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 Hawaii, barratry, which includes the improper solicitation of clients by an attorney, is addressed under the state's Rules of Professional Conduct rather than as a criminal offense. These rules prohibit attorneys from soliciting professional employment from a prospective client through in-person, live telephone, or real-time electronic contact unless the attorney has a family or prior professional relationship with the prospective client. The filing of a lawsuit without the permission of the named plaintiff may also be considered unethical conduct under these rules. As for maintenance and champerty, Hawaii does not have specific statutes criminalizing these practices. However, Hawaii courts have historically disfavored champerty and maintenance arrangements as they may conflict with public policy by encouraging frivolous litigation. It's important to note that while these practices are not specifically codified as criminal offenses, they can still have legal and professional consequences for those involved.