A woman is speaking out after she said an attorney took advantage of her following a crash.

Bertha Martinez said a man who followed her after that crash pretended to want to help, but instead he made a bad situation worse.

"I did not know exactly what to do,” Martinez said.

Martinez said she was involved in a crash near Morrison and frontage roads in Brownsville in early 2025. She was hurt, and she said her husband decided to drive her to the hospital.

But on the way, Martinez said a man followed them.

“Out of nowhere, we see this person that is honking to get our attention, he kind of told us to pull over,” Martinez recalled.

They stopped in a parking lot, and that’s where the man told Martinez and her husband that he could help fix their car and get them in touch with an attorney.

Martinez said it felt like a good idea at the time, and she eventually signed a contract with the attorney she was referred to.

After putting pen to paper, Martinez said all communications with the man and the attorney stopped. 

“It was just the first time that I saw him that I signed the paperwork, and after that I never saw him again,” Martinez said.

Martinez hired a new attorney, who she said explained to her that what she went through is illegal.

Martinez was a victim of barratry, also known as ambulance chasing. Under Texas law, barratry is a felony because attorneys cannot seek out victims to hire them.

Martinez said she feels taken advantage of. 

“It was time wasted when I could have already been ahead with the new lawyer. I had to start all over when I went to the new lawyer,” Martinez said.

Michael Ariens, a law professor at St. Mary's University, said barratry can present itself in different forms, such as phone calls or via third parties like in Martinez’s case.

“Sometimes it is someone who makes a deal with the lawyer. If this person signs to be represented by you, the third party who is not a lawyer will get 35 to 40% of the case," Ariens said.

Ariens said the legal consequences for barratry range from a misdemeanor to a third-degree felony charge. Attorneys could also get in trouble with the state bar.

A new state law went into effect in Texas in September 2025 that increased the penalties for lawyers who commit barratry from $10,000 to $50,000.

“It is a long-standing problem, and one we have not yet resolved in the profession,” Ariens said.

Martinez said she shared her story to prevent others from falling victim. She wants everyone to know barratry is against the law.

“If a stranger approaches you, do your research before you sign with a lawyer, and make sure it's a reliable lawyer,” Martinez said.

Barratry arrests are rare in the Rio Grande Valley, but legal experts said cases are not because people may not know ambulance chasing is against the law.

Those who believe they are victims of barratry are urged to report it. 

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