring a law firm through an unsolicited case runner is called barratry, a criminal offense under Texas Penal Code § 38.12, and any contract you signed as a result is voidable at your option under Texas Government Code § 82.0651(c).

You have the right to walk away, hire new counsel, and Texas law is on your side.

Varghese Summersett is a Texas law firm with offices in Fort Worth, Dallas, Southlake, and Houston. Our personal injury attorneys came to every client the right way: through reputation, referrals, and results. We never use case runners. We represent injured Texans and grieving families who want a firm that earns their trust, not one that purchased their file. If you were solicited by a case runner and want to know your options, call us for a free consultation.

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How Illegal Case Runners Operate in Texas

You didn’t even make it home from the hospital before it started.

Twenty calls in a week. Maybe more. Texts from numbers you didn’t recognize. Someone showing up asking about your injuries. All of them strangers claiming they heard about your accident or your loved one’s death, all of them eager to connect you with a lawyer who could help. Some sounded friendly. Some sounded official. A few may have even known details you didn’t expect a stranger to know.

You’re not imagining things. You’re not being paranoid. What you experienced has a name, and in Texas, it is a crime.

What Is a Case Runner, and Why Should You Care?

Texas law calls them case runners. You might know them by other names: ambulance chasers, bird dogs, runners, or just the person who somehow found your number hours after your wreck or hours after your family member passed away.

A case runner is someone paid by a law firm to find victims and grieving families and bring them in as clients. They haunt emergency rooms and hospitals. They monitor police scanners. They buy accident reports and death records. They pay tow truck drivers, hospital employees, and first responders for tips. Then they call you, text you, show up at your door, or track you down on social media. All of it happens on someone else’s payroll, and all of it is designed to funnel you toward a specific law firm that is paying for the referral.

This practice is called barratry. Under Texas Penal Code § 38.12, it is a criminal offense — not a gray area, not a technical violation. A crime, for the case runner and for the attorney who hired them.

It happens in personal injury cases after car accidents, truck accidents, and workplace injuries. It happens in wrongful death cases when a family is still in the hospital or still making funeral arrangements. The type of case doesn’t matter. What matters is that someone was paid to find you before you ever had a chance to think clearly about who you wanted to represent you.

Does the Law Firm That Cheats to Get Your Case Play by the Rules When It’s Time to Pay You?

Here is the question you need to sit with: if a law firm is willing to break the law to get your case, what makes you think they will play by the rules when it is time to pay you?

Think about what barratry tells you about a firm’s culture. It tells you they don’t believe they can earn clients the honest way, through reputation, results, and word of mouth. It tells you they’ve decided the rules don’t apply to them when it is inconvenient. And it tells you something important about their economics: they are paying, often handsomely, for every single client who walks through the door. That wheel has to keep spinning, which means they need volume, which means they need to move cases fast, cheap, and constantly.

That is not a recipe for the careful, patient, aggressive representation you deserve after a serious accident or the loss of a family member.

A firm running on case runners is a firm running on pressure. Pressure to settle quickly. Pressure to take whatever the insurance company offers rather than fight for what you are actually owed. Pressure to spend as little time on your case as possible so they can chase the next one. You are not a client to them. You are inventory.

And when the settlement check finally arrives, after they have taken their cut, covered their case runner fees, and moved on to the next referral, you may find yourself wondering why the number seems so much smaller than you expected. In a wrongful death case, where no amount of money replaces what was lost, settling for less than full value because a firm was too busy feeding its pipeline is a particular kind of betrayal.

If you have concerns about how your case is being handled, our article on how and when to fire your personal injury attorney walks through the process step by step.

Texas Law Gives You a Way Out — and You Should Use It

Here is what most people who have been victimized by this system don’t know: you can fire that attorney, and Texas law specifically protects your right to do so.

Under Texas Government Code § 82.0651(c), any contract for legal services obtained through barratry is voidable at your option. That means you, not the attorney, get to decide whether the contract stands. You can walk away. And if you have already paid fees, you may be entitled to get them back.

This is not a technicality. The Texas Legislature put this provision in the law precisely because they understood what is at stake when a client is solicited illegally. The relationship between an attorney and client must be built on trust, not on a cash payment to a stranger who bought your accident report or got a tip from someone at the hospital. When that foundation is corrupt, the law lets you start over.

Step 1: Recognize what happened. If you received unsolicited calls, texts, or visits from people claiming to represent or be connected to a law firm shortly after your accident or after the death of a family member, that is the red flag. You didn’t contact them. They came to you, and someone paid them to do it.

