CHAPTER 35

An Act to define the crime of barratry; to define certain terms; to prohibit
barratry and to provide penalties for persons found guilty thereof;
to prohibit aiding and abetting barrators; to authorize certain courts of
record to enjoin barratry and to prescribe the officers who may
bring suits therefor; to provide that conduct prohibited by the act
shall constitute unprofessional conduct and be grounds for revocation
of licenses to practice certain professions.

[H 63]

Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. § 1. Definitions.

(a) “Barratry” is the offense of stirring up litigation.

(b) A “barrator” is an individual, partnership, association or corpo-
ration who or which stirs up litigation.

(c) “Stirring up litigation” means instigating or attempting to
instigate a person or persons to institute a suit at law or equity.
(d) “Instigating” means bringing it about that all or part of the
expenses of the litigation are paid by the barrator or by a person or
persons (other than the plaintiffs) acting in concert with the barrator,
unless the instigation is justified.

(e) “Justified” means that the instigator is related by blood or
marriage to the plaintiff whom he instigates, or that the instigator is
entitled by law to share with the plaintiff in money or property that is the
subject of the litigation or that the instigator has a direct interest in the
subject matter of the litigation or occupies a position of trust in relation
to the plaintiff; or that the instigator is acting on behalf of a duly consti-
tuted legal aid society approved by the Virginia State Bar which offers
advice or assistance in all kinds of legal matters to all members of the
public who come to it for advice or assistance and are unable because of
poverty to pay legal fees.
abi ie “Direct interest” means a personal right or a pecuniary right or
iability.

This act shall not be applicable to attorneys who are parties to con-
tingent fee contracts with their clients where the attorney does not protect
the client from payment of the costs and expense of litigation, nor shall
this act apply to any matter involving annexation, zoning, bond issues,
or the holding or results of any election or referendum, nor shall this
act apply to suits pertaining to or affecting possession of or title to real
or personal property, regardless of ownership, nor shall this act apply to
suits involving the legality of assessment or collection of taxes or the
rates thereof, nor shall this act apply to suits involving rates or charges
or services by common carriers or public utilities, nor shall this act apply
to criminal prosecutions, nor to the payment of attorneys by legal aid
societies approved by the Virginia State Bar, nor to proceedings to abate
nuisances. Nothing herein shall be construed to be in derogation of the
constitutional rights of real parties in interest to employ counsel or to
prosecute any available legal remedy under the laws of this State.

§ 2. It shall be unlawful to engage in barratry.

§ 3. A person found guilty of barratry, if an individual, shall be
guilty of a misdemeanor, and may be punished as provided by law; and
if a corporation, may be fined not more than ten thousand dollars. If the
corporation be a foreign corporation, its certificate of authority to transact
business in Virginia shall be revoked by the State Corporation Commission.

§ 4. A person who aids and abets a barrator by giving money or
rendering services to or for the use or benefit of the barrator for com-
mitting barratry shall be guilty of barratry and punished as provided
in § 3.

§ 5. Courts of record having equity jurisdiction shall have juris-
diction to enjoin barratry. Suits for an injunction may be brought by
the Attorney General or the attorney for the Commonwealth.

§ 6. Conduct that is made illegal by this act on the part of an
attorney at law or any person holding a license from the State to engage
in a profession is unprofessional conduct. Upon hearing pursuant to the
provisions of § 54-74 of the Code, or other statute applicable to the pro-
fession concerned, if the defendant be found guilty of barratry, his license
to practice law or any other profession shall be revoked for such period
as provided by law.

2. An emergency exists and this act is in force from its passage.