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 of the Rules Governing the
Bar.
Bar Counsel means
the attorney appointed by the Board pursuant to Section 4(e)(2) of
Rule XI of the Rules Governing the Bar. 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 of the Rules Governing the Bar.
Board Contact Member means an
attorney member of the Board under Section 8.1(c) of Rule XI of the
Rules Governing the Bar, designated by the Board Chair to review and
approve or modify a diversion agreement.
Board Office means the Executive Office of the Board on Professional
Responsibility established to provide legal and administrative support
to the Board and the Hearing Committees.
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 of the Rules
Governing the Bar; 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.
Rules
of Professional Responsibility means the rules or code of professional
in effect in this jurisdiction.
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 of the Rules Governing
the Bar, 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 of the Rules Governing the Bar, which if
successfully completed, shall result in no record of misconduct for
Respondent and the closing of Bar Counsel’s investigation.
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.
Executive Attorney
means the attorney appointed by the Board pursuant to Section 4(e)(3)
of Rule XI of the Rules Governing the Bar to act as attorney to the
Board and to supervise the operations of the Board Office.
Hearing Committee means a committee appointed by the Board
pursuant to Section 4(e)(4) of Rule XI of the Rules Governing the
Bar.
Investigation means
a factual inquiry by the Board pursuant to Section 4(e)(1) of Rule
XI of the Rules Governing the Bar 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 of the Rules Governing the
Bar, 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.
Lawyer Practice Assistance Committee
or LPAC means the D.C. Bar Lawyer Practice Assistance Committee
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, LPAC includes a staff assistant, mentor, monitor,
or other consultant for the LPAC.
Office of Bar Counsel means the Office operating under the
supervision of Bar Counsel.
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 of the Rules Governing the Bar.
Professional Staff means the
Deputy Bar Counsel, Assistant Bar Counsel, and Special Bar Counsel,
in the Office of Bar Counsel, and the Executive Attorney in the Board
Office.
Respondent means
an attorney subject to disciplinary jurisdiction in the District of
Columbia pursuant to Rule XI, Section 1 of the Rules Governing the
Bar, 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.
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 Board Office.
Vice-Chair means the attorney member
of the Board designated by the Court as Vice-Chair pursuant to Section
4(b) of Rule XI of the Rules Governing the Bar to act in the absence or
disability of the Chair.





