Editorial Advisory Board: Attorneys must be keepers of profession’s reputation

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Much like the biblical story of Cain denying his responsibility to watch over his brother Abel, it can be easy for us to turn a blind eye to a fellow attorney who is not meeting basic standards in our profession. It can be easy to rationalize – maybe he or she is just having a bad day, or maybe there’s another explanation for the odd behavior. Maybe you don’t want to turn in one of your colleagues or perhaps you really just don’t want to get involved.

Maryland’s Rules of Professional Conduct, Rule 19-308.3 mandates that an attorney must report when one witnesses an attorney’s behavior that creates a substantial concern about the attorney’s ”honesty, trustworthiness or fitness.” The rule clarifies that substantial means seriousness of the possible offense. As the law is a self-regulated profession, the rule details that attorneys must “vigorously endeavor to prevent” offenses.

It is true that, as with any profession, there are some individuals who are just bad actors. They have stolen from their clients and provided inadequate representation or  violated numerous rules along the way, including 19-301.1 (Competence), 19-301.3 (Diligence) and 19-301.5 (Fees), among others, with little concern for the profession or their clients. These are likely the easier incidences to refer for disciplinary action.

But for others there might be an underlying issue for which assistance may be available.

While the mere mention of bar counsel can strike fear in the heart of many attorneys, bar counsel not only conducts investigations into attorney complaints but also works hard with struggling attorneys to obtain the help they may need. Bar counsel has several diversion programs to address barriers attorneys are experiencing that may prevent them from meeting all of their professional responsibilities. Programs include working with inexperienced attorneys who may have gotten in over their heads and are not able to meet their obligations or who are not handling their trust accounts appropriately. The newer attorney is paired with an experienced attorney who works with him or her over an extended amount of time to help build appropriate business and professional compliance skills.

For an attorney who is having mental health issues, bar counsel seeks to ensure that the attorney is receiving appropriate treatment. Similarly, bar counsel seeks to identify options for attorneys with substance abuse problems. Bar counsel works with the attorney to ensure treatment is being received and appropriate safeguards are put into place for the attorney to return to practice, if possible. While contacting the Maryland State Bar Association Lawyer Assistance Program, where any attorney can receive free and confidential counseling for various personal problems, is a good first step when seeking help for an addicted colleague, bar counsel can both provide stronger incentive for an attorney to seek the help needed and protect the public during the time the attorney is addressing his or her addiction problem.

Maryland’s lawyers must take seriously their responsibility to report under 19-308.3. Just as we advocate zealously for our clients, so too must we be zealous advocates for our profession. An essential part of that advocacy is renewing our commitment to reporting our fellow attorneys when they are not living up to our shared duty to our clients or to the legal system as a whole. In the end, it’s about protecting those people who need to rely on us as lawyers to help them when they cannot help themselves.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

James K. Archibald

John Bainbridge Jr.

Martha Ertman (on sabbatical)

Arthur F. Fergenson

Nancy Forster

Susan Francis

Michael Hayes

Ericka King

Stephen Meehan

William Michaels

Angela W. Russell

Debra G. Schubert

Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.

Find out more about the members of the Editorial Advisory Board.