# Business Occupations and Professions (GBO)

## Title 10. Lawyers

### Subtitle 1. Definitions; General Provisions

#### Section 10-101

(a) In this title the following words have the meanings indicated.

(b) "Admission to the Bar" means, unless the context requires otherwise, authorization by the Supreme Court of Maryland to practice law in the State.

(c) "Attorney at law" means a lawyer who, while practicing law, represents another person.

(d) "Bar" means, unless the context requires otherwise, the Bar of the Supreme Court of Maryland.

(e) "Board" means the State Board of Law Examiners.

(f)

  (1) "Court" means, unless the context requires otherwise:

    (i) the Supreme Court of Maryland;

    (ii) the Appellate Court of Maryland;

    (iii) a circuit court; or

    (iv) the District Court of Maryland.

  (2) "Court" does not include:

    (i) an orphans' court; or

    (ii) the Maryland Tax Court.

(g) "Lawyer" means an individual who is admitted to the Bar.

(h)

  (1) "Practice law" means to engage in any of the following activities:

    (i) giving legal advice;

    (ii) representing another person before a unit of the State government or of a political subdivision; or

    (iii) performing any other service that the Supreme Court of Maryland defines as practicing law.

  (2) "Practice law" includes:

    (i) advising in the administration of probate of estates of decedents in an orphans' court of the State;

    (ii) preparing an instrument that affects title to real estate;

    (iii) preparing or helping in the preparation of any form or document that is filed in a court or affects a case that is or may be filed in a court; and

    (iv) giving advice about a case that is or may be filed in a court.

#### Section 10-102

This title does not limit the right of:

(1) an individual to appear on the individual's own behalf before a court or other unit of the State government;

(2) a title insurance company to examine and to insure titles to real property;

(3) a collection company to engage in the business of collecting or adjusting commercial claims; or

(4) a lawyer who is employed on a regular salaried basis by a corporation to represent the corporation before a court or other unit of the State government.

#### Section 10-103

(a) Subject to this title, the Supreme Court of Maryland shall adopt rules that govern the standards and procedures for admission to the Bar.

(b) The rules under this section shall include provisions for:

  (1) a uniform system of Bar examination in the State;

  (2) the registration of each applicant for admission to the Bar;

  (3) the qualifications of each applicant for admission to the Bar;

  (4) the examination of the character of each applicant for admission to the Bar; and

  (5) the fees to be paid by an applicant.

### Subtitle 2. Admission to Bar

#### Section 10-201

There is a State Board of Law Examiners.

#### Section 10-202

(a)

  (1) The Board consists of 7 members.

  (2) Each member shall be a lawyer.

  (3) The Supreme Court of Maryland shall appoint the members of the Board.

(b) Each member of the Board shall have been a lawyer for at least 5 years.

(c)

  (1) The term of a member is 5 years and begins on January 1.

  (2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

  (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (5) The Supreme Court of Maryland may reappoint a member.

(d) A majority of the authorized membership of the Board is a quorum.

#### Section 10-203

The Board shall pay all money collected under this title into the General Fund of the State.

#### Section 10-206

(a) Except as otherwise provided by law, before an individual may practice law in the State, the individual shall:

  (1) be admitted to the Bar; and

  (2) meet any requirement that the Supreme Court of Maryland may set by rule.

(b) This section does not apply to:

  (1) a person while representing a landlord in a summary ejectment or a rent escrow proceeding in the District Court of Maryland;

  (2) a person while representing a tenant in a summary ejectment or a rent escrow proceeding in the District Court of Maryland if the person is:

    (i) a law student practicing in a clinical law program at a law school accredited by the American Bar Association with the in-court supervision of a faculty member; or

    (ii) employed by a nonprofit organization receiving grants from the Maryland Legal Services Corporation and:

      (1) the person has training and experience;

      (2) the person is supervised by a lawyer; and

      (3) the supervising lawyer's appearance is entered in the proceeding;

  (3) an insurance company while defending an insured through staff counsel;

