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 Ohio, barratry, maintenance, and champerty are addressed under the state's legal framework. Barratry, which involves the improper solicitation of clients by an attorney, is considered unethical and can lead to disciplinary action by the state bar association. Ohio's Rules of Professional Conduct prohibit attorneys from soliciting professional employment from a prospective client through in-person, live telephone, or real-time electronic contact when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. Maintenance and champerty, which involve third-party interference in litigation, are also recognized concepts in Ohio law. While Ohio does not have specific criminal statutes against maintenance and champerty, these practices can be scrutinized under other legal doctrines such as abuse of process or conflict of interest regulations. Additionally, contracts based on champerty and maintenance can be deemed unenforceable if they are found to be contrary to public policy. It's important to note that the specifics of these legal doctrines can be complex and may require further analysis by an attorney to determine their applicability in a particular case.