Two Men in Texas Charged For `Ambulance Chasing`
Dec. 16--Two men connected to a local law office face criminal charges for soliciting clients shortly after their involvement in car accidents, and several of the former clients have filed civil lawsuits against the practicing attorney, court documents show.
Brownsville residents Miguel Angel Contreras, 29, and Rene Gabriel Hinojosa, 37, are charged with barratry, or what is sometimes slangily referred to as "ambulence chasing." Hinojosa faces additional charges of falsely representing himself as a lawyer.
Texas law prohibits lawyers, and their employees, from seeking out people who may need legal representation after a particular incident, such as a car accident or workplace injury.
The men solicited business from five different people after they were involved in car accidents in which they suffered injuries, several criminal complaints allege.
Contreras and Hinojosa worked for a law practice at 302 Kings Highway, Suite 203, the complaints state. Civil lawsuits filed Thursday allege San Antonio-based attorney Raul Perales operates the law practice. Perales is named as a defendant in the lawsuit, along with Hinojosa.
Late in August, Contreras approached several people involved in a car accident shortly after it occurred, the complaint says. He convinced them to follow him to the office on Kings Highway and sign contracts with Hinojosa to pursue personal injury actions.
Hinojosa is not authorized as a licensed attorney, according to the Texas state bar association database.
Court documents show the men also solicited business from two people involved in a car accident in October.
Brownsville police spokesman J.J. Trevino said Hinojosa identified himself to the clients as a lawyer.
"Mr. Contreras would actively look for accident victims and refer them to Mr. Hinojosa," Trevino said.
Investigators have so far seized $114,000 from the men, Trevino said. They would draw up contracts for the clients, and take 33 percent of the settlement awarded.
In two separate civil lawsuits filed Thursday in the 444th state District Court, four former clients of Hinojosa claim his conduct after the accident caused them "great anxiety, suffering, inconvenience and emotional pain."
Although the lawsuits name Perales as a defendant, Trevino said it is still unclear what role, if any, the San Antonio lawyer played in the operation. He currently faces no criminal charges.
The civil lawsuit alleges Perales is responsible for the actions of Hinojosa because he worked for Perales out of his Brownsville satellite office.
The lawsuits, submitted by attorney David Willis, say Hinojosa promised them a settlement and payment for medical treatment if the victims of the accident would come to the law office and sign representation agreements.
The two lawsuits each name two plaintiffs: Amanda Wright and Robert Roiz of Brownsville and Maria Lopez and Pedro Petino of San Benito.
The accident victims were injured, and fearful because they did not have insurance, the lawsuit states.
An employee at the law office on Kings Highway said no one in the office would comment before hanging up the phone. Perales did not return several messages left at his San Antonio office.
Perales was licensed to practice law in Texas in 1999, after receiving a law degree from Texas Southern University in 1998, according to the Texas state bar association database. He has never been sanctioned by the Texas state bar.
Police arrested Contreras and Hinojosa Wednesday. Contreras is charged with three counts of barratry and Hinojosa with six counts of barratry and six counts of falsely holding oneself as a lawyer.
Both were released on a $2,000 bond, jail records show.
Enacted to protect vulnerable accident victims, the state's barratry law regarding civil action lawsuits is relatively new, effective Sept. 1. Attorneys can now face civil action as well as criminal action for soliciting business at an accident scene.
The law also states lawyers cannot employ someone to do so in their place.
Brownsville personal injury lawyer Alexander Begum, who is not associated with this case, said his office uses a big marketing campaign, utilizing billboards and television ads, to generate business.
"That's the way most attorneys function, through advertising and referrals," he said. "No one should be knocking on people's doors."
Copyright 2011 - The Brownsville Herald, Texas