  (4) an officer of a corporation, an employee designated by an officer of a corporation, a partner in a business operated as a partnership or an employee designated by a partner, a member of a limited liability company or an employee designated by a member of a limited liability company, or an employee designated by the owner of a business operated as a sole proprietorship while the officer, partner, member, or employee is appearing on behalf of the corporation, partnership, limited liability company, or business in a civil action in the District Court of Maryland or an appeal from the District Court of Maryland if:

    (i) the action or appeal:

      (1) is based on a claim that does not exceed the amount set under Sec. 4-405 of the Courts Article for a small claim action; and

      (2) is not based on an assignment, to the corporation, partnership, or business, of the claim of another;

    (ii) in the case of a designated employee, the employee:

      (1) is not assigned on a full-time basis to appear in the District Court on behalf of the corporation, partnership, or business;

      (2) provides the court a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the corporation, partnership, limited liability company, or sole proprietorship and may bind the corporation, partnership, limited liability company, or sole proprietorship on matters pending before the court; and

      (3) is not an individual who is disbarred or suspended as a lawyer in any state; and

    (iii) the corporation, partnership, limited liability company, or business does not contract, hire, or employ another business entity to provide appearance services;

  (5) an individual who is authorized by a county employee to represent the employee at any step of the county's grievance procedure;

  (6) a director or an officer of a common ownership community while representing the common ownership community in a dispute, hearing, or other matter before a board or commission established to oversee one or more of the following common ownership communities:

    (i) a development subject to a declaration enforced by a homeowners association as defined in Sec. 11B-101 of the Real Property Article;

    (ii) a residential condominium as defined in Sec. 11-101 of the Real Property Article; or

    (iii) a cooperative housing corporation as defined in Sec. 5-6B-01 of the Corporations and Associations Article; or

  (7) an individual authorized to practice law in the State by the Supreme Court of Maryland.

(c)

  (1) In this subsection, "practice patent law":

    (i) means to perform professional services that the Patent and Trademark Office requires to be performed by an individual registered to practice before that Office; and

    (ii) includes preparing a copyright application or assignment and submitting it to the Copyright Office of the Library of Congress.

  (2) While there is a Patent and Trademark Office in the State, an individual may practice patent law in the State if the individual is:

    (i) authorized to practice law in any other state; and

    (ii) registered to practice patent law before the Patent and Trademark Office.

  (3) Unless otherwise authorized under this title, an individual who practices patent law under this subsection may not:

    (i) appear as an attorney at law in a court; or

    (ii) practice law generally in the State.

(d)

  (1)

    (i) In this subsection the following words have the meanings indicated.

    (ii) "Affiliate" means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with an employer.

    (iii) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of, whether through the ownership of voting securities, by contract, or by some other means, the management and policies of a person.

  (2) Subject to paragraph (3) of this subsection, this section does not apply to an individual who is admitted to the bar of any other state, while giving legal advice to the individual's employer or the employer's organizational affiliates.

  (3) An individual who gives legal advice under this subsection:

    (i) is subject to disciplinary proceedings as the Maryland Rules provide; and

    (ii) may not appear before a unit of the State government or of a political subdivision unless a court grants the individual a special admission in accordance with Sec. 10-215 of this subtitle.

#### Section 10-207

(a) To qualify for admission to the Bar, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant shall be of good character and reputation.

(c) An applicant shall be at least 18 years old as of the date of admission.

(d) An applicant shall:

  (1) have completed the academic work necessary to meet the minimum requirements for admission to an American Bar Association approved law school; and

  (2) have a degree of juris doctor or its equivalent from a law school that the Board recognizes.

(e) An applicant shall pass a written examination given by the Board under this subtitle.

(f) An applicant shall meet any other qualification or requirement that the Supreme Court of Maryland establishes by rule.

#### Section 10-208

(a) An applicant for admission to the Bar shall submit to the Board a petition to the Supreme Court of Maryland on the form that the Board provides.

