Barratry bill on track to become law

A bill nearing final approval in the Texas House includes a provision that creates a civil cause of action against an attorney who engages in barratry. State Rep. Todd Smith, a Euless Republican who is the author of H.B. 148, says he will concur with Senate amendments to the bill. H.B. 148 expands the conditions that constitute the Class A misdemeanor offense of barratry to include solicitations by telephone as well as in person. Under the Senate amendments to the bill, a client can file a civil suit against the client’s attorney for violations of Texas Penal Code provisions that prohibit barratry, falsely holding oneself out as a lawyer or the unauthorized practice of law or for violating the Texas Disciplinary Rules of Professional Conduct prohibition on engaging in barratry. If the client prevails in the suit, the Senate amendments authorize recovery of any legal fees paid to the lawyer and, in addition, up to twice the amount the lawyer received as a result of the unlawful solicitation. Referring to attorneys who “run” cases, Smith, a Bedford solo and personal-injury plaintiffs attorney, says, “We have to do something about this.” Today is the last day for the House to either concur with Senate amendments to House bills or to request a conference committee. Smith says he believes he has the votes for concurrence on H.B. 148.
-- Mary Alice Robbins