Md. R. Att'y 19-308.1

As amended through November 13, 2024

Rule 19-308.1 - Bar Admission and Disciplinary Matters (8.1)

An applicant for admission or reinstatement to the bar, or an attorney in connection with a bar admission application or in connection with a disciplinary matter, shall not:

(a) knowingly make a false statement of material fact; or

(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 19-301.6 (1.6).

Md. R. Att'y 19-308.1

Adopted June 6, 2016, eff. 7/1/2016; amended July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 4/1/2023.

COMMENT

[1] The duty imposed by this Rule extends to persons seeking admission or reinstatement to the bar as well as to attorneys. Hence, if a person makes a material false statement in connection with an application for admission or for reinstatement, the statement may be the basis for subsequent disciplinary action if the person is admitted or reinstated, and in any event may be relevant in a subsequent admission application. The duty imposed by this Rule applies to an attorney's own admission or discipline as well as that of others. Thus, it is a separate professional offense for an attorney to knowingly make a misrepresentation or omission in connection with a disciplinary investigation of the attorney's own conduct. This Rule also requires affirmative clarification of any misunderstanding on the part of the admissions or disciplinary authority of which the person involved becomes aware.

[2] The Supreme Court has considered this Rule applicable when information is sought by the Attorney Grievance Commission from any attorney on any matter, whether or not the attorney is personally involved. See Attorney Grievance Commission v. Oswinkle, 364 Md. 182 (2001).

[3] This Rule is subject to the provisions of the Fifth Amendment of the United States Constitution and corresponding provisions of state constitutions. A person relying on such a provision in response to a question, however, should do so openly and not use the right of nondisclosure as a justification for failure to comply with this Rule.

[4] An attorney representing an applicant for admission to the bar, or representing an attorney who is the subject of a disciplinary inquiry or proceeding, is governed by the rules applicable to the client-attorney relationship.

Md. Rule 19-701(s) (defining "Reinstatement). Model Rules Comparison: This Rule substantially retains existing Maryland language with some further revisions and does not adopt Ethics 2000 Amendments to the ABA Model Rules of Professional Conduct.