Barratry

The practice of persistently instigating lawsuits without legal merit solely to harass an opponent.

Abuse of Process

A common law intentional tort (as distinguished from malicious prosecution) that involves misuse of the public right of access to the courts. It involves the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. The person who abuses process has an interest only in accomplishing some improper purpose such as unjustified arrest or an unfounded criminal prosecution.

Champerty

Champerty exists in common law when a litigant assigns rights in a lawsuit to someone with no connection to the case. The non-party, without a bona fide interest, promises to help the litigant in exchange for part of any settlement. A contingent fee agreement between an attorney and a client provides another example of an unlawful champertous contract at common law when a client borrows money for costs. In modern practice, contingent fees have become acceptable except in certain circumstances such as divorce cases.

Forum Shopping

The practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favorable judgment or defendants who seek to have the case moved to a different court. This has become an increasingly serious problem because it balances the concept of party autonomy against broader concerns of justice and fairness.

Malicious Prosecution

A common law intentional tort. Similar to abuse of process, its elements include intentional and malicious institution of a legal action (civil or criminal) brought without probable cause and dismissed in favor of the victim. Criminal prosecuting attorneys and judges normally have prosecutorial and judicial immunity from tort liability for malicious prosecution.

SLAPP

Strategic Lawsuits Against Public Participation describes litigation filed by corporations or wealthy people to intimidate and silence less powerful critics by so severely burdening them with the cost of a legal defense that they abandon their criticism.

Vexatious Litigation

Lawsuits brought regardless of legal merit solely to harass or subdue an adversary. The litigation can take the form of a primary frivolous lawsuit or repetitive and unwarranted filing of meritless motions in a case which otherwise has a meritorious cause of action. The practice classifies as an abuse of the judicial process and should bring sanctions upon the offender. Repeated and severe instances by a single lawyer or firm can result in their eventual disbarment.