Attorney Grievance Commission of Maryland Peer Review Committee

Maryland Chaser License Defense Lawyer Treatment Grievance Commission Proceedings

What Types of Disciplinary Issues practise Maryland Attorneys Confront?

There are approximately twoscore,000 licensed attorneys in the State of Maryland. Each twelvemonth nigh 2,000 complaints are received by the Attorney Grievance Commission against these lawyers. A complaint can exist filed by anyone – a dissatisfied customer, a judge, or fifty-fifty another attorney.

Unfortunately, these complaints – many of which are often unjustified – can ruin an attorney'south reputation. When so much is at stake, information technology is imperative to seek the assist of a Maryland chaser license defense lawyer.

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Remember, every bit a licensed chaser, you lot take the correct to have your ain counsel stand for you at all stages of the Chaser Grievance Commission process. At the Police force Firm of J.W. Stafford, 50.50.C., we can assist you in preparing an initial response to a Bar Counsel enquiry, negotiating a CDA or reprimand with the Commission, and, when circumstances warrant information technology, defending you before the Courtroom of Appeals on formal charges.

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All complaints are screened by Bar Counsel, a special attorney who works for the Commission. If Bar Counsel concludes at that place is reason to believe that an attorney may have violated the Maryland Attorneys' Rules of Professional Conduct (MARPC), a formal investigation will exist opened. An investigation does not necessarily mean that the attorney will exist sanctioned or disciplined. In many cases, Bar Counsel will just request the attorney provide a written response to the complaint. If Bar Counsel is satisfied with the chaser's response, the file may be airtight without taking any further action.

The overwhelming bulk of complaints with the Chaser Grievance Commission are never formally docketed. Merely well-nigh 300 of the estimated two,000 complaints received in a given year will require any farther investigation. Even then, Bar Counsel and the Commission ultimately may determine the chaser has non violated the MARPC and no disciplinary activeness is warranted.

When the Committee does determine to impose discipline, it commonly does so for i or more of the post-obit reasons:

• The attorney failed to maintain complete records of a client's case;
• The attorney did not properly account for whatever client or tertiary-party funds in their possession;
• The attorney engaged in acts of "dishonesty, fraud, deceit, or misrepresentation";
• The chaser improperly co-mingled personal and client funds, rather than placing the latter in a properly managed IOLTA account;
• The Commission concludes the attorney failed to provide a client with competent representation;
• The chaser failed to properly communicate necessary information to a client or failed to honor a client's decisions or instructions;
• The attorney engaged in misconduct that was "prejudicial to the assistants of justice";
• The attorney engaged in misconduct that resulted in criminal prosecution or confidence;
• The attorney or someone under their supervision engaged in "unauthorized do of constabulary";
• The attorney failed in performing any upstanding duties owed to a customer following the termination of representation–or after declining to represent a potential client;
• The chaser failed to disclose a conflict of interest;
• The chaser engaged in simulated or misleading advertizing in connexion with the solicitation of clients;
• The Commission believes the attorney is physically or mentally incapacitated and therefore no longer competent to do police;
• The chaser charged a client an "excessive," improper, or illegal fee; or
• The chaser failed to respond to Bar Counsel, the Committee, or any other agency conducting an official investigation.

Provisional Diversion Agreements, Reprimands, Statements of Charges, and Petitions for Disciplinary or Remedial Action

If Bar Counsel does believe that an attorney has committed an ethical violation, the Attorney Grievance Committee tin can accept a number of steps in response. 1 choice is for the attorney and the Commission to voluntarily enter into a Conditional Diversion Agreement (CDA). This remedy is available for small infractions that do non implicate the attorney'due south dishonesty or involve misconduct that might pose a threat to the general public. One of the more common uses of CDAs is to help an attorney suffering from drug or alcohol addiction obtain treatment without losing his or her license to practise police.

The actual CDA is confidential, which means its terms will not be publicly disclosed unless the attorney violates its terms and the Commission revokes the deal. In past cases where nosotros take seen CDAs, an chaser is normally required to undergo a period of appropriate addiction treatment or mental health counseling, apologize to any afflicted clients, and submit to periodic monitoring past another lawyer appointed past Bar Counsel.

When Bar Counsel is unwilling or unable to offer a CDA, its other options include recommending a reprimand, a formal Statement of Charges, or in the most serious cases a Petition for Disciplinary or Remedial Action. A reprimand is usually entered with the consent of the chaser and constitutes a final action endmost the underlying complaint.