(b) An applicant shall pay to the Board:

  (1) an examination fee, as set by the Supreme Court of Maryland, not exceeding:

    (i) $250 for fiscal year 2009; and

    (ii) $400 for fiscal year 2010 and thereafter; and

  (2) any other fee set by the Supreme Court of Maryland.

#### Section 10-209

(a)

  (1) An applicant who otherwise qualifies for admission to the Bar is entitled to be examined as provided under this section.

  (2) Notwithstanding Sec. 10-207(c) of this subtitle, an individual under the age of 18 years may take the examination.

(b) Subject to the rules adopted by the Supreme Court of Maryland, the Board periodically shall give examinations to applicants at the times and places that the Board determines.

(c) The Board shall give each applicant notice of the time and place of examination.

(d) Subject to the rules adopted by the Supreme Court of Maryland, the Board shall determine the subjects, scope, and form of and the passing score for examinations.

(e) The Board shall report to the Supreme Court of Maryland:

  (1) the results of each examination that the Board gives; and

  (2) recommendations about the character and reputation of each applicant who passes the examination.

#### Section 10-210

(a) An applicant who is a member of the bar of another state may become a member of the Bar of this State if the applicant:

  (1) is of good character and reputation;

  (2) provides adequate evidence that, for at least 5 of the 7 years immediately before applying for admission to the Bar, the applicant was practicing law or teaching law or was a judge;

  (3) pays the application fee set by the Supreme Court of Maryland; and

  (4) passes an examination given by the Board.

(b) The Supreme Court of Maryland may adopt rules to govern:

  (1) the content and administration of an examination given under this section;

  (2) the determination of the character and reputation of applicants; and

  (3) any other matter necessary to provide for the admission to the Bar of applicants under this section.

#### Section 10-211

If an applicant meets the requirements of this Part II of this subtitle, the Supreme Court of Maryland shall pass an order of admission of the applicant to the Bar.

#### Section 10-212

On admission to the Bar, a lawyer shall take the following oath or affirmation in open court:

"I do solemnly (swear) (affirm) that I will at all times demean myself fairly and honorably as an attorney and practitioner at law; that I will bear true allegiance to the State of Maryland, and support the laws and Constitution thereof, and that I will bear true allegiance to the United States, and that I will support, protect and defend the Constitution, laws and government thereof as the supreme law of the land; any law, or ordinance of this or any state to the contrary notwithstanding."

#### Section 10-213

(a) Subject to subsection (b) of this section and while an admission to the Bar is in effect, the admission authorizes a lawyer to practice law in any court.

(b) Before a lawyer may practice law, the lawyer shall satisfy any additional requirement set by rule of the Supreme Court of Maryland.

#### Section 10-214

The Supreme Court of Maryland may revoke an order of admission to the Bar that is obtained fraudulently or deceptively.

#### Section 10-215

(a) Subject to subsections (b) and (c) of this section, on a motion filed as required by rules adopted by the Supreme Court of Maryland, a court may grant special admission to practice law in a particular case to an individual who is:

  (1) admitted to the bar of another state; and

  (2) employed by a party in the case before:

    (i) a court or other unit of the State government; or

    (ii) a unit of a political subdivision of the State.

(b) A special admission to practice law may be granted only:

  (1) by the court hearing the case for which an individual requests the special admission; or

  (2) if the case is before a unit other than a court, by:

    (i) the circuit court for the county where the unit has its principal office; or

    (ii) any circuit court to which the case may be appealed.

(c) An individual may practice law under this section only in connection with the case for which the special admission is granted.

(d) An individual who practices law under this section is subject to disciplinary proceedings as the Maryland Rules provide.

#### Section 10-218

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this subtitle shall terminate and be of no effect after July 1, 2030.

### Subtitle 3. Trust Money

#### Section 10-301

(a) In this Part I of this subtitle the following words have the meanings indicated.

(b)

  (1) "Attorney trust account" means an account that a lawyer or law firm maintains at a financial institution for the deposit of trust money.

  (2) "Attorney trust account" includes an escrow account.

(c) "Beneficial owner" means a person, other than the client of a lawyer, for whose benefit a lawyer is entrusted to hold trust money.

