About the Author

Robert M. Bell

Robert M. Bell

Retired Chief Judge, Court of Appeals of Maryland


Issue: Where a reinstated attorney was later found to have committed fraud, and the alleged fraud was committed prior to the reinstatement itself, did Bar Counsel provide sufficient evidence to vacate his reinstatement?

Holding: Even though a trial court found that the attorney had committed fraud, findings made at a contested trial concluded after reinstatement was granted shall not provide sufficient grounds to vacate a reinstatement.

Rule: Under Rule 16-781(m), the Court will only vacate a reinstatement order if persuaded that the responding attorney has failed to comply with the order or made a material misrepresentation in the reinstatement petition. Later findings made after a contested trial will not suffice as grounds for vacating a reinstatement.

Citation: 410 Md. 544, 979 A.2d 698 (2009)