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 Dakota, barratry is not specifically defined under state statutes, but actions that could be considered barratry, such as the unauthorized filing of lawsuits or solicitation of clients, may fall under other legal and ethical violations. Attorneys in North Dakota are bound by the North Dakota Rules of Professional Conduct, which prohibit solicitation that involves coercion, harassment, or duress, and require the attorney to have a reasonable basis for initiating legal proceedings. Regarding maintenance and champerty, North Dakota does not have specific statutes addressing these issues directly. However, the state's legal framework, including contract law and rules on professional conduct, may indirectly address the concerns of maintenance and champerty, such as prohibiting attorneys from acquiring a proprietary interest in the cause of action or subject matter of litigation they are conducting for a client, with certain exceptions. It's important to note that while some jurisdictions have abolished or limited the application of maintenance and champerty, others may still recognize these doctrines to varying degrees. Individuals concerned about these issues should consult with an attorney for advice specific to their situation.