Section 10-604 - Barratry. - Maryland Statutes

§ 10-604. Barratry.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Law enforcement agency" means an agency that is listed in § 3-101(e) of the Public Safety Article. 

(3) "Motor vehicle accident" has the meaning stated in § 27-401 of the Insurance Article. 

(4) "Report" means a report completed by a police officer of a law enforcement agency that: 

(i) indicates that a motor vehicle accident occurred; and 

(ii) includes information about a person involved in the motor vehicle accident, including the person's name, telephone number, and address. 

(b)  In general.- Without an existing relationship or interest in an issue: 

(1) a person may not, for personal gain, solicit another person to sue or to retain a lawyer to represent the other person in a lawsuit; 

(2) a person who is not a lawyer may not, for personal gain, access a report for the purpose of soliciting another person to sue or to retain a lawyer to represent the other person; and 

(3) a lawyer, except as provided in the Rules of Professional Conduct, may not: 

(i) for personal gain, solicit another person to sue or to retain the lawyer to represent the person in a lawsuit; 

(ii) directly or indirectly employ or in any way compensate or agree to employ or compensate any person as an expert witness or otherwise for the purpose of having that person solicit or attempt to solicit clients for the lawyer; 

(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. 

(c)  Presumption of compensation.- Any solicitation involving acts described in this section is prima facie evidence that the person soliciting is acting for gain. 
 

[An. Code 1957, art. 27, § 13; 1989, ch. 3, § 1; ch. 632, § 3; 2008, chs. 457, 458.]