Officials investigate allegations of 'ambulance chasing'

In mid-December, a 56-year-old man was injured in a car accident in Hidalgo County. He gave his cellphone number to the McAllen police officers who responded and to emergency room personnel at Edinburg Regional Medical Center where he received treatment.

Early the next morning, a lawsuit alleges, the man, a disabled veteran residing in McAllen, was barraged with calls on that number from a local personal injury attorney who told him he could represent him and get a settlement from the car accident.

The lawyer, or representatives from the lawyer’s office, called the man at least six times, the lawsuit claims. The man felt harassed and beleaguered by the attorney’s phone calls, the suit says.

The lawsuit, filed last week, alleges that attorney Ezequiel Reyna Jr., based in Hidalgo County, illegally solicited business from the man after his accident.

The lawsuit is the most recent of several civil suits filed in the Rio Grande Valley on the issue of barratry, commonly called ambulance chasing.

Barratry, a felony, is widespread in the Valley, according to some personal injury attorneys. The crime received attention in mid-December when Brownsville police arrested two men.

Police say they are now investigating a handful of other local attorneys on suspicion of barratry.

Cameron County District Attorney Armando Villalobos said his office is reviewing criminal cases against Miguel Angel Contreras, 29, and Rene Gabriel Hinojosa, 37, who are accused of tracking down people shortly after their involvement in a vehicle crash and referring them to a San Antonio-based personal injury attorney, Raul Perales, who has a satellite office in Brownsville.

Two civil lawsuits are pending in Cameron County against Hinojosa and Perales, in addition to the suit in Hidalgo County against Reyna.

The state’s barratry law — part of the criminal code — says lawyers, or those employed by them, cannot approach victims of an accident and offer to represent them.

But the civil lawsuits recently filed in the Rio Grande Valley will test a relatively new law that went into effect Sept. 1, under which accident victims solicited by lawyers may pursue civil action against the offending attorney.

“This is aimed at the attorney-client relationship in general,” said attorney David Willis, who filed the lawsuits against Perales and Reyna. “The selection of counsel should be done freely and voluntarily by the client himself.

“It should not be influenced by someone who has profit as a motive.”

The barratry law states a potential client can sue for attorney’s fees, damages and a $10,000 penalty if a lawyer even attempts to solicit them.

Willis said he could not comment on the merits of his cases but said the $10,000 fine provided for by legislators shows the importance of protecting the attorney-client relationship.

“That relationship is subject to undue influence and abuse. That’s what the law is aimed at protecting,” Willis said.

Humberto Tijerina, a personal injury attorney based in McAllen but with a satellite office in Brownsville, said he frequently encounters barratry.

“It’s like the elephant in the room,” he said. “It happens all the time, but nobody talks about it.”

Tijerina said he has worked with clients in the Valley who lawyers have contacted less than 24 hours after an accident on cellphone numbers they gave to the police and hospital. The callers misrepresent themselves, pretending to be from state agencies, he said. They call five to 10 times a day with the eventual goal of persuading the person to hire them to get a settlement.

“That’s what gives attorneys a bad name,” he said. “We try to provide a good service.”

Tijerina said he generates clients from advertising and referrals.

While people now have recourse in civil courts to counter barratry, it is still foremost a felony.

Ted Torres of the Brownsville Police Special Investigations Unit said officers are currently investigating several Brownsville law firms for barratry.

“It’s something that has always taken place,” Torres, who worked on the investigation that led to the arrest of Contreras and Hinojosa, said.

But police can’t investigate without a complaining victim, he said.

After the arrest of Contreras and Hinojosa went public, several more victims came forward, and investigators are now looking at a “handful” of law practices for violations, Torres said.

But Tijerina said barratry cases often don’t come to light because of a lack of awareness. People don’t realize they have been victimized, he said.

“People receive the phone calls and don’t know it’s illegal,” Tijerina said. “There’s a complete lack of awareness.”