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(Houston Chronicle) Interesting If you're a lawyer, apparently you can be arrested for paying a homeless man to help find you clients   (chron.com) divider line 54
More: Interesting, criminal defense attorney, grand jury, homeless, Perry Mason  
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4402 clicks; posted to Main » on 19 Mar 2010 at 9:43 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



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BBRModitha
2010-03-19 09:48:30 PM
The only acceptable way to help the homeless in Texas is to execute them.. obviously
 
jaytkay
2010-03-19 09:48:57 PM
Barratry? I learned a new word today!

Main Entry: barratry
Pronunciation: \ber--tr, ba-r-\
Function: noun
Inflected Form(s): plural barratries
Etymology: Middle English (Scots) barratrie, from Anglo-French *baraterie, literally, deception, from Old French barater to be active, do business, cause strife, deceive, perhaps from Vulgar Latin *prattare, from Greek prattein, prassein to do - more at practical
Date: 15th century

1 : the purchase or sale of office or preferment in church or state
2 : an unlawful act or fraudulent breach of duty by a master of a ship or by the mariners to the injury of the owner of the ship or cargo
3 : the persistent incitement of litigation
 
char_boy
2010-03-19 09:52:28 PM
Totally unethical practices.

The law does prohibit me from promising you a big cash settlement. But, between you and me, I promise you a BIG CASH SETTLEMENT!
 
jaytkay
2010-03-19 09:56:14 PM
Texas law prohibits lawyers or anyone working for them to directly solicit business.

??
 
natetimm
2010-03-19 10:00:23 PM
So the homeless guy still goes down and the lawyer gets off on procedural bullshiat. Someone please explain to me how the homeless guy can be guilty, but the lawyer isn't even though he admitted to hiring him?

/Perry Mason haha
 
Flashlight
2010-03-19 10:01:31 PM
so much for the freedom of association
 
Gyrfalcon [TotalFark]
2010-03-19 10:01:50 PM
jaytkay: Texas law prohibits lawyers or anyone working for them to directly solicit business.

??

So Texas doesn't have all those endless annoying personal injury attorney TV ads? That could be the one good thing about the Lone Star State.

How do you get business (in ANY business) if you can't directly solicit it?
 
Maxson
2010-03-19 10:03:25 PM
All of the lawyers' associations cracked down on soliciting after the ambulance-chasing went too far. You can't run up to a victim and offer your services Pulp Fiction-style anymore.
 
generaltimmy
2010-03-19 10:04:36 PM
natetimm: So the homeless guy still goes down and the lawyer gets off on procedural bullshiat. Someone please explain to me how the homeless guy can be guilty, but the lawyer isn't even though he admitted to hiring him?

/Perry Mason haha

knowledge (of the law) is power. Did he pay the ssi taxes and such? Sick the IRS after him
 
char_boy
2010-03-19 10:04:44 PM
You can't go to someone who's had an accident and solicit them directly to be their lawyer. That doesn't bar advertising generally. No literal ambulance chasing, in other words. In most states, it's a breach of ethics that could get you disbarred.
 
Panty Sniffer
2010-03-19 10:05:57 PM
Fee splitting with a non-lawyer? Yeah, that's a big no-no that can get you disbarred. What you want to do is give generous Christmas gifts for good clients. In the case of shady doctors, you need to refer your clients to them for excessive treatment. That's how it works. Trust me, I'm a lawyer.
 
jmadisonbiii
2010-03-19 10:06:14 PM
Texas law prohibits lawyers or anyone working for them to directly solicit business.

Means lawyers or anyone working for them cannot directly approach potential clients in person and offer services.
 
Cranialsodomy
2010-03-19 10:06:22 PM
The ABA model rules of professional conduct prohibits this too, so most states do. But that's a sanction by the bar - To make it a crime is something else.
 
Nabb1 [TotalFark]
2010-03-19 10:06:58 PM
Gyrfalcon: jaytkay: Texas law prohibits lawyers or anyone working for them to directly solicit business.

??

So Texas doesn't have all those endless annoying personal injury attorney TV ads? That could be the one good thing about the Lone Star State.

How do you get business (in ANY business) if you can't directly solicit it?