(d) "Trust money" means a deposit, payment, or other money that a person entrusts to a lawyer to hold for the benefit of a client or a beneficial owner.

#### Section 10-302

(a) Unless a lawyer or the firm of the lawyer maintains an attorney trust account in accordance with this subtitle and the Maryland Rules, the lawyer may not accept trust money.

(b) Each attorney trust account shall be maintained at an approved financial institution, as provided in the Maryland Rules.

(c)

  (1) An attorney trust account may be an interest bearing or noninterest bearing account.

  (2) An attorney trust account may be:

    (i) a savings account;

    (ii) a checking account;

    (iii) an account that is subject to negotiable orders of withdrawal; or

    (iv) any combination of these accounts.

  (3) A lawyer who deposits trust money in a noninterest bearing account is not liable for damages that relate to the loss of interest on the trust money if the deposit is made in compliance with:

    (i) the provisions of this Part I of this subtitle; and

    (ii) the applicable provisions of the Maryland Rules of Professional Conduct.

#### Section 10-303

(a) Subject to this section a lawyer shall deposit trust money in an attorney trust account, all interest on which is payable to the Maryland Legal Services Corporation Fund established under Sec. 11-402 of the Human Services Article.

(b) A lawyer shall deposit trust money in an interest bearing account under this section whenever the lawyer reasonably expects that, for the period that the lawyer expects to hold the trust money, the interest that it would earn:

  (1) would not exceed $50; or

  (2)

    (i) would exceed $50; but

    (ii) would not cover the cost of administering an interest bearing account on which interest is payable to the client or beneficial owner.

(c) The Administrative Office of the Courts, in consultation with the Maryland Legal Services Corporation, may waive the provisions of subsection (b) of this section with respect to a lawyer or law firm that demonstrates that it will cost the Maryland Legal Services Corporation Fund more in service charges to open and maintain an attorney trust account with the interest payable to the Maryland Legal Services Corporation Fund than will be generated in interest by the attorney trust account.

(d)

  (1) At least quarterly, each financial institution that has an account described under this section shall:

    (i) deduct from the total interest accumulated in the account any service charge due on the account; and

    (ii) pay the net interest to the Maryland Legal Services Corporation Fund.

  (2) A financial institution:

    (i) may not charge against the individual accounts of a lawyer any service charges for trust money in an account under this section; and

    (ii) may charge the Maryland Legal Services Corporation Fund.

#### Section 10-304

(a) Except as provided in subsection (b) of this section, a lawyer expeditiously shall deposit trust money into an attorney trust account.

(b) Subsection (a) of this section does not apply if there is a court order to the contrary.

(c) Notwithstanding subsection (a) of this section or any other law, a lawyer may disburse, at settlement in a real estate transaction, trust money that the lawyer receives in the transaction.

#### Section 10-305

Except for trust money that a lawyer is required to deposit in an attorney trust account that earns interest payable to the Maryland Legal Services Corporation, a lawyer may withdraw trust money from an attorney trust account and invest it:

(1) as the client or beneficial owner of the trust money instructs; or

(2) as the lawyer and the client or beneficial owner of the trust money agree.

#### Section 10-306

A lawyer may not use trust money for any purpose other than the purpose for which the trust money is entrusted to the lawyer.

#### Section 10-307

A lawyer who willfully violates any provision of this Part I of this subtitle, except for the requirement that a lawyer deposit trust money in an attorney trust account for charitable purposes under Sec. 10-303 of this subtitle, is subject to disciplinary proceedings as the Maryland Rules provide.

#### Section 10-310

In this Part II of this subtitle, "Fund" means the Client Protection Fund of the Bar of Maryland.

#### Section 10-311

(a) The Supreme Court of Maryland may adopt rules that:

  (1) establish a Client Protection Fund of the Bar of Maryland;

  (2) provide for the appointment of trustees to administer the Fund; and

  (3) provide for the operation of the Fund.

(b) The purpose of the Fund is to maintain the integrity of the legal profession by paying money to reimburse losses caused by defalcations of lawyers.

