Maryland Department of Human Resources Section 7

      (a)      It shall be the duty of the attorney to, or an attorney to be designated by, the local governing authority in each county of the State and in Baltimore City, as defined in § 4 of this article, to institute and defend all civil cases in which its local department is an interested party except that in Cecil County the local department may secure the services of attorneys at law to represent it in all legal matters affecting the local department. All such suits shall be instituted in the name of the local department.

      (b)      Whenever such attorneys institute suit for the recovery, from the estate of a recipient of any type of public assistance, of the amount paid to such recipient during his lifetime, or whenever such attorneys institute suit for the recovery, from a recipient of any type of public assistance, of the amount paid to such recipient prior to his coming into possession of any property or income in excess of the amount stated in his application for assistance and in excess of his need, such attorneys may be allowed such fees for their services as may be fixed by the court, and the amount of such fees allowed by the court, shall be deducted from the gross amount of the recovery in each case, and the net amount of the recovery turned over to the local department, to be divided between the State, the county or Baltimore City as the case may be, and the federal government in proportion to the amount paid by each respectively.

      (c)      For such other legal services as are required of such attorneys on behalf of local departments and not provided for otherwise, they shall be paid such fees as may be established, from time to time, by the State Department, the cost thereof to be borne from regular administrative funds.