BARRATRY
In CRIMINAL LAW, the frequent incitement of law-
suits and quarrels that is a punishable offense.
Barratry is most commonly applied to an
attorney who attempts to bring about a lawsuit
that will be profitable to her or him. Barratry is
an offense both at COMMON LAW and under
some state statutes. The broader common-law
crime has been limited by certain statutes. An
attorney who is overly officious in instigating or
encouraging prosecution of groundless litiga-
tion might be guilty of common barratry under
a particular statute. The requirement for the
crime of barratry is that repeated or persistent
acts of litigation are performed by the accused.
Barratry is generally a misdemeanor punishable
by fine or imprisonment. In the case of an attor-
ney, disbarment is the usual punishment. Since
few cases have been prosecuted, barratry is con-
sidered by the legal community at large to be an
archaic crime. This is particularly true today due
to a highly litigious atmosphere.
In maritime law, barratry is the commission
of an act by the master or mariners of a vessel
for an unlawful or fraudulent purpose that is
contrary to the duty owed to the owners, by
which act the owners sustain injury.
A form of barratry is misconduct of the
master of a ship in taking commodities on board
that subject the ship to seizure for SMUGGLING.
It is essential in barratry that a criminal act or
intent exist on the part of the master or mariners
which inures to their own benefit and causes injury to the owners of the ship.
