A Harris County man who was injured in an automobile accident filed a barratry lawsuit against Dallas lawyer Thomas Bowers III, alleging that Bowers made an unsolicited visit to his hospital room in March and tried to sign him up as a client.
In response to the allegations, Bowers said he did not attempt to sign plaintiff Victor Gonzalez as a client. He said he represented the driver of a vehicle in the accident, and wanted to secure Gonzalez as a witness.
“The lawsuit is frivolous,” Bowers said.
Gonzalez alleges in the May 20 petition that he received “serious personal injuries” in the March 15 accident, and, while Gonzalez was in a hospital in Houston, “defendant paid an unsolicited visit to Mr. Gonzalez’s hospital room, and attempted to sign Mr. Gonzalez up as a client related to his potential personal injury claims.
“At no time did Mr. Gonzalez contact defendant, ask him to visit his hospital room or to be his lawyer,” Gonzalez alleges in Victor Gonzalez v. Thomas D. Bowers III, filed in the 189th District Court in Harris County.
Ross Sears, a partner in Sears Crawford in Houston, who represents Gonzalez, questions Bowers’ assertions.
“The lawyer for my client was actually there [in the hospital room] and spoke with Mr. Bowers and obviously has a different version of what happened,” Sears said.
Gonzalez brings a barratry cause of action against Bowers under Texas Government Code §§82.065 and 2.065(a), the barratry section of the Texas Disciplinary Rules of Professional Conduct and Texas Penal Code §38.12. Gonzalez seeks a $10,000 penalty provided under Texas’ barratry statute, attorney fees, costs and other damages.