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Rule 19-701. Definitions.

In this Chapter, the following definitions apply except as otherwise expressly provided or as necessary implication requires:

(a) Attorney. “Attorney” means an individual admitted by the Court of Appeals to practice law in this State. For purposes of discipline or inactive status, the term also includes (1) an individual not admitted by the Court of Appeals but who engages in the practice of law in this State, holds himself or herself out as practicing law in this State, or who has the obligation of supervision or control over another attorney who engages in the practice of law in this State, and (2) an individual who is seeking reinstatement pursuant to Rules 19-751 or 19-752 following the imposition of discipline or inactive status.

Cross reference: See Rule 19-308.5 (8.5) of the Maryland Attorneys' Rules of Professional Conduct.

(b) Circuit. “Circuit” means Appellate Judicial Circuit.

(c) Client Protection Fund. “Client Protection Fund” means the Client Protection Fund of the Bar of Maryland created by Code, Business and Occupations Article, § 10-311 and administered pursuant to Rule 19-604.

(d) Commission. “Commission” means the Attorney Grievance Commission of Maryland.

(e) Conditional Diversion Agreement. “Conditional diversion agreement” means the agreement provided for in Rule 19-716.

(f) Disbarment. “Disbarment” means the unconditional termination of any privilege to practice law in this State pursuant to Rule 19-742 and, when applied to an attorney not admitted by the Court of Appeals to practice law, means the unconditional exclusion from the admission to or the exercise of any privilege to practice law in this State.

(g) Incapacity. “Incapacity” means the inability to render adequate legal service by reason of mental or physical illness or infirmity, or addiction to or dependence upon alcohol or one or more drugs or other intoxicants.

(h) Office for the Practice of Law. “Office for the practice of law” means an office in which an attorney usually devotes a substantial part of the attorney's time to the practice of law during ordinary business hours in the traditional work week.

(i) Petition for Disciplinary or Remedial Action. “Petition for disciplinary or remedial action” means the petition filed by Bar Counsel pursuant to Rule 19-721.

(j) Professional Misconduct. “Professional misconduct” or “misconduct” has the meaning set forth in Rule 19-308.4 (8.4) of the Maryland Attorneys' Rules of Professional Conduct in Chapter 300 of this Title. The term includes the knowing failure to respond to a request for information authorized by this Chapter without asserting, in writing, a privilege or other basis for such failure.

(k) Reinstatement. “Reinstatement” means the termination of disbarment, resignation, suspension, inactive status, or any exclusion to practice law in this State pursuant to an Order entered under Rule 19-751 or 19-752.

(l) Serious Crime. “Serious crime” means (1) a felony under Maryland law; (2) a crime committed in another state or under federal law that would have been a felony under Maryland law had the crime been committed in Maryland or in violation of Maryland law, and (3) a crime under federal law or the law of any state that is punishable by imprisonment for three years or more.

(m) State. “State” means (1) a state, possession, territory, or commonwealth of the United States or (2) the District of Columbia.

(n) Statement of Charges. “Statement of charges” means the document filed by Bar Counsel pursuant to Rule 19-718.

(o) Suspension. “Suspension” means the temporary termination of the privilege to practice law, either for a fixed period or indefinitely and, when applied to an attorney not admitted by the Court of Appeals to practice law, means the temporary or indefinite exclusion from the admission to or the exercise of any privilege to practice law in this State.

(p) Warning. “Warning” means a notice that warns an attorney about future misconduct.