If the champertor has a contractual right to veto settlements, the plaintiff may decide to try an effective breach, or to bargain with the champertor for approval.
The court, however, has never directly ruled on the enforceability of a champertous contract formed between a plaintiff and a champertor other than the plaintiff's lawyer.
That is, the champertor must seek out the real party in interest and encourage or guide the suit, "`offering unnecessary and unwanted advice or services.'" Id.
(34) In fact, the author conducted an interview with one champertor who lends as much as $100,000 in cases nationwide; this champertor did not know his contracts were void in dozens of states.
Except for a few repeat buyers of lawsuits who can minimize their costs, (32) and investors in suits with the prospect for substantial profit, (33) most champertors probably make the deal in ignorance of the law.