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 Vermont, 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. Vermont'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. While Vermont does not have specific criminal statutes addressing barratry, attorneys engaging in such conduct may face penalties under other related professional misconduct regulations. Maintenance and champerty, historically considered tortious interferences with judicial proceedings, are not specifically addressed in Vermont's statutes. However, the state's legal system generally disfavors third-party meddling in litigation without a legitimate interest. The doctrines of maintenance and champerty may not be as prevalent in modern Vermont law, but contracts or agreements found to be champertous could potentially be deemed unenforceable if they contravene public policy. It is important for attorneys to avoid any appearance of impropriety in these matters to maintain their professional standing and avoid potential legal consequences.