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What Can a Plaintiff Recover in a Barratry Case?

Staff Writer3 years ago

Texas’s Section 82.0651 covers Civil Liability for Prohibited Barratry. It allows a victim of barratry to sue the person they believe practiced the crime in civil court.

What the Law Provides a Successful Plaintiff

  • The section allows for a successful palintiff to receive “all fees and expenses paid to that person under contract.” This means if an attorney talked their client into filing a frivolous lawsuit, solely to profit off attorney fees, the victim can receive a refund if successful.
  • Furthermore, the section allows that “the balance of any fees and expenses paid to any other person under contract” are also recoupable. So any money that the victim paid out to other parties due to the lawyer’s bad advice can also be refunded.
  • Along with attorney fees, if the victim’s lawsuit is successful, they are also entitled to “actual damages caused by the prohibited conduct.” So any further money that was lost or any damage that was done to the person (physical or otherwise) that can have a monetary sum ascribed to it will also be refunded.

Potential Benefits of New Law

  • The idea behind the law is to give victims greater recourse in the face of the crime.
  • Lawmakers are also hoping it creates a stronger deterrent for people who would consider playing a role in barratry.
  • By being able to sue a barrator in civil court, Texas lawmakers believe that more victims will come foward and be allowed to recover expenses paid to a barrator as well as be compensated for the damage done to a client's case.
Contact an Experienced Barratry Attorney

A lawyer, service provider, or health care provider who is willing to break the law by committing a felony or misdemeanor is also willing to ruin your case or take your money. Whether your case has settled or not, contact Thomas J. Henry to understand your legal rights. We represent clients/victims all over the country.

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