champerty and maintenance

Definition

Unethical practices where someone finances another's lawsuit in exchange for a share of the proceeds (champerty) or meddles in litigation without legitimate interest (maintenance). Once common law crimes, now mostly historical curiosities.

Example Usage

The jurisdiction's archaic champerty laws technically prohibited the litigation funding arrangement, though enforcement was rare.

Origin

Champerty from Old French 'champart' (share of produce); maintenance from Latin 'manutenere' (to hold in hand)

Fun Fact

Modern litigation funding and class action laws would violate traditional champerty rules, which is why most states have abolished or limited them.

Source: Common law torts and historical legal doctrine

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