(c) By rule, the Supreme Court of Maryland may:

  (1) require a lawyer to pay an annual fee, not exceeding $20, to the Fund; and

  (2) specify the penalties, including suspension and disbarment, for practicing law without having paid the annual fee.

(d) The Fund may raise and collect money through voluntary contributions or other means.

#### Section 10-312

(a) The trustees appointed under Sec. 10-311 of this subtitle shall:

  (1) receive contributions to the Fund; and

  (2) manage the assets of the Fund.

(b) To the extent the trustees consider reimbursement proper and reasonable, the trustees may use the Fund to reimburse a person for a loss that was caused by a defalcation of a lawyer if:

  (1) the lawyer caused the loss while acting for the person as an attorney at law or a fiduciary; and

  (2) the person cannot recover the money under a bond.

(c) The trustees may enforce a claim for restitution arising by subrogation, assignment, or otherwise against any person whose actions gave rise to a claim that the Fund pays.

#### Section 10-313

(a) By August 31 of each year, the Fund shall provide a list of lawyers who have paid an annual fee to the Fund during the previous fiscal year to:

  (1) the Department of Assessments and Taxation, to assist the Department in identifying new businesses within the State; and

  (2) the Comptroller, to assist the Comptroller in determining whether each lawyer on the list has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor.

(b) The list provided under this section shall:

  (1) be provided free of charge; and

  (2) include, for each person on the list:

    (i) the name and mailing address of the person; and

    (ii) the federal tax identification number of the person or, if the person does not have a federal tax identification number, the Social Security number of the person.

(c) If the Comptroller determines that a lawyer has not paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor and the lawyer does not make payment or provide for payment in a manner satisfactory to the unit responsible for collection within 60 days after receiving notice of the delinquency from the Comptroller, or within any longer period authorized for good cause by the unit responsible for collection, the Comptroller may refer the matter to Bar Counsel under Maryland Rule 16-731.

### Subtitle 4. Investigation of Unauthorized Practice; Injunctive Action

#### Section 10-401

The Attorney General may investigate, as provided in this subtitle, a complaint of an unauthorized practice of law.

#### Section 10-402

(a)

  (1) Each investigation conducted under this subtitle is confidential.

  (2) Except as otherwise provided in this section, a person who participates in an investigation may not disclose the name of a person under investigation, the name of a witness, or any other information obtained in the investigation.

(b) A person who participates in an investigation may disclose information to:

  (1) the person under investigation; and

  (2) a person to whom disclosure is required in the discharge of an official duty.

#### Section 10-403

Whenever the Attorney General conducts an investigation under this subtitle, the Attorney General shall provide to the person under investigation:

(1) a written statement that specifies the conduct under investigation; and

(2) an opportunity to be heard and to present evidence on the conduct under investigation.

#### Section 10-404

(a) In an investigation under this subtitle, the Attorney General, a deputy attorney general, or any assistant attorney general whom the Attorney General designates may:

  (1) issue a subpoena for the attendance of a witness to testify or the production of evidence;

  (2) administer oaths; and

  (3) examine witnesses.

(b) The laws that relate to civil actions govern the attendance and compensation of witnesses in an investigation under this subtitle.

(c) If a person fails to comply with a subpoena or refuses to testify about a material matter, on petition of the Attorney General, a circuit court may compel compliance with the subpoena.

#### Section 10-405

In an investigation under this subtitle, an officer of the State or of a political subdivision of the State or a deputy, clerk, or employee of the officer shall provide the information and help requested by the Attorney General, a deputy attorney general, or any assistant attorney general whom the Attorney General designates.

#### Section 10-406

(a) The Attorney General or Bar Counsel appointed under Maryland Rule 16-712 may sue to enjoin an unauthorized person from practicing, attempting to practice, or offering to practice law.

(b)

  (1) If the Attorney General brings an action under this section, Bar Counsel may intervene for good cause at any stage of the proceeding.

