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  • Barratry in New York

    Can a lawyer in NY be imprisoned or disbarred for harassing and annoying individuals with obsessively filing frivilous, meritless lawsuits? Isn't this barratry?

  • #2
    Originally posted by gizmogalv View Post
    Can a lawyer in NY be imprisoned or disbarred for harassing and annoying individuals with obsessively filing frivilous, meritless lawsuits? Isn't this barratry?
    Can you prove that the attorney is filing merely to harrass? Or is the attorney simply following the instructions of someone else?

    A quick Google search (for 'barratry' and "new york") found the following:
    http://books.google.com/books?id=tEE...um=5&ct=result

    You have to demonstrate that they did it intentionally to 'vex or annoy'. Just how do you intend to prove that? Furthermore, it's a misdemeanor in NY, so the attorney certainly can't be imprisoned and probably not disbarred.

    You're better off asking the judge to start awarding you attorney's fees. If the cases really are as frequent and frivolous as you claim, you can probably get an order for the OP to pay your legal fees - which might put a stop to it.

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    • #3
      You might get more responses by posting this in the Courts forum elsewhere on this site. This is not an issue, specifically, of employment law, the expertise of the responders on this particular forum.

      Barratry? Now there's a word you don't hear every day.
      Last edited by Pattymd; 12-28-2008, 04:14 PM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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