RULE 19-731. AUDIT OF ATTORNEY ACCOUNTS AND RECORDS
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules Attorneys, Rule 19-731
RULE 19-731. AUDIT OF ATTORNEY ACCOUNTS AND RECORDS
(a) Action for Audit. Bar Counsel or the Trustees of the Client Protection Fund may file a petition requesting an audit of the accounts and records that an attorney is required by law or Rule to maintain. The petition may be filed in the circuit court in any county where the attorney resides or has an office for the practice of law. If the attorney has no established office and the attorney's residence is unknown, the petition may be filed in any circuit court.
(f) Order Directing Audit. After considering the petition and any response and upon a finding of good cause, the circuit court may order any of the accounts and records required by law or Rule to be maintained by the attorney to be audited by a Certified Public Accountant designated in the order. The order directing the audit shall (1) expressly require that the audit be conducted and a report be made in a manner that preserves the confidentiality of the proceedings and the attorney's confidential relation with the attorney's clients, and (2) direct the attorney to produce promptly all accounts and records required by the auditor.
(h) Confidentiality. Any paper filed in the circuit court with respect to an audit shall be sealed upon filing and shall be open to inspection only by order of the court. A hearing before the court on any petition or motion shall be on the record but shall be conducted out of the presence of all individuals other than Bar Counsel, the attorney, and those individuals whose presence the court deems necessary. Any transcript or recording of the proceedings shall be sealed.
(A) Generally. If the circuit court makes a finding of contempt pursuant to Rule 15-206, Bar Counsel, with the approval of the Chair of the Commission, may file a Petition for Disciplinary or Remedial Action in the Supreme Court pursuant to Rule 19-721 (a)(1). A certified copy of the order of contempt shall be attached to the Petition, and a copy of the Petition and order shall be served on the attorney in accordance with Rule 19-723.
(B) Show Cause Order. When a petition and certified copy of an order of contempt have been filed, the Supreme Court shall order that the attorney, within 15 days from the date of the order, show cause in writing why the attorney should not be suspended immediately from the practice of law until further order of the Supreme Court. A copy of the Petition and show cause order shall be served on the attorney in accordance with Rule 19-723.
(C) Action by the Supreme Court. Upon consideration of the petition and any answer to the order to show cause, the Supreme Court may enter an order: (i) immediately suspending the attorney from the practice of law, pending further order of the Court, (ii) designating a judge pursuant to Rule 19-722 to hold a hearing in accordance with Rule 19-727, or (iii) containing any other appropriate provisions. The provisions of Rules 19-741 and 19-743 apply to an order under this section.
(D) Presumptive Effect of Order of Contempt. A finding of contempt is presumptive evidence that the attorney is in contempt of court, but the introduction of such evidence does not preclude Bar Counsel or the attorney from introducing additional evidence or otherwise showing cause why no suspension should be imposed.
Source: This Rule is derived as follows:
Sections (a), (b), (c), (e), (g), (i), and (j) are derived from former Rule 16-722 (2016).
Sections (d), (f), and (h) are derived in part from former Rule 16-722 (2016) and are in part new.
Sections (k) and (l) are new.
Credits
[Adopted June 6, 2016, eff. July 1, 2016. Amended July 9, 2021, eff. Oct. 1, 2021; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD R Attorneys, Rule 19-731, MD R ATTORNEYS Rule 19-731
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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