                                 CODE OF VIRGINIA

DEFINITIONS; APPLICATION AND CONSTRUCTION OF ARTICLE (§ 18.2-451)

a. &#8220;Barratry&#8221; is the offense of stirring up litigation.

b. A &#8220;barrator&#8221; is an individual, partnership, association or
corporation who or which stirs up litigation.

c. &#8220;Stirring up litigation&#8221; means instigating or attempting to
instigate a person or persons to institute a suit at law or equity.

d. &#8220;Instigating&#8221; 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. &#8220;Justified&#8221; 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 constituted
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.

f. &#8220;Direct interest&#8221; means a personal right or a pecuniary right or
liability.
			This article shall not be applicable to attorneys who are parties to
contingent 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
article apply to any matter involving annexation, zoning, bond issues, or the
holding or results of any election or referendum, nor shall this article apply
to suits pertaining to or affecting possession of or title to real or personal
property, regardless of ownership, nor shall this article apply to suits
involving the legality of assessment or collection of taxes or the rates
thereof, nor shall this article apply to suits involving rates or charges or
services by common carriers or public utilities, nor shall this article 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 Commonwealth.

HISTORY: Code 1950, § 18.1-388; 1960, c. 358; 1975, cc. 14, 15.