MARYLAND RULES OF PROCEDURE
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MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND
CHARACTER COMMITTEES
Rule 19-101.
Rule 19-102.
Rule 19-103.
Rule 19-104.
Rule 19-105.
DEFINITIONS
STATE BOARD OF LAW EXAMINERS
CHARACTER COMMITTEES
SUBPOENA POWER
CONFIDENTIALITY
CHAPTER 200 – ADMISSION TO THE BAR
GENERAL ADMISSION
Rule 19-201.
Rule 19-202.
Rule 19-203.
Rule 19-204.
Rule 19-205.
Rule 19-206.
Rule 19-207.
Rule 19-208.
Rule 19-209.
Rule 19-210.
Rule 19-211.
ELIGIBILITY TO TAKE BAR EXAMINATION
APPLICATION FOR ADMISSION AND PRELIMINARY
DETERMINATION OF ELIGIBILITY
CHARACTER REVIEW
PETITION TO TAKE A SCHEDULED EXAMINATION
APPEAL OF DENIAL OF ADA TEST ACCOMMODATION REQUEST
BAR EXAMINATION
NOTICE OF GRADES AND REVIEW PROCEDURE
RE-EXAMINATION AFTER FAILURE
REPORT TO COURT – ORDER
REQUIRED ORIENTATION PROGRAM
ORDER OF ADMISSION; TIME LIMITATION
ADMISSION OF OUT-OF-STATE ATTORNEYS
Rule 19-212.
Rule 19-213.
Rule 19-214.
ELIGIBILITY OF OUT-OF-STATE ATTORNEYS FOR ADMISSION
BY ATTORNEY EXAMINATION
ADMISSION OF OUT-OF-STATE ATTORNEYS BY ATTORNEY
EXAM - PROCEDURE
SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEYS PRO HAC
VICE
SPECIAL AUTHORIZATION TO PRACTICE
Rule 19-215.
Rule 19-216.
Rule 19-217.
SPECIAL AUTHORIZATION FOR OUT-OF-STATE ATTORNEYS
AFFILIATED WITH PROGRAMS PROVIDING LEGAL SERVICES
TO LOW-INCOME INDIVIDUALS
SPECIAL AUTHORIZATION FOR MILITARY SPOUSE ATTORNEYS
LEGAL ASSISTANCE BY LAW STUDENTS
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
MISCELLANEOUS PROVISIONS
Rule 19-218.
Rule 19-219.
ADDITIONAL CONDITIONS PRECEDENT TO THE PRACTICE OF
LAW
SUSPENSION OR REVOCATION OF ADMISSION
RULES OF THE BOARD
Board Rule 1.
Board Rule 2.
Board Rule 3.
Board Rule 4.
Board Rule 5.
Board Rule 6.
Board Rule 7.
APPLICATION FEES
FILING LATE FOR GOOD CAUSE
TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH
DISABILITIES ACT
EXAMINATION – SUBJECT MATTER
EXAMINATION FORMAT, SCORING AND PASSING STANDARD
OUT-OF-STATE ATTORNEY EXAMINATION
ELIGIBILITY TO TAKE THE EXAMINATION PURSUANT TO
RULE 19-201 (b)(2)
APPENDIX 19-A: FORMS FOR SPECIAL ADMISSION OF
OUT-OF-STATE ATTORNEY
Form 19-A.1.
Form 19-A.2.
MOTION FOR SPECIAL ADMISSION OF OUT-OF-STATE
ATTORNEY UNDER Rule 19-214
ORDER
CHAPTER 300 – MARYLAND ATTORNEYS’ RULES OF PROFESSIONAL CONDUCT
Rule 19-300.1.
Rule 19-301.0.
PREAMBLE
TERMINOLOGY (1.0)
CLIENT-ATTORNEY RELATIONSHIP
Rule 19-301.1.
Rule 19-301.2.
COMPETENCE (1.1)
SCOPE OF REPRESENTATION AND ALLOCATION OF
AUTHORITY BETWEEN CLIENT AND ATTORNEY (1.2)
Rule 19-301.3. DILIGENCE (1.3)
Rule 19-301.4. COMMUNICATION (1.4)
Rule 19-301.5. FEES (1.5)
Rule 19-301.6. CONFIDENTIALITY OF INFORMATION (1.6)
Rule 19-301.7. CONFLICT OF INTEREST – GENERAL RULE (1.7)
Rule 19-301.8. CONFLICT OF INTEREST; CURRENT CLIENTS; SPECIFIC
RULES (1.8)
Rule 19-301.9. DUTIES TO FORMER CLIENTS (1.9)
Rule 19-301.10. IMPUTATION OF CONFLICT OF INTEREST – GENERAL
RULE (1.10)
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-2-
Rule 19-301.11.
Rule 19-301.12.
Rule 19-301.13.
Rule 19-301.14.
Rule 19-301.15.
Rule 19-301.16.
Rule 19-301.17.
Rule 19-301.18.
SPECIAL CONFLICT OF INTEREST FOR FORMER AND
CURRENT GOVERNMENT OFFICERS AND EMPLOYEES (1.11)
FORMER JUDGE, ARBITRATOR, MEDIATOR, OR OTHER
THIRD-PARTY NEUTRAL (1.12)
ORGANIZATION AS CLIENT (1.13)
CLIENT WITH DIMINISHED CAPACITY (1.14)
SAFEKEEPING PROPERTY (1.15)
DECLINING OR TERMINATING REPRESENTATION (1.16)
SALE OF LAW PRACTICE (1.17)
DUTIES TO PROSPECTIVE CLIENT (1.18)
COUNSELOR
Rule 19-302.1.
Rule 19-302.3.
Rule 19-302.4.
ADVISOR (2.1)
EVALUATION FOR USE BY THIRD PARTIES (2.3)
ATTORNEY SERVING AS THIRD-PARTY NEUTRAL (2.4)
ADVOCATE
Rule 19-303.1.
Rule 19-303.2.
Rule 19-303.3.
Rule 19-303.4.
Rule 19-303.5.
Rule 19-303.6.
Rule 19-303.7.
Rule 19-303.8.
Rule 19-303.9.
MERITORIOUS CLAIMS AND CONTENTIONS (3.1)
EXPEDITING LITIGATION (3.2)
CANDOR TOWARD THE TRIBUNAL (3.3)
FAIRNESS TO OPPOSING PARTY AND ATTORNEY (3.4)
IMPARTIALITY AND DECORUM OF THE TRIBUNAL (3.5)
TRIAL PUBLICITY (3.6)
ATTORNEY AS WITNESS (3.7)
SPECIAL RESPONSIBILITIES OF A PROSECUTOR (3.8)
ADVOCATE IN NON-ADJUDICATIVE PROCEEDINGS (3.9)
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
Rule 19-304.1.
Rule 19-304.2.
Rule 19-304.3.
Rule 19-304.4.
TRUTHFULNESS IN STATEMENTS TO OTHERS (4.1)
COMMUNICATIONS WITH PERSONS REPRESENTED BY
AN ATTORNEY (4.2)
DEALING WITH UNREPRESENTED PERSON (4.3)
RESPECT FOR RIGHTS OF THIRD PERSONS (4.4)
LAW FIRMS AND ASSOCIATIONS
Rule 19-305.1.
Rule 19-305.2.
Rule 19-305.3.
Rule 19-305.4.
Rule 19-305.5.
Rule 19-305.6.
RESPONSIBILITIES OF PARTNERS, MANAGERS, AND
SUPERVISORY ATTORNEYS (5.1)
RESPONSIBILITIES OF A SUBORDINATE ATTORNEY (5.2)
RESPONSIBILITIES REGARDING NON-ATTORNEY
ASSISTANTS (5.3)
PROFESSIONAL INDEPENDENCE OF AN ATTORNEY (5.4)
UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW (5.5)
RESTRICTIONS ON RIGHT TO PRACTICE (5.6)
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-305.7.
RESPONSIBILITIES REGARDING LAW-RELATED SERVICES
(5.7)
PUBLIC SERVICE
Rule 19-306.1.
Rule 19-306.2.
Rule 19-306.3.
Rule 19-306.4.
Rule 19-306.5.
PRO BONO PUBLIC SERVICE (6.1)
ACCEPTING APPOINTMENTS (6.2)
MEMBERSHIP IN LEGAL SERVICES ORGANIZATION (6.3)
LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS
(6.4)
NON-PROFIT AND COURT-ANNEXED LIMITED LEGAL
SERVICES PROGRAMS (6.5)
INFORMATION ABOUT LEGAL SERVICES
Rule 19-307.1.
Rule 19-307.2.
Rule 19-307.3.
Rule 19-307.4.
Rule 19-307.5.
COMMUNICATIONS CONCERNING AN ATTORNEYS’ SERVICES
(7.1)
ADVERTISING (7.2)
DIRECT CONTACT WITH PROSPECTIVE CLIENTS (7.3)
COMMUNICATION OF FIELDS OF PRACTICE (7.4)
FIRM NAMES AND LETTERHEADS (7.5)
MAINTAINING THE INTEGRITY OF THE PROFESSION
Rule 19-308.1.
Rule 19-308.2.
Rule 19-308.3.
Rule 19-308.4.
Rule 19-308.5.
BAR ADMISSION AND DISCIPLINARY MATTERS (8.1)
JUDICIAL AND LEGAL OFFICIALS (8.2)
REPORTING PROFESSIONAL MISCONDUCT (8.3)
MISCONDUCT (8.4)
DISCIPLINARY AUTHORITY; CHOICE OF LAW (8.5)
APPENDIX 19-B:
IDEALS OF PROFESSIONALISM
APPENDIX 19-C: GUIDELINES OF ADVOCACY FOR
ATTORNEYS REPRESENTING CHILDREN IN CINA AND RELATED
TPR AND ADOPTION PROCEEDINGS
APPENDIX 19-D: GUIDELINES FOR PRACTICE FOR COURT-APPOINTED
ATTORNEYS REPRESENTING CHILDREN IN CASES
INVOLVING CHILD CUSTODY OR CHILD ACCESS
CHAPTER 400 – ATTORNEY TRUST ACCOUNTS
Rule 19-401.
Rule 19-402.
Rule 19-403.
Rule 19-404.
Rule 19-405.
APPLICABILITY
DEFINITIONS
DUTY TO MAINTAIN ACCOUNT
TRUST ACCOUNT – REQUIRED DEPOSITS
DUTY OF ATTORNEY TO NOTIFY INSTITUTION
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-4-
Rule 19-406.
Rule 19-407.
Rule 19-408.
Rule 19-409.
Rule 19-410.
Rule 19-411.
Rule 19-412.
Rule 19-413.
NAME AND DESIGNATION OF ACCOUNT
ATTORNEY TRUST ACCOUNT RECORD-KEEPING
COMMINGLING OF FUNDS
INTEREST ON FUNDS
PROHIBITED TRANSACTIONS
APPROVAL OF FINANCIAL INSTITUTIONS
NOTICE OF APPROVED INSTITUTIONS
ENFORCEMENT
CHAPTER 500 - PRO BONO LEGAL SERVICES
Rule 19-501.
Rule 19-502.
Rule 19-503.
Rule 19-504.
Rule 19-505.
STATE PRO BONO COMMITTEE AND PLAN
LOCAL PRO BONO COMMITTEES AND PLANS
REPORTING PRO BONO LEGAL SERVICE
PRO BONO ATTORNEY
LIST OF PRO BONO AND LEGAL SERVICES PROGRAMS
CHAPTER 600 – CLIENT PROTECTION FUND
Rule 19-601.
Rule 19-602.
Rule 19-603.
Rule 19-604.
Rule 19-605.
Rule 19-606.
Rule 19-607.
Rule 19-608.
Rule 19-609.
Rule 19-610.
Rule 19-611.
DEFINITIONS
PURPOSE
APPOINTMENT, COMPENSATION, MEETINGS OF TRUSTEES
POWERS AND DUTIES OF TRUSTEES, TREASURER
OBLIGATIONS OF ATTORNEYS
ENFORCEMENT OF OBLIGATIONS
DISHONORED CHECKS
NOTICES CONCERNING TEMPORARY SUSPENSIONS
CLAIMS
JUDICIAL REVIEW
SUPERVISORY AUTHORITY OF COURT OF APPEALS
CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION
GENERAL PROVISIONS
Rule 19-701.
Rule 19-702.
Rule 19-703.
Rule 19-704.
Rule 19-705.
Rule 19-706.
Rule 19-707.
Rule 19-708.
Rule 19-709.
DEFINITIONS
ATTORNEY GRIEVANCE COMMISSION
BAR COUNSEL
PEER REVIEW COMMITTEE
DISCIPLINARY FUND
SANCTIONS AND REMEDIES
CONFIDENTIALITY
SERVICE OF PAPERS ON ATTORNEY
COSTS
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-5-
ADMINISTRATIVE PROCEEDINGS
Rule 19-711.
Rule 19-712.
Rule 19-713.
Rule 19-714.
Rule 19-715.
Rule 19-716.
Rule 19-717.
Rule 19-718.
Rule 19-719.
Rule 19-720.
COMPLAINT; INVESTIGATION BY BAR COUNSEL
INVESTIGATIVE SUBPOENA
PERPETUATION OF EVIDENCE BEFORE PETITION FOR
DISCIPLINARY OR REMEDIAL ACTION
ACTION BY BAR COUNSEL UPON COMPLETION OF
INVESTIGATION
DISMISSAL OF COMPLAINT; TERMINATION OF DISCIPLINARY
OR REMEDIAL PROCEEDING
CONDITIONAL DIVERSION AGREEMENT
REPRIMAND BY COMMISSION
STATEMENT OF CHARGES
PEER REVIEW PANEL
PEER REVIEW PROCESS
PROCEEDINGS ON PETITION FOR DISCIPLINARY
OR REMEDIAL ACTION
Rule 19-721.
Rule 19-722.
Rule 19-723.
Rule 19-724.
Rule 19-725.
Rule 19-726.
Rule 19-727.
Rule 19-728.
Rule 19-729.
PETITION FOR DISCIPLINARY OR REMEDIAL ACTION
ORDER DESIGNATING JUDGE AND CLERK
SERVICE OF PETITION AND ORDER
ANSWER
PLEADINGS; MOTIONS; AMENDMENTS
DISCOVERY
JUDICIAL HEARING
POST-HEARING PROCEEDINGS
PROCEEDINGS IN COURT OF APPEALS
SPECIAL PROCEEDINGS
Rule 19-731.
Rule 19-732.
Rule 19-733.
Rule 19-734.
Rule 19-735.
Rule 19-736.
Rule 19-737.
Rule 19-738.
Rule 19-739.
Rule 19-740.
AUDIT OF ATTORNEY ACCOUNTS AND RECORDS
INJUNCTION; EXPEDITED ACTION
REFERRAL FROM CHILD SUPPORT ENFORCEMENT
ADMINISTRATION
CONSERVATOR OF CLIENT MATTERS
RESIGNATION OF ATTORNEY
CONSENT TO DISCIPLINE OR INACTIVE STATUS
RECIPROCAL DISCIPLINE OR INACTIVE STATUS
DISCIPLINE ON CONVICTION OF CRIME
SUMMARY PLACEMENT ON INACTIVE STATUS
PERMANENT RETIRED STATUS
DISPOSITIONS BY COURT OF APPEALS
Rule 19-741.
Rule 19-742.
Rule 19-743.
Rule 19-744.
DISPOSITION - GENERALLY
ORDER OF DISBARMENT OR SUSPENSION
ORDER OF REPRIMAND
PLACEMENT ON INACTIVE STATUS
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-6-
REINSTATEMENT
Rule 19-751.
Rule 19-752.
