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 Florida, barratry, which includes the improper solicitation of clients by an attorney, is considered unethical and can lead to disciplinary action by the Florida Bar. While Florida does not have a specific criminal statute titled 'barratry,' actions that constitute barratry could fall under other criminal offenses such as fraud or solicitation. Maintenance and champerty were historically common law doctrines that prohibited third-party interference in litigation. Florida has largely abolished the doctrines of maintenance and champerty as torts and crimes, allowing for third-party litigation funding under certain circumstances. However, any such agreements must not encourage frivolous lawsuits or give the third-party undue control over the litigation. Attorneys must adhere to the Rules of Professional Conduct, which set forth the standards for ethical behavior, including prohibitions on acquiring a proprietary interest in the cause of action or subject matter of litigation they are conducting for a client, with some exceptions.