WILLIAM DONALD SCHAEFER, Governor

Ch. 3

that clause related to appearances in certain cases in
Baltimore City.

Paragraph (l)(iii) of this subsection is new language
added in light of the body of case law holding that
the judiciary has the power to define the practice of
law. See Public Service Commission v. Hahn
Transportation, Inc., 253 Md. 571, 583 (1969). See
also In re Application of Mark W., 303 Md. 1, 8
(1985); Attorney General v. Waldron, 289 Md. 683, 692
(1980); Lukas v. Bar Association of Montgomery County,
35 Md. App. 442, 447, cert. denied, 280 Md. 733
(1977); and 61 Op. Att'y Gen. 282, 285 (1976).

Paragraph (2)(iii) and (iv) of this subsection is new
language derived without substantive change from the
first sentence of former Art. 10, § 30, as that
sentence related to activities constituting the
practice of law. Although, on its face, the first
sentence of former § 30 prohibited certain employees
of Prince George's County from performing certain
acts, the provisions of the sentence are included as
part of the definition of "practice law" since former
§ 30 stated that the enumerated acts "shall be deemed
to be practicing law". Further, paragraph (2)(iii)
and (iv) of this subsection is illustrative of the
general language in paragraph (1) of this subsection.

In paragraphs (1) and (2)(iii) and (iv) of this
subsection, the former references to "for pay or
reward" and "whether for any fee, gratuity, gift or
reward or not" are deleted as unnecessary since the
practice of law does not necessarily include the
notion of compensation. In Ginn v. Farley, 43 Md.
App. 229, cert. denied, 286 Md. 747 (1979), the Court
of Special Appeals determined that a lay person, by
engaging in certain conduct, was practicing law in
violation of Art. 10. The Court specifically noted
that the fact that the lay person received no
compensation for her activities did not take her
conduct outside the ambit of the prohibition against
lay persons practicing law.

In paragraph (l)(ii) of this subsection, the
reference to representing a person "before a unit of
the State government or of a political subdivision" is
substituted for the former, narrower reference to
representing a person "in the trial of any case ...
including the trial of any case before the District
Court or any proceedings ... in orphans' courts".
This substitution conforms this subsection to former
Art. 10, §§ 7(b) and 32(b)(1) -- now §§ 10-215 and
10-206(d) of this title, respectively -- which

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