champerty

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Related to champertous: Champarty
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Words related to 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

References in periodicals archive ?
(16) The Supreme Court of New York had little trouble finding this Agreement champertous, focusing much of their attention to precedent and the interpretation of the champerty statute.
2004) ("Although there are safeguards in place to alleviate the potential evils associated with champertous agreements, respondent fails to provide a compelling reason to completely abandon the doctrine."); Fleetwood Area Sch.
(finding the agreement to advance funds for litigation "champertous
Finally, by avoiding uncertainty as to whether any given deal is champertous or not, a risk factor that is currently raising the cost of financing for plaintiffs will be removed.
However, he said, the supreme court used the risk argument against the companies, saying that if they were sharing in the plaintiff's risk that her case would be unsuccessful, then the transaction was champertous and illegal.
at 350 (giving, as rationale for unlawfulness of "champertous" contracts under which lawyer would get share of proceeds of suit, that "if lawyers have a personal financial interest in the outcome of cases so that their reward depends on the result of the litigation, this may affect the objectivity and impartiality of their advice and undermine the integrity of the administration of justice in that the lawyer as an officer of the court will have a conflict of interest and be torn between self-interest and his or her duty to the court and to the client").
such agreements champertous. (88) Although later jurisprudence decided
[9] The English common law considered them illegal on the ground that they were champertous. [10] The ban appears to have survived in present-day England in large part because of a perception that contingent fees are responsible for excesses resulting from the commercialization of American jurisprudence, [11] as well as the relative reluctance of British subjects to resort to the legal system to redress wrongs.
Florida courts should not undermine the settlement of civil actions by holding litigation loan agreements champertous or invalid Mary Carter agreements.
at 72 ("If champertous contracts can serve any good purpose--and they apparently can--it is not foresight, but the infantile psychosis of 'all-or-nothing' which demands that we discard them altogether.").
(29) In that case, two litigation finance companies and five individuals (including the aforementioned Perry Walton) were found liable for "wrongful interference with a contract and for unfair and deceptive trade practices." (30) In Ohio, a surprising and oft-criticized decision declared litigation finance arrangements to be champertous and thus void under Ohio law.
A champertous agreement is one in which an owner of a legal claim and a third, unrelated party agree to divide amongst themselves the proceeds of a litigation, if successful.
In theory, champertous contracts could fund any sort of litigation.
The two-way fee-shifting rule meant that legal fees were taxed as costs by the court, and so regulated.(162) In addition, English courts banned contingency fee contracts as champertous.(163)