ABOLITION OF THE DOCTRINES OF CHAMPERTY AND MAINTENANCE IN PAKISTAN

Abstract

The doctrines of champerty and maintenance, along with the related concepts of conditional and contingent fee are still treated as sins in Pakistan and India, because, those who administer the law and manage the legal system consider themselves heirs of the ancient British empire. The doctrines are today working against the interests of the common man.
These doctrines stand in the way of lawyers willing to support those persons who neither have the fee nor the awareness to stand up for the violation of their rights. The lawyers can help such people for a share of the damages to be awarded. To facilitate such support, these doctrines were first abolished in the United States followed by many other jurisdictions. More recently, the United Kingdom has also abolished these doctrines and has permitted lawyers to share damages in return for services rendered. In a country like Pakistan where the poor people silently and passively suffer injuries, the abolition of these doctrines can bring about a revolution in the law of torts and the protection of the rights of those subjected to injuries. Lawyers and judges, however, act like silent spectators in this case, although they are the ones who stand to gain the most besides the poor and downtrodden people of Pakistan. This paper argues for the abolition of these ancient doctrines for removing the shackles from the legal system of Pakistan.