(a)(1) In this section the following words have the meanings indicated.
(2) “Lawyer counseling committee” means a group of individuals that:
(i) is recognized by the Supreme Court of Maryland;
(ii) is a standing committee of the Maryland State Bar Association or of a local bar association;
(iii) consists of lawyers and other individuals necessary to carry out the functions of the committee; and
(iv) evaluates and helps a lawyer in need of treatment and rehabilitation for:
1. substance abuse; or
2. any other physical, emotional, or mental condition that adversely affects the ability of the lawyer to practice law in accordance with the rules adopted by the Supreme Court of Maryland.
(3) “Local bar association” means:
(i) in Baltimore City, the Bar Association of Baltimore City; or
(ii) in each county, the bar association with the greatest number of members who are residents of the county and who maintain their principal office for the practice of law in that county.
Proceedings before Attorney Grievance Commission or courts
(b)(1) This subsection does not apply to a proceeding before the Attorney Grievance Commission or a disciplinary proceeding against a lawyer before a circuit court or the Supreme Court of Maryland.
(2) The proceedings, records, and files of a lawyer counseling committee are not admissible into evidence or discoverable in an action that arises out of a matter that the lawyer counseling committee is or has been reviewing.
Immunity from liability
(c) Notwithstanding any other law, a member of a lawyer counseling committee shall have the immunity from liability and may not be subject to any disciplinary proceeding as described in § 5-416 of the Courts and Judicial Proceedings Article.
Credits
Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1989, c. 632, § 3; Acts 1990, c. 310; Acts 1990, c. 546, § 3; Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 2023, c. 49, § 6.
Formerly Art. 10, § 13.
MD Code, Business Occupations & Professions, § 10-502, MD BUS OCCUP & PROF § 10-502
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
