Md. R. Att'y 19-711
Bar Counsel shall make an inquiry concerning every complaint that is not facially frivolous, unfounded, or duplicative.
If Bar Counsel concludes that a complaint is without merit, does not allege facts which, if true, would demonstrate either professional misconduct or incapacity, or is duplicative, Bar Counsel shall decline the complaint and notify the complainant. Bar Counsel also may decline a complaint submitted by an person who provides information about an attorney derived from published news reports or third party sources where the complainant appears to have no personal knowledge of the information being submitted.
For purposes of this Rule, (i) "election" means a general election, primary election, or special election in Maryland or elsewhere, whether arising under the Code, Election Article, a city ordinance, or an equivalent source, and (ii) "candidate" means an individual who files a certificate of candidacy for a public office.
Committee note: Although in this Rule "election" is broadly defined to include local elections in small municipalities and elections in other jurisdictions, nothing in this Rule imposes a duty on Bar Counsel to determine the existence of a candidacy that cannot be readily discerned from the State Board of Elections website, the complainant's completed complaint form, or well-publicized media coverage in the State.
If a complaint is received or initiated by Bar Counsel less than 90 days before an election in which the attorney is a candidate, all action in the matter shall be stayed until the attorney's candidacy is finally determined unless:
Cross reference: See Attorney Grievance Commission v. Pierre, 485 Md. 56 (2023).
Committee note: When subsection (b)(3) of this Rule applies, all action on a complaint is stayed prior to any notification by Bar Counsel to the attorney. The Committee recognizes that the complainant or other individual may make the existence of the complaint public despite the stay. Subsection (b)(3)(B)(iii) addresses the circumstance in which the attorney has been made aware of the existence of a complaint and wishes to decline the stay.
Unless a complaint is declined for one of the reasons set forth in subsection (b)(2) of this Rule or the action is subject to a stay pursuant to subsection (b)(3) of this Rule that has not been lifted or expired, Bar Counsel ordinarily shall obtain a written response from the attorney who is the subject of a complaint and consider other appropriate information to assist in evaluating the merits of the complaint. If Bar Counsel determines based upon such evaluation that an insufficient basis exists to demonstrate misconduct or incapacity or that the overall circumstances do not warrant investigation, Bar Counsel may close the file without approval of the Commission. Otherwise, subject to subsection (b)(6) of this Rule, Bar Counsel shall (A) docket the complaint, (B) notify the complainant and explain in writing the procedures for investigating and processing the complaint, (C) comply with the notice requirement of section (c) of this Rule, and (D) conduct an investigation to determine whether there exists a substantial basis to conclude the attorney committed professional misconduct or is incapacitated.
If a complaint is declined or closed by Bar Counsel, allegations made in the complaint may not be used in any disciplinary proceeding against the attorney. If additional information becomes known to Bar Counsel regarding a complaint that was declined or closed before docketing, the earlier allegations may be reopened.
Committee note: In this Rule, "docket refers to the process of listing a complaint on the docket of active investigations maintained by Bar Counsel, rather than on a docket maintained by the clerk of a court. Before determining whether a complaint is frivolous or unfounded, Bar Counsel may contact the attorney and obtain an informal response to the allegations.
If Bar Counsel concludes that a civil or criminal action involving material allegations against the attorney substantially similar or related to those alleged in the complaint is pending in any court of record in the United States, or that substantially similar or related allegations presently are under investigation by a law enforcement, regulatory, or disciplinary agency, Bar Counsel, with the approval of the Commission, may defer action on the complaint pending a determination of those allegations in the pending action or investigation. Bar Counsel shall notify the complainant of that decision and, during the period of the deferral, shall report to the Commission, at least every 90 days, the status of the other action or investigation. The Commission, at any time, may direct Bar Counsel to proceed in accordance with subsection (b)(1) or (3) of this Rule.
Except as otherwise provided in this section, Bar Counsel shall notify the attorney who is the subject of the complaint that Bar Counsel is undertaking an investigation to determine whether the attorney has engaged in professional misconduct or is incapacitated. The notice shall be given before the conclusion of the investigation and shall include the name and contact information of the complainant and the general nature of the professional misconduct or incapacity under investigation. As part of the notice, Bar Counsel may demand that the attorney provide information and records that Bar Counsel deems appropriate and relevant to the investigation. The notice shall be given before the conclusion of the investigation and shall include the name and contact information of the complainant and the general nature of the professional misconduct or incapacity under investigation. As part of the notice, Bar Counsel may demand that the attorney provide information and records that Bar Counsel deems appropriate and relevant to the investigation. The notice shall state the time within which the attorney shall provide the information and any other information that the attorney may wish to present. The notice shall be served on the attorney in accordance with Rule 19-708
Bar Counsel need not give notice of investigation to an attorney if, with the approval of the Commission, Bar Counsel proceeds under Rule 19-737, 19-738, or 19-739.
Md. R. Att'y 19-711
This Rule is derived in part from former Rule 16-731(2016) and is in part new.
HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, changed the words "appropriate investigation to the words "inquiry concerning in subsection (b)(1); permitted Bar Counsel to decline a complaint is duplicative; permitted Bar Counsel to decline a complaint instead of dismissing one; permitted Bar Counsel to decline a complaint submitted by an individual who provides information about an attorney derived from certain sources where the complainant appears to have no personal knowledge of the information being submitted; provided that unless a complaint is declined, Bar Counsel ordinarily shall obtain a written response from the attorney who is the subject of the complaint and consider other appropriate information to assist in evaluating the complaint; giving Bar Counsel the discretion to close a file without the approval of the Attorney Grievance Commission if Bar Counsel determines that an insufficient bases exists to demonstrate misconduct or incapacity or that the overall circumstances do not warrant further investigation; in subsection (b)(3), changed the words "open a file on to the word "docket; changed the words "acknowledge receipt of the complaint to "notify the complainant, changed the word "believe to the word "support; added a sentence to the Committee note following subsection (b)(3); permitted Bar Counsel with the approval of the Commission to defer action on a complaint when an investigation of substantially similar or related facts by certain authorities is under way or when there are related allegations in a pending civil or criminal action; and made stylistic changes.