Barratry is the improper solicitation of a client done by or on behalf of an attorney and is a criminal offense in most states. The filing of a lawsuit or other legal complaint without the permission of the named plaintiff or complainant may also constitute barratry. And a judge who accepts a bribe in exchange for a favorable decision may be guilty of barratry.
Maintenance refers to improper assistance in prosecuting or defending a lawsuit, provided by someone who has no legitimate interest in the case—also known as meddling in someone else's litigation.
And champerty is an agreement between a litigant and an intermeddler in a lawsuit in which the intermeddler helps the litigant pursue the claim in exchange for receiving part of any settlement or judgment in the litigation.
Laws regarding barratry, maintenance, and champerty vary from state to state and are usually located in a state's statutes—often in the penal code or criminal code. Barratry is illegal in all states, with criminal prosecution and state licensing implications for attorneys who engage in the practice. But the maintenance and champerty doctrines are not recognized in all states.
In Arizona, barratry is considered an unethical practice for attorneys and is addressed under the rules that regulate attorney conduct. Specifically, the Arizona Rules of Professional Conduct prohibit attorneys from soliciting clients in a manner that is harassing or coercive, which would include barratry. While Arizona does not have a specific criminal statute that defines barratry, attorneys engaging in such conduct could face disciplinary action by the State Bar of Arizona, including suspension or disbarment. Regarding maintenance and champerty, Arizona has largely abolished these doctrines, meaning that third-party funding of litigation is generally permissible. This reflects a modern trend in many jurisdictions where litigation financing by third parties is seen as a way to provide access to the legal system for those who might not otherwise afford it. However, any agreements must still comply with ethical rules concerning conflicts of interest and the attorney's duty of loyalty to their client.