(a) If the arbitration panel finds that the conduct of any party in maintaining or defending any action is in bad faith or without substantial justification, the panel may require the offending party, the attorney advising the conduct, or both, to pay to the adverse party the costs of the proceeding and reasonable expenses, including reasonable attorney’s fees, incurred by the adverse party in opposing it. A determination made under this subsection shall become part of the panel award and subject to judicial review.
(b) If a legal fee is in dispute, an attorney may not charge or collect compensation for services rendered in connection with an arbitration claim unless it is approved by the arbitration panel, or by the court in the event an action to nullify a panel determination has been filed therein.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A - Health Care Malpractice Claims
Section 3-2A-02 - Exclusiveness of Procedures
Section 3-2A-03 - Health Care Alternative Dispute Resolution Office
Section 3-2A-03A - Health Claims Arbitration Fund
Section 3-2A-04 - Filing of Claim; Appointment of Arbitrators; Arbitrators' Immunity From Suit
Section 3-2A-05 - Arbitration of Claim
Section 3-2A-06 - Judicial Review
Section 3-2A-06A - Waiver of Arbitration Before Claim Heard
Section 3-2A-06B - Waiver of Arbitration After Filing Certificate of Qualified Expert
Section 3-2A-06C - Alternative Dispute Resolution
Section 3-2A-06D - Supplemental Certificate of Qualified Experts
Section 3-2A-07 - Award of Costs; Counsel Fees
Section 3-2A-08 - Effect of Advance Payment
Section 3-2A-08A - Offer of Judgment