  (2) If Bar Counsel brings an action under this section, the Attorney General may intervene for good cause at any stage of the proceeding.

#### Section 10-407

The remedies and procedures set forth in this subtitle are in addition to and not in substitution for other remedies and procedures that address the unauthorized practice of law.

### Subtitle 5. Miscellaneous Provisions

#### Section 10-501

(a) Subject to subsection (b) of this section, an attorney at law has a lien on:

  (1) a cause of action or proceeding of a client of the attorney at law from the time the cause of action arises or the proceeding begins; and

  (2) a settlement, judgment, or award that a client receives as a result of legal services that the attorney at law performs.

(b) A lien under this section attaches only if, and to the extent that, under a specific agreement between an attorney at law and a client, the client owes the attorney at law a fee or other compensation for legal services that produced the settlement, judgment, or award.

(c) A lien under this section is subordinate only to:

  (1) a prior lien for wages due to an employee of the client for work related to the settlement, judgment, or award; or

  (2) a lien for taxes that the client owes the State.

(d) An attorney at law may retain property subject to a lien under this section and bring an action for execution under the lien only in accordance with rules that the Supreme Court of Maryland adopts.

#### Section 10-502

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Lawyer counseling committee" means a group of individuals that:

    (i) is recognized by the Supreme Court of Maryland;

    (ii) is a standing committee of the Maryland State Bar Association or of a local bar association;

    (iii) consists of lawyers and other individuals necessary to carry out the functions of the committee; and

    (iv) evaluates and helps a lawyer in need of treatment and rehabilitation for:

      (1) substance abuse; or

      (2) any other physical, emotional, or mental condition that adversely affects the ability of the lawyer to practice law in accordance with the rules adopted by the Supreme Court of Maryland.

  (3) "Local bar association" means:

    (i) in Baltimore City, the Bar Association of Baltimore City; or

    (ii) in each county, the bar association with the greatest number of members who are residents of the county and who maintain their principal office for the practice of law in that county.

(b)

  (1) This subsection does not apply to a proceeding before the Attorney Grievance Commission or a disciplinary proceeding against a lawyer before a circuit court or the Supreme Court of Maryland.

  (2) The proceedings, records, and files of a lawyer counseling committee are not admissible into evidence or discoverable in an action that arises out of a matter that the lawyer counseling committee is or has been reviewing.

(c) Notwithstanding any other law, a member of a lawyer counseling committee shall have the immunity from liability and may not be subject to any disciplinary proceeding as described in Sec. 5-416 of the Courts and Judicial Proceedings Article.

### Subtitle 6. Prohibited Acts; Penalties

#### Section 10-601

(a) Except as otherwise provided by law, a person may not practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar.

(b) While an individual is on inactive status or disbarred or while the individual's right to practice law is suspended or revoked, the individual may:

  (1) discharge existing obligations;

  (2) collect and distribute accounts receivable; or

  (3) perform any other act that is necessary to conclude the affairs of a law practice but that does not constitute practicing law.

(c) It is not a defense to a charge of a violation of this section that the defendant acted through an officer, director, partner, trustee, agent, or employee who is a lawyer.

#### Section 10-602

Unless authorized by law to practice law in the State, a person may not represent to the public, by use of a title, including "lawyer", "attorney at law", or "counselor at law", by description of services, methods, or procedures, or otherwise, that the person is authorized to practice law in the State.

#### Section 10-603

(a) This section does not apply to:

  (1) a lawyer while employed as a part-time magistrate for juvenile cases; or

  (2) an individual while:

    (i) performing an affirmative duty required by law; or

    (ii) engaging in an activity related to a case in which the individual is a party or has a property interest.

(b) Even if an individual has been admitted to the Bar, the individual may not practice law while employed:

  (1) except as provided in subsection (c) of this section, as a sheriff or deputy sheriff;

  (2) in a jail or penitentiary, as:

    (i) a warden or deputy warden; or

    (ii) a superintendent or deputy superintendent;

  (3) as a bailiff;

  (4) as a clerk or deputy clerk of any court or an employee of a clerk;

  (5) as a register or deputy register of wills or an employee of a register of wills; or

  (6) as an officer or employee in a juvenile court.