REINSTATEMENT - SUSPENSION SIX MONTHS OR LESS
REINSTATEMENT - OTHER SUSPENSION; DISBARMENT;
INACTIVE STATUS; RESIGNATION
REGISTER OF ATTORNEYS; NOTICES
Rule 19-761.
DUTIES OF CLERK OF COURT OF APPEALS
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-7-
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND
CHARACTER COMMITTEES
TABLE OF CONTENTS
Rule 19-101.
DEFINITIONS
(a) ADA
(b) Applicant; Petitioner
(c) Board
(d) Court
(e) Filed
(f) MBE
(g) MPT
(h) Oath
(i) State
Rule 19-102.
STATE BOARD OF LAW EXAMINERS
(a) Appointment
(b) Quorum
(c) Authority
(1) Generally
(2) Adoption of Rules
(d) Amendment of Board Rules – Posting
(e) Professional Assistants
(f) Compensation of Board Members and Assistants
(g) Secretary to the Board
(h) Fees
Rule 19-103.
CHARACTER COMMITTEES
Rule 19-104.
SUBPOENA POWER
(a) Subpoena
(1) Issuance
(2) Name of Applicant
(3) Return
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-8-
(4) Dockets and Files
(5) Action to Quash or Enforce
(b) Sanctions
(c) Court Costs
Rule 19-105.
CONFIDENTIALITY
(a) Proceedings Before Accommodations Review Committee,
Character Committee, or Board
(b) Right of Applicant
(1) Right to Attend Hearings and Inspect Papers
(2) Exclusions
(c) When Disclosure Authorized
(d) Proceedings and Access to Records in the Court of
Appeals
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-9-
Rule 19-101
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND
CHARACTER COMMITTEES
Rule 1. 19-101.
DEFINITIONS
In these Rules this Chapter and Chapter 200 of this Title,
the following definitions apply, except as expressly otherwise
provided or as necessary implication requires:
(a)
ADA
"ADA" means the Americans with Disabilities Act as
amended, 42 U.S.C. §12101, et seq.
(b)
Applicant; Petitioner
“Applicant” means an individual who applies for admission
to the Bar of Maryland (1) pursuant to Rule 19-202, or (2) as a
“petitioner” under Rule 19-213.
(b) (c) Board
"Board" means the Board of Law Examiners of the State of
Maryland.
(c) (d) Court
"Court" means the Court of Appeals of Maryland.
(d)
Code, Reference to
Reference to an article and section of the Code means the
article and section of the Annotated Code of Public General Laws
of Maryland as from time to time amended.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-10-
Rule 19-101
(e)
Filed
"Filed" means received in the office of the Secretary of
the Board during normal business hours.
(f)
MBE
"MBE" means the Multi-state Bar Examination published by
the National Conference of Bar Examiners.
(g)
MPT
"MPT" means the Multistate Performance Test published by
the National Conference of Bar Examiners.
(h)
Oath
"Oath" means a declaration or affirmation made under the
penalties of perjury that a certain statement or of fact is true.
(i)
State
"State" means (1) a state, possession, territory, or
commonwealth of the United States or (2) the District of
Columbia.
Source: This Rule is derived from former Rule 1 of the Rules
Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-101 is derived from current Rule 1 of the Rules
Governing Admission to the Bar of Maryland (RGAB), with style
changes.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-11-
Rule 19-102
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND
CHARACTER COMMITTEES
Rule 20. 19-102.
(a)
THE STATE BOARD OF LAW EXAMINERS
Appointment
There is a State Board of Law Examiners.
consist of seven members appointed by the Court.
The Board shall
Each member
shall have been admitted to practice law in Maryland.
The terms
of members shall be as provided in Code, Business Occupations and
Professions Article, §10-202 (c).
(b)
Quorum
A majority of the authorized membership of the Board is a
quorum.
(a) (c)
Authority to Adopt Rules
(1) Generally
The Board shall exercise the authority and perform the
duties assigned to it by the Rules in this Chapter and Chapter
200 of this Title, including general supervision over the
character and fitness requirements and procedures set forth in
those Rules and the operations of the character committees.
(2) Adoption of Rules
The Board may adopt rules to carry out the requirements
of these Rules and to facilitate the conduct of examinations this
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-12-
Rule 19-102
Chapter and Chapter 200 of this Title.
The Rules of the Board
shall be published in the Code, Maryland Rules, following these
Rules follow Chapter 200 of Title 19.
(b) (d)
Amendment of Board Rules - Publication Posting
Any amendment of the Board's rules shall be published at
least once in a daily newspaper of general circulation in this
State.
The amendment shall be published posted on the Judiciary
website at least 45 days before the examination at which it is to
become effective, except that an amendment that substantially
increases the area of subject-matter knowledge required for any
examination shall be published posted at least one year before
the examination.
(c) (e) Professional Assistants
The Board may appoint the professional assistants
necessary for the proper conduct of its business.
Each
professional assistant shall be an attorney admitted by the Court
of Appeals and shall serve at the pleasure of the Board.
Committee note: Professional assistants primarily assist in
writing and grading the bar examination. Section (e) does not
apply to the secretary or administrative staff.
(d) (f)
Compensation of Board Members and Assistants
The members of the Board and assistants shall receive the
compensation fixed from time to time by the Court.
(e) (g)
Secretary to the Board
The Court may appoint a secretary to the Board, to hold
office during at the pleasure of the Court.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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The secretary shall
Rule 19-102
have the administrative powers and duties that prescribed by the
Board may prescribe and shall serve as the administrative
director of the Office of the State Board of Law Examiners.
(h)
Fees
The Board shall prescribe the fees, subject to approval by
the Court, to be paid by applicants under Rules 2 19-202, 19-204,
and 7 19-208 and by petitioners under Rule 13 19-213.
Cross reference: See Code, Business Occupations and Professions
Article, §10-208 (b) for maximum examination fee allowed by law.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 7 h and 9 a new.
Section (b) is new.
Sections (c) through (g) are derived from former Rule 20 of the
Rules Governing Admission to the Bar of Maryland (2016).
Section (h) is derived from former Rule 18 of the Rules
Governing Admission to the Bar of Maryland (2016).
Section (b) is derived from former Rule 7 h and i.
Section (c) is derived from former Rule 9 c.
Section (d) is derived from former Rule 16.
Section (e) is derived from former Rule 17.
REPORTER’S NOTE
Rule 19-102 is derived from current RGAB 20 and 18, with
style changes. Sections (a) and (b) are new and include the
provisions of Code, Business Occupations and Professions Article,
§10-202 concerning the composition of the Board and quorum
requirements.
Subsection (c)(1) is new. It implements a recommendation of
the Maryland Professionalism Center Bar Admission Task Force that
the character and fitness procedure be put under the purview of
the Board.
Section (d) is updated to require posting on the Judiciary
website, rather than publication in a newspaper.
Section (e) is clarified by the addition of the word
“professional” in the tagline and text and by the addition of a
Committee note.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-14-
Rule 19-103
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND
CHARACTER COMMITTEES
Rule 17. 19-103.
CHARACTER COMMITTEES
The Court shall appoint a Character Committee for each of
the seven Appellate Judicial Circuits of the State.
Each
Character Committee shall consist of not less than five members
whose terms shall be five years each, except that in the Sixth
Appellate Judicial Circuit the term of each member shall be two
years.
The terms shall be staggered.
The Court shall designate
the chair of each Committee and vice chair, if any and may
provide compensation to the members.
For each application
referred to a Character Committee, the Board shall remit to the
Committee a sum to defray some of the expense of the
investigation.
Cross reference:
Procedure.
See Rule 19-203 for the Character Review
Source: This Rule is derived from former Rule 4 a and e 17 of
the Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-103 is derived from current RGAB 17, with the
addition of a reference to a vice chair, if any, and a cross
reference to the Rule concerning the character review procedure
itself. The reference to “compensation” is replaced by a
sentence that more accurately describes the sums paid by the
Board to the Character Committees.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-15-
Rule 19-104
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND
CHARACTER COMMITTEES
Rule 22. 19-104.
SUBPOENA POWER OF BOARD AND CHARACTER
COMMITTEES
(a)
Subpoena
(1) Issuance
In any proceeding before the Board or a Character
Committee pursuant to Bar Admission Rule 5 19-203 or Bar
Admission Rule 13 19-213, the Board or Committee, on its own
motion initiative or the motion of an applicant, may cause a
subpoena to be issued by a clerk pursuant to Rule 2-510.
The
subpoena shall issue from the Circuit Court for Anne Arundel
County if incident to Board proceedings or from the circuit court
in the county in which the Character Committee proceedings are is
pending, and the.
The proceedings may shall not be docketed in
the issuing court and shall be sealed and shielded from public
inspection.
(2) Name of Applicant
The subpoena shall not divulge the name of the applicant,
except to the extent this requirement is impracticable.
(3) Return
The sheriff's return shall be made as directed in the
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
-16-
Rule 19-104
subpoena.
(4) Dockets and Files
The Character Committee or the Board, as applicable,
shall maintain dockets and files of all papers filed in the
proceedings.
(5) Action to Quash or Enforce
Any action to quash or enforce a subpoena shall be filed
under seal and docketed as a miscellaneous action in the court
that issued the subpoena.
Cross reference:
(b)
See Rule 16-906 (g)(3).
Sanctions
If a person is subpoenaed to appear and give testimony or
to produce books, documents, or other tangible things and fails
to do so, the party who requested the subpoena, by motion that
does not divulge the name of the applicant, (except to the extent
that this requirement is impracticable), may request the court to
issue an attachment pursuant to Rule 2-510 (j), or to cite the
person for contempt pursuant to Title 15, Chapter 200 of the
Maryland Rules, or both.
Any such motion shall be filed under
seal.
(c)
Court Rules Costs
All court costs in proceedings under this Rule shall be
assessable to and paid by the State.
Source: This Rule is new derived from former Rule 22 of the
Rules Governing Admission to the Bar of Maryland (2016).
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Rule 19-104
REPORTER’S NOTE
Rule 19-104 is derived from current RGAB 22 with style
changes and the addition of provisions concerning sealing,
shielding, quashing, and enforcing subpoenas.
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Rule 19-105
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND
CHARACTER COMMITTEES
Rule 19. 19-105.
(a)
CONFIDENTIALITY
Proceedings Before Committee or Board; General Policy
Accommodations Review Committee, Character Committee, or Board
Except as provided in sections (b), (c), and (d) of this
Rule, the proceedings before the Accommodations Review Committee
and its panels, a Character Committee, and the Board, and the
including related papers, evidence, and information, are
confidential and shall not be open to public inspection or
subject to court process or compulsory disclosure.
(b)
Right of Applicant
(1) Right to Attend Hearings and Inspect Papers
Except as provided in paragraph (2) of this section, an
An applicant has the right to attend all hearings before a panel
of the Accommodations Review Committee, a Character Committee,
and the Board, and the Court pertaining to his or her application
and, except as provided in subsection (b)(2) of this Rule, to be
informed of and inspect all papers, evidence, and information
received or considered by the panel, Committee or the Board
pertaining to the applicant.
(2) Exclusions
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Rule 19-105
This section Subsection (b)(1) of this Rule does not
apply to (A) papers or evidence received, or considered, or
prepared by the National Conference of Bar Examiners, a Character
Committee, of or the Board if the Committee or Board, without a
hearing, recommends the applicant's admission; (B) personal
memoranda, notes, and work papers of members or staff of the
National Conference of Bar Examiners, a Character Committee, or
the Board; (C) correspondence between or among members or staff
of the National Conference of Bar Examiners, a Character
Committee, or the Board; or (D) an applicant's bar examination
grades and answers, except as authorized in Rule 8 19-207 and
Rule 13 19-213.
(c)
When Disclosure Authorized
The Board may disclose:
(1) statistical information that does not reveal the identity
of an individual applicant;
(2) the fact that an applicant has passed the bar examination
and the date of the examination;
(3) if the applicant has consented in writing, any material
pertaining to an the applicant that the applicant would be
entitled to inspect under section (b) of this Rule if the
applicant has consented in writing to the disclosure;
(4) for use in a pending disciplinary proceeding against the
applicant as an attorney or judge, a pending proceeding for
reinstatement of the applicant as an attorney after suspension or
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Rule 19-105
disbarment, or a pending proceeding for original admission of the
applicant to the Bar, any material pertaining to an applicant
requested by:
(A) a court of this State, another state, or the United
States;
(B) Bar Counsel, the Attorney Grievance Commission, or the
attorney disciplinary authority in another state;
(C) the authority in another jurisdiction responsible for
investigating the character and fitness of an applicant for
admission to the bar of that jurisdiction, or
(D) Investigative Counsel, the Commission on Judicial
Disabilities, or the judicial disciplinary authority in another
jurisdiction for use in;
(i) a pending disciplinary proceeding against the
applicant as an attorney or judge;
(ii) a pending proceeding for reinstatement of the
applicant as an attorney after disbarment; or
(iii) a pending proceeding for original admission of the
applicant to the Bar;
(5) any material pertaining to an applicant requested by a
judicial nominating commission or the Governor of this or any
other State, a committee of the Senate of Maryland, the President
of the United States, or a committee of the United States Senate
in connection with an application by or nomination of the
applicant for judicial office;
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Rule 19-105
(6) to a law school, the names of persons individuals who
graduated from that law school who took a bar examination, and
whether they passed or failed the examination, and the number of
bar examination attempts by each individual;
(7) to the Maryland State Bar Association and any other bona
fide bar association in the State of Maryland, the name and
address of a person an individual recommended for bar admission
pursuant to Rule 10 19-209;
(8) to each entity selected to give the course on legal
professionalism orientation program required by Rule 11 19-210
and verify participation in it, the name and address of a person
an individual recommended for bar admission pursuant to Rule 10
19-209;
(9) to the National Conference of Bar Examiners, the
following information regarding persons individuals who have
filed applications for admission pursuant to Rule 2 19-202 or
petitions to take the attorney's examination pursuant to Rule 13
19-213: the applicant's name and any aliases, applicant number,
birthdate, Law School Admission Council number, law school, date
that a juris doctor or equivalent degree was conferred, bar
examination results and pass/fail status, and the number of bar
examination attempts;
(10) to any member of a Character Committee, the report of
any Character Committee or the Board following a hearing on an
application; and
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Rule 19-105
(11) to the Child Support Enforcement Administration, upon its
request, the name, Social Security number, and address of a
person an individual who has filed an application pursuant to
Rule 2 19-202 or a petition to take the attorney's examination
pursuant to Rule 13 19-213.
Unless information disclosed pursuant to paragraphs
subsections (c)(4) and (5) of this section Rule is disclosed with
the written consent of the applicant, an applicant shall receive
a copy of the information and may rebut, in writing, any matter
contained in it.
Upon receipt of a written rebuttal, the Board
shall forward a copy to the person individual or entity to whom
the information was disclosed.
(d)
Proceedings and Access to Records in the Court of Appeals
(1) Subject to reasonable regulation by the Court of Appeals,
Bar Admission ceremonies shall be open.
(2) Unless the Court otherwise orders in a particular case:
(A) hearings in the Court of Appeals shall be open, and
(B) if the Court conducts a hearing regarding a bar
applicant, any report by the Accommodations Review Committee, a
Character Committee, or the Board filed with the Court, but no
other part of the applicant's record, shall be subject to public
inspection.
(3) The Court of Appeals may make any of the disclosures that
the Board may make pursuant to section (c) of this Rule.
(4) Except as provided in paragraphs subsections (d)(1), (2),
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Rule 19-105
and (3) of this section Rule or as otherwise required by law,
proceedings before the Court of Appeals and the related papers,
evidence, and information are confidential and shall not be open
to public inspection or subject to court process or compulsory
disclosure.
Source: This Rule is new derived from former Rule 19 of the
Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
This Rule is derived from former RGAB 19 with style changes.
