RULES OF PROFESSIONAL CONDUCT

The Commission consists of nine lawyers and three nonlawyers appointed by the Court of Appeals for staggered three-year terms. Generally a member is eligible for reappointment immediately following the expiration of a full three-year term. Members of the Commission serve without compensation. The Chair and Vice-Chair of the Commission are designated by the Court.

Subject to approval by the Court of Appeals, the Commission appoints a lawyer to serve as Bar Counsel. For fiscal year 2005, Bar Counsel’s staff includes a Deputy Bar Counsel, eight Assistant Bar Counsel, six investigators, two paralegals, an office manager, nine secretaries and one receptionist. 

The Commission employs an attorney as Executive Secretary who acts as in-house counsel to the Commission, as liaison to the Chair of the Peer Review Committee, reviews documents filed with the Commission and maintains the records of the Commission.

The Commission supervises the activities of Bar Counsel and staff.  Those activities include the investigation of possible misconduct, the prosecution of disciplinary proceedings, the review of escrow account overdrafts, the investigation of unauthorized practice of law and the investigation of petitions for reinstatement. The Commission meets monthly, receives reports on receipts and expenditures, disciplinary statistics, the flow of complaints at all stages within the disciplinary process and it reviews personnel performance.

The Commission appoints the members of the Peer Review Committee, all of whom are volunteers, and it designates the Chair and one or more Vice Chairs. The Commission determines the number of persons in each circuit necessary to conduct the volume of peer review meetings.  One-third of that number are non-attorney residents and two-thirds are attorneys who maintain offices for the practice of law within that circuit. The term of each member is two years.

Upon completion of an investigation, Bar Counsel recommends to the Commission one of various actions, which the Commission may approve or disapprove, or files with the Commission a Statement of Charges with an election for peer review. Peer review panels hold informal meetings with Bar Counsel, the complainant and the attorney and recommend action to the Commission, which it may approve or disapprove. The actions which Bar Counsel or the peer review panels may recommend to the Commission include dismissal or termination of a complaint(with or without a warning) in accordance with Md. Rule 16-735; a Conditional Diversion Agreement in accordance with Md. Rule 16-736; a reprimand in accordance with Md. Rule 16-737 or the immediate filing of a Petition for Disciplinary or Remedial Action in accordance with Md. Rules 16-771, 16-773 or 16-774. A reprimand issued by the Commission is public and open to inspection pursuant to Md. Rule 16-723.

Petitions for Disciplinary or Remedial Action are filed by Bar Counsel in the Court of Appeals. The Court of Appeals designates a circuit court judge to hold a hearing and make findings of fact and conclusions of law. The matter is then transmitted back to the Court of Appeals for oral argument and final disposition. The Court of Appeals may order disbarment, suspension, reprimand, inactive status, dismissal or a remand for further proceedings.

The Attorney Grievance Commission does not represent Complainants. Any action for damages a Complainant may seek against an attorney(s) should not wait until the resolution of the complaint. The Complainant should seek the advice of private counsel.