NOUN
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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
How To Use champerty In A Sentence
- In this regard, we further observe that recognition of the right of an amicus to present an issue that the parties have no desire to further litigate would constitute judicial recognition of a lawyer relief rule—inviting lawyers and nonparties otherwise without standing to seek out and engage in mischief that would readily be likened to barratry, champerty, or maintenance. The Volokh Conspiracy » Free Speech and Funeral Picketing:
- Interestingly, the prohibition against maintenance, including champerty, was a result of Twelfth Century tort reform.
- His actions have a whiff of the old offence of maintenance and champerty, meddling in another's law suit for his own advantage.
- unlike champerty, criminal maintenance does not necessarily involve personal profit
- That is why I referred to barratry and the old common law rules about maintenance and champerty.
- Maintenance “is officious intermeddling in a suit which in no way belongs to the intermeddler, by maintaining or assisting either party to the action, with money or otherwise, to prosecute or defend it,” in other words, helping another prosecute a suit, while champerty is a species of maintenance “in which the intermeddler makes a bargain with one of the parties to the action to be compensated out of the proceeds of the action,” in other words maintaining a suit in return for a financial interest in the outcome. Rare champerty ruling in false advertising case
- It is said to be Victoria where the agreement is made, a State in which maintenance and champerty is no longer unlawful, perhaps not even tortious.
- It is associated with the torts of champerty and maintenance.
- It is a defence to the tort of maintenance or champerty that the person interfering in the litigation has an interest recognised by law in the proceedings.
- Consett Iron, which was a decision before criminal and tortious liability for maintenance and champerty were abolished by the Criminal Law Act 1967.