The State Board of Law Examiners recommends that more references
to the National Conference of Bar Examiners be included in the
Rule. References to the judicial nominating commission of other
States, governors of other States, and the President of the
United States are added. At the request of law schools, added to
subsection (c)(6) is the permitted disclosure to a law school of
the number of times an individual graduate of that law school
took the bar examination.
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MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
TABLE OF CONTENTS
Rule 19-201.
ELIGIBILITY TO TAKE BAR EXAMINATION
(a) Educational Requirements
(b) Waiver
(c) Minors
Rule 19-202.
APPLICATION FOR ADMISSION AND PRELIMINARY
DETERMINATION OF ELIGIBILITY
(a) By Application
(b) Form of Application
(c) Time for Filing
(1) Without Intent to Take Particular Examination
(2) With Intent to Take Particular Examination
(3) Acceptance of Late Application
(d) Preliminary Determination of Eligibility
(e) Updated Application
(f) Withdrawal of Application
(g) Subsequent Application
Rule 19-203.
CHARACTER REVIEW
(a) Investigation and Report of Character Committee
(b) Hearing by Board
(c) Review by Court
(d) Burden of Proof
(e) Continuing Review
Rule 19-204.
PETITION TO TAKE A SCHEDULED EXAMINATION
(a) Filing
(b) Request for Test Accommodation
(c) Time for Filing
(d) Affirmation and Verification of Eligibility
(e) Voiding of Examination Results for Ineligibility
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(f) Certification by Law School
(g) Refunds
Rule 19-205.
APPEAL OF DENIAL OF ADA TEST ACCOMMODATION REQUEST
(a) Accommodations Review Committee
(1) Creation and Composition
(2) Term
(3) Reimbursement; Compensation
(4) Removal
(b) Procedure for Appeal
(1) Notice of Appeal
(2) Transmittal of Record
(3) Hearing
(4) Report
(c) Exceptions
(d) Proceedings in the Court of Appeals
(e) If No Exceptions Filed
Rule 19-206.
BAR EXAMINATION
(a) Scheduling
(b) Purpose of Examination
(c) Format and Scope of Examination
(d) Grading
Rule 19-207.
NOTICE OF GRADES AND REVIEW PROCEDURE
(a) Notice of Grades; Alteration
(b) Review Procedure
Rule 19-208.
RE-EXAMINATION AFTER FAILURE
(a) Petition for Re-examination
(b) Request for Test Accommodation
(c) Time for Filing
(d) Deferment of Re-examination
(e) Three or More Failures - Re-examination Conditional
(f) No Refunds
Rule 19-209.
REPORT TO COURT – ORDER
(a) Report and Recommendations as to Applicants
(b) Order of Ratification
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(c) Exceptions
(d) Ratification of Board’s Report
Rule 19-210.
REQUIRED ORIENTATION PROGRAM
(a) Appointment of Work Group
(b) Contents of Program
(c) Timing
(d) Duration; Materials; Participation from Remote Location
(e) Participation Requirement
Rule 19-211.
ORDER OF ADMISSION; TIME LIMITATION
(a) Order of Admission
(b) Time Limitation for Taking Oath - Generally
(c) Extension
(d) Consequence of Failure to Take Oath Timely
Rule 19-212.
ELIGIBILITY OF OUT-OF-STATE ATTORNEYS FOR ADMISSION
BY ATTORNEY EXAMINATION
(a) Generally
(b) Required Professional Experience
(c) Practitioner of Law
(d) Duration of Professional Experience
(e) Exceptional Cases
Rule 19-213.
ADMISSION OF OUT-OF-STATE ATTORNEYS BY ATTORNEY
EXAM - PROCEDURE
(a) Petition
(b) Request for Test Accommodation
(c) Refunds
(d) Time for Filing
(e) Standard for Admission and Burden of Proof
(f) Action by Board on Petition
(g) Exceptions
(h) Attorney Examination
(i) Re-examination
(j) Report to Court - Order
(k) Required Orientation Program
(l) Time Limitation for Admission to the Bar
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Rule 19-214.
SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEYS PRO HAC
VICE
(a) Motion for Special Admission
(1) Generally
(2) Where Filed
(3) Other Requirements
(b) Certification by Out-of-State Attorney
(c) Order
(d) Limitations on Out-of-State Attorney’s Practice
Rule 19-215.
SPECIAL AUTHORIZATION FOR OUT-OF-STATE ATTORNEYS
AFFILIATED WITH PROGRAMS PROVIDING LEGAL SERVICES
TO LOW-INCOME INDIVIDUALS
(a) Definition
(b) Eligibility
(c) Proof of Eligibility
(d) Certificate of Authorization to Practice
(e) Automatic Termination
(f) Disciplinary Proceedings in Another Jurisdiction
(g) Revocation or Suspension
(h) Special Authorization not Admission
(i) Rules of Professional Conduct
(j) Reports
Rule 19-216.
SPECIAL AUTHORIZATION FOR MILITARY SPOUSE ATTORNEYS
(a) Definition
(b) Eligibility
(c) Proof of Eligibility
(d) Certificate of Authorization to Practice
(e) Automatic Termination
(1) Cessation of Employment
(2) Change in Status
(f) Disciplinary Proceedings in Another Jurisdiction
(g) Revocation or Suspension
(h) Special Authorization not Admission
(i) Rules of Professional Conduct; Required Payments
(j) Reports
Rule 19-217.
LEGAL ASSISTANCE BY LAW STUDENTS
(a) Definitions
(1) Law School
(2) Clinical Program
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(3) Externship
(4) Supervising Attorney
(b) Eligibility
(c) Certification
(1) Contents and Filing
(2) Withdrawal or Suspension
(d) Practice
Rule 19-218.
ADDITIONAL CONDITIONS PRECEDENT TO THE PRACTICE OF
LAW
Rule 19-219.
SUSPENSION OR REVOCATION OF ADMISSION
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Rule 19-201
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 4. 19-201.
Rule 3.
ELIGIBILITY TO TAKE BAR EXAMINATION
PRE-LEGAL EDUCATION
An applicant for admission must have completed the prelegal education necessary to meet the minimum requirements for
admission to an American Bar Association approved law school.
Source:
(a)
This Rule is new.
Legal Education
(1)
In order to take the bar examination of this State an
individual either shall have graduated or shall be unqualifiedly
eligible for graduation from a law school.
(2)
The law school shall be located in a state and shall be
approved by the American Bar Association.
(a)
Educational Requirements
Subject to section (b) of this Rule, in order to take the
Maryland Bar examination an individual:
(1) shall have completed the pre-legal education necessary to
meet the minimum requirements for admission to a law school
approved by the American Bar Association; and
(2) shall have graduated or be unqualifiedly eligible for
graduation with a juris doctor or equivalent degree from a law
school (A) located in a state and (B) approved by the American
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Rule 19-201
Bar Association.
(b)
Waiver
The Board shall have discretion to may waive the
requirements of subsection (a)(2) of this Rule and of Rule 3 for
any individual an applicant who in the Board’s opinion is
qualified by reason of education, experience, or both to take the
bar examination; and (1) has passed the bar examination of
another state, and is a member in good standing of the Bar of
that state; or , and the Board finds is qualified by reason of
education or experience to take the bar examination; or (2) is
admitted to practice in a jurisdiction that is not defined as a
state by Rule 1 19-101 (i) and has obtained an additional degree
from a law school in Maryland approved by the an American Bar
Association approved law school in Maryland that meets the
requirements prescribed by the Board Rules.
(c)
Minors
If otherwise qualified, an individual applicant who is
under 18 years of age is eligible to take the bar examination but
shall not be admitted to the Bar until 18 years of age.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 5 b.
Section (b) is derived from former Rule 5 c.
Section (c) is derived from former Rule 5 d. from former Rules
3 and 4 of the Rules Governing Admission to the Bar of Maryland
(2016).
REPORTER’S NOTE
Subsection (a)(1) of Rule 19-201 is derived from current
RGAB 3. The remainder of the Rule is derived from current RGAB
4, as amended effective January 1, 2013.
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Rule 19-202
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 2. 19-202.
APPLICATION FOR ADMISSION AND PRELIMINARY
DETERMINATION OF ELIGIBILITY
(a)
By Application
A person An individual who meets the requirements of Rules
3 and 4 Rule 19-201 or had the requirement of Rule 19-201 (a)(2)
waived pursuant to Rule 19-201 (b) may apply for admission to the
Bar of this State by filing with the Board an application for
admission, accompanied by the prescribed fee, with the Board.
Committee note: The application is the first step in the
admission process. These steps include application for
admission, proof of character, proof of graduation from an
approved law school, application to take a particular bar
examination, and passing of that examination.
(b)
Form of Application
The application shall be on a form prescribed by the Board
and shall be under oath.
The form shall elicit the information
the Board considers appropriate concerning the applicant's
character, education, and eligibility to become a candidate for
admission an applicant.
The application shall require the
applicant to provide the applicant’s Social Security number and
shall include an authorization for to release of confidential
information pertaining to the applicant’s character and fitness
for the practice of law to a Character Committee, the Board, and
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Rule 19-202
the Court.
(c)
(1)
Time for Filing
Without Intent to Take Particular Examination
At any time after the completion of pre-legal studies, a
person an individual may file an application for the purpose of
determining to determine whether there are any existing
impediments, including reasons pertaining to the individual’s
character and the sufficiency of pre-legal education, to the
applicant's qualifications for admission.
Committee note: Subsection (c)(1) of this Rule is particularly
intended to encourage persons whose eligibility may be in
question for reasons pertaining to character and sufficiency of
pre-legal education to seek early review by the Character
Committee and Board.
(2)
With Intent to Take Particular Examination
An applicant who intends to take the examination in July
shall file the application no later than the preceding January 16
or, upon payment of the required late fee, no later than the
preceding May 20.
An applicant who intends to take the
examination in February shall file the application no later than
the preceding September 15 or, upon payment of the required late
fee, no later than the preceding December 20.
(3)
Acceptance of Late Application
Upon written request of the applicant and for good cause
shown, the Board may accept an application filed after the
applicable deadline for a late filing prescribed in subsection
(c)(2) of this Rule.
If the applicant intends to take a
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Rule 19-202
particular bar examination, the applicant shall also show good
cause under Rule 19-204 (c) for late filing of a petition.
If
the Board rejects the application for lack of good cause for the
untimeliness, the applicant may file an exception with the Court
within five business days after notice of the rejection is
mailed.
(d)
Preliminary Determination of Eligibility
On receipt of an application, the Board shall determine
whether the applicant has met the pre-legal education
requirements set forth in Rule 3 19-201 (a) and in Code, Business
Occupations and Professions Article, §10-207.
If the Board
concludes that the requirements have been met, it shall forward
the character questionnaire portion of the application to a
Character Committee.
If the Board concludes that the
requirements have not been met, it shall promptly notify the
applicant in writing.
(e) Updated Application
If an application has been pending for more than three
years since the date of the applicant’s most recent application
or updated application, the applicant shall file with the Board
an updated application prior to filing a petition to take a
scheduled examination.
The updated application shall be under
oath, filed on the form prescribed by the Board, and accompanied
by the prescribed fee.
(e) (f) Withdrawal of Application
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Rule 19-202
At any time, an applicant may withdraw as a candidate for
admission an application by filing with the Board written notice
of withdrawal with the Board.
No fees will be refunded.
(f) (g) Subsequent Application
A person An applicant who reapplies for admission after an
earlier application has been withdrawn or rejected pursuant to
Rule 5 19-203 must retake and pass the bar examination even if
the person applicant passed the examination when the earlier
application was pending.
If the person applicant failed the
examination when the earlier application was pending, the failure
will shall be counted under Rule 9 19-208.
Source: This Rule is derived as follows:
Section (a) is in part derived from the first sentence of
former Rule 2 b and in part new.
Section (b) is new.
Section (c) is derived from former Rule 2 a, 2 b, and f.
Section (d) is in part derived from former Rule 2 g and in part
new.
Section (e) is derived from former Rule 2 h.
Section (f) is new. from former Rule 2 of the Rules Governing
Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-202 is derived from current RGAB 2 with some
changes. The Committee note following current Rule 2 (a) is
deleted as superfluous. The Committee note following current
Rule 2 (c) is deleted, but the examples of “impediments” are
added to the text of the Rule.
In subsection (c)(2), the concept of a deadline followed by
a “late” deadline is replaced by one deadline per examination.
The reference to lack of good cause for untimeliness is
added to subsection (c)(3) for clarity, and to distinguish this
rejection from any other rejection of an application. The time
for filing an exception is clarified to read, “within five
business days after notice of the rejection is mailed.”
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Rule 19-202
Section (e) is new. It requires the applicant to file an
updated application if the applicant’s most recent application
has been pending for more than three years.
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Rule 19-203
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 5. 19-203.
(b) (a)
(1)
CHARACTER REVIEW
Investigation and Report of Character Committee
On receipt of a character questionnaire forwarded by the
Board pursuant to Rule 2 19-202 (d), the Character Committee
shall (A) through one of its members, personally interview the
applicant, (B) verify the facts stated in the questionnaire,
contact the applicant's references, and make any further
investigation it finds necessary or desirable, (C) evaluate the
applicant's character and fitness for the practice of law, and
(D) transmit to the Board a report of its investigation and a
recommendation as to the approval or denial of the application
for admission.
(2)
If the Committee concludes that there may be grounds for
recommending denial of the application, it shall notify the
applicant and schedule a hearing.
The hearing shall be conducted
on the record and the The hearing shall be recorded verbatim by
shorthand, stenotype, mechanical or electronic audio recording
methods, electronic word or text processing methods, or any
combination of those methods.
The applicant shall have the right
to testify, to present witnesses, and to be represented by
counsel an attorney.
A transcript of the hearing shall be
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Rule 19-203
transmitted by the Committee to the Board along with the
Committee's report.
The Committee's report shall set forth
findings of fact on which the recommendation is based and a
statement supporting the conclusion.
The Committee shall mail a
copy of its report to the applicant, and a copy of the hearing
transcript shall be furnished to the applicant upon payment of
reasonable charges costs.
(c) (b)
Hearing by Board
If the Board concludes after review of the Character
Committee's report and the transcript that there may be grounds
for recommending denial of the application, it shall promptly
afford the applicant the opportunity for a hearing on the record
made before the Committee.
In its discretion, the Board, may
permit additional evidence to be submitted.
The Board shall mail
a copy of its report and recommendation to the applicant and the
Committee.
If the Board decides to recommend denial of the
application in its report to the Court, the Board shall first
give the applicant an opportunity to withdraw the application.
If the applicant withdraws the application, the Board shall
retain the records.
Otherwise, it If the applicant elects not to
withdraw the application, the Board shall transmit to the Court a
report of its proceedings and a recommendation as to the approval
or denial of the application together with all papers relating to
the matter.
(d) (c)
Review by Court
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(1)
If the applicant elects not to withdraw the application,
after After the Board submits its report and adverse
recommendation the Court shall require the applicant to show
cause why the application should not be denied.
(2) If the Board recommends approval of the application
contrary to an adverse recommendation by the Character Committee,
within 30 days after the filing of the Board's report, the
Committee may file with the Court exceptions to the Board's
recommendation.
The Committee shall mail copies of its
exceptions to the applicant and the Board.
(3)
Proceedings in the Court under this section (c) of this
Rule shall be on the records record made before the Character
Committee and the Board.
If the Court denies the application,
the Board shall retain the records.
(a) (d)
Burden of Proof
The applicant bears the burden of proving to the Character
Committee, the Board, and the Court the applicant's good moral
character and fitness for the practice of law.
Failure or
refusal to answer fully and candidly any question set forth in
the application or any relevant question asked by a member of the
Character Committee, the Board, or the Court is sufficient cause
for a finding that the applicant has not met this burden.
