Making Champerty Work: An Invitation to State Action

Abstract

Generically, the doctrine of champerty prohibits the sale of the fruit of legal judgment or settlement, in advance of such judgment or settlement, to an otherwise disinterested party.1 Contemporary scholarship tends to assert that the doctrine is vestigial and on the wane.2 In pursuit of efficiency and justice in litigation funding, many propose an outright repudiation of the prohibition against champerty.3 The result of such