18.2-451 - Definitions; application and construction of article.
§ 18.2-451. Definitions; application and construction of article.
(a) "Barratry" is the offense of stirring up litigation.
(b) A "barrator" is an individual, partnership, association or corporationwho or which stirs up litigation.
(c) "Stirring up litigation" means instigating or attempting to instigate aperson or persons to institute a suit at law or equity.
(d) "Instigating" means bringing it about that all or part of the expensesof the litigation are paid by the barrator or by a person or persons (otherthan the plaintiffs) acting in concert with the barrator, unless theinstigation is justified.
(e) "Justified" means that the instigator is related by blood or marriageto the plaintiff whom he instigates, or that the instigator is entitled bylaw to share with the plaintiff in money or property that is the subject ofthe litigation or that the instigator has a direct interest in the subjectmatter of the litigation or occupies a position of trust in relation to theplaintiff; or that the instigator is acting on behalf of a duly constitutedlegal aid society approved by the Virginia State Bar which offers advice orassistance in all kinds of legal matters to all members of the public whocome to it for advice or assistance and are unable because of poverty to paylegal fees.
(f) "Direct interest" means a personal right or a pecuniary right orliability.
This article shall not be applicable to attorneys who are parties tocontingent fee contracts with their clients where the attorney does notprotect the client from payment of the costs and expense of litigation, norshall this article apply to any matter involving annexation, zoning, bondissues, or the holding or results of any election or referendum, nor shallthis article apply to suits pertaining to or affecting possession of or titleto real or personal property, regardless of ownership, nor shall this articleapply to suits involving the legality of assessment or collection of taxes orthe rates thereof, nor shall this article apply to suits involving rates orcharges or services by common carriers or public utilities, nor shall thisarticle apply to criminal prosecutions, nor to the payment of attorneys bylegal aid societies approved by the Virginia State Bar, nor to proceedings toabate nuisances. Nothing herein shall be construed to be in derogation of theconstitutional rights of real parties in interest to employ counsel or toprosecute any available legal remedy under the laws of this Commonwealth.
(Code 1950, § 18.1-388; 1960, c. 358; 1975, cc. 14, 15.)