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 Minnesota, barratry, maintenance, and champerty are addressed under state law. Barratry, which includes the unethical solicitation of clients by an attorney and the filing of legal actions without a plaintiff's consent, is considered professional misconduct and can lead to disciplinary action against an attorney. Minnesota's Rules of Professional Conduct prohibit attorneys from soliciting business by initiating personal contact with a prospective client for the purpose of obtaining professional employment. While Minnesota does not have specific criminal statutes labeling barratry as a crime, such conduct can result in sanctions under the professional rules governing attorney behavior. Maintenance and champerty were historically recognized as torts and crimes in common law, but modern Minnesota law has largely abolished these doctrines, allowing third-party litigation financing under certain circumstances. However, attorneys must still adhere to ethical guidelines regarding conflicts of interest and financial interests in the litigation. It's important for attorneys to navigate these issues carefully to avoid ethical violations.