Barratry - Explanation
Filing Frivolous Actions to Benefit from Legal Fees
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is Barratry?
Barratry describes an unlawful act performed by a lawyer who provokes a conflict or otherwise invites the filing of a lawsuit so he or she can profit from the legal fees.
It usually involves an unfounded (frivolous) claim being filed so the attorney can collect payment from clients.
In the United States, barratry is illegal. An attorney perpetrator is liable to a criminal penalty and disciplinary action by the state bar, which would generally put a lawyer at risk of disbarment.
Related Topics
- Civil Litigation Procedure (Intro)
- What is a civil lawsuit or civil action?
- Who are the parties to a lawsuit?
- What is standing to sue?
- Venue
- What is personal jurisdiction?
- What is a class action?
- What are the pleadings?
- What is discovery?
- What is the scope of discovery?
- What are motions and how are they used?
- What are frivolous cases?
- Barratry
- What is the process of selecting a jury?
- What are the steps involved in a civil trial?
- What is the burden of proof in a civil trial?
- How is a civil trial decided?
- Adjudication
- Default Judgment
- Stipulated Judgment
- Equitable Defenses
- Equitable Relief
- Doctrine of Clean Hands
- Compensatory Damages
- Punitive Damages
- Replevin
- What is joint and several liability?
- Judgment Proof
- What is the process for appeal?
- Amicus Curiae Brief
- How do parties enforce a civil judgment?
- Levy
- Garnishment
- Writ of Attachment
- Writ of Execution
- Writ of Seizure and Sale
- Sheriff's Sale
- What is res judicata