PARRIS N. GLENDENING, Governor                             Ch. 669

CHAPTER 669
(Senate Bill 14)

AN ACT concerning

Lawyers - Written Solicitation of Clients - limited Prohibition

FOR the purpose of prohibiting a lawyer from sending a written communication, directly
or through an agent, to a certain prospective client during a certain period of time;
making provisions of this Act severable; providing a certain exception; and generally
relating to written solicitations by lawyers.

BY adding to

Article - Business Occupations and Professions

Section 10-605.1

Annotated Code of Maryland

(1995 Replacement Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Business Occupations and Professions

10-605.1.

(A)    A LAWYER MAY NOT SEND A WRITTEN COMMUNICATION, DIRECTLY OR
THROUGH AN AGENT, TO A PROSPECTIVE CLIENT FOR THE PURPOSE OF OBTAINING
PROFESSIONAL EMPLOYMENT IF THE COMMUNICATION CONCERNS:

(1)     AN ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH, OR
OTHERWISE RELATES TO AN ACCIDENT OR DISASTER INVOLVING THE PERSON TO
WHOM THE COMMUNICATION IS ADDRESSED OR THE PERSON'S RELATIVE, UNLESS
THE ACCIDENT OR DISASTER OCCURRED MORE THAN 30 DAYS BEFORE THE DATE
THE COMMUNICATION IS MAILED; OR

(2)     A CRIMINAL PROSECUTION, OR A PROSECUTION OF A TRAFFIC
OFFENSE THAT CARRIES A PERIOD OF INCARCERATION, INVOLVING THE PERSON
TO WHOM THE COMMUNICATION IS ADDRESSED OR THE PERSON'S RELATIVE,
UNLESS THE CHARGING DOCUMENT WAS FILED MORE THAN 30 DAYS BEFORE THE
DATE THE COMMUNICATION IS MAILED.

(B)     THIS SECTION DOES NOT APPLY TO A WRITTEN COMMUNICATION SENT
BY A LAWYER TO A PROSPECTIVE CLIENT AT THE REQUEST OF THE PROSPECTIVE
CLIENT.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any reason
in a court of competent jurisdiction, the invalidity does not affect other provisions or any
other application of this Act which can be given effect without the invalid provision or
application, and for this purpose the provisions of this Act are declared severable.

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