Committee note: Undocumented immigration status, in itself, does
not preclude admission to the Bar, provided that the applicant
otherwise has demonstrated good moral character and fitness.
(e)
Continuing Review
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Rule 19-203
All applicants remain subject to further Character
Committee and Board review and report until admitted to the Bar.
Source: This Rule is derived as follows:
Section (a) is in part derived from the first sentence of
former Rule 2 d and in part new.
Section (b) is in part derived from former Rule 4 b and in part
new.
Section (c) is in part derived from former Rule 4 c and in part
new.
Section (d) is in part derived from former Rule 4 c and in part
new.
Section (e) is in part derived from former Rule 4 d. from
former Rule 5 of the Rules Governing Admission to the Bar of
Maryland (2016).
REPORTER’S NOTE
Rule 19-203 is derived from current RGAB 5 with style
changes and a clarification of the existing requirement that a
hearing conducted by a Character Committee be on the record
supplemented by any additional evidence that the Board, in its
discretion, may allow. Additionally, a Committee note following
section (d) is added.
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Rule 19-204
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 6. 19-204.
(a)
PETITION TO TAKE A SCHEDULED EXAMINATION
Filing
An applicant may file a petition to take a scheduled bar
examination if (1) the applicant (1) is eligible under Rule 4 19201 to take the bar examination, and (2) the applicant has
applied for admission pursuant to Rule 2 19-202, and (3) the
application has not been withdrawn or rejected pursuant to Rule 5
19-203.
The petition shall be under oath, and shall be filed on
the form prescribed by the Board, and accompanied by the
prescribed fee.
(b)
Request for Test Accommodation
An applicant who seeks a test accommodation under the ADA
for the bar examination shall file with the Board an
"Accommodation Request" on a form prescribed by the Board,
together with any the supporting documentation that the Board
requires.
The form and documentation shall be filed no later
than the deadline stated in section (c) of this Rule for filing a
petition to take a scheduled bar examination.
The Board may
reject an accommodation request that is (1) substantially
incomplete or (2) filed untimely if the untimeliness makes the
granting of the accommodation impracticable.
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Rule 19-204
Committee note: An applicant who may need a test accommodation
is encouraged to file an Accommodation Request as early as
possible.
Cross reference: See Rule 6.1 19-205 for the procedure to appeal
a denial of a request for a test accommodation.
(c)
Time for Filing
A petitioner An applicant who intends to take the
examination in July shall file the petition no later than the
preceding May 20.
A petitioner An applicant who intends to take
the examination in February shall file the petition no later than
the preceding December 20.
Upon written request of a petitioner
an applicant and for good cause shown, the Board may accept a
petition filed after that deadline.
If the Board rejects the
petition for lack of good cause for the untimeliness, the
petitioner applicant may file an exception with the Court within
five business days after notice of the rejection is mailed.
(d)
Affirmation and Verification of Eligibility
The petition to take an examination shall contain a
signed, notarized statement affirming that the petitioner
applicant is eligible to take the examination.
No later than the
first day of September following an examination in July or the
fifteenth day of March following an examination in February, the
petitioner applicant shall cause to be sent to the Office of the
State Board of Law Examiners a an official transcript that
reflects the date of the award to the applicant of a Juris Doctor
degree to the petitioner qualifying degree under Rule 19-201.
(e)
Voiding of Examination Results for Ineligibility
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Rule 19-204
If an applicant who is determined by the Board not to be
eligible under Rule 4 19-201 takes an examination, the
applicant’s petition will shall be deemed invalid and the
applicant’s examination results will shall be voided.
No fees
will shall be refunded.
(f)
Certification by Law School
Promptly following each bar examination, the Board shall
submit a list of petitioners applicants who identified themselves
as graduates of a particular law school and who sat for the most
recent bar examination to the law school for certification of
graduation and good moral character.
Not later than 45 days
after each examination, the law school dean or other authorized
official shall certify to the Board in writing (1) the date of
graduation of each of its graduates on the list or shall state
that the petitioner applicant is unqualifiedly eligible for
graduation at the next commencement exercise, naming the date;
and (2) that each of the petitioners applicants on the list, so
far as is known to that official, has not been guilty of any
criminal or dishonest conduct other than minor traffic offenses
and is of good moral character, except as otherwise noted.
(g)
Refunds
If a petitioner an applicant withdraws the petition or
fails to attend and take the examination, the examination fee
will shall not be refunded except for good cause shown.
The
examination fee may not be applied to a subsequent examination
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Rule 19-204
unless the petitioner applicant is permitted by the Board to
defer taking the examination or the applicant establishes good
cause for the withdrawal or failure to attend.
Source: This Rule is new, except that section (a) is derived
from former Rule 5 (a) derived from former Rule 6 of the Rules
Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Amendments to current Rules 6 and 9 of the Rules Governing
Admission to the Bar of Maryland were proposed at the request of
the State Board of Law Examiners.
To allow the Board sufficient time to process a petition to
take an examination, in light of increases in the number of
applicants and the number of requests for accommodation under the
Americans With Disabilities Act, the time for filing the petition
was changed from 20 days before the scheduled examination to no
later than the preceding May 20th for the July examination or the
preceding December 20th for a February examination. A sentence
permitting the Board to reject an incomplete or untimely request
is added.
In section (c), the time for filing an exceptions is
clarified to read, “within five business days after notice of the
rejection is mailed.”
The requirement set forth in current Rule 6 (f) that a
certain certification by the applicant’s law school be included
in the petition was deleted. In its place were added new
sections (d) and (e). New section (d) requires the applicant to
affirm the applicant’s eligibility to take the examination and
provide an official law school transcript to the Board within a
certain time after the examination. New section (e) voids the
examination results of any applicant who is found to have been
ineligible to take the examination.
In section (g), Refunds, a provision pertaining to good
cause for withdrawal of the petition or failure to attend the
examination is added.
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-205
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 6.1. 19-205.
APPEAL OF DENIAL OF ADA TEST ACCOMMODATION
REQUEST
(a)
Definition
In this Rule, "applicant" includes a petitioner under Rule
13 who seeks a test accommodation under the ADA for the attorney
examination.
(b) (a) Accommodations Review Committee
(1)
Creation and Composition
There is an Accommodations Review Committee that shall
consist of nine members appointed by the Court of Appeals.
Six
members shall be lawyers attorneys admitted to practice in
Maryland who are not members of the Board.
not be lawyers attorneys.
Three members shall
Each non-lawyer non-attorney member
shall be a licensed psychologist or physician who, during the
member's term, does not serve the Board as a consultant or in any
capacity other than as a member of the Committee.
The Court
shall designate one lawyer member attorney as Chair of the
Committee and one lawyer member attorney as the Vice Chair.
In
the absence or disability of the Chair or upon express delegation
of authority by the Chair, the Vice Chair shall have the
authority and perform the duties of the Chair.
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Rule 19-205
(2)
Term
Subject to subsection (b)(4) (a)(4) of this Rule, the
term of each member is five years.
A member may serve more than
one term.
(3)
Reimbursement; Compensation
A member is entitled to reimbursement for expenses
reasonably incurred in the performance of official duties in
accordance with standard State travel regulations.
In addition,
the Court may provide compensation for the members.
(4)
Removal
The Court of Appeals may remove a member of the
Accommodations Review Committee at any time.
(c) (b) Procedure for Appeal
(1)
Notice of Appeal
An applicant whose request for a test accommodation
pursuant to the ADA is denied in whole or in part by the Board
may note an appeal to the Accommodations Review Committee by
filing a Notice of Appeal with the Board.
Committee note: It is likely that an appeal may not be resolved
before the date of the scheduled bar examination that the
applicant has petitioned to take. No applicant "has the right to
take a particular bar examination at a particular time, nor to be
admitted to the bar at any particular time." Application of
Kimmer, 392 Md. 251, 272 (2006). After an appeal has been
resolved, the applicant may file a timely petition to take a
later scheduled bar examination with the accommodation, if any,
granted as a result of the appeal process.
(2)
Transmittal of Record
Upon receiving a notice of appeal, the Board promptly
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Rule 19-205
shall (A) transmit to the Chair of the Accommodations Review
Committee a copy of the applicant's request for a test
accommodation, all documentation submitted in support of the
request, the report of each expert retained by the Board to
analyze the applicant's request, and the Board's letter denying
the request and (B) mail to the applicant notice of the
transmittal and a copy of each report of an expert retained by
the Board.
(3)
Hearing
The Chair of the Accommodations Review Committee shall
appoint a panel of the Committee, consisting of two lawyers
attorneys and one non-lawyer non-attorney, to hold a hearing at
which the applicant and the Board have the right to present
witnesses and documentary evidence and be represented by counsel
an attorney.
In the interest of justice, the panel may decline
to require strict application of the Rules in Title 5, other than
those relating to the competency of witnesses.
shall be respected.
Lawful privileges
The hearing shall be recorded verbatim by
shorthand, stenotype, mechanical, or electronic audio recording
methods, electronic word or text processing methods, or any
combination of those methods.
(4)
Report
The panel shall (A) file with the Board a report
containing its recommendation, the reasons for the
recommendation, and findings of fact upon which the
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Rule 19-205
recommendation is based, (B) mail a copy of its report to the
applicant, and (C) provide a copy of the report to the Chair of
the Committee.
(d) (c) Exceptions
Within 30 days after the report of the panel is filed with
the Board, the applicant or the Board may file with the Chair of
the Committee exceptions to the recommendation and shall mail a
copy of the exceptions to the other party.
Upon receiving the
exceptions, the Chair shall cause to be prepared a transcript of
the proceedings and transmit to the Court of Appeals the record
of the proceedings, which shall include the transcript and the
exceptions.
The Chair shall notify the applicant and the Board
of the transmittal to the Court and provide to each party a copy
of the transcript.
(e) (d) Proceedings in the Court of Appeals
Proceedings in the Court of Appeals shall be on the record
made before the panel.
The Court shall require the party who
filed exceptions to show cause why the exceptions should not be
denied.
(f) (e) If No Exceptions Filed
If no exceptions pursuant to section (d) (c) of this Rule
are timely filed, no transcript of the proceedings before the
panel shall be prepared, the panel shall transmit its record to
the Board, and the Board shall provide the test accommodation, if
any, recommended by the panel.
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Rule 19-205
Source: This Rule is new derived from former Rule 6.1 of the
Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-205 is derived from current RGAB 6.1 with style
changes.
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Rule 19-206
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 7. 19-206.
(a)
BAR EXAMINATION
Scheduling
The Board shall administer a written examination twice
annually, once in February and once in July.
shall be held on two successive days.
The examination
The total duration of the
examination shall be not more than 12 hours nor less than nine
hours, unless extended at the applicant’s request pursuant to
Rules 19-204 and 19-205.
At least 30 days before an examination,
The the Board shall publish and have posted on the Judiciary
website notice of the dates, times, and place or places of the
examination no later than the preceding December 1 for the
February examination and no later than the preceding May 1 for
the July examination.
(b)
Purpose of Examination
The purpose of the bar examination is to enable applicants
to demonstrate their capacity to achieve mastery of foundational
legal doctrines, proficiency in fundamental legal skills, and
competence in applying both to solve legal problems consistent
with the highest ethical standards.
It is the policy of the
Court that no quota of successful examiners applicants be set,
but that each examinee applicant be judged for fitness to be a
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member of the Bar as demonstrated by the examination answers.
To
this end, the examination shall be designed to test the
examinee’s knowledge of legal principles in the subjects on which
examined and the examinee’s ability to recognize, analyze, and
intelligibly discuss legal problems and to apply that knowledge
in reasoning their solution.
The examination will not be
designed primarily to test information, memory, or experience.
(c)
Format and Scope of Examination
The Board shall prepare the examination and may adopt the
MBE and the MPT as part of it.
essay test.
The examination shall include an
The Board shall define by rule the subject matter of
the essay test, but the essay test shall include at least one
question dealing in whole or in part with professional conduct.
(d)
(1)
Grading
The Board shall grade the examination and, shall by
rule, shall establish a passing grades for the examination.
The
Board, by rule, may provide by rule that an examinee applicant
may satisfy the MBE part of the Maryland examination requirement
by applying a grade on an MBE taken in another jurisdiction state
at the same examination.
(2)
At any time before it notifies examinees notifying
applicants of the results, the Board, in its discretion and in
the interest of fairness, may lower, but not raise, the passing
grades it has established for any particular administration of
the examination.
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Rule 19-206
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 7 a, and b.
Section (b) is derived from former Rule 7 c.
Section (c) is derived from former Rule 7 d and e.
Section (d) is derived from former Rule 7 e. from former Rule
7 of the Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-206 is derived from current RGAB 7 with style
changes. Section (b), Purpose of Examination, is revised in
accordance with Recommendation 8 of the Professionalism Center
Bar Admission Task Force.
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Rule 19-207
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 8. 19-207.
NOTICE OF GRADES AND REVIEW PROCEDURE
(a) Notice of Grades; Alteration
Notice The Board shall send notice of examination results
shall be sent to each examinee applicant by regular mail, postage
prepaid.
Successful examinees applicants shall be notified only
that they have passed.
Unsuccessful examinees applicants shall
be given their grades in the detail the Board considers
appropriate.
Thereafter, the Board may not alter any examinee's
applicant’s grades except when necessary to correct a clerical
error.
(b) Review Procedure
On written request filed with the Board within 60 days
after the mailing date of the examination results are mailed,
unsuccessful examinees applicants, in accordance with the
procedures prescribed by the Board, may (1) review their essay
test answers books and the Board's analysis for the essay test,
(2) review their MPT answer books, (3) order the National
Conference of Bar Examiners' MPT Point Sheet and Grading
Guidelines, and (4) upon payment of the required costs, obtain
confirmation of their MBE scores.
will shall be permitted.
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No further review of the MBE
Rule 19-207
Source: This Rule is derived as follows:
Section (a) is derived in part from former Rule 7 f and in part
new.
Section (b) is derived from former Rule 8 b. from former Rule 8
of the Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-207 is derived from current RGAB 8 with style
changes.
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-208
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 9. 19-208.
(a)
RE-EXAMINATION AFTER FAILURE
Petition for Re-examination
An unsuccessful examinee applicant may file a petition to
take another scheduled examination.
The petition shall be on the
form prescribed by the Board and shall be accompanied by the
required examination fee.
(b)
Request for Test Accommodation
An applicant who seeks a test accommodation under the ADA
for the bar examination shall file with the Board an
"Accommodation Request" on a form prescribed by the Board,
together with any supporting documentation that the Board
requires.
The form and documentation shall be filed no later
than the deadline stated in section (c) of this Rule for filing a
petition to take a scheduled bar examination.
Committee note: An applicant who may need a test accommodation
is encouraged to file an Accommodation Request as early as
possible.
Cross reference: See Rule 6.1 19-205 for the procedure to appeal
a denial of a request for a test accommodation.
(c)
Time for Filing
A petitioner An applicant who intends to take the July
examination shall file the petition, together with the prescribed
fee, no later than the preceding May 20.
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A petitioner An
Rule 19-208
applicant who intends to take the examination in February shall
file the petition, together with the prescribed fee, no later
than the preceding December 20.
Upon written request of a
petitioner an applicant and for good cause shown, the Board may
accept a petition filed after that deadline.
If the Board
rejects the petition for lack of good cause for the untimeliness,
the petitioner applicant may file an exception with the Court
within five business days after notice of the rejection is
mailed.
(d)
Deferment of Re-examination
To meet scheduling needs at either the July or the
February examination, the Board may require a petitioner an
applicant to defer re-examination for one setting sitting.
(e)
Three or More Failures - Re-examination Conditional
If a person an applicant fails three or more examinations,
the Board may condition retaking of the examination on the
successful completion of specified additional study.
