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champerty
cham·per·ty C0234500 (chăm′pər-tē)n. pl. cham·per·ties A sharing in the proceeds of a lawsuit by an outside party who has funded or assisted in funding the litigation.
[Middle English champartie, from Old French champart, the lord's share of the tenant's crop, from Medieval Latin campars, campīpars : Latin campī, genitive of campus, field; see campus + Latin pars, part; see part.]
cham′per·tous (-təs) adj.champerty (ˈtʃæmpətɪ) n, pl -ties (Law) law (formerly) an illegal bargain between a party to litigation and an outsider whereby the latter agrees to pay for the action and thereby share in any proceeds recovered. See also maintenance[C14: from Anglo-French champartie, from Old French champart share of produce, from champ field + part share (a feudal lord's)] ˈchampertous adjcham•per•ty (ˈtʃæm pər ti)
n. a sharing in the proceeds of litigation in return for helping to prosecute or defend a case. [1300–50; Middle English champartie <champart < Middle French: share of the produce (=champ field (see camp1) + part share, part)] cham′per•tous, adj. Thesaurus| Noun | 1. | champerty - 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"actus reus, wrongful conduct, misconduct, wrongdoing - activity that transgresses moral or civil law; "he denied any wrongdoing"law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" |
champerty
champertyn. an agreement between the party suing in a lawsuit (plaintiff) and another person, usually an attorney, who agrees to finance and carry the lawsuit in return for a percentage of the recovery (money won and paid.) In Common Law this was illegal on the theory that it encouraged lawsuits. Today it is legal and often part of a "contingent fee" agreement between lawyer and client. It is not the same as barratry which is active encouragement of lawsuits. (See: barratry) champerty see MAINTENANCE AND CHAMPERTY.CHAMPERTY, crimes. A bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law, the champertor undertaking to carry on the suit at his own expense. 1 Pick. 416; 1 Ham. 132; 5 Monr. 416; 4 Litt. 117; 5 John. Ch. R. 44; 7 Port. R. 488.
2. This offence differs from maintenance, in this, that in the latter the person assisting the suitor receives no benefit, while in the former he receives one half, or other portion, of the thing sued for. See Punishment; Fine; Imprisonment; 4 Bl. Com. 135.
3. This was an offence in the civil law. Poth. Pand. lib. 3, t. 1; App. n. 1, tom. 3, p. 104; 15 Ves. 139; 7 Bligh's R. 369; S. C. 20 E. C. L. R. 165; 5 Moore & P. 193; 6 Carr. & P. 749; S. C. 25 E. C. L. R. 631; 1 Russ. Cr. 179 Hawk. P. C. b. 1 c. 84, s. 5.
4. To maintain a defendant may be champerty. Hawk. P. C. b. 1, c. 84, s.8 3 Ham. 541; 6 Monr. 392; 8 Yerg. 484; 8 John. 479; 1 John. Ch. R. 444;, 7 Wend. 152; 3 Cowen, 624; 6 Cowen, 90. champerty
Words related to champertynoun 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 awardedRelated Words- actus reus
- wrongful conduct
- misconduct
- wrongdoing
- law
- jurisprudence
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