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 Delaware, barratry, which includes the improper solicitation of clients by an attorney and the unauthorized filing of lawsuits, is considered unethical and can lead to disciplinary action by the Delaware State Bar Association. While Delaware law does not specifically define barratry as a criminal offense, attorneys engaging in such conduct may face penalties under the state's professional conduct rules. Maintenance and champerty, on the other hand, are not explicitly addressed in Delaware's statutes. Historically, both were considered tortious and criminal, but modern Delaware law does not have specific provisions regarding these practices. However, Delaware courts may still view maintenance and champerty unfavorably, especially if they involve the corruption of justice or the manipulation of legal proceedings. It's important to note that while some jurisdictions have abolished or limited the application of maintenance and champerty, others may still enforce laws against them, reflecting a shift in how the legal system views third-party involvement in litigation.