Md. Admin. Order of 2021-11-23 (Updated Administrative and Procedural Guidelines of the ...) 6.6

6.6.1. If the Panel determines, by a majority vote of its members, that the Statement of

Charges has a substantial basis and that there is reason to believe that the

Respondent has committed professional misconduct or is incapacitated, and that a

reprimand and/or conditional diversion agreement is the appropriate

recommendation, it shall:

a. Reprimand. If the Panel determines that a reprimand is the appropriate

recommendation, , the Panel shall inform Bar Counsel and the Respondent. If Bar

Counsel and the Respondent agree, then the contents of the proposed reprimand

shall be presented to the Panel, and if satisfactory to the Panel, the recommendation

of the Panel to the Commission shall include and incorporate the contents of the

proposed reprimand. If Bar Counsel and the Respondent reject the Panel’s

determination that a reprimand is the appropriate recommendation, the Panel shall

not make said recommendation to the Commission. If Bar Counsel rejects but the

Respondent accepts the Panel’s determination that a reprimand is the appropriate

recommendation, the Panel shall make said recommendation to the Commission

with the contents of the proposed reprimand executed by the Respondent.

b. Conditional Diversion Agreement. If the Panel determines, by a majority vote

of its members, that the attorney should enter into a Conditional Diversion

Agreement, either with or without a reprimand, the Panel shall inform Bar Counsel

and the Respondent. If Bar Counsel or the Respondent rejects the determination

that a Conditional Diversion Agreement be adopted, the Pa nel shall not make said

recommendation to the Commission. If Bar Counsel and the Respondent agree to

a Conditional Diversion Agreement, then the contents of the Conditional Diversion

Agreement, and any prop osed reprimand, shall be presented to the Panel, and if

satisfactory to the Panel, the recommendation of the Panel to the Commission shall

include and incorporate the contents of the Conditional Diversion Agreement.

c. The Panel may allow up to ten (10) working days for the parties to present to the

Panel an executed proposed reprimand or Conditional Diversion Agreement. If the

parties fail to present an executed proposed reprim and or Conditional Diversion

Agreement within ten (10) working days, the Panel shall not recommend a

Conditional Diversion Agreement but may recommend a reprimand with the

agreement of the Respondent or take such other action as it deems appropriate

consistent with the Maryland Rules and these Guidelines.

6.6.2. The recommendation of the Peer Review Panel and any dissent shall be in writing

and directed to the Executive Counsel and Director who sha ll receive the

recommendation on behalf of the Commission. Upon receipt of the

recommendation the Executive Counsel and Director shall provide a copy of the

recommendation and any dissent to Bar Counsel and the Respondent.

6.6.3. The recommendation of the Panel shall contain its recommendation for action on

each complaint addressed by the Panel and shall state:

a. Dismissal. In the case of a recommended dismissal, the reason for the dismissal.

b. Dismissal with Letter of Cautionary Advice or Letter of Admonition. In the case

of a recommended dismissal with a letter of cautionary advice or letter of

admonition, the nature of the misconduct for which the Respondent should be

advised or admonished and the Rule or Rules of Professional Conduct determined

to have been violated by the Respondent.

c. Reprimand. In the case of a recommended reprimand, the nature of the

misconduct for which the Respondent should be reprimanded and a copy of any

proposed reprimand executed by the Respondent, and when both parties are in

agreement, by the Respondent and Bar Counsel.

d. Conditional Diversion Agreement. In the case of a recommended Conditional

Diversion Agreement, a copy of a proposed Conditional Diversion Agreement

executed by the Respondent and Bar Counsel.

e. Petition for Disciplinary or Remedial Action. In the case of a recommendation

that a Petition for Disciplinary or Remedial Action be filed, a brief description of

the Respondent’s alleged misconduct. The Panel may, but need not, designate the

Rules of Professional Conduct violated by the Respondent.

f. Incapacity. In the case of any determination that the Respondent is incapacitated,

the nature of such incapacity.

14 Updated __________________, 2021