Md. R. Att'y 19-718

As amended through November 13, 2024
Rule 19-718 - Statement of Charges
(a) Filing. Upon completion of an investigation, Bar Counsel shall file with the Commission a Statement of Charges if Bar Counsel determines that:
(1) the attorney engaged in conduct constituting professional misconduct or is incapacitated; and
(2) the professional misconduct or incapacity does not warrant an immediate Petition for Disciplinary or Remedial Action.
(b) Content. The Statement of Charges shall be in writing and:
(1) in clear and specific language, inform the attorney of all professional misconduct charged;
(2) contain a reference to each Rule of the Maryland Attorneys' Rules of Professional Conduct allegedly violated; and
(3) include or be accompanied by documentation and information, including any response that the attorney sent to Bar Counsel regarding the matter and any exculpatory material.
(c) Service; Peer Review.
(1) Bar Counsel shall serve on the attorney a copy of a Statement of Charges, together with the documentation and information filed pursuant to section (b) of this Rule, on an attorney in the manner prescribed by Rule 2-121(a). If after reasonable efforts, the attorney cannot be served personally, service may be made by e-mail to all e-mail addresses maintained by the attorney with the Attorney Information System in accordance with Rule 19-802.

Cross reference: See Rule 19-723 concerning service of a Petition for Disciplinary or Remedial Action.

(2) Bar Counsel shall send to the Chair of the Peer Review Committee a copy of the Statement of Charges, together with the supporting information and documentation filed pursuant to section (b) of this Rule. The matter shall then proceed in accordance with Rules 19-719 and 19-720.

Md. R. Att'y 19-718

This Rule is derived in part from former Rule 16-741(2016) and is in part new.

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