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Maryland

BUS. OCC. & PROF. § 10-601

BUSINESS OCCUPATIONS AND PROFESSIONS

TITLE 10. LAWYERS

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BUS. OCC. & PROF. § 10-601

SUBTITLE 6. PROHIBITED ACTS; PENALTIES

(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.

BUS. OCC. & PROF. § 10-602

BUSINESS OCCUPATIONS AND PROFESSIONS

TITLE 10. LAWYERS

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BUS. OCC. & PROF. § 10-602

SUBTITLE 6. PROHIBITED ACTS; PENALTIES

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.

BUS. OCC. & PROF. § 10-606

BUSINESS OCCUPATIONS AND PROFESSIONS

TITLE 10. LAWYERS

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BUS. OCC. & PROF. § 10-606

SUBTITLE 6. PROHIBITED ACTS; PENALTIES

(a) Practice without admission; misrepresentation.-

(1) A corporation, partnership, or any other association that violates § 10-601 or § 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 § 10-601 or § 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 § 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) Attorney trust accounts.- A person who willfully violates any provision of Subtitle 3, Part I of this title, except for the requirement that a lawyer deposit trust moneys in an attorney trust account for charitable purposes under § 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) Other offenses.- 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.

(2008)

BUS. OCC. & PROF. § 10-401

BUSINESS OCCUPATIONS AND PROFESSIONS

TITLE 10. LAWYERS

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SUBTITLE 4. INVESTIGATION OF UNAUTHORIZED PRACTICE; INJUNCTIVE ACTION

BUS. OCC. & PROF. § 10-401

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

BUS. OCC. & PROF. § 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.

BUS. OCC. & PROF. § 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.

BUS. OCC. & PROF. § 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.

BUS. OCC. & PROF. § 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.

BUS. OCC. & PROF. § 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.

BUS. OCC. & PROF. § 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.


Inside Maryland