Maryland
Note: Current to March 19, 2015
Unauthorized Practice of Law:
Md. Bus. Occ. & Prof. Code § 10-601 (2013)
Bar admission required to practice law in the State In general
(a) Except as otherwise provided by law, a person may not practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar.
Conclusion of law practice affairs
(b) While an individual is on inactive status or disbarred or while the individual's right to practice law is suspended or revoked, the individual may: (1) discharge existing obligations; (2) collect and distribute accounts receivable; or (3) perform any other act that is necessary to conclude the affairs of a law practice but that does not constitute practicing law.
Actions through officer, director, employee, or other individuals
(c) It is not a defense to a charge of a violation of this section that the defendant acted through an officer, director, partner, trustee, agent, or employee who is a lawyer.
Md. Bus. Occ. & Prof. Code §10-602 (2013) Representations to the public; practice of law
Unless authorized by law to practice law in the State, a person may not represent to the public, by use of a title, including “lawyer”, “attorney at law”, or “counselor at law”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice law in the State.
Md. Bus. Occ. & Prof. Code Ann. § 10-401 (2013)
Investigation of complaints of unauthorized practice of law
The Attorney General may investigate, as provided in this subtitle, a complaint of an unauthorized practice of law.
Md. Bus. Occ. & Prof. Code § 10-606 (2013) Fines and penalties
(a) (1) A corporation, partnership, or any other association that violates § 10-601 or § 10-602 of this subtitle is subject to a fine not exceeding $5,000. (2) An officer, director, partner, trustee, agent, or employee who acts to enable a corporation, partnership, or association to violate § 10-601 or § 10-602 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both. (3) Except as provided in paragraphs (1) and (2) of this subsection, a person who violates § 10-601 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(b) A person who willfully violates any provision of Subtitle 3, Part I of this title, except for the requirement that a lawyer deposit trust moneys in an attorney trust account for charitable purposes under § 10-303 of this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.
(c) Except as provided in subsections (a) and (b) of this section, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Bus. Occ. & Prof. Code §10-406 (2013)
Injunctions; Intervention by Bar Counsel or Attorney General
(a) The Attorney General or Bar Counsel appointed under Maryland Rule 16-712 may sue to enjoin an unauthorized person from practicing, attempting to practice, or offering to practice law.
(b) (1) If the Attorney General brings an action under this section, Bar Counsel may intervene for good cause at any stage of the proceeding. (2) If Bar Counsel brings an action under this section, the Attorney General may intervene for good cause at any stage of the proceeding.
Who may practice as an attorney:
Md. Bus. Occ. & Prof. Code § 10-206 (2013) Admission required; exceptions.
(a) Except as otherwise provided by law, before an individual may practice law in the State, the individual shall: (1) Be admitted to the Bar; and (2) Meet any requirement that the Court of Appeals may set by rule.
(b) This section does not apply to: (1) a person while representing a landlord in a summary ejectment or a rent escrow proceeding in the District Court of Maryland; (2) a person while representing a tenant in a summary ejectment or a rent escrow proceeding in the District Court of Maryland if the person is: (i) a law student practicing in a clinical law program at a law school accredited by the American Bar Association with the in-court supervision of a faculty member; or (ii) employed by a nonprofit
organization receiving grants from the Maryland Legal Services Corporation and: 1. the person has training and experience; 2. the person is supervised by a lawyer; and 3. the supervising lawyer’s appearance is entered in the proceeding; (3) an insurance company while defending an insured through staff counsel; (4) an officer of a corporation, an employee designated by an officer of a corporation, a partner in a business operated as a partnership or an employee designated by a partner, a member of a limited liability company or an employee designated by a member of a limited liability company, or an employee designated by the owner of a business operated as a sole proprietorship while the officer, partner, member, or employee is appearing on behalf of the corporation, partnership, limited liability company, or business in a civil action in the District Court of Maryland if: (i) the action: 1. is based on a claim that does not exceed the amount set under § 4-405 of the Courts Article for a small claim action; and 2. is not based on an assignment, to the corporation, partnership, or business, of the claim of another; (ii) in the case of a designated employee, the employee: 1. is not assigned on a full-time basis to appear in the District Court on behalf of the corporation, partnership, or business; 2. provides the court a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the corporation, partnership, limited liability company, or sole proprietorship and may bind the corporation, partnership, limited liability company, or sole proprietorship on matters pending before the court; and 3. is not an individual who is disbarred or suspended as a lawyer in any state; and (iii) the corporation, partnership, limited liability company, or business does not contract, hire, or employ another business entity to provide appearance services; (5) an individual who is authorized by a county employee to represent the employee at any step of the county’s grievance procedure; or (6) a director or an officer of a
common ownership community while representing the common ownership community in a dispute, hearing, or other matter before a board or commission established to oversee one or more of the following common ownership communities: (i) a development subject to a declaration enforced by a homeowners association as defined in § 11B-101 of the Real Property Article; (ii) a residential condominium as defined in § 11-101 of the Real Property Article; or (iii) a cooperative housing corporation as defined in § 5-6B-01 of the Corporations and Associations Article.
