Md. R. Att'y 19-306.3

As amended through April 5, 2024

Rule 19-306.3 - Membership in Legal Services Organization (6.3)

An attorney may serve as a director, officer or member of a legal services organization, apart from the law firm in which the attorney practices, notwithstanding that the organization serves persons having interests adverse to a client of the attorney. The attorney shall not knowingly participate in a decision or action of the organization:

(a) if participating in the decision would be incompatible with the attorney's obligations to a client under Rule 19-301.7 (1.7); or

(b) where the decision could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the attorney.

Md. R. Att'y 19-306.3

Adopted June 6, 2016, eff. 7/1/2016.

COMMENT

[1] Attorneys should be encouraged to support and participate in legal service organizations. An attorney who is an officer or a member of such an organization does not thereby have a client-attorney relationship with persons served by the organization. However, there is potential conflict between the interests of such persons and the interests of the attorney's clients. If the possibility of such conflict disqualified an attorney from serving on the board of a legal services organization, the profession's involvement in such organizations would be severely curtailed.

[2] It may be necessary in appropriate cases to reassure a client of the organization that the representation will not be affected by conflicting loyalties of a member of the board. Established, written policies in this respect can enhance the credibility of such assurances.

Model Rules Comparison: Given that the Ethics 2000 Amendments to the ABA Model Rules of Professional Conduct made no changes to this Rule, Rule 19-306.3 (6.3) has not been amended and remains substantially similar to Model Rule 6.3.