# Business Occupations and Professions (GBO)

## Title 10. Lawyers

### 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.

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