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 Mississippi, barratry is not specifically defined under state statutes, but actions that could be considered barratry, such as the unethical solicitation of clients by attorneys, could fall under general professional misconduct regulations governed by the Mississippi Rules of Professional Conduct. These rules prohibit attorneys from soliciting in-person or real-time electronic contact with a prospective client with whom the attorney has no family or prior professional relationship when a significant motive for the attorney's doing so is the attorney's pecuniary gain. Regarding maintenance and champerty, Mississippi does not have specific statutes that address these issues directly. However, the state's case law has historically disfavored champerty and maintenance, considering them contrary to public policy. Despite this, modern trends in the legal system, such as the acceptance of contingency fees and the rise of litigation financing, have blurred the lines of what constitutes impermissible maintenance and champerty. It's important to note that while some traditional doctrines of champerty and maintenance may not be as strictly enforced as in the past, contracts or agreements that are purely speculative or that encourage frivolous lawsuits may still be scrutinized or deemed unenforceable by Mississippi courts.