(f)
No Refunds
If a petitioner an applicant withdraws the petition or
fails to attend and take the examination, the examination fee
will shall not be refunded and except for good cause shown.
The
examination fee may not be applied to a subsequent examination
unless the petitioner applicant is required by the Board to defer
retaking the examination or establishes good cause for the
withdrawal or failure to attend.
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-208
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 8 a.
Section (b) is new.
Sections (c) and (d) are derived from former Rule 8 c. from
former Rule 9 of the Rules Governing Admission to the Bar of
Maryland (2016).
REPORTER’S NOTE
See the Reporter’s note to Rule 19-204. The style of
section (f) is conformed to the style of Rule 19-204 (e).
Section (c) contains the addition of the “for lack of good cause
for the untimeliness” standard that also appears in Rules 19-204
and 19-207. Also in section (c), the time for filing an
exception is clarified to read, “within five business days after
notice of the rejection is mailed.”
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-209
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 10. 19-209.
(a)
REPORT TO COURT - ORDER
Report and Recommendations as to Candidates Applicants
As soon as practicable after each examination, the Board
shall file with the Court a report containing (1) the names of
the candidates applicants who successfully completed the bar
examination and (2) the Board's recommendation for admission.
The Board’s recommendation with respect to each candidate
applicant shall be conditioned on the outcome of any character
proceedings relating to that candidate applicant and satisfaction
of the requirement of Rule 11 19-210.
(b)
Order of Ratification
On receipt of the Board’s report, the Court shall enter an
order fixing a date at least 30 days after the filing of the
report for ratification of the Board’s recommendations.
The
order shall include the names and addresses of all persons
applicants who are recommended for admission, including those who
are conditionally recommended.
The order shall state generally
that all recommendations are conditioned on character approval
and satisfaction of the requirement of Rule 11 19-210, but shall
not identify those persons applicants as to whom proceedings are
still pending.
The order shall be published in the Maryland
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Rule 19-209
Register at least once before ratification of the Board’s
recommendations posted on the Judiciary website no later than 5
days after the date of the order and remain on the website until
ratification.
(c)
Exceptions
Before ratification of the Board’s report, any person may
file with the Court exceptions relating to any relevant matter.
For good cause shown, the Court may permit the filing of
exceptions after ratification of the Board's report and before
the candidate’s applicant’s admission to the Bar.
The Court
shall give notice of the filing of exceptions to (1) the
candidate applicant, (2) the Board, and (3) the Character
Committee that passed on the candidate’s applicant’s application.
A hearing on the exceptions shall be held to allow the exceptant
and person filing exceptions, the candidate applicant, the Board,
and, if an exception involves an issue of character, the
Character Committee to present evidence in support of or in
opposition to the exceptions and the Board and, if the exception
involves an issue of character, the Character Committee to be
heard.
The Court may hold the hearing or may refer the
exceptions to the Board, the Character Committee, or an examiner
for hearing.
The Board, Character Committee, or examiner hearing
the exceptions shall file with the Court, as soon as practicable
after the hearing, a report of the proceedings.
decide the exceptions without further hearing.
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The Court may
Rule 19-209
(d)
Ratification of Board’s Report
On expiration of the time fixed in the order entered
pursuant to section (b) of this Rule, the Board’s report and
recommendations shall be ratified subject to the conditions
stated in the recommendations and to any exceptions noted under
section (c) of this Rule.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 11.
Section (b) is derived from former Rule 12 a.
Section (c) is derived from former Rule 12 b.
Section (d) is derived from former Rule 12 c. from former Rule
10 of the Rules Governing Admission to the Bar of Maryland
(2016).
REPORTER’S NOTE
Rule 19-209 is derived from current Rule RGAB 10 and
contains style changes only, except that in section (b), posting
on the Judiciary website replaces publication in the Maryland
Register.
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MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 11. 19-210.
REQUIRED ORIENTATION PROGRAM
(a) Appointment of Work Group
The Court of Appeals shall appoint a work group of not more
than seven individuals to develop and present to the Court for
its approval an orientation program for effectively informing
candidates applicants of certain core requirements, established
by Rules of the Court or other law, for engaging in the practice
of law in Maryland.
(b) Contents of Program
The program shall include information regarding (1)
reporting requirements established by Rules of the Court, (2)
obligations to the Client Protection Fund and the Disciplinary
Fund established by Rule or statute, (3) Rules governing attorney
trust accounts and the handling of client funds and papers, and
(4) the Rules of Professional Conduct regarding competence, scope
of representation, diligence, communications with clients, fees,
confidentiality, conflicts of interest, declining representation,
meritorious claims, candor toward tribunals, and law firms.
(c) Timing
The program shall be given at the times and for the periods
directed by the Court.
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(d) Duration; Materials; Participation from Remote Location
The program shall not exceed three hours in duration.
It
may include the provision of written materials distributed in a
manner determined by the Court but, to the extent practicable, it
shall be given in electronic form, so that a candidate an
applicant may participate from a remote location, subject to
appropriate verification of the candidate’s applicant’s actual
participation.
(e) Participation Requirement
Commencing June 1, 2016, a candidate an applicant may not
be admitted to the Bar unless (1) prior to admission, the
candidate applicant has produced evidence satisfactory to the
Board that the candidate applicant satisfactorily participated in
the program, or (2) the candidate applicant has been excused from
that requirement by Order of the Court of Appeals.
Committee note: The purpose of the orientation program is to
assure that newly admitted attorneys are familiar with core
requirements for practicing law in Maryland, the violation of
which may result in their authority to practice law being
suspended or revoked. The program is not intended to take the
place of broader programs on professionalism offered by law
schools, bar associations, and other entities, in which the Court
of Appeals strongly encourages all attorneys to participate.
Source: This Rule is new derived from former Rule 11 of the
Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
This Rule carries forward the revisions to RGAB 11 that were
adopted effective January 1, 2016, with stylistic changes.
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Rule 19-211
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 12. 19-211.
ORDER OF ADMISSION; TIME LIMITATION
(a) Order of Admission
When the Court has determined that a candidate an applicant
is qualified to practice law and is of good moral character, it
shall enter an order directing that the candidate applicant be
admitted to the Bar on taking the oath required by law.
(b) Time Limitation for Taking Oath - Generally
A candidate An applicant who has passed the Maryland Bar
examination may not take the oath of admission to the Bar later
than 24 months after the date that the Court of Appeals ratified
the Board's report for that examination.
(c) Extension
For good cause, the Board may extend the time for taking
the oath, but the candidate’s applicant’s failure to take action
to satisfy admission requirements does not constitute good cause.
(d) Consequence of Failure to Take Oath Timely
A candidate An applicant who fails to take the oath within
the required time period shall reapply for admission and retake
the bar examination, unless excused by the Court.
Cross reference: See Code, Business Occupations and Professions
Article, §10-212, for form of oath. See also section (a) of
Maryland Rule 16-811.5 (Obligation of Attorneys) and Maryland
Rule 16-714 (Disciplinary Fund), which require persons admitted
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to the Maryland Bar, as a condition precedent to the practice of
law in this State, to pay an annual assessment to the Client
Protection Fund of the Bar of Maryland and the Attorney Grievance
Commission Disciplinary Fund.
Source: This Rule is in part derived from former Rule 13 and is
in part new derived from former Rule 12 of the Rules Governing
Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
The Rules Committee recommends that the “conditions
precedent” be referred to in a separate Rule rather than a cross
reference. See proposed new Rule 19-218, infra.
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Rule 19-212
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 13. 19-212.
ELIGIBILITY OF OUT-OF-STATE ATTORNEYS FOR
ADMISSION BY ATTORNEY EXAMINATION
(a)
Eligibility for Admission by Attorney Examination -
Generally
A person An individual is eligible for admission to the
Bar of this State under this Rule if the person individual:
(1) is a member of the Bar of a state;
(2) has passed a written bar examination in a state or is
admitted to a state bar by diploma privilege after graduating
from a law school accredited by the American Bar Association;
(3) has the professional experience required by this Rule;
(4) successfully completes the attorney examination
prescribed by this Rule 19-213; and
(5) possesses the good moral character and fitness necessary
for the practice of law.
(b)
Required Professional Experience
The professional experience required for admission under
this Rule shall be on a full time basis as (1) a practitioner of
law as provided in section (c) of this Rule; (2) a teacher of law
at a law school approved accredited by the American Bar
Association; (3) a judge of a court of record in a state; or (4)
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a combination thereof.
(c)
Practitioner of Law
(1) Subject to paragraphs subsections (c)(2) and (3) of this
section Rule, a practitioner of law is a person an individual who
has regularly engaged in the authorized practice of law:
(A) in a state;
(B) as the principal means of earning a livelihood; and
(C) whose professional experience and responsibilities have
been sufficient to satisfy the Board that the petitioner
individual should be admitted under this Rule and Rule 19-213.
(2) As evidence of the requisite professional experience, for
purposes of subsection (c)(1)(C) of this Rule, the Board may
consider, among other things:
(A) the extent of the petitioner’s individual’s experience
in general the practice of law;
(B) the petitioner’s individual’s professional duties and
responsibilities, the extent of contacts with and responsibility
to clients or other beneficiaries of the petitioner's
individual’s
professional skills, the extent of professional
contacts with practicing lawyers attorneys and judges, and the
petitioner’s individual’s professional reputation among those
lawyers attorneys and judges; and
(C) if the petitioner is or has been a specialist, the
extent of the petitioner’s experience and reputation for
competence in such specialty, and any professional articles or
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treatises that the petitioner individual has written.
(3) The Board may consider as the equivalent of practice of
law in a state practice outside the United States if the Board
concludes that the nature of the practice makes it the functional
equivalent of practice within a state.
(d)
Duration of Professional Experience
(1) A person An individual shall have the professional
experience required by section (b) of this Rule for (A) a total
of ten years, or (B) at least five of the ten years immediately
preceding the filing of a petition pursuant to this Rule 19-213.
(e)
Exceptional Cases
In exceptional cases, the Board may treat a petitioner's
an individual’s actual experience, although not meeting the
literal requirements of subsections (c)(1) or section (d) of this
Rule, as the equivalent of the professional experience otherwise
required by this Rule.
Cross reference: See also section (a) of Maryland Rule 16-811.5
(Obligation of Attorneys) and Maryland Rule 16-714 (Disciplinary
Fund) which require persons admitted to the Maryland Bar, as a
condition precedent to the practice of law in this State, to pay
an annual assessment to the Client Protection Fund of the Bar of
Maryland and the Attorney Grievance Commission Disciplinary Fund.
Source: This Rule is derived in part from former Rule 14 and is
in part new from sections (a) through (e) of former Rule 13 of
the Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-212 is derived from sections (a) through (e) of
current Rule 13 of the Rules Governing Admission to the Bar.
Rule 13 (a)(2) contains a provision that an out-of-state
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attorney who seeks admission to the Maryland Bar may take the
attorney examination, rather than the regular bar examination, if
the individual has passed a written bar examination in another
state. Some attorneys from Wisconsin who wish to be admitted to
the Maryland Bar contend that this provision discriminates
against them because, in Wisconsin, an individual who has
graduated from an A.B.A.-accredited law school in that state may
be admitted to the Wisconsin Bar under “diploma privilege,”
without taking a written bar examination. The State Board of Law
Examiners has considered this matter and has approved the
proposed addition of language to Rule 19-212 to allow out-ofstate attorneys who have graduated from an A.B.A.-accredited law
school and were admitted to the Bar of another state pursuant to
“diploma privilege” in that state to be eligible to take the
attorneys examination, rather than the regular bar examination.
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Rule 19-213
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 13. 19-213.
ADMISSION OF OUT-OF-STATE ATTORNEYS BY ATTORNEY
EXAM - PROCEDURE
(f) (a)
Petition
(1) The petitioner An individual eligible pursuant to Rule
19-212 shall file with the Board a petition under oath on a form
prescribed by the Board, accompanied by the fees required by the
Board and the costs assessed for the character and fitness
investigation and report by the National Conference of Bar
Examiners.
(2) The petitioner shall state list (A) each jurisdiction
state in which the petitioner has been admitted to the Bar and
whether each admission was by examination, by diploma privilege
or on motion; and (B) the additional facts showing that the
petitioner meets the requirements of section (a) of this Rule 19212 or should be qualified under section (e) of this Rule 19-212.
(3) The petitioner shall file with the petition the
supporting data required by the Board as to the petitioner's
professional experience, character, and fitness to practice law.
(4) The petitioner shall be under a continuing obligation to
report to the Board any material change in information previously
furnished.
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(g) (b)
Request for Test Accommodation
A petitioner who seeks a test accommodation under the ADA
for the attorney examination shall file with the Board an
"Accommodation Request" on a form prescribed by the Board,
together with any supporting documentation that the Board
requires.
The form and documentation shall be filed no later
than the deadline stated in section (i) (d) of this Rule for
filing a petition to take a scheduled attorney examination.
Committee note: A petitioner who may need a test accommodation
is encouraged to file an Accommodation Request as early as
possible.
Cross reference: See Rule 6.1 19-205 for the procedure to appeal
a denial of a request for a test accommodation.
(h) (c)
Refunds
If the Board determines on the face of the petition that
the applicant petitioner is not qualified to sit for the
attorney’s examination and the petitioner elects to withdraw the
petition without further proceedings, all fees shall be refunded.
If, in other circumstances, a petitioner withdraws the petition
or fails to attend and take the examination without permission
from the Board, no fees will shall be refunded and the
examination fee may not be applied to a subsequent examination
unless the petitioner establishes good cause for the withdrawal
or failure to attend.
(i) (d)
Time for Filing
The petition shall be filed at least 60 days before the
scheduled attorney examination that the petitioner wishes to
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take.
On written request of the petitioner and for good cause
shown, the Board may accept a petition filed after the deadline.
If the Board rejects the petition for lack of good cause for the
untimeliness, the petitioner may file an exception with the Court
within five business days after notice of the rejection is
mailed.
Cross reference:
(j) (e)
See Board Rule 2.
Standard for Admission and Burden of Proof
(1) The petitioner bears the burden of proving to the Board
and the Court that the petitioner is qualified on the basis of
professional experience and possesses the good moral character
and fitness necessary to practice law in this State.
(2) If the petitioner does not meet the burden of proof, the
Board shall recommend rejection of a the petition if it is not
satisfied that the petitioner possesses good moral character and
fitness and that the contents of the petition are true and
correct.
Failure or refusal to answer fully and candidly any
relevant questions asked by the Board, either orally or in
writing, is sufficient cause for rejection of the petition.
(k) (f)
Action by Board on Petition
The Board shall investigate the matters set forth in the
petition.
(1) If the Board decides that the petition should be
accepted, it shall mail to the petitioner notice of its decision
to recommend acceptance of the petition to the petitioner.
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(2) If the Board concludes that there may be grounds for
rejecting the petition, the Board shall notify the petitioner and
shall afford the petitioner an opportunity for a hearing. The
hearing will shall not be held until after the National
Conference of Bar Examiners completes its investigation of the
petitioner's character and fitness to practice law and reports to
the Board.
The petitioner may be represented by an attorney at
the hearing.
Promptly after the Board makes its final decision
to recommend acceptance or rejection of the petition, the Board
shall mail notice of its decision to the petitioner.
(3) If the Board decides to recommend rejection of the
petition, it shall file with the Court a report of its decision
and all papers relating to the matter.
(l) (g)
Exceptions
Within 30 days after the Board mails notice of its adverse
decision to the petitioner, the petitioner may file with the
Court exceptions to the Board’s decision.
The petitioner shall
mail or deliver to the Board a copy of the exceptions.
The Court
may hear the exceptions or may appoint an examiner to hear the
evidence and shall afford the Board an opportunity to be heard on
the exceptions.
