Texas Barratry Claims Put Law Firms and Legal Marketers at Risk of $50,000 Penalties
Law firms and companies that market legal services in Texas are facing increased litigation over unsolicited calls and messages to potential clients.
The claims involve barratry, a Texas legal term for certain prohibited efforts to obtain professional business. Under state law, the restrictions can apply not only to attorneys, but also to marketers, lead generators, referral sources, and others involved in soliciting clients on their behalf.
Recent lawsuits are focusing on situations where people allegedly received calls or other communications offering legal services even though they had not requested the contact.
Texas Law Covers Several Types of Solicitation
Texas Penal Code Section 38.12 prohibits certain forms of solicitation when they are made for economic benefit. The law covers activities including telephone calls, social media direct messages, and other electronic communications used to seek professional employment. It also addresses payments made to others to solicit clients.
A key question is whether the person receiving the communication actually asked to be contacted.
For example, someone who submits information and requests contact from a lawyer may be treated differently from someone who receives an unexpected call offering legal services after an accident. Texas law addresses certain communications that were not requested by the prospective client or someone acting on that person’s behalf.
Texas professional conduct rules also restrict lawyers from using certain direct communications to seek business from people who have not requested legal advice or have no qualifying prior relationship with the lawyer.
Penalties Can Reach $50,000
The financial exposure increased significantly under a Texas law that took effect September 1, 2025.
House Bill 4325 raised the civil penalty from $10,000 to $50,000 when a person was solicited through prohibited barratry, did not enter into a legal services contract because of that solicitation, and later prevails in a civil action. The penalty can be recovered from each person who engaged in the barratry. Actual damages and reasonable attorney’s fees may also be available.
Different remedies apply when a person enters into a legal services contract following prohibited barratry. Texas Government Code Section 82.0651 provides for a $10,000 penalty in those cases, along with certain fees, expenses, actual damages, and attorney’s fees.
Lead Generation Creates Added Compliance Risk
Some recent cases involve law firms working with outside marketing companies or lead generators to identify potential clients. These cases raise questions about what happens when a law firm receives a lead suggesting that someone requested contact, but the individual says no such request was made.
The legal risk can also extend beyond Texas barratry law. Some lawsuits include claims under the federal Telephone Consumer Protection Act and Texas telemarketing laws alongside barratry allegations.
For law firms and companies handling outbound marketing, the growing litigation puts greater attention on how leads are collected, whether consumers actually requested contact, and who is involved in making the solicitation.
