Ch. 3

LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 10, §
43(a), (c), (d), and, as it related to the purpose of
the Fund, (b)(1).

In subsection (b) of this section, the former
reference to "protecting the good name" of the legal
profession is deleted as included in the reference to
its integrity.

Defined terms: "Bar" § 10-101
"Fund" § 10-310 "Lawyer" § 10-101
"Practice law" § 10-101

10-312. POWERS AND DUTIES OF TRUSTEES.

(A)   IN GENERAL.

THE TRUSTEES APPOINTED UNDER § 10-311 OF THIS SUBTITLE
SHALL:

(1)  RECEIVE CONTRIBUTIONS TO THE FUND; AND

(2)  MANAGE THE ASSETS OF THE FUND.

(B)  DISTRIBUTION OF FUND.

TO THE EXTENT THE TRUSTEES CONSIDER REIMBURSEMENT PROPER AND
REASONABLE, THE TRUSTEES MAY USE THE FUND TO REIMBURSE A PERSON
FOR A LOSS THAT WAS CAUSED BY A DEFALCATION OF A LAWYER IF:

(1)  THE LAWYER CAUSED THE LOSS WHILE ACTING FOR THE
PERSON AS AN ATTORNEY AT LAW OR A FIDUCIARY; AND

(2)  THE PERSON CANNOT RECOVER THE MONEY UNDER A BOND.

(C)  ENFORCEMENT OF CLAIMS.

THE TRUSTEES MAY ENFORCE A CLAIM FOR RESTITUTION ARISING BY
SUBROGATION, ASSIGNMENT, OR OTHERWISE AGAINST ANY PERSON WHOSE
ACTIONS GAVE RISE TO A CLAIM THAT THE FUND PAYS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 10, §
43(b)(2) and, except as it related to the purpose of
the Fund, (1).

Defined terms: "Attorney at law" § 10-101
"Fund" § 10-310 "Lawyer" § 10-101
"Person" § 1-101

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