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 Virginia, 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 Virginia State Bar. While Virginia does not have a specific criminal statute that defines barratry, attorneys engaging in such conduct may face penalties under professional conduct rules. Maintenance and champerty, which involve third-party interference in litigation, are not explicitly codified as criminal offenses in Virginia. However, Virginia does recognize the doctrines of maintenance and champerty to some extent in civil contexts, which can affect the enforceability of certain agreements related to litigation. For example, contracts that involve champertous agreements (where a third party funds a lawsuit in exchange for a portion of the proceeds) may be scrutinized and potentially deemed unenforceable if they are found to contravene public policy. It's important to note that the application of these doctrines can be complex and fact-specific, and individuals concerned about these issues should consult with an attorney for guidance on current Virginia law and how it may apply to their situation.