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This entry was published on 2014-09-22
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Buying demands on which to bring an action
Judiciary (JUD) CHAPTER 30, ARTICLE 15
§ 488. Buying demands on which to bring an action. An attorney or
counselor shall not:

1. Directly or indirectly, buy, take an assignment of or be in any
manner interested in buying or taking an assignment of a bond,
promissory note, bill of exchange, book debt, or other thing in action,
with the intent and for the purpose of bringing an action thereon.

2. By himself or herself, or by or in the name of another person,
either before or after action brought, promise or give, or procure to be
promised or given, a valuable consideration to any person, as an
inducement to placing, or in consideration of having placed, in his or
her hands, or in the hands of another person, a demand of any kind, for
the purpose of bringing an action thereon, or of representing the
claimant in the pursuit of any civil remedy for the recovery thereof.
But this subdivision does not apply to:

a. an agreement between attorneys and counselors, or either, to divide
between themselves the compensation to be received;

b. a lawyer representing an indigent or pro bono client paying court
costs and expenses of litigation on behalf of the client;

c. a lawyer advancing court costs and expenses of litigation, the
repayment of which may be contingent on the outcome of the matter; or

d. a lawyer, in an action in which an attorney's fee is payable in
whole or in part as a percentage of the recovery in the action, paying
on the lawyer's own account court costs and expenses of litigation. In
such case, the fee paid to the attorney from the proceeds of the action
may include an amount equal to such costs and expenses incurred.

3. A lawyer that offers services as described in paragraphs b, c and d
of subdivision two of this section shall not, either directly or through
any media used to advertise or otherwise publicize the lawyer's
services, promise or advertise his or her ability to advance or pay
costs and expenses of litigation in such manner as to state or imply
that such ability is unique or extraordinary when such is not the case.

4. An attorney or counselor who violates the provisions of this
section is guilty of a misdemeanor.