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 Maryland, barratry, which includes the improper solicitation of clients by an attorney and the unauthorized filing of legal actions, is considered professional misconduct under the Maryland Attorneys' Rules of Professional Conduct. Attorneys found guilty of barratry can face disciplinary actions by the Maryland State Bar, including suspension or disbarment. Maintenance and champerty, historically considered tortious interference with judicial proceedings, have largely been abolished or are not recognized as actionable offenses in Maryland. The state does not have specific criminal statutes addressing maintenance and champerty, and modern case law has limited their application, focusing instead on the ethical obligations of attorneys to avoid conflicts of interest and maintain professional integrity. However, agreements that are purely speculative or that give undue control of litigation to non-parties may still be scrutinized under other legal principles.