(m) (h)
Attorney Examination
In order to be admitted to the Maryland Bar, The the
petitioner must shall pass an attorney examination prescribed by
the Board.
The Board, by rule, shall define, by rule, the
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subject matter of the examination, prepare the examination, and
establish the passing grade.
The Board shall administer the
attorney examination on a date and at a time during the
administration of the regular examination pursuant to Rule 7 19206 and shall publish at least 30 days in advance notice of the
date and time of the examination.
The Board shall grade the
examination and shall send notice of examination results to each
examinee petitioner by regular first-class mail, postage prepaid.
Successful examinees petitioners shall be notified only that they
have passed.
Unsuccessful examinees petitioners shall be given
their grades in the detail the Board considers appropriate.
Thereafter, the Board may not alter any petitioner’s grades
except to correct a clerical error.
Review by unsuccessful
examinees petitioners shall be in accordance with the provisions
of Rule 8 19-207 (b).
(n) (i)
Re-examination
In the event of failure on the first attorney examination,
a petitioner may file a petition to retake the examination, but a
petitioner may not be admitted under this Rule after failing four
examinations.
A petition for re-examination shall be accompanied
by the required fees.
Failure to pass the attorney examination
shall not preclude any person individual from taking the regular
examination.
(o) (j)
Report to Court - Order
The Board shall file a report and recommendations pursuant
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to Rule 10 19-209.
Proceedings on the report, including the
disposition of any exceptions filed, shall be as prescribed in
that Rule.
If the Court determines that the petitioner has met
all the requirements of this Rule, it shall enter an order
directing that the petitioner be admitted to the Bar of Maryland
on taking the oath required by law.
(p) (k)
Required Orientation Program
A petitioner recommended for admission pursuant to section
(n) (j) of this Rule shall comply with Rule 11 19-210.
(q) (l)
Time Limitation for Admission to the Bar
A petitioner under this Rule is subject to the time
limitation of Rule 12 19-211.
Cross reference: See Code, Business Occupations and Professions
Article, §10-212, for the form of oath.
Source: This Rule is derived in part from former Rule 14 and is
in part new from sections (f) through (q) of former Rule 13 of
the Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-213 is derived from sections (f) through (q) of
current RGAB 13 with style changes. Section (d) contains the
addition of the same standard that was added to Rules 19-204 and
19-208 for the Board to reject a petition to take the attorney
examination. Also in section (d), the time for filing an
exception is clarified to read, “within five business days after
notice of the rejection is mailed.” In section (h), a sentence
is added to conform to parallel procedures for the general bar
examination contained in Rule 19-207 (a). In section (k), a
required orientation program replaces the previously required
course on professionalism.
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Rule 19-214
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 14. 19-214.
SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEYS PRO
HAC VICE
(a)
Motion for Special Admission
(1) Generally
A member of the Bar of this State who (A) is an attorney
of record in an action pending (i) in any court of this State, or
(ii) before an administrative agency of this State or any of its
political subdivisions, or (B) is representing a client in an
arbitration taking place in this State involving that involves
the application of Maryland law, may move, in writing, that an
attorney who is a member in good standing of the Bar of another
state be admitted to practice in this State for the limited
purpose of appearing and participating in the action as cocounsel with the movant.
Committee note: “Special admission” is a term equivalent to
“admission pro hac vice.” It should not be confused with
“special authorization” permitted by Rules 19-215 and 19-216.
(2)
Where Filed
(A) If the action is pending in a court, the motion shall
be filed in that court.
(B) If the action is pending before an administrative
agency or arbitration panel, the motion shall be filed in the
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circuit court for the county in which the principal office of the
agency is located or in which the arbitration hearing is located
or in any other circuit court to which the action may be appealed
in which an action for judicial review of the decision of the
agency may be filed.
(C) If the matter is pending before an arbitrator or
arbitration panel, the motion shall be filed in the circuit court
for the county in which the arbitration hearing is to be held or
in any other circuit court in which an action to review an
arbitral award entered by the arbitrator or panel may be filed.
(3) Other Requirements
The motion shall be in writing and shall include the
movant’s signed certification that copies of the motion have been
furnished to served on the agency or the arbitrator or
arbitration panel, and to all parties of record.
Cross reference: For the definition of "arbitration," see Rule
17-102 (b). See Appendix 19-A following Title 19, Chapter 200 of
these Rules for Forms RGAB-14/M 19-A.1 and RGAB/14-O for 19-A.2,
providing the form of a motion and order for the Special
Admission of an out-of-state attorney.
(b)
Certification by Out-of-State Attorney
The attorney whose special admission is moved shall
certify in writing the number of times the attorney has been
specially admitted during the twelve months immediately preceding
the filing of the motion.
The certification may be filed as a
separate paper or may be included in the motion under an
appropriate heading.
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(c)
Order
The court by order may admit specially or deny the special
admission of an attorney.
In either case, the clerk shall
forward a copy of the order to the State Court Administrator, who
shall maintain a docket of all attorneys granted or denied
special admission.
When the order grants or denies the special
admission of an attorney in an action pending before an
administrative agency, the clerk also shall forward a copy of the
order to the agency.
(d)
Limitations on Out-of-State Attorney’s Practice
An attorney specially admitted pursuant to this Rule may
act only as co-counsel for a party represented by an attorney of
record in the action who is admitted to practice in this State.
The specially admitted attorney may participate in the court or
administrative proceedings only when accompanied by the Maryland
attorney, unless the latter’s presence is waived by the judge or
administrative hearing officer presiding over the action.
Any
out-of-state An attorney so specially admitted is subject to the
Maryland Lawyers’ Attorneys’ Rules of Professional Conduct during
the pendency of the action or arbitration.
Cross reference: See Code, Business Occupations and Professions
Article, §10-215.
Committee note: The Committee has not recommended a numerical
limitation on the number of appearances pro hac vice to be
allowed any attorney. Specialized expertise of out-of-state
attorneys or other special circumstances may be important factors
to be considered by judges in assessing whether Maryland
litigants have access to effective representation. This Rule is
not intended, however, to permit extensive or systematic practice
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by attorneys not licensed in Maryland. The Committee is
concerned primarily with ensuring professional responsibility of
attorneys in Maryland by avoiding circumvention of Rule 13 (Outof-State Attorneys) or Kemp Pontiac Cadillac, Inc. et al v. S & M
Construction Co., Inc., 33 Md. App. 516 (1976). The Committee
also noted that payment to the Client Protection Fund of the Bar
of Maryland by an attorney admitted specially for the purposes of
an action is not required by existing statute or rule of court.
This Rule is not intended to permit extensive or systematic
practice by attorneys not admitted in Maryland. Because
specialized expertise or other special circumstances may be
important in a particular case, however, the Committee has not
recommended a numerical limitation on the number of special
admissions to be allowed any out-of-state attorney.
Source: This Rule is derived from former Rule 20 Rule 14 of the
Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-214 contains style changes and a new Committee note
after subsection (a)(1), which clarifies the term “admission pro
hac vice.” Part of the cross reference after subsection (a)(3)
has been deleted as superfluous. The Committee note at the end
of the Rule has been shortened by deleting superfluous language.
Forms RGAB-14/M and RGAB-14/O, providing the form of a motion and
order for the Special Admission of an out-of-state attorney under
Rule 19-214 are renumbered From 19-A.1 and Form 19-A.2,
respectively, and placed in an appendix to Chapter 200 of Title
19 (Appendix 19-A: Forms for Special Admission of Out-of-State
Attorney).
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Rule 19-215
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 15. 19-215.
SPECIAL AUTHORIZATION FOR OUT-OF-STATE
ATTORNEYS AFFILIATED WITH PROGRAMS PROVIDING LEGAL SERVICES TO
LOW-INCOME INDIVIDUALS
(a)
Definition
As used in this Rule, "legal services program" means a
program operated by (1) an entity that provides civil legal
services to low-income individuals in Maryland who meet the
financial eligibility requirements of the Maryland Legal Services
Corporation and is on a list of such programs provided by the
Corporation to the State Court Administrator and posted on the
Judiciary website pursuant to Rule 16-905 19-505; (2) the
Maryland Office of the Public Defender; (3) a clinic offering pro
bono legal services and operating in a courthouse facility; or
(4) a local pro bono committee or bar association affiliated
project that provides pro bono legal services.
(b)
Eligibility
Pursuant to this Rule, a member of the Bar of another
state who is employed by or associated with a legal services
program may practice in this State pursuant to that program if
(1) the individual is a graduate of a law school meeting the
requirements of Rule 4 (a)(2) 19-201 (a)(2) and (2) the
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individual will practice under the supervision of a member of the
Bar of this State.
Cross reference: For the definition of "State," see Rule 1 (i)
of the Rules Governing Admission to the Bar of Maryland 19-101
(i).
(c)
Proof of Eligibility
To obtain authorization to practice under this Rule, the
out-of-state attorney shall file with the Clerk of the Court of
Appeals a written request accompanied by (1) evidence of
graduation from a law school as defined in Rule 4 (a)(2) 19-201
(a)(2), (2) a certificate of the highest court of another state
certifying
that the attorney is a member in good standing of the
Bar of that state, and (3) a statement signed by the Executive
Director of
the legal services program that includes (A) a
certification that the attorney is currently employed by or
associated with the
program, (B) a statement as to whether the
attorney is receiving any compensation other than reimbursement
of reasonable and necessary expenses, and (C) an agreement that,
within ten days after cessation of the attorney's employment or
association, the Executive Director will file the Notice required
by section (e) of this Rule.
(d)
Certificate of Authorization to Practice
Upon the filing of the proof of eligibility required by
this Rule, the Clerk of the Court of Appeals shall issue a
certificate under the seal of the Court certifying that the
attorney is authorized to practice under this Rule, subject to
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the automatic termination provision of section (e) of this Rule.
The certificate shall state (1) the effective date, (2) whether
the attorney (A) is authorized to receive compensation for the
practice of law under this Rule or (B) is authorized to practice
exclusively as a pro bono attorney pursuant to Rule 16-904 19504, and (3) any expiration date of the special authorization to
practice.
If the attorney is receiving compensation for the
practice of law under this Rule, the expiration date shall be no
later than two years after the effective date.
If the attorney
is receiving no compensation other than reimbursement of
reasonable and necessary expenses, no expiration date shall be
stated.
Cross reference: An attorney who intends to practice law in
Maryland for compensation for more than two years should apply
for admission to the Maryland Bar.
(e)
Automatic Termination
Authorization to practice under this Rule is automatically
terminated if the attorney ceases to be employed by or associated
with the legal services program.
Within ten days after cessation
of the attorney's employment or association, the Executive
Director of the legal services program shall file with the Clerk
of the Court of Appeals notice of the termination of
authorization.
(f)
Disciplinary Proceedings in Another Jurisdiction
Promptly upon the filing of a disciplinary proceeding in
another jurisdiction, an attorney authorized to practice under
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this Rule shall notify the Executive Director of the legal
services program of the disciplinary matter.
An attorney
authorized to practice under this Rule who in another
jurisdiction (1) is disbarred, suspended, or otherwise
disciplined, (2) resigns from the bar while disciplinary or
remedial action is threatened or pending in that jurisdiction, or
(3) is placed on inactive status based on incapacity shall inform
Bar Counsel and the Clerk of the Court of Appeals promptly of the
discipline, resignation, or inactive status.
(g)
Revocation or Suspension
At any time, the Court, in its discretion, may revoke or
suspend an attorney's authorization to practice under this Rule
by written notice to the attorney.
By amendment or deletion of
this Rule, the Court may modify, suspend, or revoke the special
authorizations of all out-of-state attorneys issued pursuant to
this Rule.
(h)
Special Authorization not Admission
Out-of-state attorneys authorized to practice under this
Rule are not, and shall not represent themselves to be, members
of the Bar of this State, except in connection with practice that
is authorized under this Rule.
They are required to make
payments to the Client Protection Fund of the Bar of Maryland and
the Disciplinary Fund, except that an attorney who is receiving
no compensation other than reimbursement of reasonable and
necessary expenses is not required to make the payments.
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(i)
Rules of Professional Conduct
An attorney authorized to practice under this Rule is
subject to the Maryland Lawyers' Attorneys’ Rules of Professional
Conduct.
(j)
Reports
Upon request by the Administrative Office of the Courts,
an attorney authorized to practice under this Rule shall timely
file an IOLTA Compliance Report in accordance with Rule 16-608
19-409 and a Pro Bono Legal Service Report in accordance with
Rule 16-903 19-503.
Source: This Rule is in part derived from former Rule 19 and is
in part new 15 of the Rules Governing Admission to the Bar of
Maryland (2016).
REPORTER’S NOTE
Rule 19-215 carries forward the provisions of current RGAB
15.
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-216
MARYLAND RULES OF PROCEDURE
TITLE 19 - ATTORNEYS
CHAPTER 200 - ADMISSION TO THE BAR
Rule 15.1. 19-216.
SPECIAL AUTHORIZATION FOR MILITARY SPOUSE
ATTORNEYS
(a)
Definition
As used in this Rule, a "military spouse attorney" means
an (1) attorney admitted to practice in another state but not
admitted in this State, (2) is married to an active duty service
member of the United States Armed Forces and (3) resides in the
State of Maryland due to the service member's military orders for
a permanent change of station to Maryland or a state contiguous
to Maryland.
Cross reference:
19-101 (i).
(b)
For the definition of "State," see Rule 1 (i)
Eligibility
Subject to the conditions of this Rule, a military spouse
attorney may practice in this State if the individual:
(1) is a graduate of a law school meeting the requirements of
Rule 4 (a)(2) 19-201 (a)(2);
(2) is a member in good standing of the Bar of another state;
(3) will practice under the direct supervision of a member of
the Bar of this State;
(4) has not taken and failed the Maryland Bar examination or
attorney examination;
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(5) has not had an application for admission to the Maryland
Bar or the Bar of any state denied on character or fitness
grounds;
(6) certifies that the individual will comply with the
requirements of Rule 16-811.5 19-605; and
(7) certifies that the individual has read and is familiar
with the Maryland Rules of civil and criminal procedure, the
Maryland Rules of Evidence, and the Maryland Lawyers' Attorneys’
Rules of Professional Conduct, as well as the Maryland laws and
Rules relating to any particular area of law in which the
individual intends to practice.
Cross reference: See Rule 5.1 19-305.1 (5.1) for the
responsibilities of a supervising attorney.
(c)
Proof of Eligibility
To obtain authorization to practice under this Rule, the
military spouse attorney shall file with the Clerk of the Court
of Appeals a written request accompanied by:
(1) evidence of graduation from a law school meeting the
requirements of Rule 4 (a)(2) 19-201 (a)(2);
(2) a list of states where the military spouse attorney is
admitted to practice, together with a certificate of the highest
court of each such state certifying that the attorney is a member
in good standing of the Bar of that state;
(3) a copy of the servicemember's military orders reflecting
a permanent change of station to a military installation in
Maryland or a state contiguous to Maryland;
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(4) a copy of a military identification card that lists the
military spouse attorney as the spouse of the servicemember;
(5) a statement signed by the military spouse attorney
certifying that the military spouse attorney:
(A) resides in Maryland;
(B) has not taken and failed the Maryland Bar examination
or attorney examination;
(C) has not had an application for admission to the
Maryland Bar or the Bar of any state denied on character or
fitness grounds;
(D) will comply with the requirements of Rule 16-811.5 19605; and
(E) has read and is familiar with the Maryland Rules of
civil and criminal procedure, the Maryland Rules of Evidence, and
the Maryland Lawyers' Attorneys’ Rules of Professional Conduct,
as well as the Maryland law and Rules relating to any particular
area of law in which the individual intends to practice; and
(6) a statement signed by the supervising attorney that
includes a certification that (A) the military spouse attorney is
or will be employed by or associated with the supervising
attorney's law firm or the agency or organization that employs
the supervising attorney, and (B) an agreement that within ten
days after cessation of the military spouse attorney's employment
or association, the supervising attorney will file the notice
required by section (e) of this Rule and that the supervising
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attorney will be prepared, if necessary, to assume responsibility
for open client matters that the individual no longer will be
authorized to handle.
