AUSTIN — A ruling on of the constitutionality of an amended state barratry law that prohibits doctors, chiropractors and other professionals from soliciting clients has been put off for at least a month.
After hearing requests for more time to gather evidence, U.S. District Judge Lee Yeakel on Friday ordered both parties to the suit to be ready for trial by Nov. 16.
But he said that he would move sooner if he learned of anyone being arrested for violating the new law, known as House Bill 148, in the meantime.
The law, which took effect Sept. 1, made it a Class A misdemeanor for a range of professionals — including for the first time chiropractors — to solicit clients directly or indirectly for the first 30 days after an accident or arrest.
Also for the first time, lawyers are forbidden from contacting prospective clients by mail within the 30-day time frame. Previously, only phone or personal solicitations were banned.
The law was passed to curb an unsavory practice known as “case-running” in which accident victims are swiftly inundated by telephone calls and home visits by solicitors eager to sign them up for medical and legal services.
On Aug. 27, a Houston lawyer and an Austin chiropractor filed suit against Attorney General Greg Abbott, but their request for a temporary restraining order was denied.
In their suit, the two claimed that HB 148 is unconstitutional because it violated their First Amendment right to free speech and 14th Amendment right to equal protections.
They also claim it gives insurance companies a 30-day window to make low-ball settlement offers to accident victims who may not be aware of their legal rights.
In his brief defending the new law, Abbott argued that the state has a “substantial interest” in “protecting the privacy of its citizens and protecting citizens from health care or attorney providers who overreach and exert undue influence.”
On Friday, lawyer Martyn Hill, representing chiropractor Donald McKinley of Austin, said the bill was unconstitutional, over-reaching and poorly written.
“HB 148 asserts unprecedented restrictions by criminalizing Dr. McKinley's communications or for permitting his very satisfied patients from sharing his business cards and brochures on chiropractic care,” he argued in his brief.
In a separate but related legal struggle, the City of San Antonio has sued Abbott to prevent third parties from having access to personal accident information.
More than a dozen customers, ranging from national insurance companies to professional solicitors come to the San Antonio Police Department regularly to buy “calls for service” reports.
These reports allow them to identify accident victims, despite state laws designed to keep such information private. The city sued after Abbott ruled the information must be released.
“Our claim is the surveys contain information that should remain confidential by law, and we've gone to court to get a judicial ruling on that,” City Attorney Michael Bernard said.
If the city wins, Bernard said the door will be closed to everyone.
Copyright
2010