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RULE 19-303.9. ADVOCATE IN NON-ADJUDICATIVE PROCEEDINGS (3.9)

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 19. Attorneys
Chapter 300. Maryland Attorneys' Rules of Professional Conduct
Advocate [Rules 19-303.1 to 19-303.9]
MD Rules Attorneys, Rule 19-303.9
RULE 19-303.9. ADVOCATE IN NON-ADJUDICATIVE PROCEEDINGS (3.9)
An attorney representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 19-303.3 (a) through (c) (3.3), 19-303.4 (a) through (c) (3.4), and 19-303.5 (3.5).
COMMENT
[1] In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule-making or policy-making capacity, attorneys engage in activities that are comparable to those of an advocate appearing before a tribunal. For example, attorneys present facts, formulate issues and advance argument in the matters under consideration. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it. A An attorney appearing before such a body should deal with it honestly and in conformity with applicable rules of procedure.
[2] Given these policies, this Rule requires that an attorney who appears before legislative bodies or administrative agencies in such nonadjudicative proceedings must adhere to Rules 19-303.3 (a) through (c) (3.3), 19-303.4 (a) through (c) (3.4), and 19-303.5 (3.5). Attorneys appearing under these circumstances must also adhere to all other applicable Rules, including Rules 19-304.1 (4.1) through 19-304.4 (4.4).
[3] Attorneys have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this Rule therefore may subject attorneys to regulations inapplicable to advocates who are not attorneys.
[4] Not all appearances before a legislative body or administrative agency are nonadjudicative within the meaning of this Rule. This Rule only applies when an attorney represents a client in connection with an official or formal hearing or meeting to which the attorney or the attorney's client is presenting evidence or argument. Thus, this Rule does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental agency; or in connection with an application for a license or other privilege or the client's compliance with generally applicable reporting requirements, such as the filing of income-tax returns. Nor does it apply to the representation of a client in connection with an investigation or examination of the client's affairs conducted by government investigators or examiners. Representation in such matters is governed by Rules 19-304.1 (4.1) through 19-304.4 (4.4).
[5] When an attorney appears before a legislative body or administrative agency acting in an adjudicative capacity, the legislative body or administrative agency is considered a “Tribunal” for purposes of these Rules, and all Rules relating to representation by an attorney before a Tribunal apply. See Rule 19-301.0 (o) (1.0) for the definition of “Tribunal.”
Model Rules Comparison: Rule 19-303.9 (3.9) has been rewritten to retain elements of existing Maryland language, to incorporate some changes from the Ethics 2000 Amendments to the ABA Model Rules, and to incorporate further revisions.

Credits

[Adopted June 6, 2016, eff. July 1, 2016.]
MD R Attorneys, Rule 19-303.9, MD R ATTORNEYS Rule 19-303.9
Current with amendments received through April 1, 2020.
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