Advertising to the public is okay - with some certain ethical restrictions - but solicitation is the act of directly approaching someone you know or suspect has need of specific legal services and trying to get their business. An attorney can run an ad on TV touting his expertise in personal injury law, but he can't go to the scene of a car wreck and hand out business cards or have anyone acting on his behalf do it.
 
justoneznot
2010-03-19 10:12:46 PM
jmadisonbiii: Texas law prohibits lawyers or anyone working for them to directly solicit business.

Means lawyers or anyone working for them cannot directly approach potential clients in person and offer services.

Shouldn't Gloria Allred be locked up for the rest of her life then?
 
jaytkay
2010-03-19 10:13:41 PM
So if we were a Texas lawyer, and asked somebody, "I notice you've been in the hospital, are you claiming all your medical deductions?" That's out of bounds?

Disclaimer: Yes, I know soliciting legal advice on Fark is retarded.
 
donh [TotalFark]
2010-03-19 10:15:59 PM
Nabb1: Gyrfalcon: jaytkay: Texas law prohibits lawyers or anyone working for them to directly solicit business.

??

So Texas doesn't have all those endless annoying personal injury attorney TV ads? That could be the one good thing about the Lone Star State.

How do you get business (in ANY business) if you can't directly solicit it?

Advertising to the public is okay - with some certain ethical restrictions - but solicitation is the act of directly approaching someone you know or suspect has need of specific legal services and trying to get their business. An attorney can run an ad on TV touting his expertise in personal injury law, but he can't go to the scene of a car wreck and hand out business cards or have anyone acting on his behalf do it.

So. Texas police stations are directly related to car wrecks!

/this makes sense
//more sense than most lawyers
//certainly more sense than most cops
 
discospinster
2010-03-19 10:16:34 PM
jaytkay: Barratry? I learned a new word today!

It sounds more like champerty to me.

/champed him, too
 
video man [TotalFark]
2010-03-19 10:16:43 PM
Nabb1: Gyrfalcon: jaytkay: Texas law prohibits lawyers or anyone working for them to directly solicit business.

??

So Texas doesn't have all those endless annoying personal injury attorney TV ads? That could be the one good thing about the Lone Star State.

How do you get business (in ANY business) if you can't directly solicit it?

Advertising to the public is okay - with some certain ethical restrictions - but solicitation is the act of directly approaching someone you know or suspect has need of specific legal services and trying to get their business. An attorney can run an ad on TV touting his expertise in personal injury law, but he can't go to the scene of a car wreck and hand out business cards or have anyone acting on his behalf do it.

Wait. So say if I were I lawyer, I couldn't suggest my services, pro-bono, to my friend for, say, a known violation at the workplace?
 
Panty Sniffer
2010-03-19 10:17:24 PM
Texas rules (new window, PDF) Seems pretty standard.
 
siromega
2010-03-19 10:17:29 PM
Maxson: All of the lawyers' associations cracked down on soliciting after the ambulance-chasing went too far. You can't run up to a victim and offer your services Pulp Fiction-style anymore.

You cant have someone sitting in a hospital waiting room talking to families about lawyers. Some even went as far as to try and get patient medical records (new window) to find out who the lawyer should call up to solicit business.
 
jaytkay
2010-03-19 10:18:56 PM
discospinster: jaytkay: Barratry? I learned a new word today!

It sounds more like champerty to me.

/champed him, too

Normally that would be pedantry, but not this time.
 
Panty Sniffer
2010-03-19 10:27:54 PM
Attention all Farkers from Illinois or Indiana who may have been injured, whether in the workplace or somewhere else. I have 20 years experience as a personal injury attorney and may be able to get you the settlement or judgment you deserve. I offer a free consultation to evaluate your case and will pay all the costs of a lawsuit if it comes to that. EIP.

I think that is perfectly legal. And don't email me. I don't want crap-ass matters.
 
WFern
2010-03-19 10:30:10 PM
Panty Sniffer: Attention all Farkers from Illinois or Indiana who may have been injured, whether in the workplace or somewhere else. I have 20 years experience as a personal injury attorney and may be able to get you the settlement or judgment you deserve. I offer a free consultation to evaluate your case and will pay all the costs of a lawsuit if it comes to that. EIP.

I think that is perfectly legal. And don't email me. I don't want crap-ass matters.

Does "personal injury" cover emotional distress? I have some trolls I'd like to sue.
 
Megain
2010-03-19 10:32:15 PM
WFern: Panty Sniffer: Attention all Farkers from Illinois or Indiana who may have been injured, whether in the workplace or somewhere else. I have 20 years experience as a personal injury attorney and may be able to get you the settlement or judgment you deserve. I offer a free consultation to evaluate your case and will pay all the costs of a lawsuit if it comes to that. EIP.

