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Session Laws, 1989
Volume 771, Page 3165   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 50 2

(2) the decision whether to deposit trust money in
such an account shall be in the sole discretion of the lawyer].

(b) A lawyer [may] SHALL deposit trust money in an interest
bearing account under this section whenever the lawyer reasonably
expects that, for the period that the lawyer expects to hold the
trust money, the interest that it would earn:

(1)  would not exceed $50; or

(2)  (i) would exceed $50; but

(ii) would not cover the cost of administering
an interest bearing account on which interest is payable to the
client or beneficial owner.

(C) THE MARYLAND LEGAL SERVICES CORPORATION MAY WAIVE THE
PROVISIONS OF SUBSECTION (B) OF THIS SECTION WITH RESPECT TO A
LAWYER OR LAW FIRM THAT DEMONSTRATES THAT IT WILL COST THE
MARYLAND LEGAL SERVICES CORPORATION MORE IN SERVICE CHARGES TO
OPEN AND MAINTAIN AN ATTORNEY TRUST ACCOUNT FOR THE PURPOSES OF
THE MARYLAND LEGAL SERVICES CORPORATION THAN WILL BE GENERATED IN
INTEREST BY THE ATTORNEY TRUST ACCOUNT.

[(c)] (D) (1) At least quarterly, each financial
institution that has an account described under this section
shall:

[(1)] (I) deduct from the total interest accumulated
in the account any service charge due on the account; and

[(2)] (II) pay the net interest to the Maryland Legal
Services Corporation.

(2) A FINANCIAL INSTITUTION:

(I)  MAY NOT CHARGE AGAINST THE INDIVIDUAL
ACCOUNTS OF A LAWYER ANY SERVICE CHARGES FOR TRUST MONEYS IN ANY
ACCOUNT UNDER THIS SECTION; AND

(II)  MAY CHARGE TO THE MARYLAND LEGAL SERVICES
CORPORATION.

10-305.

Except for trust money that a lawyer [has chosen] IS
REQUIRED to deposit in an attorney trust account that earns
interest payable to the Maryland Legal Services Corporation, a
lawyer may withdraw trust money from an attorney trust account
and invest it:

(1) as the client or beneficial owner of the trust
money instructs; or

- 3165 -

 

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Session Laws, 1989
Volume 771, Page 3165   View pdf image
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