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§ 10-604. Solicitations to sue, retention of lawyer for other party prohibited

West's Annotated Code of MarylandBusiness Occupations and ProfessionsEffective: May 13, 2008

West's Annotated Code of Maryland
Business Occupations and Professions
Title 10. Lawyers (Refs & Annos)
Subtitle 6. Prohibited Acts; Penalties (Refs & Annos)
Effective: May 13, 2008
MD Code, Business Occupations & Professions, § 10-604
§ 10-604. Solicitations to sue, retention of lawyer for other party prohibited
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Law enforcement agency” means an agency that is listed in § 3-101(e) of the Public Safety Article.
(3) “Motor vehicle accident” has the meaning stated in § 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.
Prohibitions against solicitations, retention of lawyer to represent other person
(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.
Solicitation as acting for gain
(c) Any solicitation involving acts described in this section is prima facie evidence that the person soliciting is acting for gain.

Credits

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1989, c. 632, § 3; Acts 2008, c. 457, § 1, eff. May 13, 2008; Acts 2008, c. 458, § 1, eff. May 13, 2008.
Formerly Art. 27, § 13.
MD Code, Business Occupations & Professions, § 10-604, MD BUS OCCUP & PROF § 10-604
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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