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 Rhode Island, barratry, which includes the improper solicitation of clients by an attorney and the unauthorized filing of lawsuits, is considered unethical and can lead to disciplinary action by the Rhode Island Bar Association. While Rhode Island law does not specifically define barratry as a criminal offense, attorneys engaging in such conduct may face penalties under other related statutes and ethical rules. Maintenance and champerty, historically regarded as tortious interference with judicial proceedings, are not explicitly recognized in Rhode Island's statutes. However, Rhode Island courts may still consider the principles underlying these doctrines when evaluating the conduct of parties involved in litigation. It's important to note that while some jurisdictions have abolished or limited the application of maintenance and champerty, others may still enforce them to varying degrees. Attorneys in Rhode Island must adhere to the Rules of Professional Conduct, which prohibit actions that would amount to barratry, maintenance, or champerty.