Ch. 3

LAWS OF MARYLAND

(III)  KNOWINGLY REPRESENT A PERSON WHO RETAINED
THE LAWYER AS A RESULT OF SOLICITATION PROHIBITED UNDER THIS
SECTION; OR

(IV)  CAUSE A CASE TO BE INSTITUTED WITHOUT THE
AUTHORITY OF A CLIENT.

(B) PRESUMPTION OF COMPENSATION.

ANY SOLICITATION INVOLVING ACTS DESCRIBED IN THIS SECTION IS
PRIMA FACIE EVIDENCE THAT THE PERSON SOLICITING IS ACTING FOR
GAIN.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from the
first sentence of former Art. 27, § 13, except for the
penalty.

Subsection (b) of this section is new language derived
without substantive change from the second sentence of
former Art. 27, § 13.

In subsection (a)(2) of this section, the reference to
the Rules of Professional Conduct is added to clarify
that, in the case of a conflict between this section
and those rules, the Rules of Professional Conduct
govern the conduct of lawyers.

The first clause of the third sentence of former Art.
27, § 13, which stated that the term "attorney-at-law"
includes "counsellor-at-law", is deleted as
unnecessary in light of the use of the defined term
"lawyer".

The second clause of the third sentence of former Art.
27, § 13, which provided that "nothing herein
contained shall impair or affect the disciplinary
powers of the courts of this State over attorneys", is
deleted as unnecessary since nothing in former Art.
27, § 13 purported to affect the disciplinary powers
of the courts.

Defined terms: "Lawyer" § 10-101
"Person" § 1-101

10-606. SOLICITATION OF CLIENTS BY LAW ENFORCEMENT OFFICIALS.

A SHERIFF, DEPUTY SHERIFF, CONSTABLE, POLICE OFFICER, OR
OTHER LAW ENFORCEMENT OFFICIAL MAY NOT SOLICIT CLIENTS FOR A
LAWYER IN A PLACE WHERE INDIVIDUALS ARE HELD WHILE AWAITING TRIAL
FOR CRIMINAL OFFENSES.

- 480 -