McCloskey v. Tobin

Background

McCloskey, a man accused of going after people to handle or collect their claims, was charged under a Texas law that made personal solicitation for claims a crime. The Texas Penal Code originally defined barratry in detail; after a prior decision limited the law to attorneys, the Legislature amended the statute in 1917 to forbid any person from personally soliciting employment to prosecute, defend, present, or collect claims. McCloskey was arrested for allegedly soliciting two claims and sought a writ of habeas corpus, arguing the law violated his rights under the Fourteenth Amendment because claims could be assigned and the claim-adjustment business was not inherently wrongful.

Reasoning

The Court considered whether banning personal solicitation unlawfully took away liberty or property. It explained that forbidding solicitation is a way to regulate how the business operates rather than a flat ban on the business. The opinion said the law targets a long-recognized social harm—stirring up or buying claims for profit, known historically as barratry and champerty—and noted that regulation designed to bring the activity into line with the legal profession’s ethics is reasonable. Relying on history and precedent, the Court concluded the statute did not violate the Fourteenth Amendment and affirmed the lower courts’ denials of habeas relief.

Real world impact

The decision allows Texas to enforce its ban on personal solicitation, making it riskier for non-lawyers and others to seek out claimants in person to handle their cases. It supports laws that limit aggressive claim-hunting and promotes ethical practices tied to lawyers. People who routinely solicit clients for claims can face criminal penalties under this statute.