(d)
Certificate of Authorization to Practice
Upon the filing of the proof of eligibility required by
this Rule, the Clerk of the Court of Appeals shall issue a
certificate under the seal of the Court certifying that the
attorney is authorized to practice under this Rule for a period
not to exceed two years, subject to the automatic termination
provisions of section (e) of this Rule.
The certificate shall
state the effective date and the expiration date of the special
authorization to practice.
(e)
Automatic Termination
(1) Cessation of Employment
Authorization to practice under this Rule is
automatically terminated upon the earlier of (A) the expiration
of two years from the issuance of the certificate of
authorization, or (B) the expiration of ten days after the
cessation of the military spouse attorney's employment by or
association with the supervising attorney's law firm or the
agency or organization that employs the supervising attorney
unless, within the ten day period, the military spouse attorney
files with the Clerk of the Court of Appeals a statement signed
by another supervising attorney who is a member of the Bar of
this State in compliance with subsection (c)(6) of this Rule.
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Within ten days after cessation of the military spouse attorney's
employment or association, the supervising attorney shall file
with the Clerk of the Court of Appeals notice of the termination
of authorization.
(2) Change in Status
A military spouse attorney's authorization to practice
law under this Rule automatically terminates 30 days after (A)
the servicemember spouse is no longer a member of the United
States Armed Forces, (B) the servicemember and the military
spouse attorney are divorced or their marriage is annulled, or
(C) the servicemember receives a permanent transfer outside
Maryland or a state contiguous to Maryland, except that a
servicemember's assignment to an unaccompanied or remote
assignment does not automatically terminate the military spouse
attorney's authorization, provided that the military spouse
attorney continues to reside in Maryland.
The military spouse
attorney promptly shall notify the Clerk of the Court of Appeals
of any change in status that pursuant to this subsection
terminates the military spouse attorney's authorization to
practice in Maryland.
Committee note: A military spouse attorney who intends to
practice law in Maryland for more than two years should apply for
admission to the Maryland Bar. The bar examination process may
be commenced and completed while the military spouse attorney is
practicing under this Rule.
(f)
Disciplinary Proceedings in Another Jurisdiction
Promptly upon the filing of a disciplinary proceeding in
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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another jurisdiction, a military spouse attorney shall notify the
supervising attorney of the disciplinary matter.
A military
spouse attorney who in another jurisdiction (1) is disbarred,
suspended, or otherwise disciplined, (2) resigns from the bar
while disciplinary or remedial action is threatened or pending in
that jurisdiction, or (3) is placed on inactive status based on
incapacity shall inform Bar Counsel and the Clerk of the Court of
Appeals promptly of the discipline, resignation, or inactive
status.
(g)
Revocation or Suspension
At any time, the Court, in its discretion, may revoke or
suspend a military spouse attorney's authorization to practice
under this Rule by written notice to the attorney.
By amendment
or deletion of this Rule, the Court may modify, suspend, or
revoke the special authorizations of all military spouse
attorneys issued pursuant to this Rule.
(h)
Special Authorization not Admission
Military spouse attorneys authorized to practice under
this Rule are not, and shall not represent themselves to be,
members of the Bar of this State.
(i)
Rules of Professional Conduct; Required Payments
A military spouse attorney authorized to practice under
this Rule is subject to the Maryland Lawyers' Attorneys’ Rules of
Professional Conduct and is required to make payments to the
Client Protection Fund of the Bar of Maryland and the
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Disciplinary Fund.
(j)
Reports
Upon request by the Administrative Office of the Courts, a
military spouse attorney authorized to practice under this Rule
shall timely file an IOLTA Compliance Report in accordance with
Rule 16-608 19-409 and a Pro Bono Legal Service Report in
accordance with Rule 16-903 19-503.
Source: This Rule is new derived from former Rule 15.1 of the
Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-216 carries forward the provisions of current RGAB
15.1.
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-217
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 16. 19-217.
(a)
LEGAL ASSISTANCE BY LAW STUDENTS
Definitions
As used in this Rule, the following terms have the
following meanings:
(1)
Law School
"Law school" means a law school meeting that meets the
requirements of Rule 4 (a)(2) 19-201 (a)(2).
(2)
Clinical Program
"Clinical program" means a law school program for
credit, in which a student obtains experience in the operation of
the legal system by engaging in the practice of law, that is (A)
is under the direction of a faculty member of the school and (B)
has been approved by the Section Council of the Section of Legal
Education and Admission to the Bar of the Maryland State Bar
Association, Inc.
(3) Externship
“Externship” means a field placement for credit in a
government or not-for-profit organization in which a law student
obtains experience in the operation of the legal system by
engaging in the practice of law, that (A) is under the direction
of a faculty member of a law school, (B) is in compliance with
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the applicable American Bar Association standard for study
outside the classroom, (C) has been approved by the Section
Council of the Section of Legal Education and Admission to the
Bar of Maryland State Bar Association, Inc., and (D) is not part
of a clinical program of a law school.
(3) (4) Supervising Attorney
"Supervising attorney" means an attorney who is a member
in good standing of the Bar of this State and whose service as a
supervising attorney for the clinical program or externship is
approved by the dean of the law school in which the law student
is enrolled or by the dean’s designee.
(b)
Eligibility
A law student enrolled in a clinical program or externship
is eligible to engage in the practice of law as provided in this
Rule if the student:
(1) is enrolled in a law school;
(2) has read and is familiar with the Maryland Lawyers’
Attorneys’ Rules of Professional Conduct and the relevant
Maryland Rules of Procedure; and
(3) has been certified in accordance with section (c) of this
Rule.
(c)
(1)
Certification
Contents and Filing
The dean of the law school shall file the certification
of a student with the Clerk of the Court of Appeals.
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Rule 19-217
certification shall state that the student is in good academic
standing and has successfully completed legal studies in the law
school amounting to the equivalent of at least one-third of the
total credit hours required to complete the law school program.
It shall also shall state its effective date and expiration date,
which shall be no later than one year after the effective date.
(2)
Withdrawal or Suspension
The dean may withdraw the certificate certification at
any time by mailing a notice to that effect to the Clerk of the
Court of Appeals.
It The certification shall automatically be
suspended automatically upon the issuance of an unfavorable
report of the Character Committee made in connection with the
student’s application for registration as a candidate for
admission to the Bar.
Upon any reversal of the Character
Committee the unfavorable report, the certification shall be
reinstated.
(d)
Practice
In connection with a clinical program or externship, a law
student for whom a certificate certification is in effect may
appear in any trial court or the Court of Special Appeals, or
before any administrative agency, or and may otherwise engage in
the practice of law in Maryland, provided that the supervising
attorney (1) is satisfied that the student is competent to
perform the duties assigned, (2) assumes responsibility for the
quality of the student’s work, (3) directs and assists the
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student to the extent necessary, in the supervising attorney’s
professional judgment, to ensure that the student’s participation
is effective on behalf of the client the student represents, and
(4) accompanies the student when the student appears in court or
before an administrative agency.
The law student shall neither
ask for nor receive personal compensation of any kind for service
rendered under this Rule, but may receive academic credit
pursuant to the clinical program or externship.
Source: This Rule is derived from former Rule 18 Rule 16 of the
Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-217 is derived from current RGAB 16 and contains
style changes. At the request of the Maryland State Bar
Association’s Section Council for Legal Education and Admission
to the Bar, the Rule is made applicable to “externships” in
addition to “clinical programs.”
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Rule 19-218
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 19-218.
ADDITIONAL CONDITIONS PRECEDENT TO THE PRACTICE OF
LAW
Maryland Rule 16-811 e 19-605 (Client Protection Fund of the
Bar of Maryland - Payments to Fund) (Obligations of Attorneys)
and Maryland Rule 16-714 19-705 (Disciplinary Fund), which
require persons individuals admitted to the Maryland Bar, as a
condition precedent to the practice of law in this State, to pay
an annual assessment to the Client Protection Fund of the Bar of
Maryland and the Attorney Grievance Commission Disciplinary Fund.
Except as otherwise provided in Rule 19-215 (h), out-of-state
attorneys specially authorized to practice pursuant to Rule 19215 and military spouse attorneys specially authorized to
practice pursuant to Rule 19-216 also shall pay the annual
assessments required by Rules 19-605 and 19-705.
Source: This Rule is new but is derived from the cross reference
to former Rule 12 of the Rules Governing Admission to the Bar of
Maryland (2016).
REPORTER’S NOTE
The language added to Rule 19-218 is the substance of the
language of the cross reference to current RGAB 12 with the
addition of specific references to “specially authorized” out-ofstate attorneys and military spouse attorneys.
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Rule 19-219
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 200 – ADMISSION TO THE BAR
Rule 21. 19-219.
SUSPENSION OR REVOCATION OF LICENSE ADMISSION
OF ATTORNEY INELIGIBLE FOR ADMISSION
If an attorney admitted to the Bar of this State is
discovered to have been ineligible for admission under
circumstances that do not warrant disbarment or other
disciplinary proceedings, the Court of Appeals may, upon a
recommendation by the Board and after notice and opportunity to
be heard, may suspend or revoke the attorney’s license admission.
In the case of a suspension, the Court shall specify in its order
the duration of the suspension and the conditions upon which the
suspension may be lifted.
Source: This Rule is new derived from former Rule 21 of the
Rules Governing Admission to the Bar of Maryland (2016).
REPORTER’S NOTE
Rule 19-219 is derived from current RGAB 21 with style
changes.
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 1.
APPLICATION FEES
(a) General Bar Examination
(b) Out-of-State Attorney Examination
Board Rule 2.
FILING LATE FOR GOOD CAUSE
Board Rule 3.
TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH
DISABILITIES ACT
(a) Policy
(b) Requesting Test Accommodations
(c) Review by Board
(1) Initial Review for Sufficiency
(2) Board Determination
(d) Appeal to the Accommodations Review Committee
Board Rule 4.
EXAMINATION – SUBJECT MATTER
Board Rule 5.
EXAMINATION FORMAT, SCORING, AND PASSING STANDARD
(a) Authority
(b) Multistate Bar Examination (MBE)
(c) Written Test: Board’s Essay Test and the Multistate
(d) Combining MBE and Essay Test Scores to Calculate
Total Examination Score
(e) Passing Standard
(f) No Carryover of MBE Score or Essay Score from Prior
Examinations
(g) Recognition of MBE Score Achieved Concurrently in
Another State
(h) Adjustment of Passing Standard
Board Rule 6.
OUT-OF-STATE ATTORNEY EXAMINATION
(a) Subject Matter
(b) Time - Duration
(c) Requirement for Passing
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Board Rule 7.
ELIGIBILITY TO TAKE THE EXAMINATION PURSUANT TO
RULE 19-201 (b)(2)
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Board Rule 1
MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 1.
(a)
APPLICATION FEES
General Bar Examination
(1)
An application filed pursuant to the Court's Bar
Admission Rule 2 19-202 shall be accompanied by a check or money
order payable to the State Board of Law Examiners in the amount
of: $275.
(i) $225 if timely filed, or
(ii) $275 if filed late.
(2) An updated application filed pursuant to Rule 19-202 (e)
shall be accompanied by a check or money order payable to the
State Board of Law Examiners in the amount of $70.
(2) (3) A petition to take a scheduled bar examination
pursuant to the Court's Bar Admission Rule 6 19-204 shall be
accompanied by a check or money order in the amount of $250.
(b)
(1)
Out-of-State Attorney Examination
A petition filed pursuant to the Court's Bar Admission
Rule 13 19-212 shall be accompanied by a check or money order
payable to the State Board of Law Examiners in the amount of $700
and a separate check, money order, or credit card authorization
for the National Conference of Bar Examiners in such the amount
as required to cover the cost of the character and fitness
investigation and report.
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Board Rule 1
(2)
A petition for re-examination filed pursuant to the
Court's Bar Admission Rule 13 19-213 shall be accompanied by a
check or money order payable to the State Board of Law Examiners
in the amount of $250.
(c)
Effective Date
The fees prescribed in sections a. and b. of this Rule
apply to all applications and petitions filed on or after January
1, 2009.
"Filed" means received in the office of the Secretary
of the Board during normal business hours.
REPORTER’S NOTE
Board Rule 1 contains style changes. With the elimination
of a dual filing deadline in Rule 19-202, the filing fee
provision in section (a) of Board Rule 1 is changed to a single
sum. Subsection (a)(2) is new. Section (c) has been deleted as
unnecessary.
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Board Rule 2
MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 2.
FILING LATE FOR GOOD CAUSE
An applicant’s written request for acceptance of an
application or petition filed late for good cause pursuant to the
Court's Bar Admission Rule 2 19-202 (c)(3), Rule 6 19-204, or
Rule 13 (h) 19-213 (d) shall include a statement indicating:
(a) whether the applicant’s failure to timely file was due to
facts and circumstances beyond the applicant’s control, and
stating those facts and circumstances;
(b) whether the applicant presently has a bar application
pending with any other jurisdiction in any other state;
(c) whether the applicant presently is a member of the Bar of
any other jurisdiction state; and
(d) the specific nature of the hardship which that would result
if the applicant’s request is denied.
REPORTER’S NOTE
Board Rule 2 contains style changes only.
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 3
MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 3.
TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH
DISABILITIES ACT
(a)
Definition
In this Rule, "applicant" includes a petitioner under Bar
Admission Rule 13 who seeks test accommodations under the ADA for
the attorney examination.
(b) (a) Policy
In accordance with the ADA, the Board shall provide test
accommodations to an applicant taking the Maryland Bar
examination, to the extent that such accommodations are
reasonable, consistent with the nature and purpose of the
examination and necessitated by the applicant's disability.
(c) (b) Requesting Test Accommodations
An individual must shall be an applicant for admission to
the Bar of Maryland prior to requesting test accommodations.
In
order to request test accommodations an applicant must shall file
a completed Applicant's Accommodations Request Form along with
the specified supporting documentation.
The Applicant's
Accommodations Request Form must shall be filed not later than
the deadline for filing the petition to sit for the bar
examination pursuant to Bar Admission 6, 9, or 13 Rules 19-204,
19-208, or 19-213.
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(d) (c) Review by Board
(1) Initial Review for Sufficiency
The Board's staff shall conduct an initial review of a
request for test accommodations.
The Board's staff shall reject
a request if the request fails to adequately specify the test
accommodations required or if the supporting documentation is
substantially incomplete or is otherwise deficient.
If the
request is rejected, the Board's staff shall advise the applicant
in writing of the deficiencies in the request and supporting
documents.
(2) Board Determination
If there is uncertainty about whether the requested test
accommodation is warranted pursuant to the ADA, the applicant's
request and all supporting documentation may be referred to a
qualified expert retained by the Board to review and analyze
whether the applicant has documented a disability and requested a
reasonable accommodation.
Thereafter, a designated member of the
Board shall determine whether test accommodations should be
granted after examining the applicant's request and the report of
the Board's expert.
The Board's staff shall advise the applicant
in writing whether the request for test accommodations is granted
or denied in whole or in part.
(e) (d) Appeal to the Accommodations Review Committee
If the Board denies a request for test accommodations in
whole or in part, the applicant may file an appeal with the
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 3
Accommodations Review Committee pursuant to Bar Admission Rule
6.1 19-205.
REPORTER’S NOTE
Board Rule 3 contains only stylistic changes.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 4
MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 4.
