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 Maine, 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 professional misconduct and can lead to disciplinary action against an attorney. Maine's Rules of Professional Conduct prohibit attorneys from soliciting clients in a manner that is harassing or coercive, and from filing frivolous lawsuits. While Maine does not have specific criminal statutes addressing barratry, attorneys engaging in such conduct may face penalties from the state bar association. Maintenance and champerty, historically common law doctrines, are not specifically codified as criminal offenses in Maine. However, Maine law does recognize the potential for abuse in third-party litigation funding and has ethical rules in place that prevent attorneys from sharing legal fees with non-attorneys or paying others to generate referrals, which can indirectly address issues related to maintenance and champerty. It's important to note that the application of these doctrines can be complex and may vary depending on the specific circumstances of a case.