I think that is perfectly legal. And don't email me. I don't want crap-ass matters.

Does "personal injury" cover emotional distress? I have some trolls I'd like to sue.

you let trolls get you emotionally distressed?
 
Cranialsodomy
2010-03-19 10:35:15 PM
video man: Nabb1:

Wait. So say if I were I lawyer, I couldn't suggest my services, pro-bono, to my friend for, say, a known violation at the workplace?

Soliciting for pro bono work is generally okay.
 
Guairdean
2010-03-19 10:35:29 PM
I want to know if Lloyd Oliver will take Perry Mason's case Pro Bono.
 
LeafyGreens
2010-03-19 10:36:35 PM
I was looking for something today to grease up a tractor fitting today and as luck would have it a plaintiff's attorney happened along for cheaper than a can of WD40.

They're everywhere these days!
 
HairBolus
2010-03-19 10:40:49 PM

Barratry and "case running" has long been a problem in South Texas but there are somany corrupt lawyers down there it still goes on.

Here is a the novel The Case Runner centered around the practices.

ecx.images-amazon.com

After the novel came out there was a bunch of spectulation about which real life figures were described in the novel.

"In the jargon of South Texas, a 'case-runner' is someone who makes a living by soliciting clients for personal injury lawyers through a web of contacts with police, courthouse officials, funeral homes, morgues and medical workers.

Even though state law makes direct or telephonic solicitation a misdemeanor, case-running remains alive and well. Barratry, as the offense is formally known, is rarely reported and less often prosecuted in South Texas."
 
Panty Sniffer
2010-03-19 10:46:39 PM
WFern: Does "personal injury" cover emotional distress? I have some trolls I'd like to sue.

Absolutely. Intentional infliction of emotional distress and negligent infliction of emotional distress are valid torts in both states. NIED is really hard to prove though and does not at all apply on the internet, but I do have experience with it from the defense side (I beat it). We can sue whoever trolled you, their ISP and Drew. Again, this costs you nothing. I will pay all filing fees. Chances are one of the parties will settle. EIP.

Again, just joking around. Don't email me.
 
ertai_lapis
2010-03-19 11:00:36 PM
Panty Sniffer: WFern: Does "personal injury" cover emotional distress? I have some trolls I'd like to sue.

Absolutely. Intentional infliction of emotional distress and negligent infliction of emotional distress are valid torts in both states. NIED is really hard to prove though and does not at all apply on the internet, but I do have experience with it from the defense side (I beat it). We can sue whoever trolled you, their ISP and Drew. Again, this costs you nothing. I will pay all filing fees. Chances are one of the parties will settle. EIP.

Again, just joking around. Don't email me.

I can't imagine anyone taking legal advice from someone known as "Panty Sniffer."
 
Gyrfalcon [TotalFark]
2010-03-19 11:03:12 PM
ertai_lapis: Panty Sniffer: WFern: Does "personal injury" cover emotional distress? I have some trolls I'd like to sue.

Absolutely. Intentional infliction of emotional distress and negligent infliction of emotional distress are valid torts in both states. NIED is really hard to prove though and does not at all apply on the internet, but I do have experience with it from the defense side (I beat it). We can sue whoever trolled you, their ISP and Drew. Again, this costs you nothing. I will pay all filing fees. Chances are one of the parties will settle. EIP.

Again, just joking around. Don't email me.

I can't imagine anyone taking legal advice from someone known as "Panty Sniffer."

The guy in the camera/skirt case below just might.
 
Day_Old_Dutchie
2010-03-19 11:04:55 PM
Typical lawyer ad in Canada says they are "Barristers and Solicitors"

So, they have to know how to make fancy coffee and turn tricks to be lawyers up here.

/Isn't the English language just wonderful?
 
NotARocketScientist
2010-03-19 11:12:42 PM
So. Texas police stations are directly related to car wrecks!

Train wreck is what comes to my mind when I think of texas.
 
snake_beater
2010-03-19 11:14:05 PM
Even though state law makes direct or telephonic solicitation a misdemeanor, case-running remains alive and well. Barratry, as the offense is formally known, is rarely reported and less often prosecuted in South Texas.