Step 2: Formally void the contract in writing. Send a written notice to the attorney stating that you are voiding the fee agreement under Texas Government Code § 82.0651(c) based on conduct constituting barratry under Texas Penal Code § 38.12. A template for that letter is included at the bottom of this article. Keep a copy of everything.

Step 3: Hire a reputable attorney to handle the transition. A new, legitimate attorney can help you navigate what happens next, including dealing with any attempt by the former firm to place a lien on your case. One important consideration: Texas law imposes a two-year statute of limitations on most personal injury claims, so don’t delay the transition longer than necessary.

Get the Compensation You Deserve: Schedule a free consultation with Varghese Summersett today.

What About the Lien? Can the Old Firm Still Come After Your Recovery?

This is where it gets important, and where people sometimes stay stuck with a bad firm out of fear.

When you fire an attorney, they may assert what is called a charging lien, a claim on any future settlement or judgment in your case representing the fees they say they are owed. It is one of the main ways bad actors try to hold clients hostage even after the relationship has fallen apart.

But a lien built on an illegal contract is a lien built on sand.

If the underlying fee agreement is void because it was procured through barratry, the first attorney has no valid contractual basis for the lien. The contract that would support their claim is the same contract you just voided.

They may argue they are still entitled to the reasonable value of any work they actually performed, a legal theory called quantum meruit. Courts have been deeply reluctant to let attorneys who engaged in illegal solicitation recover even under that theory, because doing so would essentially reward the very conduct the law is designed to punish.

A competent new attorney can protect you by escrowing any disputed amount at settlement and forcing the former firm to go to court and prove their entitlement. In a barratry situation, many will quietly go away rather than litigate their own illegal conduct in open court. Understanding how personal injury settlements work and how fee disputes are resolved can help you make sense of this process.

How Do You Hire a New Attorney After Firing One for Barratry?

Once you have sent your notice, your next call should be to a personal injury or wrongful death attorney who had nothing to do with how you were originally signed up.

When you call, tell them upfront: you hired an attorney, you believe that attorney obtained your case through a case runner, and you have fired them on the basis of barratry. Then give them a brief rundown of where your case stands. How long ago did the accident or death occur? Has a lawsuit been filed? What medical treatment has taken place? Has there been any contact with the insurance company?

This matters for two reasons. First, a reputable firm needs to know the history before they can tell you whether they can help. Second, it is a filter. How a firm responds to that conversation tells you a lot about who you are dealing with. A firm worth hiring will ask the right follow-up questions, take the barratry issue seriously, and be straight with you about whether the case is a good fit. A firm that glosses over it or seems indifferent to how you ended up in this situation is not the firm you want.

The goal of that first call is not to sign a contract. It is to have an honest conversation so both of you can decide whether moving forward together makes sense. The right attorney will want to understand your case on its merits — not just take it because it is available. Our guide on how to hire a personal injury lawyer lays out the questions you should ask before signing anything. And if you want a realistic sense of what the road ahead looks like, our personal injury case timeline explains each stage of the process.

Should You Report It?

Yes. If you were solicited through a case runner, you can and should file a complaint with the State Bar of Texas at texasbar.com. Texas attorneys who use case runners face disciplinary action, including suspension and disbarment. The case runner themselves can face criminal charges.

The calls and texts you received weren’t just annoying. They were illegal. And the firm behind them is still out there, doing it to someone else right now, including families who just lost someone and haven’t even made it home from the hospital yet. Reporting it protects the next family.

Template: Notice of Contract Voidance Due to Barratry

How to use this template: Fill in every field marked in brackets. Every field is required. Do not leave any blank. When done, send this letter two ways: (1) certified mail with return receipt requested to the attorney’s office address, and (2) email to the attorney directly. Save copies of everything, including the signed letter, the certified mail receipt, and the email confirmation. Attach any call logs, text screenshots, voicemails, or other records of the contact that led you to the firm.

[YOUR FULL NAME]
[Your Street Address]
[City, State, ZIP]
[Your Email Address]
[Your Phone Number]

[Today’s Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [Attorney’s Email Address]

[Attorney’s Full Name]
[Law Firm Name]
[Law Firm Street Address]
[City, State, ZIP]

Re: Notice of Voidance of Legal Services Contract, [Your Full Name]

Dear [Attorney’s Full Name]:

This letter constitutes formal notice that I am voiding the legal services contract between myself and [Law Firm Name], dated [Date you signed the contract], pursuant to Texas Government Code § 82.0651(c).

How I Was Directed to Your Firm

I was contacted on [Date] at approximately [Time] by [phone call / text message / in-person visit] from a person I did not know and had not contacted. That person was not a licensed attorney. They referenced my [accident / the death of my family member] and directed me to your firm. I had no prior relationship with this person. I had not posted publicly, sought a referral, or taken any action that would account for how my information reached them. I did not seek out your firm. Your firm reached out to me through this individual.

