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1.2—Definitions

Subject to additional definitions contained elsewhere herein, unless the context clearly indicates otherwise, the following terms shall have the meaning given to them below:

Assistant Bar Counsel means an attorney appointed by the Board pursuant to Section 4(e)(2) of Rule XI.

Bar Counsel means the attorney appointed by the Board pursuant to Section 4(e)(2) of Rule XI. Where appropriate, Bar Counsel also means the Professional Staff in the Office of Bar Counsel.

Board means the Board on Professional Responsibility of the Bar of the District of Columbia established under Section 4(a) of Rule XI.

Board Contact Member means an attorney member of the Board under Section 8.1(c) of Rule XI, designated by the Board Chair to review and approve or modify a diversion agreement.

Chair means, depending on the context in which the term is being used, the attorney member of the Board designated by the Court as Chair of the Board pursuant to Section 4(b) of Rule XI; or the attorney member of a regular Hearing Committee senior in service (or in the case of a regular Hearing Committee with two new attorney members, senior in membership at the Bar); or in the case of an ad hoc Hearing Committee, the attorney member designated by the Executive Attorney.

Complaint means a grievance concerning an attorney communicated to or initiated by Bar Counsel.

Contact Member means an attorney member of a Hearing Committee designated, under Section 4(e)(5) of Rule XI, to review and approve or modify recommendations by Bar Counsel for dismissals, deferrals, informal admonitions, or the institution of formal charges against a respondent.

Court means the District of Columbia Court of Appeals.

Deputy Bar Counsel means the attorney designated by Bar Counsel with the approval of the Board to assume Bar Counsel's duties and responsibilities when Bar Counsel is absent or unable to act.

Diversion Agreement means a written agreement entered into between Bar Counsel and respondent, subject to approval of the Board contact member pursuant to Section 8.1 of Rule XI, which if successfully completed, shall result in no record of misconduct for respondent and the closing of Bar Counsel’s investigation.

Executive Attorney means the attorney appointed by the Board pursuant to Section 4(e)(3) of Rule XI to act as attorney to the Board and to supervise the operations of the Office of the Executive Attorney. Where appropriate, Executive Attorney also means the Professional Staff in the Office of the Executive Attorney.

Exception means an objection to one or more findings and/or recommendations of the Hearing Committee or the Board stating that the party excepting does not acquiesce in the findings or recommendations and will seek their modification or reversal.

Hearing Committee means a committee appointed by the Board pursuant to Section 4(e)(4) of Rule XI.

Investigation means a factual inquiry by the Board pursuant to Section 4(e)(1) of Rule XI with respect to any alleged ground for discipline or alleged incapacity of any attorney, or by Bar Counsel pursuant to Section 6(a)(2) of Rule XI, brought to Bar Counsel's or the Board's attention by complaint or otherwise, with respect to all matters involving alleged misconduct by a member of the District of Columbia Bar or with respect to petitions for formal proceedings or for reinstatement by suspended or disbarred attorneys.

Investigator means a person assisting Bar Counsel in a disciplinary investigation.

Office of Bar Counsel means the Office operating under the supervision of Bar Counsel.

Office of the Executive Attorney means the Executive Office of the Board on Professional Responsibility established to provide legal and administrative support to the Board and the Hearing Committees.

Participant means respondent, respondent's counsel, a Hearing Committee member or Chair, Bar Counsel, Bar Counsel's staff, or any other person permitted by the Hearing Committee or by the Board, including witnesses, to participate in a disciplinary investigation or proceeding.

Petition Instituting Formal Disciplinary Proceedings means a petition filed with the Board (with a copy to the Clerk of the Court) pursuant to Section 8(c) of Rule XI.

Practice Management Advisory Service or PMAS means the D.C. Bar Practice Management Advisory Service established by the D.C. Bar Board of Governors, the members of which are appointed by the D.C. Bar President with the approval of the Board of Governors, to establish educational and remedial programs to assist lawyers with the business and management aspects of their law practices. As used in these Rules, PMAS includes a staff assistant, mentor, monitor, or other consultant for the PMAS.

Professional Staff means the Deputy Bar Counsel, Assistant Bar Counsel, and Special Bar Counsel, and Staff Attorneys in the Office of Bar Counsel, and the Assistant Executive Attorneys and Staff Attorney in the Office of the Executive Attorney.

Respondent means an attorney subject to the disciplinary jurisdiction in the District of Columbia pursuant to Section 1 of Rule XI, whose conduct has become subject to inquiry or disciplinary proceedings.

Rules Governing the Bar means the rules governing the activities of the Bar of the District of Columbia promulgated by the District of Columbia Court of Appeals on July 10, 1989, and any amendments thereto.

Rules of Professional Conduct means the rules of professional conduct in effect in this jurisdiction.

Special Bar Counsel means an attorney appointed by the Board who may be less than a full-time employee and who may also engage in private practice.

Staff means the investigative, research, management, clerical, and secretarial personnel in the Office of Bar Counsel and the Office of the Executive Attorney.

Vice-Chair means the attorney member of the Board designated by the Court as Vice-Chair pursuant to Section 4(b) of Rule XI to act in the absence or disability of the Chair.

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