Home Table of Contents

RULE 19-605. OBLIGATION OF ATTORNEYS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 19. Attorneys
Chapter 600. Client Protection Fund
MD Rules Attorneys, Rule 19-605
RULE 19-605. OBLIGATION OF ATTORNEYS
(a) Conditions Precedent to Practice.
(1) Generally. Except as otherwise provided in subsection (a)(2) of this Rule or Rule 19-215 (h), each attorney admitted to practice law in Maryland or issued a certificate of special authorization under Rule 19-215 or Rule 19-216, as a condition precedent to the practice of law in Maryland, shall (A) provide to the treasurer of the Fund the attorney's social security number if the social security number has not already been provided to the Board of Law Examiners, (B) provide to the treasurer of the Fund the attorney's federal tax identification number or a statement that the attorney has no such number, and (C) no later than September 10 of each year, pay to the treasurer of the Fund the sum set by the Court of Appeals, and in the event of delinquent payment of that sum, pay all applicable late charges, as set by the trustees. Late charges set by the trustees are subject to the approval of the Court of Appeals.
(2) Exceptions. An attorney is exempt from payment of the mandatory assessment but may contribute voluntarily to the Fund if:
(A) the attorney is a federal or Maryland judge, including a senior judge, or full-time magistrate and is not permitted to practice law otherwise in Maryland;
(B) the attorney is a full-time federal or Maryland administrative law judge or hearing examiner and is not permitted to practice law otherwise in Maryland;
(C) the attorney is on inactive/retired status pursuant to subsection (b)(2) of this Rule; or
(D) the attorney is a full-time judicial law clerk and is not permitted to practice law otherwise in Maryland.
Cross reference: See Rule 19-705 (Disciplinary Fund).
(3) Method of Payment. Payments of amounts due the Fund shall be (A) by check or money order, or (B) transmitted electronically. Firms, agencies, and other entities with more than one attorney may submit payment for all attorneys by one check or money order, provided that a list of all attorneys for whom payment is made shall be included.
Committee note: AIS currently is unable to accept a single credit card payment applicable to the payment obligations of multiple attorneys.
(b) Attorneys on Inactive/Retired Status.
(1) The trustees of the Fund may approve attorneys, other than attorneys on permanent retired status pursuant to Rule 19-740, for inactive/retired status, and, by regulation, may provide a uniform deadline date for seeking approval of inactive/retired status.
(2) An attorney on inactive/retired status may engage in the practice of law without payment to the Fund or to the Disciplinary Fund if (A) the attorney is on inactive/retired status solely as a result of having been approved for that status by the trustees of the Fund and not as a result of any action against the attorney pursuant to the Rules in Chapter 700 of this Title, and (B) the attorney's practice is limited to representing clients without compensation, other than reimbursement of reasonable and necessary expenses, as part of the attorney's participation in a legal services or pro bono publico program sponsored or supported by a local bar association, the Maryland State Bar Association, an affiliated bar foundation, or the Maryland Legal Services Corporation.
(c) Invoice for Assessment or Contribution. On or before July 10 of each year, from information supplied by the Fund, AIS shall generate and send electronically to each attorney who is responsible for an assessment for the next ensuing fiscal year or who has volunteered to contribute to the Fund, an invoice for the amount due, along with notice that (1) payment thereof is due within 60 days, and (2) payment may be made electronically or by check or money order payable to the Fund.
(d) Notice of Payment. AIS shall notify the Fund of all electronic payments received and the Fund shall record in AIS all checks and money orders received.
Source: This Rule is derived in part from former Rule 16-811.5 (2016), and is in part new.

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended Dec. 4, 2018, eff. Jan. 1, 2019.]

Editors' Notes

HISTORICAL NOTES
2018 Orders
The December 4, 2018 order amended this Rule to accommodate implementation of the Attorney Information System, to modify the dates when certain notices and responses are due, and to make certain style changes.
MD R Attorneys, Rule 19-605, MD R ATTORNEYS Rule 19-605
Current with amendments received through June 15, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.