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

(a) Address of Record. “Address of record” means the address maintained by the attorney with the Attorney Information System in accordance with Rule 19-802.

(b) Attorney. “Attorney” means an individual admitted by the Supreme Court to practice law in this State. For purposes of discipline or inactive status, the term also includes (1) an individual not admitted by the Supreme Court 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.

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

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

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

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

(g) Complainant. “Complainant” means a person who has filed a written allegation of misconduct or incapacity.

(h) Disability. “Disability” means a mental or physical condition that seriously interferes with the performance of an attorney's duties, and is, or is likely to become, permanent.

(i) Disability Inactive Status. “Disability inactive status” means a status determined pursuant to Rule 19-739.

(j) Disbarment. “Disbarment” means the unconditional termination of any privilege to practice law in this State pursuant to Rule 19-741 and, when applied to an attorney not admitted by the Supreme Court to practice law, means the unconditional exclusion from the admission to or the exercise of any privilege to practice law in this State.

(k) E-mail Address of Record. “E-mail address of record” means the e-mail address(es) maintained by the attorney with the Attorney Information System in accordance with Rule 19-802.

(l) Impairment; Impaired. “Impairment” or “impaired” means a mental or physical disability, including an addiction, that seriously interferes with the performance of an attorney's duties but may be remediable and, if remedied, is not likely to become permanent.

(m) Incapacity. “Incapacity” means the inability to render adequate legal service by reason of a disability or impairment.

(n) Letter of Admonition. “Letter of admonition” means a notice or admonishment to an attorney to avoid future misconduct.

(o) Letter of Cautionary Advice. “Letter of cautionary advice” means advice or a recommendation that an attorney be more careful or conscientious.

(p) Office for the Practice of Law. “Office for the practice of law” means a location 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.

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

(r) 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.

(s) 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.

(t) 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, (3) a crime under federal law or the law of any state that is punishable by imprisonment for three years or more, or (4) any crime, a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy, or solicitation of another to commit a serious crime.

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

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

(w) 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 Supreme Court 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.

 

Attorney Grievance defense attorney specializes in defending lawyers in disciplinary proceedings before the Maryland Attorney Grievance Commission and the D.C. Bar's Board on Professional Responsibility involving professional misconduct, legal ethics, disbarment, suspensions of law licenses, petitions for disciplinary action, reprimands and sanctions for unethical conduct. If you receive a letter from Bar Counsel Lydia Lawless, Disciplinary Counsel Hamilton Fox, or from any attorney disciplinary board in Maryland or the District of Columbia, retain experienced attorneys with expertise in lawyer discipline and breach of ethics cases to avoid sanctions for professional misconduct. We help lawyers avoid disbarment, suspension, reprimands, censure and informal admonitions by drafting responses to client grievances and ethical complaints; representing lawyers in peer reviews, evidentiary hearings, and oral arguments before the BPR and the Court of Appeals; filing petitions to reinstate an attorney's license to practice law; conducting law firm ethical compliance audits; and drafting legal ethics opinions to protect lawyers from ethics charges. In many cases, disciplinary proceedings may be dismissed, dismissed with a warning, or result in a conditional diversion agreement with Bar Counsel to rectify misconduct. Lawyers may need help in managing their law firm attorney escrow IOLTA trust account and complying with attorney trust accounting rules to avoid charges of ethical misconduct. Do not represent yourself in responding to an attorney grievance, law firm client complaint, or other allegation of ethical impropriety. Attorney grievance defense counsel may help you comply with legal ethics rules, avoid sanctions like suspension or disbarment, and avoid future attorney grievances.

410.581.0070

By The Lawyer's Lawyers | Kramer & Connolly and Irwin R. Kramer who are responsible for the content of this informational website.   This website is designed for lawyers faced with attorney grievances. As cases do differ, past performance does not guarantee future results.
 

NOT AFFILIATED WITH THE ATTORNEY GRIEVANCE COMMISSION OF MARYLAND
OR THE BOARD ON PROFESSIONAL RESPONSIBILITY OF THE D.C. BAR