Voidance of Contract

The conduct described above constitutes solicitation of legal employment through a person who was not a licensed attorney, in violation of Texas Penal Code § 38.12. Under Texas Government Code § 82.0651(c), a contract for legal services procured through such conduct is voidable at the client’s election.

I am exercising that right. Effective as of the date of this letter, the legal services contract between myself and [Law Firm Name] is void and unenforceable. I will not honor any claim for fees, costs, or compensation arising from that contract.

No Lien Shall Attach

No lien of any kind, whether retaining, charging, or otherwise, shall attach to any recovery, settlement, judgment, or proceeds in my case. Any such lien would be premised on a contract that has been voided pursuant to Texas law and is without legal foundation. I will contest any such claim and reserve all rights and remedies available to me.

Demand for Client File

Pursuant to the Texas Disciplinary Rules of Professional Conduct, I demand the immediate return of my complete client file at no charge. This includes, without limitation: all pleadings, motions, court filings, and discovery materials; all correspondence and communications of any kind, including emails, letters, and written notes; all call logs and records of phone communications, including all calls and communications with opposing counsel, insurance companies, insurance adjusters, medical providers, and any attorney or party outside your firm; all medical records, bills, and records requests submitted on my behalf; all investigative materials, photographs, videos, and evidence; all contracts, fee agreements, and engagement letters; and any other document or record generated or received in connection with my matter.

Please transmit my complete file electronically to: [Your Email Address]

I expect delivery within 7 days of the date of this letter.

I am proceeding with new legal representation. Nothing in this letter shall be construed as a waiver of any right or remedy available to me under Texas law.

Sincerely,

___________________________________
[Your Full Name]
[Today’s Date]

Attach to this letter: Any call logs, text message screenshots, voicemails, or other records showing how you were contacted and directed to this firm.

This template is for general informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney before sending this letter if you have questions about your specific situation.

What to Expect From Varghese Summersett

Varghese Summersett is a full-service Texas law firm with more than 70 team members and offices in Fort Worth, Dallas, Southlake, and Houston. Our personal injury division is led by attorneys with backgrounds as former prosecutors and former insurance defense lawyers — meaning they know exactly how insurance companies build their cases and how to counter them. We have handled catastrophic injury and wrongful death cases across Texas, and we treat every client as someone whose life has been permanently altered, not as a file number in a volume practice.

We did not use a case runner to find you. We earned your search. That matters, because the way a firm gets its clients tells you exactly how it will treat them. If you were solicited illegally and want a free consultation to talk through your options, including how to switch attorneys without jeopardizing your case, we are ready to help.

Find Out What Your Case Is Worth — call Varghese Summersett for a free consultation.

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Frequently Asked Questions About Case Runners and Barratry in Texas

What is a case runner in Texas?

A case runner is a person paid by a law firm to find accident victims or grieving families and sign them up as clients. Case runners may call, text, or visit potential clients after accidents or deaths — often without the client’s having sought any legal help. Using case runners to solicit clients is illegal in Texas under Texas Penal Code § 38.12.

Is barratry a crime in Texas?

Yes. Barratry, which includes paying someone to solicit legal clients, is a criminal offense in Texas under Texas Penal Code § 38.12. Both the case runner and the attorney who hired them can face criminal charges, as well as State Bar disciplinary action including suspension or disbarment.

Can I get out of a contract I signed because of a case runner?

Yes. Under Texas Government Code § 82.0651(c), any legal services contract obtained through barratry is voidable at the client’s option. You can send a written notice voiding the contract, and you are not required to pay fees under that agreement. A template notice is included on this page.

Can the old attorney keep a lien on my settlement after I fire them for barratry?

A lien depends on a valid underlying contract. Because a barratry contract is voidable, the attorney generally has no valid contractual foundation for a charging lien. They may claim quantum meruit (the value of work performed), but courts are reluctant to award this when the attorney engaged in illegal solicitation. A new attorney can help you challenge or escrow any disputed amount at settlement.

Will switching attorneys hurt my personal injury case?

Not necessarily. The transition takes some coordination, but it is done routinely in Texas. The most important consideration is time: Texas has a two-year statute of limitations for most personal injury claims, so you should not delay the switch longer than needed. A new attorney can request your full file, review where the case stands, and pick up the representation without starting from scratch.

If you were solicited by a case runner and want to understand your options, our attorneys are ready to listen. Call (817) 203-2220 or use the chatbot above to start the conversation. There is no cost to talk, and no pressure to commit.