champerty

Thân thiện

Definition

Noun: 1. An unethical or illegal agreement between a lawyer and a client: In this agreement, the lawyer agrees to finance, carry on, or pay the costs of a lawsuit in exchange for a share of the money or property recovered if the suit is successful. It is considered against public policy as it can encourage frivolous litigation.

Usage

• The term is used primarily in legal contexts to describe a specific type of prohibited financial arrangement in litigation.
• It is often discussed in relation to legal ethics, the history of law, and rules against the commercialization of legal claims.

Examples

• The state's bar association disciplined the attorney for champerty after he funded his client's lawsuit in return for 40% of the settlement.
• Laws against champerty are designed to prevent lawyers from stirring up unnecessary lawsuits for personal profit.
• The court refused to enforce the contract, declaring it void as it constituted champerty.

Advanced Usage

• "Maintenance and champerty": These are often mentioned together. "Maintenance" is the broader offense of improperly assisting in a lawsuit (e.g., by funding it) without a legitimate interest, while "champerty" is a specific form of maintenance where the assister shares in the proceeds.
  • The ancient doctrines of maintenance and champerty have evolved but still influence modern rules on litigation funding.

Variants and Related Words

• Champertous (adjective): Describing an agreement or action that constitutes champerty.
  • The contract was deemed champertous and therefore unenforceable.

Synonyms

• Barratry (in some historical contexts, though barratry often refers more specifically to the vexatious incitement of lawsuits).
• Unlawful litigation funding (a modern descriptive phrase).

Notes on Meaning

• Historically, champerty was a serious offense under common law. While modern rules in many jurisdictions have relaxed or replaced these ancient prohibitions with specific ethical rules, the concept remains relevant in discussions about third-party litigation funding and attorney ethics.
• The key elements are: (1) a lawyer (or sometimes a non-lawyer) (2) provides financial support for a lawsuit (3) in exchange for a share of the recovery.

Học thuật

Noun

1. an unethical agreement between an attorney and client that the attorney would sue and pay the costs of the client's suit in return for a portion of the damages awarded
   • soliciting personal injury cases may constitute champerty