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 Oklahoma, barratry is considered a criminal offense under state law. It involves the improper solicitation of clients by an attorney or someone acting on their behalf. Additionally, filing a legal action without the consent of the named party or accepting a bribe for a favorable decision can also be classified as barratry. Oklahoma statutes address these issues, and attorneys found guilty of barratry can face criminal prosecution and potential consequences regarding their state licensing. Maintenance and champerty, on the other hand, are concepts that relate to third-party involvement in litigation. Maintenance involves unauthorized assistance in a lawsuit by someone with no legitimate interest in the case, while champerty is an agreement where a third party supports a litigant's case in return for a share of any judgment or settlement. The recognition and treatment of maintenance and champerty can vary significantly between states. In Oklahoma, champerty is generally considered contrary to public policy and is not favored by the courts, although it is not specifically criminalized. Maintenance, as a form of meddling in litigation, is also looked upon unfavorably. However, the specific application of laws regarding maintenance and champerty can depend on the circumstances of each case and the interpretation of relevant Oklahoma statutes and case law.