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 Louisiana (LA), barratry is considered a criminal offense under Louisiana Revised Statutes 14:401, which prohibits the solicitation of clients by attorneys or their agents when such solicitation is uninvited and includes a promise of financial gain. The statute specifically addresses the issue of attorneys or their representatives soliciting business for pecuniary gain without being asked by the client. Violation of this law can lead to penalties including fines and imprisonment. Regarding maintenance and champerty, Louisiana law does not have specific statutes that address these issues directly. However, Louisiana follows the general principles of common law, which traditionally disfavors maintenance and champerty as they can lead to frivolous litigation and conflicts of interest. While not explicitly codified, Louisiana courts may view maintenance and champerty unfavorably, especially if they involve unethical or illegal conduct. It's important to note that the application of these principles can vary based on the specifics of each case, and Louisiana's approach to these doctrines may be influenced by its unique blend of civil law and common law traditions.