(c) An individual employed as a sheriff or deputy sheriff in Washington County who has been admitted to the Bar may practice law in a county other than Washington County.

(d)

  (1) This subsection does not apply to the settlement of small estates as set forth in Title 5, Subtitle 6 of the Estates and Trusts Article.

  (2) In Prince George's County, a sheriff, deputy sheriff, warden, deputy warden, clerk, or employee of any court may not prepare or help in the preparation of any form or document that is filed in a court in that county or that affects a case that is or may be filed in a court in that county.

#### Section 10-604

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Law enforcement agency" means an agency that is listed in Sec. 3-101(e) of the Public Safety Article.

  (3) "Motor vehicle accident" has the meaning stated in Sec. 27-401 of the Insurance Article.

  (4) "Report" means a report completed by a police officer of a law enforcement agency that:

    (i) indicates that a motor vehicle accident occurred; and

    (ii) includes information about a person involved in the motor vehicle accident, including the person's name, telephone number, and address.

(b) Without an existing relationship or interest in an issue:

  (1) a person may not, for personal gain, solicit another person to sue or to retain a lawyer to represent the other person in a lawsuit;

  (2) a person who is not a lawyer may not, for personal gain, access a report for the purpose of soliciting another person to sue or to retain a lawyer to represent the other person; and

  (3) a lawyer, except as provided in the Rules of Professional Conduct, may not:

    (i) for personal gain, solicit another person to sue or to retain the lawyer to represent the person in a lawsuit;

    (ii) directly or indirectly employ or in any way compensate or agree to employ or compensate any person as an expert witness or otherwise for the purpose of having that person solicit or attempt to solicit clients for the lawyer;

    (iii) knowingly represent a person who retained the lawyer as a result of solicitation prohibited under this section; or

    (iv) cause a case to be instituted without the authority of a client.

(c) Any solicitation involving acts described in this section is prima facie evidence that the person soliciting is acting for gain.

#### Section 10-605

A sheriff, deputy sheriff, constable, police officer, or other law enforcement official may not solicit clients for a lawyer in a place where individuals are held while awaiting trial for criminal offenses.

#### Section 10-605.1

(a) This section applies only to the following forms of communication:

  (1) an audio recording;

  (2) a computer on-line transmission;

  (3) a facsimile transmission;

  (4) a letter or other form of written communication;

  (5) a telegraphic transmission;

  (6) a telephonic transmission; and

  (7) a video recording.

(b) A lawyer may not send a communication, directly or through an agent, to a prospective client for the purpose of obtaining professional employment if the communication concerns an action for personal injury or wrongful death, or otherwise relates to an accident or disaster involving the person to whom the communication is sent or the person's relative, unless the accident or disaster occurred more than 30 days before the date the communication is sent.

(c) This section does not apply to a communication sent by a lawyer to a prospective client at the request of the prospective client.

#### Section 10-605.2

(a)

  (1) This section applies only to a communication:

    (i) in a form described under subsection (c) of this section;

    (ii) sent by a lawyer, directly or through an agent or employee, to a prospective client for the purpose of obtaining professional employment; and

    (iii) if the communication concerns:

      (1) an action for personal injury or wrongful death, or otherwise relates to an accident or disaster involving the person to whom the communication is sent or the person's relative; or

      (2) a criminal prosecution, or a prosecution of a traffic offense that is punishable by a period of incarceration, involving the person to whom the communication is sent or the person's relative.

  (2) This section does not apply to a direct marketing communication that is not related to:

    (i) a specific accident or disaster described under paragraph (1)(iii)1 of this subsection; or

    (ii) a specific criminal prosecution or traffic offense described under paragraph (1)(iii)2 of this subsection.

(b) This section does not apply to a communication sent to a prospective client at the request of the prospective client.

