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MD Pro Bono Reporting Rules

Page history last edited by Joan Bellistri 10 years, 10 months ago

Rule 16-903   Reporting Pro Bono Legal Service.   

 

(a)  Required as a condition of practice.- As a condition precedent to the practice of law, each lawyer authorized to practice law in Maryland shall file annually with the Administrative Office of the Courts a Pro Bono Legal Service Report on a form approved by the Court of Appeals. The form shall not require the identification of pro bono clients.

 

The purpose of pro bono legal service reporting pro bono legal service performed by lawyers in Maryland and determine the effectiveness of the Local Pro Bono Action Plans, the State Pro Bono Action Plan, the Rules in this Chapter, and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct.

 

(b)  Designated employee of the Administrative Office of the Courts.- The Court of Appeals shall designate an employee of the Administrative Office of the Courts to oversee the reporting process set forth in this Rule.

 

(c)  Mailing by the Administrative Office of the Courts.- On or before January 10 of each year, the Administrative Office of the Courts shall mail a Pro Bono Legal Service Report form to each lawyer on the list maintained by the Clients' Security Trust Fund. The addresses on that list shall be used for all notices and correspondence pertaining to the reports.

 

(d)  Due date.- Pro Bono Legal Service Reports for a given calendar year shall be filed with the Administrative Office of the Courts on or before February 15 of the following calendar year.

 

(e)  Enforcement.- 

 

(1) Notice of default.- As soon as practicable after May 1 of each year, the Administrative Office of the Courts shall give notice of the failure to file a report to each defaulting lawyer. The notice shall (A) state that the lawyer has not filed the Pro Bono Legal Service Report for the previous calendar year, (B) state that continued failure to file the Report may result in the entry of an order by the Court of Appeals prohibiting the lawyer from practicing law in the State, and (C) be sent by first class mail. The mailing of the notice of default shall constitute service.

 

(2) Additional discretionary notice of default.- In addition to the mailed notice, the Administrative Office of the Courts may give additional notice to defaulting lawyers by any of the means enumerated in Rule 16-811 g 3.

 

(3) List of defaulting lawyers.- As soon as practicable after July 1 of each year but no later than August 1, the Administrative Office of the Courts shall prepare, certify, and file with the Court of Appeals a list that includes the name and address of each lawyer engaged in the practice of law who has failed to file the Pro Bono Legal Service Report for the previous year.

 

(4) Certification of default; Order of Decertification.- The Administrative Office of the Courts shall submit with the list a proposed Decertification Order stating the names and addresses of those lawyers who have failed to file their Pro Bono Legal Service Reports for the specified calendar year. At the request of the Court of Appeals, the Administrative Office ofthe Courts also shall furnish additional information from its records or give further notice to the defaulting lawyers. If satisfied that the Administrative Office of the Courts has given the required notice to each lawyer named on the proposed Decertification Order, the Court of Appeals shall enter a Decertification Order prohibiting each of them from practicinglaw in the State.

 

(5) Mailing of Decertification Order.- The Administrative Office of the Courts shall mail by first class mail a copy of the Decertification Order to each lawyer named in the Order. The mailing of the copy of the Decertification Order shall constitute service.

 

(6) Recertification; restoration to good standing.- If a lawyer files the outstanding Pro Bono Legal Service Report, the Administrative Office of the Courts shall request the Court of Appeals to enter an order that recertifies the lawyer and restores the lawyer to good standing. Upon entry of an order that recertifies the lawyer and restores the lawyer to good standing, the Administrative Office of the Courts promptly shall furnish confirmation to the lawyer.

 

(7) Notices to Clerks.- The Clerk of the Court of Appeals shall send a copy of each Decertification Order and order that recertifies a lawyer and restores the lawyer to good standing entered pursuant to this Rule to the Clerk of the Court of Special Appeals, the Clerk of each circuit court, the Chief Clerk of the District Court, and the Register of Wills for each county.

 

(f)  Certain Information Furnished to the Standing Committee on Pro Bono Legal Service.- The Administrative Office of the Courts shall submit promptly to the Standing Committee on Pro Bono Legal Service a compilation of non-identifying information and data from the Pro Bono Legal Service Reports.

 

(g)  Confidentiality.- Pro Bono Legal Service Reports are confidential and are not subject to inspection or disclosure under Code, State Government Article, ยง 10-615 (2) (iii). The Administrative Office of the Courts shall not release the Reports to any person or agency, except upon order of the Court of Appeals. Nonidentifying information and data contained in a lawyer's Pro Bono Legal Service Report are not confidential.

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