Section 10-115 - Legal representation. - Maryland Statutes

§ 10-115. Legal representation.
 

(a)  "Legal proceeding" defined.- In this section, "legal proceeding" means: 

(1) a civil action for child support; 

(2) a paternity proceeding under Title 5, Subtitle 10 of this article; and 

(3) a proceeding under Subtitle 3 of this title. 

(b)  Initiation of legal proceding.- In any support action in which the Administration is providing child support services under federal law, the Administration may initiate a legal proceeding to establish, modify, or enforce a duty of support. 

(c)  By whom provided.- In a legal proceeding, the Administration shall be represented by: 

(1) the Attorney General; 

(2) the State's Attorney, if the State's Attorney has agreed to provide representation under subsection (g) of this section; or 

(3) a qualified lawyer who is appointed by and subject to supervision and removal by the Attorney General. 

(d)  Representation of Administration.- An attorney who initiates or participates in a legal proceeding under this section shall represent the Administration. 

(e)  Attorney-client relationship - Administration.- Representation of the Administration by an attorney under this section: 

(1) creates an attorney-client relationship between that attorney and the Administration; and 

(2) does not create an attorney-client relationship between that attorney and any other person. 

(f)  Attorney-client relationship - Parent.- The attorney representing the Administration in a legal proceeding under this section shall advise the person whom the Administration has approved for child support services that the attorney's representation of the Administration does not create an attorney-client relationship between the attorney and that person. 

(g)  Conditions for State's Attorney's representation.-  

(1) A State's Attorney may make a written agreement with the Secretary of Human Resources and the county to provide legal representation for a fiscal year. An agreement shall be made by September 1 of the year preceding the fiscal year for which representation will be provided. 

(2) An agreement shall establish reasonable administrative and fiscal requirements for: 

(i) providing and continuing representation; and 

(ii) reimbursement. 
 

[An. Code 1957, art. 88A, § 59; 1984, ch. 296, § 2; 1997, ch. 646.]