Smashing through the boundary
Avarice has found me
Cannot stop the barratry

/got nothing
 
tortilla burger
2010-03-19 11:24:22 PM
I thought that was pretty clever. Whatever works, man
 
jjorsett
2010-03-19 11:28:07 PM
If only they'd outlaw champerty as well.
 
Panty Sniffer
2010-03-19 11:30:30 PM
ertai_lapis: I can't imagine anyone taking legal advice from someone known as "Panty Sniffer."

It's an internet handle meant to be amusing and is not on my business cards. I do know my sh*t. And nothing above posted should be construed as legal advice and in no manner should be relied upon as legal advice. Furthermore, in no way was an attorney/client relationship established between myself and anyone who read this thread.

/had to add that in to cover my ass
 
VictorOfBorge
2010-03-19 11:31:22 PM
Barratry is illegal for lawyers? Whew! It's a good thing they didn't make Buggery illegal otherwise lawyers would be totally out of business!
 
jaytkay
2010-03-19 11:34:33 PM
Panty Sniffer: Furthermore, in no way was an attorney/client relationship established between myself and anyone who read this thread.

DAMMIT!! WHAT KINDA shiat IS THAT? I was gonna quote noted legal scholar "Panty Sniffer" in court Monday!!1!
 
Dexter's Next Victim
2010-03-19 11:59:01 PM
Oliver said he befriended a homeless man named Perry Mason, who sells cigarettes and bottles of water outside of the jail

thankandgrowrich.files.wordpress.com
 
Links
2010-03-20 12:04:50 AM
jaytkay: Barratry? I learned a new word today!

I did too. But weirdly I learned it reading an old Heinlein novel this afternoon and then ran into it again when I read this article. Spooky.
 
aquaticphoenix
2010-03-20 01:28:57 AM
They actually prosecuted someone for barratry? I thought that was just something they kept on the ethics exam out of respect for antiquated tradition!

/ don't lie to your clients
// don't steal from your clients
/// try not to sleep with your clients
//// does it really need to be more complicated than that? The MPRE can kiss my hairy, Italian arse.
 
Ball Zitch
2010-03-20 01:36:34 AM
jaytkay: Panty Sniffer: Furthermore, in no way was an attorney/client relationship established between myself and anyone who read this thread.

DAMMIT!! WHAT KINDA shiat IS THAT? I was gonna quote noted legal scholar "Panty Sniffer" in court Monday!!1!

Dude, I'd almost be willing to pay your contempt of court fees just so you'd do it. It may actually make its way to the Fark.com main page!
 
devek
2010-03-20 02:09:42 AM
So if a lawyer can't directly solicit business...

Why is it when you get bailed out of jail, you suddenly get criminal defense law firms mailing you advertisements?

I get about 5 or 6 letters each time.
 
cedarpark
2010-03-20 04:38:17 AM
VictorOfBorge: Barratry is illegal for lawyers? Whew! It's a good thing they didn't make Buggery illegal otherwise lawyers would be totally out of business!

Buggery doesn't pay nearly as well, though.
 
tripperday
2010-03-20 07:00:17 AM
Dexter's Next Victim: Oliver said he befriended a homeless man named Perry Mason, who sells cigarettes and bottles of water outside of the jail

I can't believe you and I are the only ones that find the homeless guy's name hilarious.
 
TheSignPost [TotalFark]
2010-03-20 07:06:31 AM
Aw, man, I miss Perry Mason.

That was the sh_t when I was a kid.


/ it was in re-runs
// i still got it, ladies!
/// gestures with onion
 
Bad_Jew
2010-03-20 12:02:38 PM
Gyrfalcon: jaytkay: Texas law prohibits lawyers or anyone working for them to directly solicit business.

??

So Texas doesn't have all those endless annoying personal injury attorney TV ads? That could be the one good thing about the Lone Star State.

How do you get business (in ANY business) if you can't directly solicit it?

They mean direct solicitation as in, finding someone who needs a lawyer, going up to them and offering your services. TV ads or billboards don't count as direct communication.
 
Bad_Jew
2010-03-20 12:06:11 PM
God, I hate not reading threads all the way through before I comment. Ignore the one above.

jaytkay: So if we were a Texas lawyer, and asked somebody, "I notice you've been in the hospital, are you claiming all your medical deductions?" That's out of bounds?

Disclaimer: Yes, I know soliciting legal advice on Fark is retarded.

Lawyers =/= accountants (thank god)
 
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