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Session Laws, 1989
Volume 771, Page 4581   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

SERVICES CORPORATION MAY WAIVE THE PROVISIONS OF THIS PARAGRAPH
WITH RESPECT TO AN ATTORNEY OR LAW FIRM THAT DEMONSTRATES THAT IT
WILL COST THE MARYLAND LEGAL SERVICES CORPORATION MORE IN SERVICE
CHARGES TO OPEN AND MAINTAIN AN ACCOUNT FOR THE PURPOSES OF THE
MARYLAND LEGAL SERVICES CORPORATION THAN WILL BE GENERATED IN
INTEREST BY THE ACCOUNT.

(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.

(4)  A FINANCIAL INSTITUTION:

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

(II)  MAY CHARGE SERVICE CHARGES FOR TRUST
MONEYS IN AN ACCOUNT TO THE MARYLAND LEGAL SERVICES CORPORATION.

(5)  Notwithstanding any other provision of law, an
attorney may, at settlement, disburse funds received in a real
estate transaction, whether received in the form of a check or
otherwise.

(b)  Any attorney wilfully violating the provisions of this
section, EXCEPT FOR THE REQUIREMENT THAT AN ATTORNEY PLACE
CERTAIN TRUST MONEYS IN A COMMINGLED ACCOUNT FOR CHARITABLE
PURPOSES UNDER SUBSECTION (A)(2) 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.

(c)  Any attorney wilfully violating the provisions of this
section, EXCEPT FOR THE REQUIREMENT THAT AN ATTORNEY PLACE
CERTAIN TRUST MONEYS IN A COMMINGLED ACCOUNT FOR CHARITABLE
PURPOSES UNDER SUBSECTION (A) (2) OF THIS SECTION, in addition to
the penalties set forth in subsection (b) of this section, shall

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Session Laws, 1989
Volume 771, Page 4581   View pdf image
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