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Post v. Bregman12/24/1996
substantive legal duty of lawyers or the extra-disciplinary consequences of violating such a duty.
(Emphasis added). The text of each Rule is authoritative, and the Preamble and the note on Scope provide a "general orientation." The language used is directly on point. Both appellant's declaratory action and appellees' counterclaim are collateral proceedings, and interpreting the contract between the two in light of Rule 1.5(e) clearly would "augment . . . extra-disciplinary consequences of violating" the Rule.
In reaching our conclusion, we are mindful of our discussion (supra) , wherein we illustrated the constitutional basis for the judiciary's power to regulate itself. See, e.g., Waldron, 289 Md. at 690. Such a power is necessary for the courts to "maintain their dignity, transact their business, accomplish the purposes of their existence . . . ." Id. at 691 (quoted source omitted). Precisely because of this high degree of self-regulation, the judiciary must be extremely careful not to abuse its autonomy by extending the application of the rules it promulgates into areas not within its primary authority. In our view, the enforceability in contract of fee-sharing agreements between attorneys is one such area.
JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY AFFIRMED.
COSTS TO BE PAID BY APPELLANT.
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