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Session Laws, 1982
Volume 742, Page 4577   View pdf image
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HARRY HUGHES, Governor                              4577

ACCOUNTS maintained as a separate account or accounts for
funds belonging to others. In no event shall [he] THE
ATTORNEY commingle any such funds with [his own] SUCH
ATTORNEY'S FUNDS or use any such funds for any purpose other
than the purpose for which [such funds] THEY were entrusted
to [him] THE ATTORNEY.

(2)  EACH ATTORNEY SHALL HAVE DISCRETION TO
DETERMINE WHETHER SUCH TRUST MONEYS ARE TO BE DEPOSITED IN A
NONINTEREST BEARING CHECKING ACCOUNT, IN AN INTEREST BEARING
CHECKING ACCOUNT, IN ONE OR MORE SAVINGS ACCOUNTS, IN ONE OR
MORE ACCOUNTS SUBJECT TO NEGOTIABLE ORDERS OF WITHDRAWAL
("NOW ACCOUNTS"), OR IN ANY COMBINATION THEREOF WITH ANY
BANK OR SAVINGS AND LOAN ASSOCIATION AUTHORIZED BY FEDERAL
OR STATE LAW TO DO BUSINESS IN THIS STATE. IF IN THE
JUDGMENT OF THE ATTORNEY ANY TRUST MONEYS RECEIVED FROM ANY
CLIENT OR BENEFICIAL OWNER ARE TOO SMALL IN AMOUNT OR ARE
REASONABLY EXPECTED TO BE HELD FOR TOO SHORT A PERIOD OF
TIME TO GENERATE AT LEAST $50 OF INTEREST OR SUCH LARGER
AMOUNT OF INTEREST AS IN THE JUDGMENT OF THE ATTORNEY MAY BE
EQUIVALENT TO THE COST OF ADMINISTERING AN ACCOUNT FOR THE
BENEFIT OF THE CLIENT OR BENEFICIAL OWNER, SUCH MONEYS MAY
BE POOLED AND COMMINGLED BY THE ATTORNEY WITH OTHER SUCH
MONEYS HELD FOR OTHER CLIENTS OR BENEFICIAL OWNERS, AND THE
AGGREGATE INTEREST EARNED ON SUCH COMMINGLED ACCOUNT SHALL
BE PAID AT LEAST QUARTERLY, NET OF ANY SERVICE CHARGES, BY
THE DEPOSITORY BANK OR SAVINGS AND LOAN ASSOCIATION, TO THE
MARYLAND LEGAL SERVICES CORPORATION EXCLUSIVELY FOR THE
CHARITABLE PURPOSES DEFINED IN ITS STATUTORY CHARTER.

(3)  THE IMPLEMENTATION OF PROGRAMS FOR THE
GENERATION OF INTEREST ON ATTORNEYS' TRUST ACCOUNTS FOR
CHARITABLE PURPOSES PURSUANT TO SUBSECTION (A)(2) OF THIS
SECTION SHALL BE OPTIONAL, NOT MANDATORY, AND NO ATTORNEY
SHALL BE LIABLE IN DAMAGES IF SUCH ATTORNEY CONTINUES TO
MAINTAIN SUCH TRUST MONEYS IN NONINTEREST BEARING CHECKING
ACCOUNTS SEPARATE AND APART FROM SUCH ATTORNEY'S OWN FUNDS
AS REQUIRED BY SUBSECTION (A)(1) OF THIS SECTION AND IN
ACCORDANCE WITH LAW AND THE CODE OF PROFESSIONAL
RESPONSIBILITY.

(4)  EXCEPT FOR TRUST MONEYS PLACED BY THE
ATTORNEY IN A COMMINGLED ACCOUNT FOR CHARITABLE PURPOSES
PURSUANT TO SUBSECTION (A)(2) OF THIS SECTION, TRUST MONEYS
IN THE HANDS OF ATTORNEYS MAY BE INVESTED IN ANY OTHER
INVESTMENT VEHICLE SPECIFIED BY THE CLIENT OR BENEFICIAL
OWNER OR AS THEY AND THE ATTORNEY MAY AGREE UPON.

(b) Any attorney wilfully violating the provisions of
this section shall be charged with professional misconduct,
malpractice, or conduct prejudicial to the administration of
justice and shall be proceeded against for reprimand,
suspension, or disbarment under any applicable provision of
this article or any other law or the Maryland Rules.

 

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Session Laws, 1982
Volume 742, Page 4577   View pdf image
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