Md. Code, Fam. Law § 10-115

Current with changes from the 2024 Legislative Session
Section 10-115 - Legal representation
(a) 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) 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) 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) An attorney who initiates or participates in a legal proceeding under this section shall represent the Administration.
(e) 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) 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)
(1) A State's Attorney may make a written agreement with the Secretary of Human Services 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.

Md. Code, FL § 10-115

Amended by 2019 Md. Laws, Ch. 76,Sec. 1, eff. 10/1/2019.