Best car accident lawyer in Houston? How to choose one
How to check a Houston car accident lawyer yourself, using official Texas sources, plus Texas contingent-fee rules, questions to ask, and solicitation red flags.
The short answer
InjuryClaimGuide does not rank or rate lawyers, and this guide does not name any. What you can do is check any Houston car accident lawyer yourself: look up the lawyer's Texas license and public disciplinary history with the State Bar of Texas, read the written fee agreement, and ask the questions below. Other ways to find a lawyer, such as the State Bar's referral service, are in How to find a personal injury lawyer in Houston.
Introduction
Searching for a car accident lawyer in Houston usually comes down to one practical question: how do you choose? This guide describes things you can check yourself, using official Texas sources, and questions you can ask any lawyer you are considering. It is general informational guidance, not legal advice, and it does not apply the law to your situation.
Check the lawyer's license with the State Bar of Texas
The State Bar of Texas publishes a public Find A Lawyer directory. A lawyer's profile shows:
- whether the lawyer is eligible to practice in Texas;
- the bar card number and the date the lawyer was licensed in Texas;
- listed practice areas, fee options and any foreign language assistance;
- a "Public disciplinary history" section.
A few practical points:
- Look up the individual lawyer who will work on your matter, not only the firm name.
- If someone tells you they are a lawyer and you cannot find them, ask for their bar card number. Texas Penal Code §38.122 makes it a crime to hold oneself out as a lawyer, for economic benefit, without a current license in good standing.
Read the public disciplinary history
The State Bar's Grievance and Ethics Information page points the public to Find A Lawyer to view a lawyer's disciplinary history. If the profile lists anything, you can ask the lawyer about it directly and decide for yourself how much it matters to you.
Understand how contingent fees work in Texas
Many people hurt in a crash hear the term "contingent fee": a fee that depends on the outcome of the matter. Texas Disciplinary Rule 1.04(d) allows a contingent fee except in matters where a rule or other law prohibits one. Texas law also sets some ground rules for the agreement:
- In writing and signed. A contingent fee contract for legal services must be in writing and signed by the attorney and the client (Tex. Gov't Code §82.065(a)).
- How the fee is figured. The agreement must state the method by which the fee is determined. If the percentage differs depending on whether the matter is resolved without a trial, at trial or on appeal, the agreement must state each percentage (Rule 1.04(d), Texas Disciplinary Rules of Professional Conduct).
- Expenses. The agreement must state the litigation and other expenses to be deducted from any recovery, and whether they are deducted before or after the fee is calculated (Rule 1.04(d)).
- At the end. When a contingent fee matter concludes, the lawyer must give the client a written statement describing the outcome and, if there is a recovery, showing the remittance to the client and how it was determined (Rule 1.04(d)).
You can ask to take the agreement home and read it before you sign. For a plain-language overview, see What Is a Contingency Fee.
Questions to ask in a consultation
A consultation is your chance to ask questions. There is no single right answer to any of these; the answers are for you to weigh.
- Who at the firm will handle my matter day to day, and who do I contact with questions?
- Do you or your staff speak Spanish? (The State Bar profile has a "Foreign Language Assistance" field, and you can also ask directly.)
- How often do your lawyers take cases to trial, and how do you approach negotiations with insurance companies?
- How is your fee calculated, and which expenses would be deducted from any recovery?
- How will you keep me updated, and how quickly do you usually return calls or messages?
- Have you handled matters involving crashes in Houston or Harris County?
If you are still deciding whether to talk to a lawyer at all, When Should You Hire a Personal Injury Lawyer describes situations where people commonly consult one.
Red flags: runners and barratry
Texas law prohibits barratry, the improper solicitation of legal clients. The State Bar's Solicitation and Barratry page explains that, with limited exceptions, a lawyer may not solicit clients in person or by phone, and may not have someone else, including a non-lawyer, solicit clients that way for them. A person who does that soliciting is sometimes called a "runner".
