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Session Laws, 1996
Volume 794, Page 615   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 11

REVISOR'S NOTE: This subsection is new language derived without substantive
change from former Art. 48A, § 566(b).

The word "[l]awyer" is substituted for the former word "[a]ttorney" for
consistency with BOP § 10-101(g).

(C)     PRACTICE LAW.

(1)      "PRACTICE LAW" HAS THE MEANING STATED BY THE COURT OF
APPEALS OF MARYLAND.

(2)      "PRACTICE LAW" INCLUDES THE MEANING STATED IN § 10-101(H) OF
THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE.

REVISOR'S NOTE: This subsection is new language derived without substantive
change from former Art. 48A, § 566(d).

The defined term is stated in the infinitive form to allow minor verb variations
of the term without taking these variations out of the scope of the defined
term.

Throughout this subsection, the verb phrase "[p]ractice law" is substituted for
the former phrase "[p]ractice of law" to conform to BOP § 10-101(h).

In paragraph (1) of this subsection, the former reference to the practice of law
by "an attorney in Maryland" is deleted as unnecessary in light of the limited
jurisdictional application of this subtitle to the State.

In paragraph (2) of this subsection, the reference to "§ 10-101(h) of the
Business Occupations and Professions Article" is substituted for the former
overly specific reference to "§ 10-101(h)(1)(i) and (ii) and (2)(i) and (ii) of
the Business Occupations and Professions Article" for clarity. The former
narrow reference was an artifact of Ch. 236, Acts of 1989, which made
technical changes to cross-references in sections throughout the Code that
were made incorrect by the revision of the Business Occupations and
Professions Article.

As to the authority of the judiciary to define practicing law, see Public Service
Commission v. Hahn Transportation, Inc., 253 Md. 571, 583 (1969). See also
In re Application of Mark W., 303 Md. 1, 8 (1985); Attorney General v.
Waldron, 289 Md. 683, 692 (1980); Lukas v. Bar Association of Montgomery
County, 35 Md. App. 442, 447, cert. denied, 280 Md, 733 (1977); and 61 Op.
Att'y Gen. 282, 285 (1976).

(D)    SOCIETY.

"SOCIETY" MEANS THE LEGAL MUTUAL LIABILITY INSURANCE SOCIETY OF
MARYLAND.

REVISOR'S NOTE: This subsection is new language derived without substantive
change from former Art. 48A, § 566(e).

The former description of the Society "created by [former Art. 48A] § 568" is

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Session Laws, 1996
Volume 794, Page 615   View pdf image
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