(a) Address of Record. “Address of record” means the address maintained by the attorney with the Attorney Information System in accordance with Rule 19-802.

(b) Attorney. “Attorney” means an individual admitted by the Supreme Court to practice law in this State. For purposes of discipline or inactive status, the term also includes (1) an individual not admitted by the Supreme Court but who engages in the practice of law in this State, holds himself or herself out as practicing law in this State, or who has the obligation of supervision or control over another attorney who engages in the practice of law in this State, and (2) an individual who is seeking reinstatement pursuant to Rules 19-751 or 19-752 following the imposition of discipline or inactive status.

Cross reference: See Rule 19-308.5 (8.5) of the Maryland Attorneys' Rules of Professional Conduct.

(c) Circuit. “Circuit” means Appellate Judicial Circuit.

(d) Client Protection Fund. “Client Protection Fund” means the Client Protection Fund of the Bar of Maryland created by Code, Business Occupations and Professions Article, § 10-311 and administered pursuant to Rule 19-604.

(e) Commission. “Commission” means the Attorney Grievance Commission of Maryland.

(f) Conditional Diversion Agreement. “Conditional diversion agreement” means the agreement provided for in Rule 19-716.

(g) Complainant. “Complainant” means a person who has filed a written allegation of misconduct or incapacity.

(h) Disability. “Disability” means a mental or physical condition that seriously interferes with the performance of an attorney's duties, and is, or is likely to become, permanent.

(i) Disability Inactive Status. “Disability inactive status” means a status determined pursuant to Rule 19-739.

(j) Disbarment. “Disbarment” means the unconditional termination of any privilege to practice law in this State pursuant to Rule 19-741 and, when applied to an attorney not admitted by the Supreme Court to practice law, means the unconditional exclusion from the admission to or the exercise of any privilege to practice law in this State.

(k) E-mail Address of Record. “E-mail address of record” means the e-mail address(es) maintained by the attorney with the Attorney Information System in accordance with Rule 19-802.

(l) Impairment; Impaired. “Impairment” or “impaired” means a mental or physical disability, including an addiction, that seriously interferes with the performance of an attorney's duties but may be remediable and, if remedied, is not likely to become permanent.

(m) Incapacity. “Incapacity” means the inability to render adequate legal service by reason of a disability or impairment.

(n) Letter of Admonition. “Letter of admonition” means a notice or admonishment to an attorney to avoid future misconduct.

(o) Letter of Cautionary Advice. “Letter of cautionary advice” means advice or a recommendation that an attorney be more careful or conscientious.

(p) Office for the Practice of Law. “Office for the practice of law” means a location in which an attorney usually devotes a substantial part of the attorney's time to the practice of law during ordinary business hours in the traditional work week.

(q) Petition for Disciplinary or Remedial Action. “Petition for disciplinary or remedial action” means the petition filed by Bar Counsel pursuant to Rule 19-721.

(r) Professional Misconduct. “Professional misconduct” or “misconduct” has the meaning set forth in Rule 19-308.4 (8.4) of the Maryland Attorneys' Rules of Professional Conduct in Chapter 300 of this Title. The term includes the knowing failure to respond to a request for information authorized by this Chapter without asserting, in writing, a privilege or other basis for such failure.

(s) Reinstatement. “Reinstatement” means the termination of disbarment, resignation, suspension, inactive status, or any exclusion to practice law in this State pursuant to an Order entered under Rule 19-751 or 19-752.

(t) Serious Crime. “Serious crime” means (1) a felony under Maryland law, (2) a crime committed in another state or under federal law that would have been a felony under Maryland law had the crime been committed in Maryland or in violation of Maryland law, (3) a crime under federal law or the law of any state that is punishable by imprisonment for three years or more, or (4) any crime, a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy, or solicitation of another to commit a serious crime.

(u) State. “State” means (1) a state, possession, territory, or commonwealth of the United States or (2) the District of Columbia.

(v) Statement of Charges. “Statement of charges” means the document filed by Bar Counsel pursuant to Rule 19-718.

(w) Suspension. “Suspension” means the temporary termination of the privilege to practice law, either for a fixed period or indefinitely and, when applied to an attorney not admitted by the Supreme Court to practice law, means the temporary or indefinite exclusion from the admission to or the exercise of any privilege to practice law in this State.

Source: This Rule is derived in part from former Rule 16-701 (2016) and is in part new.