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Session Laws, 1989
Volume 771, Page 483   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

in Subtitle BV of the Md. Rules. The Business
Occupations Article Review Committee notes this
deletion for consideration by the General Assembly.

In subsection (c) of this section, the specific
references to a "partnership" and a "partner" are
added for clarity.

In subsections (d) and (e) of this section, the former
references to confinement "in jail" are deleted as
unnecessary in light of Art. 27, § 690 of the Code.

In subsection (e) of this section, the reference to a
"misdemeanor" is added for clarity. See State v.
Canova, 278 Md. 483 (1976); Dutton v. State, 123 Md.
373 (1914).

The Business Occupations Article Review Committee also
notes the diverse penalties derived from the
provisions of former Articles 10 and 27 concerning the
practice of law, which are accurately preserved in
this revision.

Soliciting clients in jails is a misdemeanor offense
carrying a penalty of $1,000 or imprisonment for 1
year, or both, while the practice of law by a sheriff
or warden merely carries a fine of $50. The latter is
the original penalty imposed by Ch. 41, Acts of 1715.

The penalty for misrepresentation is $5,000 or 6
months, while the penalty for practice by an
individual whose admission to the Bar is inactive,
suspended, or revoked is $1,000 or 1 year. In
contrast, the penalty for practice by a person not
admitted to the Bar is $100 or 30 days. The latter
penalty, which is the original penalty imposed by Ch.
61, Acts of 1900, is low in comparison to the
penalties imposed under similar provisions in other
titles throughout this article. See, e.g., § 2-605 of
this article, which imposes a penalty of $500 or 6
months, or both, for practicing certified public
accountancy without a license.

Defined terms: "Bar" § 10-101

"Person" § 1-101 "Practice law" § 10-101

SUBTITLE 7. SHORT TITLE.

10-701. SHORT TITLE.

THIS TITLE MAY BE CITED AS THE "MARYLAND LAWYERS ACT".

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Session Laws, 1989
Volume 771, Page 483   View pdf image
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