(c) This section applies only to the following forms of communication:

  (1) an audio recording;

  (2) a computer on-line transmission;

  (3) a facsimile transmission;

  (4) a letter or other form of written communication;

  (5) a telegraphic transmission;

  (6) a telephonic transmission; and

  (7) a video recording.

(d)

  (1) Each communication shall include the words "this is an advertisement" in a prominent place at the beginning and end of each communication as required in this subsection.

  (2) In a communication sent by computer on-line transmission, facsimile, mail, or telegraph, the required wording shall appear in conspicuous print size and in a freestanding form:

    (i) on the outside of the envelope, if any; and

    (ii) at the beginning and end of the contents of the communication.

  (3) If the form of the communication is a self-mailing brochure or pamphlet, the required wording shall appear on the address panel of the brochure or pamphlet.

  (4) In a video recording communication, the required wording:

    (i) shall appear conspicuously in the communication for at least five seconds at the beginning and for at least five seconds at the end of the communication; and

    (ii) of the audio recording portion, if any, of the communication shall meet the requirements of paragraph (5) of this subsection.

  (5) In an audio recording communication, the required wording shall appear, at the beginning and end of the communication, in a tone, volume, clarity, and speed of delivery at least substantially equivalent to the quality of the tone, volume, clarity, and speed of the audio elsewhere in the communication.

(e) A written communication may not be in the form of, or include, legal pleadings or legal documents.

(f) A communication may not reveal on the envelope, or on the outside of a self-mailing brochure or pamphlet, the nature of the prospective client's legal matter.

(g) In addition to meeting the requirements of this section, a communication shall comply with Rules 19-307.1 through 19-307.4 of the Maryland Rules.

(h)

  (1) In this subsection, "Bar Counsel" means the principal executive officer of the disciplinary system for lawyers under the Maryland Rules.

  (2) Subject to the provisions of this subsection, a person who sends a communication shall, within 3 days after the date that the communication is sent, file the following with the Bar Counsel:

    (i) a copy of the communication, together with a sample copy of the envelope, if any, used in conjunction with the communication; and

    (ii) the name of the person to whom the communication was sent and the person's mailing address, telephone number, or telecommunication address to which the communication was sent.

  (3) If communications identical in content are sent to two or more persons, a person may comply with the provisions of paragraph (2) of this subsection by filing with the Bar Counsel within 3 days after the date that the communication was sent a single copy of the communication together with a list of the names and the applicable mailing addresses, telephone numbers, or telecommunication addresses of the persons to whom the communication was sent.

  (4) If the person periodically sends an identical communication to additional persons, the person may comply with the provisions of paragraph (2) of this subsection by filing with Bar Counsel lists of additional names and the applicable mailing addresses, telephone numbers, or telecommunication addresses not less than monthly.

  (5) A communication may not state or imply that a communication is approved by the Bar Counsel, the State, or any unit of the State.

(i) A lawyer, or a person acting as an agent or employee of the lawyer, may not send, or knowingly permit to be sent, on a lawyer's behalf, on the behalf of a lawyer's firm, partner, or associate, or on behalf of any other lawyer affiliated with the lawyer, a communication that does not meet the requirements of this section.

#### Section 10-606

(a)

  (1) A corporation, partnership, or any other association that violates Sec. 10-601 or Sec. 10-602 of this subtitle is subject to a fine not exceeding $5,000.

  (2) An officer, director, partner, trustee, agent, or employee who acts to enable a corporation, partnership, or association to violate Sec. 10-601 or Sec. 10-602 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

  (3) Except as provided in paragraphs (1) and (2) of this subsection, a person who violates Sec. 10-601 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

(b) A person who willfully violates any provision of Subtitle 3, Part I of this title, except for the requirement that a lawyer deposit trust money in an attorney trust account for charitable purposes under Sec. 10-303 of this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.

(c) Except as provided in subsections (a) and (b) of this section, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

### Subtitle 7. Short Title

#### Section 10-701

This title may be cited as the "Maryland Lawyers Act".

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Md. Code Ann., Bus. Occ. & Prof. (as displayed at mgaleg.maryland.gov, October 16, 2026)