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 Iowa, barratry, maintenance, and champerty are addressed under the state's legal framework. Barratry, which includes the improper solicitation of clients by an attorney and the unauthorized filing of legal actions, is considered unethical and can lead to criminal charges, as well as professional disciplinary actions against the attorney involved. Iowa's rules of professional conduct for attorneys prohibit such practices and ensure that attorneys maintain professional integrity. Maintenance, defined as the improper support of litigation by a non-party with no legitimate interest in the case, and champerty, which is a form of maintenance where the non-party supports the litigation in exchange for a share of the proceeds, are also subject to scrutiny under Iowa law. While historically these practices were considered torts and crimes, modern Iowa law may not explicitly criminalize maintenance and champerty, but such conduct can still have legal implications, particularly in terms of the enforceability of the agreements and the ethical obligations of attorneys. It's important to consult specific Iowa statutes and case law for the most current and detailed regulations regarding these practices.