A Statement of Charges indicates Bar Counsel does non wish to immediately proceed to a full-scale disciplinary hearing. Instead, a Statement of Charges triggers the appointment of a Peer Review Console. This is a group of at least two attorneys and one non-attorney who volition review any evidence submitted by both Bar Counsel and the accused lawyer. The Peer Review Console will then determine if in that location is a "substantial basis indicating the need for some remedy." The Panel does not have the authority to impose field of study, however, but rather is there to recommend voluntary measures the attorney may have to "remedy whatever deficiencies on his or her part" that led to the original complaint. In fact, after undergoing the peer review process, Bar Counsel and the attorney may concur to either a CDA or a reprimand.

Defending Your Law License in Court

Unfortunately, in that location are attorney complaints that simply cannot be resolved through a reprimand, a CDA, or peer review. When the Attorney Grievance Committee concludes that it has sufficient prove to justify sanctions more serious than a reprimand, it can file a Petition seeking formal subject. Unlike the more private and informal measures described above, a Petition is a public complaint filed with the Maryland Court of Appeals, which, equally the land's highest court, supervises the exercise of police.

The Court of Appeals will typically designate a Maryland Excursion Court judge to serve as a hearing officer. The circuit judge will then concur a formal hearing. Such hearings are conducted under the "clear and convincing" standard of proof, which is less strict than the "across a reasonable dubiousness" requirement in criminal proceedings simply more than stringent than the "preponderance of the show" dominion used in most ceremonious trials.

After hearing all of the evidence, the circuit estimate volition event proposed findings of fact and conclusions of constabulary. Either the attorney or the Committee may then file objections or "exceptions" to the circuit guess'southward recommendations. The Court of Appeals then has the final say. While the Court of Appeals will by and large accept the circuit judge'south findings of fact, unless they are "conspicuously erroneous," the college court is free to adopt its ain conclusions of police.

The actual penalties the Court of Appeals may impose encompass a reprimand, disbarment, moving the attorney to "inactive" condition, or suspending their license for a period of betwixt 30 days and 1 twelvemonth.

Think, equally a licensed attorney, you have the right to take your own counsel correspond you at all stages of the Attorney Grievance Commission procedure. At the Law Firm of J.West. Stafford, L.L.C., we can assistance you in preparing an initial response to a Bar Counsel research, negotiating a CDA or reprimand with the Committee, and, when circumstances warrant it, defending you before the Court of Appeals on formal charges. You should never feel as if the legal system is being unfairly turned against you, and our experienced trial squad volition make certain that is not the case with your grievance proceeding.

Helping Clients Gain Admission to the Maryland Bar

Across handling grievances confronting licensed attorneys, the Constabulary Firm of J.W. Stafford, L.L.C., too can assist you lot with challenges in applying for access to the Maryland Bar. In addition to educational and testing requirements, the Maryland Country Board of Law Examiners may as well investigate the "character and fitness" of whatsoever person seeking to practice law. Specifically, the Board's Graphic symbol Committee may conduct personal interviews of an bidder for admission, verify any information provided in connection with the application, and, based on its review, brand a final recommendation to the Board.

When the Character Committee believes there are grounds for denying an application for admission, the bidder has the right to a formal hearing. As with a grievance proceeding, the bidder may be represented by counsel. One thing to keep in mind, however, is that different a disciplinary example confronting a licensed attorney, in a fitness and graphic symbol hearing, the brunt of proof is on the applicant, not the Board, to prove they have "skilful moral character" and are fit to practice law. This means, for instance, that any failure to respond the Committee's questions may be cited equally grounds for denying admission to the Bar.

Contact a Maryland Attorney License Defense Lawyer at The Law Firm of J.W. Stafford, LLC Today

Equally a fellow member of the legal community, you empathise better than most the importance of following the rules. Every bit y'all work difficult to manage your own practise or fix for the Bar exam, you may need your own attorney to help guide you through the organization that regulates the legal profession. Whether you are facing a formal disciplinary petition or need help managing your IOLTA accounts, Attorney Jamaal ("Jay") W. Stafford and his knowledgeable professional person licensing legal team tin can provide you with get-go-rate representation. Call the Law Firm of J.West. Stafford, L.L.C., today at 410-514-6099 or contact us online to schedule a confidential initial consultation with a Maryland attorney license defense lawyer so we tin review your state of affairs and help devise a strategy on how to proceed.

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Source: https://www.staffordtrialteam.com/grievance-commission-proceedings/

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