(a) (1) Except as provided in paragraph (2) of this subsection, the attorney to, or an attorney designated by, the local governing authority in each county or an attorney employed by the State shall institute and defend each civil action in which the local department is a party.
(2) In Cecil County, the local department may secure the services of attorneys to represent it in all legal matters affecting the local department.
(b) Actions in which the local department is a party shall be instituted in the name of the local department.
(c) (1) The court may award attorney’s fees to an attorney representing a local department in an action to recover:
(i) from the estate of a recipient of any type of public assistance, the amount paid to the recipient during the recipient’s lifetime; or
(ii) from a recipient of any type of public assistance, the amount paid to the recipient before the recipient receives any property or income in excess of the amount stated in the recipient’s application for assistance and in excess of the recipient’s need.
(2) The amount of fees awarded by the court shall be deducted from the gross amount of the recovery in the action.
(3) The net amount of the recovery shall be turned over to the local department to be divided among the State, the county, and the federal government in proportion to the amount paid by each.
(d) (1) Except as otherwise provided, an attorney who provides any other legal services on behalf of a local department shall be paid the fees the Department sets.
(2) Attorney’s fees under this subsection shall be paid out of regular administrative funds.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.