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 North Carolina, barratry, maintenance, and champerty are considered misconduct in the legal profession. Barratry, which involves the improper solicitation of clients by an attorney, is not only unethical but can also lead to criminal charges and disciplinary action by the North Carolina State Bar. Maintenance and champerty, which involve third-party interference in litigation, are also frowned upon. While North Carolina does not have specific statutes that address maintenance and champerty as criminal offenses, these practices can still have legal consequences. They can lead to the dismissal of the lawsuit and potential disciplinary action against the attorney involved. Furthermore, contracts based on champerty and maintenance are generally considered void and unenforceable in North Carolina. It's important for attorneys to avoid any actions that could be construed as barratry, maintenance, or champerty to maintain their professional standing and avoid legal repercussions.