Signs to watch for, with the rule behind each:
- An approach you did not ask for. Someone you did not contact approaches you in person, by phone or through a social media direct message to sign you up with a lawyer (Tex. Penal Code §38.12(a)(2); Disciplinary Rule 7.03(b)).
- An offer of money or a gift. Anyone offers you money, a gift or another benefit to hire a lawyer (Penal Code §38.12(a)(3)).
- Contact too soon after the crash. Texas law generally makes it an offense for a lawyer, and certain other licensed professionals, to send someone who has not asked for their services a written communication or solicitation about a personal injury or accident before the 31st day after the accident (Penal Code §38.12(d)(2)(A)).
- No "ADVERTISEMENT" label. A lawyer's written solicitation to a prospective client generally must be plainly marked or clearly designated "ADVERTISEMENT" (Disciplinary Rule 7.03(d)(2)).
- Pressure. Communications involving coercion, duress, intimidation or undue influence are prohibited (Disciplinary Rule 7.03(c); Penal Code §38.12(d)(2)(E)).
Texas law also protects people who sign up because of barratry. A contract for legal services obtained through conduct that violates Penal Code §38.12(a) or (b), or Disciplinary Rule 7.03, is voidable by the client (Tex. Gov't Code §82.065(b)), and §82.0651 lets the client bring a civil action to void it.
If you think a lawyer, or someone acting for a lawyer, solicited you improperly, write down who contacted you, when and how. The State Bar's Grievance and Ethics Information page explains how to file a grievance, including online.
About InjuryClaimGuide
InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.
Participating law firms pay InjuryClaimGuide to receive leads. InjuryClaimGuide is not a lawyer referral service and is not affiliated with any state bar.
If you choose to submit an intake, InjuryClaimGuide forwards it to participating personal injury firms in your area and case type. Whichever lawyer you consider, through InjuryClaimGuide or on your own, you can use the same checks and questions in this guide. The choice of lawyer is yours. How Lawyer Matching Services Work explains more about services like this one, and What To Do After a Car Accident in Houston covers common first steps after a Houston crash.
Frequently asked questions
- How can I check whether a Houston lawyer is licensed in Texas?
- Search the lawyer's name in the State Bar of Texas Find A Lawyer directory at texasbar.com. A lawyer's profile shows whether the lawyer is eligible to practice in Texas, the Texas license date, and a public disciplinary history section.
- Does a contingent fee agreement in Texas have to be in writing?
- Yes. Texas Government Code §82.065(a) says a contingent fee contract for legal services must be in writing and signed by the attorney and the client. Texas Disciplinary Rule 1.04(d) also says the agreement must state how the fee is determined and which expenses are deducted.
- Is it legal for someone to approach me after a crash to sign me up with a lawyer?
- Texas Penal Code §38.12 generally makes it an offense to solicit employment for a lawyer in person, by telephone, or through a social media direct message, or to offer money or gifts to obtain a client. You can file a grievance with the State Bar of Texas if you think a lawyer, or someone acting for one, solicited you improperly.
- Does InjuryClaimGuide choose or rate the lawyer for me?
- No. InjuryClaimGuide is a legal advertising service, not a law firm and not a lawyer referral service. The choice of lawyer is yours, and you can use the checks in this guide for any lawyer you consider.
Sources
- State Bar of Texas, Find A Lawyer (public attorney directory)
- State Bar of Texas, Grievance and Ethics Information
- State Bar of Texas, Solicitation and Barratry
- Texas Disciplinary Rules of Professional Conduct (Rule 1.04 fees; Rule 7.03 solicitation), State Bar of Texas
- Tex. Gov't Code §82.065 (contingent fee contract in writing; contracts procured by barratry) and §82.0651 (civil action for barratry)
- Tex. Penal Code §38.12 (barratry and solicitation of professional employment) and §38.122 (falsely holding oneself out as a lawyer)
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