HOUSTON – According to state records, there have been an average of more than 100,000 vehicle crashes reported in Harris County each year for the past three years. These crashes involve everything from major accidents to fender-benders.
"There's a fight or a scramble sometimes for those people who are injured," said Houston attorney Randy Sorrels, who is the president-elect of the State Bar of Texas.
Sorrels is referring to the competition among attorneys to represent accident victims. He said he is concerned not everyone is following the rules.
"It affects the truly injured victims," said Sorrels.
Sorrels said the law is clear in that it is the victim who has to seek out the attorney, not the other way around. Those who do not follow these rules can be accused of barratry and the improper solicitation of clients. A person accused of improper solicitation can be charged criminally and sued in civil court. Sorrels said the law was put in place to protect victims.
"They have enough time to make an informed and thoughtful decision on what lawyer they're going to hire," said Sorrels. "So that the legitimately hurt people are properly compensated and the lawyers who play by the rules are, in effect, on a level playing field."
Attorneys are not the only ones who can be accused of improperly soliciting clients. Sorrels said people who contact victims on behalf of attorneys can also be charged or sued. He said those who do this are often referred to as "case runners."
Sorrels explained when an accident happens, police, paramedics and tow trucks show up. If a person is hurt, then they go to a hospital or a clinic. Sorrels said anyone of the people responding to an accident may have access to the victim's personal information. He said the information is passed along and the victim gets a call.
"The whole connotation of 'ambulance chasing,' that came around for a reason; that's illegal," said Houston attorney David Salazar.
Salazar believes the improper solicitation of clients is a huge problem in the industry, especially since most victims do not know they have been improperly approached.
"If someone is calling you at all about your accident and telling you to either go get treatment or go get an attorney -- red flag," said Salazar.
Sorrels currently represents a fellow attorney who is preparing a barratry claim against a southwest Houston clinic. Oliver Brown said his car was sideswiped by a suspected drunken driver who slammed into a tree. Brown said his car was parked on a neighborhood street and the accident happened while he was inside a home visiting a friend.
"Maybe about three weeks later I received a strange call," said Brown. "Asking if he could get me set up with a rental car and a doctor."
Brown said he thought the call was strange because his SUV had minor damage, he was not in his SUV when it was hit and he had not yet filed a claim with his insurance company.
"Why did you need to go to the clinic? You weren't in the car in the accident, therefore, you weren't hurt," asked Channel 2 Investigator Robert Arnold.
"Exactly," said Brown.
Brown said he was suspicious so he played along and allowed an appointment to be set at the clinic.
"I knew what was occurring," said Brown.
Brown said he showed up for his appointment at the Southern Rehabilitation Clinic and recorded his conversation with an employee.
"So your first time here, right?" an employee is heard asking Brown.
"Yeah, supposedly I was going to do some paperwork and you all would get the lawyer and everything for me," Brown is heard replying.
"Uh huh," the employee is heard responding.
Brown said he was then handed a clipboard full of forms, including a "civil power of attorney and employment contract" for a Houston law firm. Brown took the forms home and said he is preparing to file a barratry claim against the clinic.
"They picked the wrong guy to contact in this instance," said Sorrels.
We also showed a copy of the contract Brown said he received at the clinic to KPRC legal analyst Brian Wice.
"Should medical or health care providers be handing out, or having patients fill out power of attorney and employment contracts for law firms?" asked Arnold.
"The short answer is, no, absolutely not," said Wice.
We tried numerous times to speak with the clinic's manager, but did not receive a response. We did speak with the owner of the law firm listed on the contract. KPRC is not naming the firm since it is not accused of any wrongdoing.
The owner of the firm told KPRC the firm "did not provide the contract to the clinic," and "there is no agreement with the clinic, nor does the clinic have permission to sign up clients on the firm's behalf."
Sorrels says as president of the State Bar he'll push for greater enforcement of barratry and improper solicitation, especially since it can cause problems for otherwise legitimate claims.
"Once you taint part of the system, the whole system can be tainted," said Sorrels.
READ: Texas Center for Legal Ethics - Prohibited Solicitations & Payments
File: Texas Center for Legal Ethics - Prohibited Solicitations & Payments
READ: State Bar of Texas - Solicitation and Barratry