Barratry consists of:
A. intentionally instigating, maintaining, exciting, prosecuting or encouraging the bringing of any suit in any court of this state in which such person has no interest, with the intent to distress or harass the defendant;
B. intentionally bringing or prosecuting any false suit by a person on his own account, with intent to distress or harass the defendant therein;
C. any attorney-at-law seeking or obtaining employment in any suit or case to prosecute or defend the same by means of personal solicitation of such employment or, procuring another to solicit employment for him; or
D. any attorney-at-law seeking or obtaining employment in any suit, by giving to the person from whom the employment is sought anything of value or directly or indirectly paying the debts or liabilities of the person from whom such employment is sought or loaning or promising to give or otherwise grant anything of value to the person from whom such employment is sought before such employment in order to induce such employment.
Whoever commits barratry is guilty of a misdemeanor.
History: 1953 Comp., § 40A-27-3, enacted by Laws 1963, ch. 303, § 27-3.
Cross references. — For rule relating to attorney conflict of interest, see Rule 16-108 NMRA.
For requirement that attorney's claims and contentions be meritorious, see Rule 16-301 NMRA.
For rule relating to attorney advertising, see Rule 16-702 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Champerty and Maintenance § 20.
Purchase of cause of action by attorney as champertous, 4 A.L.R. 173.
Quantum meruit or implied contract, right of attorney to recover upon, for services rendered under champertous contract, 85 A.L.R. 1365.
Validity of agreement between attorney and layman to divide attorney's fees or compensation for business of third person, 86 A.L.R. 195.
Solicitation, right of attorney to recover for services performed under contract procured by, 86 A.L.R. 517.
Government or agencies of government, law as to champerty or maintenance as applied to agreement with respect to bringing and prosecution of claims against, 106 A.L.R. 1494.
Contract by one person to defend litigation that has been or may be instituted against another as champertous, 121 A.L.R. 847.
Assertion of defense of champerty in action by champertous assignee, 22 A.L.R.2d 1000.
Validity and propriety of arrangement by which attorney pays or advances expenses of client, 8 A.L.R.3d 1155.
Maintenance of lawyer reference system by organization having no legal interest in proceedings, 11 A.L.R.3d 1206.
7A C.J.S. Attorney and Client § 149; 14 C.J.S. Champerty and Maintenance §§ 25, 26.