Local Rule Rule 701: Admission

RULE 701. ADMISSION

1. Qualifications

a) General

Except as provided in subsection (c) of this Rule, an attorney is qualified for admission to the Bar of this District if the attorney is, and continuously remains, an active member in good standing of the Supreme Court of Maryland, or if the attorney is not a member of the Supreme Court of Maryland, an active member in good standing of the highest court of any state (or the District of Columbia) and also an active member in good standing of any United States District Court; is of good private and professional character; is familiar with the Maryland Attorneys' Rules of Professional Conduct, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Federal Rules of Appellate Procedure, and these Local Rules; is (to the extent relevant to his or her area(s) of practice) familiar with the Federal Rules of Criminal Procedure, the Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules, and substantive Maryland statutory and common law; and is willing, available and competent to accept appointments by the Court to represent indigent parties in civil cases in this District unless the acceptance of such appointments is inconsistent with an attorney's professional employment obligations as, for example, a government attorney. Although not required, an attorney admitted to the Bar of this Court who is not also a member of the Maryland Bar is strongly urged to consider retaining local counsel when appearing on matters involving Maryland law.

b) Federal Government Attorneys

An attorney who is a member of a Federal Public Defender's Office, the Office of the United States Attorney for this District, or other federal government lawyer, is qualified for admission to the Bar of this District for purposes relating to her or his employment if the attorney is an active member in good standing of the highest court of any state (or the District of Columbia); is of good private and professional character; is familiar with the Code of Professional Responsibility, the Federal Rules of Civil Procedure and Criminal Procedure, the Federal Rules of Evidence, the Federal Rules of Appellate Procedure, and these Local Rules.

c) Non-Maryland Lawyers Maintaining Any Law Office in Maryland

An attorney who is not a member of the Maryland Bar is not qualified for admission to the Bar of this District if the attorney maintains any law office in Maryland. For the purposes of this subsection, an attorney shall be deemed to maintain an office in Maryland if a Maryland address is used by that attorney on any document filed in this Court for purposes of satisfying L.R. 102.1.b. However, if an attorney is a member of a law firm having offices in multiple jurisdictions, an attorney who is a member of such a firm shall not be deemed to maintain a law office in Maryland if that attorney does not maintain a regular physical presence in the Maryland office of the firm. Failure of an attorney to satisfy this continuing requirement may result in the attorney either being moved to ineligible status or subjected to expedited remedial action as provided for in L.R. 705.1.i.

2. Procedure

a) Original Applications

Each applicant for admission to the Bar shall file an application, accompanied by a motion filed by the applicant's sponsor. The application and motion shall be on forms prescribed by the Court and shall be made available by the Clerk to applicants upon request. The applicant's sponsor must be a member of the Bar of this Court and must have known the applicant for at least one (1) year. The latter requirement may be waived if the sponsor sets forth sufficient grounds in the motion for admission to satisfy the Court that the sponsor has reason to know that the applicant is qualified for admission. Each applicant for admission shall also pay any original admission fee set by the Court.

b) Renewal Applications

Each member of the Bar of this Court shall submit an application to renew her or his membership periodically as directed by the Court. The application shall be on a form prescribed by the Court. Notice shall be sent by the Clerk to each member of the Bar of the Court at least thirty (30) days prior to the date on which the application is due. The applicant for renewal shall also pay any renewal fee set by the Court. A timely renewal application shall be granted if the applicant meets all of the qualifications for admission to the Bar of this Court and if she or he pays the renewal fee. Failure to submit a timely renewal application or to pay the renewal fee will cause the attorney's membership in the Bar of this Court to be changed to inactive status.

c) Request to Resign or Withdraw an Application for Admission

i) Request. A request to resign from, or to withdraw an initial or renewal application for admission to, the practice of law in this Court shall be submitted in writing under oath. The request shall state that the resignation or request to withdraw an original or renewal application is not being offered to avoid disciplinary action and that the attorney has no knowledge of any pending investigation, action, or proceedings in any jurisdiction involving allegations of professional misconduct by the attorney or the commission of a crime.

ii) When Attorney May Not Resign or Withdraw an Application for Admission. An attorney may not resign or withdraw an original or renewal application for admission while the attorney is the subject of a disciplinary investigation, action, or proceeding involving allegations of professional misconduct or the commission of a crime. A request to resign or to withdraw an original or renewal application does not prevent or stay any disciplinary action or proceeding against the attorney.

iii) Procedure. Upon receiving a copy of the request submitted in accordance with section (c)(i) of this Rule, the Disciplinary and Admissions Committee shall investigate the request and submit a recommendation to the full bench of the Court.

iv) Order of the Court. After considering the recommendation of the Disciplinary and Admissions Committee, the Court shall enter an order accepting or denying the resignation or request to withdraw an application. A resignation or withdrawal of an application is effective only upon entry of an order approving it.

v) Duty of Clerk. When the Court enters an order accepting an attorney's resignation or permitting the withdrawal of an application, the Clerk of the Court shall strike the name of the attorney from the register of attorneys in this Court.

vi) Effect of Resignation or Withdrawal of Application for Admission. An attorney may not practice law in this Court after entry of an order accepting the attorney's resignation or permitting the withdrawal of an application.

vii) Motion to Vacate. After notice and opportunity to be heard, the Court may, at any time, vacate or modify the order in case of intrinsic or extrinsic fraud.

3. Duty of Counsel to Notify the Clerk of Any Change in Address

Counsel must promptly notify the Clerk of any change of address, including email address, irrespective of any changes noted on a pleading or other document.

4. Confidentiality of Attorney Records

No information contained in any bar admission application, renewal application, or an attorney's administrative or disciplinary record may be released by the Clerk of this Court except by the order of the Chair of the Disciplinary and Admissions Committee of the Court or the presiding judge in a pending case, in consultation with the Committee Chair for requests for administrative records and in consultation with the full bench in cases of disciplinary files. However, the Clerk of Court may provide an attorney with a copy of that attorney's previously submitted bar admission or renewal application upon request, including confirming the contents of these documents.