Proposed Bill Seeks to Prevent Lawsuit with More Lawsuits

Posted on April 12, 2011 by Tom Crane

 Barratry is generally defined as a lawyer illicitly seeking clients.  A lawyer cannot solicit clients directly.  So, one state legislator has decided the best way to avoid barratry is to allow more lawsuits.    Sen. Robert Duncan, R-Lubbock, has proposed a bill in the Texas legislature that would allow civil lawsuits against persons (ie, lawyers) who commit the offense of barratry.  See Texas Lawyer report. 

Under the terms of his proposed bill, a victim of barratry could sue the offending lawyer and collect attorney's fees, costs of the new lawsuit and $10,000 as a civil penalty.  The current offense of barratry only applies to personal injury lawsuits.  But, the proposed bill would widen the offense to all lawsuits. 

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tom crane - May 11, 2011 8:04 AM

This bill passed both houses of the state legislature and is now sitting on Gov. Perry's desk waiting for his signature.

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