Some key changes impacting attorneys have been proposed to the Local Rules for the U.S. District Court for the District of Maryland. Two of the proposed changes concern attorney incapacity, caused by issues such as illness, cognitive decline, mental health issues, and addiction.
Rule 705.3: The first proposed change affects Local Rule 705.3. This Rule governs the steps that an attorney must take if he or she has been subject to public discipline or was enjoined from the practice of law by any other state or federal court. The Rule currently provides that any attorney who falls within these categories must, within 30 days, inform the Clerk of the District Court of Maryland of the discipline and provide a copy of the document imposing the reprimand. Local Rule 705.3.a. After receiving notice, the District Court would impose the same discipline rendered by the other court, unless it “clearly appears” there was some fundamental issue with the process in which the discipline was imposed. Local Rule 705.3.d. When seeking reinstatement, an attorney who was suspended for 90 days or less must only file an affidavit of compliance to be reinstated automatically; whereas an attorney suspended for more than 90 days must petition for reinstatement.
Read the full article by Kelsey Williams on the Legal Ethics Blog.