Barratry

What Does Barratry Mean?

In the context of common law, barratry refers to the persistent filing of lawsuits against a specific party without legitimate cause.

While filing multiple lawsuits against a single party can sometimes be justified, it is considered barratry if the primary intent is to harass, punish, inconvenience, or impoverish the targeted individual. Barratry can also involve the filing of frivolous lawsuits with the aim of making a profit.

Barratry is an illegal practice.

Insuranceopedia Explains Barratry

There is a strong incentive for lawyers to sue insurance companies and other wealthy parties for groundless reasons, as they can charge attorney fees and collect a percentage of any settlement. Businesses that face a higher risk of being sued often carry general liability insurance to cover legal defense costs, even when a claim turns out to be groundless.

Lawyers who seek out accident victims (often referred to as “ambulance chasers”) to encourage them to sue are engaging in barratry. Professionals such as doctors, accountants, and consultants typically buy professional liability insurance for the same reason, since the cost of defending against a baseless suit can still be significant.

Class action lawsuits, however, do not fall under the category of barratry, even when some parties in the lawsuit may receive damages without having suffered any personal losses.

While frivolous lawsuits are widely recognized, the term “barratry” has largely fallen into disuse and is not commonly used, even within the legal profession.