The rule of turning to a lawyer – this is the ethical rule. A lawyer is not allowed to file a complaint, which means they cannot find out that someone has been involved in a car accident and contact that person to be represented. It`s advertising, and it`s illegal, and it`s prohibited by the rules of professional conduct, the Texas State Bar. An injured person must first contact the lawyer, either send an email or phone message or come to meet with the lawyer. They must first contact the lawyer or, if they are incapacitated or injured to such an extent that they cannot do so, an immediate family member, parent, spouse or child can contact the lawyer. Then the lawyer can hand them over. I get cases from the Texas State Bar Association, they refer cases because I`m on their practitioner list, and in situations where the Texas State Bar sends me a potential client, I will deal with them. Or they send me a notification that this person is looking for a lawyer and I will contact them. I will treat them as if they were a close friend or family member trying to bring the injured person to me.
Apart from these situations, it is illegal and unethical for a lawyer to turn to an injured person for representation. This is called advertising. For more information, see AaronAllisonLawFirm.com. When people learn that we work in the legal field, we are often asked questions. Of course, we all know that we cannot give legal advice, but we are often asked if we know a lawyer who can help them. In these situations, you need to be careful when referring someone to a particular lawyer. If you refer someone to a lawyer you don`t work with, there`s probably no problem unless that lawyer thanks you by giving you something of value. However, it can be more complicated to refer someone to a lawyer you work with. Even if your lawyer or firm doesn`t reward you for the referral, you could simply benefit by bringing the work to the firm and maybe even providing you with work. Does this mean you`ll be rewarded with a recommendation? Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct contains guidelines for lawyers who recruit clients, including the prohibition on contacting potential clients about a “matter arising from a particular event or event” and on paying or giving a non-lawyer anything of value to recruit or recommend potential clients (there are special rules for solicitation services). The new law provides that a contract for legal services may be cancelled by the client if it is acquired as a result of conduct that violates the laws of that state or the Texas Professional Conduct Disciplinary Rules of the Texas State Bar with respect to Barratry by attorneys or others. This third category also includes solicitations or communications that involve (1) a false, fraudulent, misleading, misleading or misleading statement or allegation, or (2) coercion, coercion, fraud, assault, harassment, intimidation or undue influence.
In 2011, the Texas legislature amended Tex. Gov`t Code § 82.065 and added § 82.0651. These legislative changes strengthened civil remedies for clients and created a new civil remedy for non-clients exposed to a claim that violates Barratry`s laws or disciplinary rules. Rule 7.05 also extends the situations in which advertising or invitations are excluded from the filing requirements of Rule 7.04. Some of the most notable are: Texas law allows you to file a lawsuit to cancel the contract, with attorneys` fees as well as an additional penalty of $10,000. Thus, in the case of your $100,000 bill, you could claim the 50% refund because the contract is invalid. You would need to hire a lawyer for the bariter trial, but you would get your attorney`s fees and expenses reimbursed if you win, PLUS $10,000 in penalty. `A lawyer may not, by personal contact, regulated telephone or other electronic contact within the meaning of point (f), seek professional employment in relation to a matter arising from an event or series of events or particular events, with a potential client or a non-client who has not sought the opinion of the lawyer in relation to the employment or with whom the lawyer: does not maintain a family or past or present relationship with a lawyer if a material reason for the lawyer to do so is the lawyer`s financial gain. I participate in an email forum for paralegals and on occasion, forum members have asked if other members work for references to lawyers who practice certain areas of law, including lawyers who work with forum members. Again, this practice is acceptable because the people who provide the references do not attract customers, but only respond to the requests of others. Sections 82.065 and 82.0651 of the amended Texas Government Code created new civil remedies against attorneys and other professionals who operate Barratry.
For agent contracts, the amended articles of association apply only to contracts concluded on or after 1 September 2011. Since we are in the legal field, people will always turn to us for references to lawyers, even references to the lawyers we work with. As long as you don`t encourage these referrals and as long as your lawyers and firm don`t reward you for referrals, you should be ethically good at soliciting. Most legal assistants know that we cannot attract clients to the lawyers we work with specifically, as this is prohibited by the above rules. However, it may not be clear how far this prohibition extends. While this includes many activities, it is also about prohibiting paralegals from recruiting clients for lawyers. Texas has criminalized Barratry since 1876. Citing definitions from legal dictionaries, Texas courts have generally found Barratry guilty of “vexatious incitement to litigation, particularly soliciting potential legal clients” or “committing the crime of. To stir up quarrels and lawsuits, whether in court or otherwise. These vague descriptions say little and could apply to most legitimate forms of solicitation, advertising and marketing.
Lance Christopher Kassab is a Houston-based plaintiff attorney who focuses solely on cases of legal error and legal ethics. If you believe you have been harmed as a result of your lawyer`s misconduct and are interested in the services of a lawyer who specializes in legal errors, please contact Kassab Law Firm for advice. The first category of offences has subcategories focusing on (a) unauthorized claims; (b) advertising; and (c) payment or transfer of value to obtain employment.