(c) (1) In this subsection, “practice patent law”: (i) means to perform professional services that the Patent and Trademark Office requires to be performed by an individual registered to practice before that Office; and (ii) includes preparing a copyright application or assignment and submitting it to the Copyright Office of the Library of Congress. (2) While there is a Patent and Trademark Office in the State, an individual may practice patent law in the State if the individual is: (i) authorized to practice law in any other state; and (ii) registered to practice patent law before the Patent and Trademark Office. (3) Unless otherwise authorized under this title, an individual who practices patent law under this subsection may not: (i) appear as an attorney at law in a court; or (ii) practice law generally in the State.
(d) (1) Subject to paragraph (2) of this subsection, this section does not apply to an individual while giving legal advice to a corporation in this State if the individual is: (i) employed by the
corporation; and (ii) admitted to the bar of any other state. (2) An individual who gives legal advice under this subsection: (i) is subject to disciplinary proceedings as the Maryland Rules provide; and (ii) may not appear before a unit of the State government or of a political subdivision unless a court grants the individual a special admission in accordance with § 10-215 of this subtitle.
Md. Bus. Occ. & Prof. Code Ann. § 10-603 (2013) Employment barring practice of law
Application of section
(a) This section does not apply to: (1) a lawyer while employed as a part-time master for juvenile cases; or (2) an individual while: (i) performing an affirmative duty required by law; or (ii) engaging in an activity related to a case in which the individual is a party or has a property interest.
Occupations barring practice of law
(b) Even if an individual has been admitted to the Bar, the individual may not practice law while employed: (1) except as provided in subsection (c) of this section, as a sheriff or deputy sheriff; (2) in a jail or penitentiary, as: (i) a warden or deputy warden; or (ii) a superintendent or deputy superintendent; (3) as a bailiff; (4) as a clerk or deputy clerk of any court or an employee of a clerk; (5) as a register or deputy register of wills or an employee of a register of wills; or (6) as an officer or employee in a juvenile court.
Individuals employed as sheriff or deputy sheriff in Washington County
(c) An individual employed as a sheriff or deputy sheriff in Washington County who has been admitted to the Bar may practice law in a county other than Washington County.
Settlement of small estates, filing of forms and documents
(d)(1) This subsection does not apply to the settlement of small estates as set forth in Title 5, Subtitle 6 of the Estates and Trusts Article. (2) In Prince George's County, a sheriff, deputy sheriff, warden, deputy warden, clerk, or employee of any court may not prepare or help in the preparation of any form or document that is filed in a court in that county or that affects a case that is or may be filed in a court in that county.
Case Law:
Lukas v. B. Ass'n of Montgomery County, Maryland, Inc., 371 A.2d 669 (Md. Spec. App. 1977)
The Court of Special Appeals held that appellant was engaged in the unauthorized practice of law, where, inter alia, he represented county employees in their dealings with the personnel board, his activities including interpretation of personnel rules and regulations, preparing memoranda of law for the benefit of the board, and reviewing his clients' personnel records after having obtained the requisite power of attorney, and where he drafted two ‘agreements' for various individuals; however, the injunction granted by the chancellor was too broad in that it enjoined appellant from doing those things which he is legally entitled to do, such as filling out forms supplied by the Workmen's Compensation Commission or other purely mechanical type functions.
Turkey Point Prop. Owners' Ass'n, Inc. v. Anderson, 666 A.2d 904 (Md. Spec. App. 1995)
The Court of Special Appeals held that a nonlawyer's filing of the petition and representation of an association at trial rendered the petition, as well as the trial proceedings, a nullity.
Atty. Grievance Commn. of Maryland v. Harper, 737 A.2d 557 (Md. 1999)
Attorney disciplinary proceeding was brought in connection with operation of ostensible partnership by unadmitted attorney and admitted attorney to resolve open personal injury cases of a disbarred attorney. The Court of Appeals held that: (1) unadmitted attorney's unauthorized practice of law warranted disbarment, and (2) admitted attorney's assistance in unauthorized practice of law warranted three-year suspension.
Atty. Grievance Commn. of Maryland v. Barneys, 805 A.2d 1040 (Md. 2002)
The Maryland Court of Appeals held that disbarment was the appropriate sanction for a non-admitted attorney who represented multiple clients in Maryland state courts, and engaged in deceptive conduct.
Atty. Grievance Commn. of Maryland v. Maignan, 31 A.3d 467, 474 (Md. 2011)
“With respect to Rule 5.5(a), to determine the unauthorized practice of law, the focus of the inquiry should ‘be on whether the activity in question required legal knowledge and skill in order to apply legal principles and precedent.’” Citing Attorney Grievance Comm'n v. Hallmon, 343 Md. 390, 397, 681 A.2d 510, 514 (1996), quoting In re Discipio, 163 Ill.2d 515, 206 Ill.Dec. 654, 645 N.E.2d 906, 910 (1994)
Atty. Grievance Commn. of Maryland v. Ambe, 38 A.3d 390, 409-410 (Md. 2012) Conduct of attorney licensed to practice in New York state and in United States District Court for the
District of Maryland, representing clients in Maryland state tort law cases while not licensed to practice law in Maryland, violated rule prohibiting attorney from practicing law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction; attorney sent two demand letters to insurer on behalf of two clients requesting a settlement of their claims, and gave legal advice to third client, settled her claim with insurer, and received compensation from that settlement.