EXAMINATION – SUBJECT MATTER
Pursuant to section c of Rule 7 (Bar Examination), Rules
Governing Admission to the Bar of Maryland (c) of Rule 19-206,
the subject matter of the Maryland Bar Examination Board’s essay
test is defined as follows:
AGENCY
The law of agency will shall be included on the examination
only to the extent provided in the definitions of Business
Associations, Contracts and Torts.
BUSINESS ASSOCIATIONS
The legal principles pertaining to forming, organizing,
operating and dissolving business entities in Maryland and
related principles of agency.
The business entities include: (a)
corporations, (b) close corporations, (c) limited liability
companies, (d) professional service corporations, (e) general,
limited, and limited liability partnerships, (f) joint ventures,
(g) unincorporated associations, and (h) sole proprietorships.
The subject also includes: (a) the rights, powers, duties and
liabilities of owners, partners, member, shareholders, managers,
directors, officers, (b) the issuance of shares or other
ownership interests in business entities, (c) the distribution of
dividends and assets, and (d) the allocation of profits and
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 4
losses from business entities.
COMMERCIAL TRANSACTIONS
The law governing commercial transactions derived from the
following titles of the Maryland Code, Commercial Law Article:
Sales (Title 2); Leases (Title 2A); Negotiable Instruments (Title
3); Bank Deposits and Collections (Title 4); Bulk Transfers
(Title 6); and Secured Transactions (Title 9).
CONSTITUTIONAL LAW
The interpretation of the Constitution of the United States
and its amendments, division of powers between the states and
national government, powers of the President, the Congress, and
the Supreme Court, limitations on the powers of the state and
national government.
CONTRACTS
The consideration of agreements enforceable at law. The
subject includes: (a) formation of contracts - offer and
acceptance, mistake, fraud, misrepresentation or duress,
contractual capacity, effect of illegality, consideration;
informal contracts; (b) third-party beneficiary contracts; (c)
assignment of contracts; (d) statute of frauds; (e) parol
evidence rule, interpretation of contracts; (f)
performance-conditions, failure of consideration, aleatory
promises, rights of defaulting plaintiff, substantial
performance, specific performance, (g) breach of contract and
remedies therefor, including measure of damages; (h)
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 4
impossibility of performance, frustration of purpose; and (i)
discharge of contracts.
This subject may also include law
dealing with an agent's ability to bind a principal to a
contract, and the agent's personal liability on a contract made
for a principal.
CRIMINAL LAW AND PROCEDURE
The law of crimes against the person; crimes against public
peace and morals; property crimes; crimes involving the breach of
public trust or civic duty, obstruction of justice; criminal
responsibility, causation, justification and other defenses;
constitutional limitations and protections.
The law of criminal
procedure includes the provisions of the Criminal Procedure
Article of the Annotated Code of Maryland, Maryland Rules, Title
4, Criminal Causes, and to prosecutions for violations of
criminal law.
EVIDENCE
The law governing the proof of issues of fact in civil and
criminal trials including functions of the court and jury;
competence of witnesses; examination, cross-examination and
impeachment of witnesses; presumptions, burden of producing
evidence and burden of persuasion; privileges against disclosure
of information; relevancy; demonstrative, experimental and
scientific evidence; opinion evidence; admissibility of writings;
parol evidence rule; hearsay rule; judicial notice.
The Board's
Test will shall cover only the Maryland substantive Law of
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 4
Evidence, common law and statute, including the Maryland Rules of
Evidence.
FAMILY LAW
The principles of Maryland law regarding creation of (or the
existence of) the marriage relationship; termination of the
marriage; alimony and support of the marriage partner; support
and custody of children; marital property issues; and prenuptial
agreements.
Includes both statutory and common law principles of
Maryland law and procedure except for matters of adoption,
paternity, and juvenile law.
MARYLAND CIVIL PROCEDURE
The various procedural steps and matters involved in an
action at law or in equity, from commencement of the action to
final disposition on appeal.
The subject includes: (a)
jurisdiction of courts; (b) venue; (c) parties and process; (d)
forms of pleading; (e) motions and other means of raising
procedural objections or defenses, including affirmative defenses
and counter-claims; (f) discovery and other pre-trial procedures;
(g) trial practice; (h) entry, effect and enforcement of
judgments; (i) methods of taking appeal or otherwise securing
appellate review; and (j) appellate practice and procedure. The
subject embraces civil procedure and practice in the State
courts.
Federal Rules of practice and procedure are not covered
on the examination.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 4
PROFESSIONAL CONDUCT
The Maryland Lawyers' Attorneys’ Rules of Professional
Conduct as adopted by Maryland Rule 16-812.
These are contained
in the Maryland Rules, Appendix set forth in Title 19, Chapter
300 of the Maryland Rules.
PROPERTY
The fundamentals of real property law including concepts of
possession; concurrent and consecutive future estates in land
(and their counterparts in testamentary and inter vivos trusts);
leaseholds and landlord-tenant relationships; fixtures and the
distinction between real and personal property; covenants
enforceable in equity; easements, profits and licenses; rights of
user and exploitation in land (including rights to lateral and
subjacent support); contracts of sale of real estate; the statute
of limitations on real actions (adverse possession) and
prescription; conveyancing priorities and recording (including
marketable title); remedies.
Problems of rules against
perpetuities will shall appear only on the MBE test (Board Rule
4).
TORTS
The law of civil wrongs.
The subject includes, but is not
limited to: (a) negligent torts including causation, standard of
care, primary negligence, comparative and contributory
negligence, assumption of risk, limitations on liability,
contribution and indemnity; impact of insurance; (b) intentional
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 4
torts; (c) strict liability, products liability; (d) nuisance;
(e) invasion of privacy; (f) defamation; (g) vicarious liability;
and (h) defenses, immunity and privilege, and damages in
connection with any of these areas.
REPORTER’S NOTE
Language has been added to the section entitled “Evidence”
to clarify that the Maryland Rules of Evidence are covered. The
other changes are stylistic only.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 5
MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 5.
(a)
EXAMINATION FORMAT, SCORING, AND PASSING STANDARD
Authority
Pursuant to section (c) of Rule 7 19-206, Bar Examination,
of the Rules Governing Admission to the Bar of Maryland adopted
by the Court of Appeals of Maryland, the State Board of Law
Examiners adopts the Multistate Bar Examination and the
Multistate Performance Test as part of the Maryland Bar
Examination.
Pursuant to section (d) of the Court's Bar
Admission Rule 7 19-206, the Board establishes the policies and
standards set forth in the following sections of this Board Rule
to govern the format, scoring, and passing standard for the
Maryland Bar Examination.
(b)
Multistate Bar Examination (MBE)
(i) (1) One part of the Maryland Bar Examination is the
Multistate Bar Examination (MBE).
The MBE is published and
scored by the National Conference of Bar Examiners (NCBE) and its
agents.
(ii) (2) The MBE is a multiple choice test.
An applicant's
MBE raw score is the number of questions answered correctly.
MBE
raw scores are scaled to adjust for possible differences in
average question difficulty across administrations of the exam.
As a result of scaling, a given MBE scale score indicates about
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 5
the same level of performance regardless of the particular
administration of the examination on which it is earned.
(c)
Written Test: Board's Essay Test and the Multistate
Performance Test (MPT)
(i) (1) The other part of
the Maryland Bar Examination is
the Written Test, which comprises the Board's Essay Test and one
MPT question.
Essay test.
The Board will shall prepare and grade the Board's
The MPT is published by the NCBE and graded by the
Board.
(ii) (2) The Board's Essay test will shall consist entirely
of questions requiring essay answers.
be labeled by subject matter.
Questions will shall not
Single questions may involve two
or more subject matters from the list in Board Rule 4.
(iii) (3) The format and specifications for the MPT are
determined by the NCBE.
(iv) (4) The raw score for the Written Test will shall be
calculated as follows:
Written Test raw score = Sum of Board's Essay test raw
scores + (MPT raw score x 1.5)
(v) (5) The Written Test raw score will shall be converted to
the same scale of measurement as that used on the MBE to adjust
for possible differences in average question difficulty across
administrations of the examination.
(d)
Combining MBE and Written Test Scores to Calculate Total
Examination Score
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and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 5
(i) (1) For purposes of calculating an applicant's total
scale score, both the MBE and Written scale scores will shall be
rounded to the nearest whole number.
(ii) (2) The Written Test shall be weighted twice as much
heavily as the MBE in the computation of the total scale score.
The following formula will shall be used to compute an
applicant's total scale score on the Maryland Bar Examination:
Total Test Scale Score = (Written Scale Score x 2) + MBE
Scale Score
(e)
Passing Standard
In order to pass the Maryland Bar Examination, an
applicant must shall achieve a total scale score, as defined in
subsection d (ii) (d)(2), of 406 or higher.
(f)
No Carryover of MBE Score or Written Score from Prior
Examinations
For purposes of the Board’s calculation of the total scale
score and determination of the applicant’s pass/fail status, an
An applicant must shall achieve both the MBE and Written Test
scale scores on the same administration of the Bar Examination
for purposes of the Board's calculation of the total scale score
and determination of the applicant's pass/fail status.
(g)
Recognition of MBE Score Achieved Concurrently in Another
Jurisdiction State
The Board will shall accept an MBE score which an
applicant achieves in another jurisdiction state in an
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 5
administration of the MBE which is concurrent with Maryland's
administration of the Written Test to the applicant.
For
purposes of the Board’s calculation of the total scale score and
determination of the applicant’s pass/fail status, the The
concurrent MBE score will shall be treated exactly as though it
were achieved in Maryland for purposes of the Board's calculation
of the total scale score and determination of the applicant's
pass/fail status.
(h)
Adjustment of Passing Standard
For any particular examination administration of the bar
examination, the Board may, in the interest of justice fairness,
lower (but not raise) the passing score standard for one or more
applicants at any time before notices of the examination results
are mailed.
REPORTER’S NOTE
Board Rule 5 contains only stylistic changes.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 6
MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 6.
(a)
OUT-OF-STATE ATTORNEY EXAMINATION
Subject Matter
The out-of-state attorney examination will shall be
prepared and graded by the Board and will shall consist entirely
of questions requiring essay answers.
It will shall relate to:
(i) (1) Maryland Rules of Procedure governing practice and
procedure in civil cases and criminal causes in all the Courts of
the State of Maryland, including the Appendix of forms (Maryland
Rules),
(ii) (2) the Maryland Lawyers' Attorneys’ Rules of
Professional Conduct, as adopted by Maryland Rule 16-812
(Maryland Rules) set forth in Title 19, Chapter 300 of the
Maryland Rules,
(iii) (3) the provisions of the Courts and Judicial
Proceedings Article of the Annotated Code of Maryland, and
(iv) (4) the provisions of the Criminal Procedure Article of
the Annotated Code of Maryland.
(b)
Time - Duration
The attorney examination shall be conducted during a part
of the essay day of each regularly scheduled bar examination and
will have a.
A total of three hours writing time shall be
allowed for the entire test.
The point score allotted for each
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 6
question will shall be noted on the examination sheet.
(c)
Requirement for Passing
In order to pass the examination, a petitioner shall
attain a score of at least 70% of the total point score allotted
to the entire test.
REPORTER’S NOTE
Board Rule 6 contains only stylistic changes.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 7
MARYLAND RULES OF PROCEDURE
RULES OF THE BOARD
Board Rule 7.
ELIGIBILITY TO TAKE THE EXAMINATION PURSUANT TO
RULE 4 19-201 (b)(2) OF THE RULES GOVERNING ADMISSION TO THE BAR
OF MARYLAND
In order for an additional degree from an ABA approved law
school in Maryland to qualify under Rule 4 19-201 (b) of the
Rules Governing Admission to the Bar of Maryland:
1. (a) the requirements of the award of the degree from the
applicant’s law school in Maryland must shall contains a minimum
of 26 credit hours in the bar examination subjects listed in
Board Rule 4 and;
2. (b) the applicant shall furnish the following documents and
certifications in a form required by the Board:
a. (1) a certification from the dean, assistant dean or
acting dean of an ABA approved law school in Maryland that the
applicant’s foreign legal education, together with the
applicant’s approved law school degree, is the equivalent of that
required for an LL.B. or a J.D. Degree in that law school;
b. (2) a certification from the dean, assistant dean or
acting dean of an ABA approved law school in Maryland that the
applicant has successfully completed a minimum of 26 credit hours
in the bar examination subjects listed in Board Rule 4; and
c. (3) all documents considered for admission of the
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Board Rule 7
applicant to the degree program of an ABA approved law school in
Maryland must be submitted by the law school and translated into
the English language.
REPORTER’S NOTE
Board Rule 7 contains only stylistic changes.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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MARYLAND RULES OF PROCEDURE
APPENDIX 19-A:
FORMS FOR SPECIAL ADMISSION OF
OUT-OF-STATE ATTORNEY
TABLE OF CONTENTS
Form 19-A.1.
MOTION FOR SPECIAL ADMISSION OF OUT-OF-STATE
ATTORNEY UNDER Rule 19-214
Form 19-A.2.
ORDER
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Form 19-A.1
MARYLAND RULES OF PROCEDURE
APPENDIX 19-A:
FORMS FOR SPECIAL ADMISSION OF
OUT-OF-STATE ATTORNEY
Form RGAB 14/M 19-A.1.
MOTION FOR SPECIAL ADMISSION OF OUT-OF-
STATE ATTORNEY UNDER RULE 14 OF THE RULES GOVERNING ADMISSION TO
THE BAR OF MARYLAND 19-214
(Caption)
MOTION FOR SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEY
UNDER RULE 14 OF THE RULES GOVERNING
ADMISSION TO THE BAR OF MARYLAND 19-214
I, ........................, attorney of record in this case,
move that the court admit, ............................... of
(name)
............................................................., an
(address)
out-of-state attorney who is a member in good standing of the Bar
of ............................................., for the limited
purpose of appearing and participating in this case as co-counsel
with me.
Unless the court has granted a motion for reduction or
waiver, the $100.00 fee required by Code, Courts and Judicial
Proceedings Article, §7-202 (e) is attached to this motion.
I [ ] do [ ] do not request that my presence be waived under
Rule 14 (d) of the Rules Governing Admission to the Bar of
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Form 19-A.1
Maryland 19-214 (d).
..................................
Signature of Moving Attorney
..................................
Name
..................................
Address
..................................
Telephone
Attorney for .....................
CERTIFICATE AS TO SPECIAL ADMISSIONS
I, ......................................., certify on this
....... day of ...................., ....., that during the
preceding twelve months, I have been specially admitted in the
State of Maryland ............ times.
..............................
Signature of
Out-of-State Attorney
..............................
Name
..............................
Address
..............................
Telephone
(Certificate of Service)
Source:
This Form is derived from former Form RGAB-14/M (2016).
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Form 19-A.1
REPORTER’S NOTE
Form 19-A.1 carries forward the provisions of current Form
RGAB-14/M.
Title 19, Chapters 100 - 700 - (R.C. approved Ch. 100
and 200 -10/12 & 2/13) - (R.C. approved Ch. 300-700 5/3/13 - Version 10.0 - For 178th Report - Part III
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Form 19-A.2
MARYLAND RULES OF PROCEDURE
APPENDIX 19-A:
FORMS FOR SPECIAL ADMISSION OF
OUT-OF-STATE ATTORNEY
Form RGAB-14/O. 19-A.2.
ORDER
(Caption)
ORDER
ORDERED, this ...... day of .............., ....., by the
................................ Court for .....................,
Maryland, that
[ ] ................... is admitted specially for the limited
purpose of appearing and participating in this case as co-counsel
for ............................. .
The presence of the Maryland
lawyer [ ] is [ ] is not waived.
[ ] That the Special Admission of ........................ is
denied for the following reasons: ..............................
................................................................
and the Clerk shall return any fee paid for the Special Admission
and it is further
ORDERED, that the Clerk forward a true
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