(A)Certification of bar counsel(1) Disciplinary counsel shall certify bar counsel and assistant bar counsel who are nominated on or after January 1, 2022. Any bar counsel or assistant bar counsel certified or employed prior to January 1, 2022, shall not be subject to recertification but otherwise shall comply with the requirements set forth in this section . Disciplinary counsel shall promulgate and make available to the certified unauthorized practice of law committees the criteria that will be used in certifying bar counsel and assistant bar counsel and a form for submitting bar counsel nominations for certification. The criteria for certification shall include, but not be limited to, the following: (a) Legal experience, including substantive areas of practice and trial experience;(b) Any experience as a member of a certified unauthorized practice of law committee;(c) Experience in reviewing and investigating unauthorized practice of law allegations or prosecuting formal complaints, or both, including but not limited to the approximate number of allegations reviewed and investigated, the number of cases presented to hearing panels of the Board, and the number of unauthorized practice of law cases argued before the Supreme Court;(d) References from at least three natural persons in the legal community who attest to the applicant's high ethical standards, professionalism, and integrity.(2) Upon receipt of the nomination and application materials, disciplinary counsel shall promptly make a decision to grant or deny certification and provide notice to the certified unauthorized practice of law committee, nominated bar counsel or assistant bar counsel, and the Board. To facilitate the review of a nomination and application, disciplinary counsel may conduct an interview of the nominated bar counsel or assistant bar counsel.(3) Persons certified as bar counsel or assistant bar counsel under Gov.Bar R. V shall be automatically certified under this rule.(B)DecertificationDisciplinary counsel may decertify bar counsel or assistant bar counsel for failing to competently and diligently perform the duties set forth in Gov. Bar R. VII, or for other good cause shown. Before decertifying bar counsel or assistant bar counsel, disciplinary counsel shall provide to bar counsel or assistant bar counsel and the chairperson of the certified unauthorized practice of law committee that employs or retains bar counsel or assistant bar counsel written notice proposing the decertification of bar counsel or assistant bar counsel and shall afford bar counsel or assistant bar counsel a reasonable opportunity to respond to the proposed decertification.
(C)Duties of bar counselBar counsel shall devote the time necessary to performing the duties set forth in this rule, including but not limited to the following:
(1) Supervising the intake and investigation of allegations concerning the unauthorized practice of law:(2) Serving as the point of contact between the certified unauthorized practice of law committee and respondents and respondents' counsel, provided bar counsel may delegate this task to staff or volunteer members of the certified unauthorized practice of law committee;(3) Advising and training certified unauthorized practice of law committee members on matters of the unauthorized practice of law;(4) Participating in educational activities related to the unauthorized practice of law, including the completion, in each biennium, of a minimum of three hours of training offered or approved by disciplinary counsel or the Board in the area of unauthorized practice of law and the execution of the responsibilities for the review and investigation of allegations and the preparation and prosecution of formal complaints concerning the unauthorized practice of law;(5) Serving as counsel of record in each formal complaint filed with the Board by the bar counsel's certified unauthorized practice of law committee. For purposes of this rule, if bar counsel designates another unauthorized practice of law committee member, or assistant bar counsel, as lead counsel, that attorney shall participate personally and substantially in the post-complaint adjudication process, including, but not limited to, participating in prehearing telephone conferences; attending discovery depositions; drafting pleadings, stipulations, consent decree agreements, and pre-and post-hearing briefs; and attending and litigating the case before the hearing panel. Bar counsel may delegate any aspect of an unauthorized practice of law case to assistant bar counsel or volunteer certified unauthorized practice of law committee members, provided all of the following requirements are met:(a) The attorney to whom responsibilities are delegated is identified as counsel in the case;(b) Bar counsel directly supervises that attorney;(c) Bar counsel remains ultimately responsible for the litigation of the case to the hearing panel.(D)NoncomplianceFailure of bar counsel to comply with the requirements of this section may be grounds for decertifying the bar counsel's nominating certified unauthorized practice of law committee pursuant to Section 3 of this rule.
Amended April 27, 2021, effective 7/1/2021