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IN THE COURT OF APPEALS OF MARYLAND Misc. Docket AG No. 93 September Term, 2002

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. MAHMOUD A LSAFTY

Bell, C.J. *Eldridge Raker Wilner Cathell Harrell Battaglia JJ.

Opinion by Bell, C.J.

File: December 19, 2003 * Eldridge, J. now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Cons titution, Article IV, Section 3A, he also participated in the decisio n and a doptio n of this opinio n.

The Attorney Grievance Commission of Maryland, the petitioner, acting pursuant to Maryland Rule 16-751,1 approved the filing by Bar Counsel of a Petition For Disciplinary or Remedial Action against Mahmoud Alsafty, the respondent. The petition filed by Bar

Counsel charged him with misconduct, as defined by Maryland Rules 16-701 (i), 2 and 16812, and consisting of violations of various of the Marylan d Rules o f Professio nal Cond uct, as adopte d by the la tter Ma ryland R ule. Th e petition alleged , in partic ular, that the

respondent violated Rules 1.3, Diligence,3 1.4, Communication,4 5.5, Unauthorized Practice of Law,5 7.1, Communications Concerning a Lawyer's Services, 6 8.4 (b), (c) and (d),

1

Maryland Rule 16-751 provides: "(a) Com mencem ent of discip linary or remed ial action.- Up on appro val of the Commission, Bar Counsel shall file a Petition for Disciplinary or Remedial Action in the Court of Appeals."
2

Pursuant to Maryland R ule 16-70 1 (i) `"Profe ssional misc onduct' o r `miscond uct' has the meaning set forth in Rule 8.4 of the Maryland Rules of Professional Conduct, as adopted by Rule 16-812. The term includes the knowing failure to respond to a request for information authorized by this Chapter without asserting, in writing, a privilege or other basis for such failure." Pursuant to Maryland Rule 1.3, "[a] lawyer shall act with reasonable diligence and promptness in representing a client."
4 3

Rule 1.4 provides: "(a) A lawyer shall keep a client reasonably informed about the status of a matter a nd pro mptly com ply with re asonab le reque sts for in forma tion. "(b) A law yer shall explain a matter to the extent reaso nably necessa ry to permit th e client to make inform ed dec isions re gardin g the rep resenta tion."
5

Rule 5.5 provides: "A law yer shall not: "(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or "(b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized

Miscon duct, 7 of the Maryland Rules of Professional Conduct and Maryland Code (1989, 2000 Replacement Volume)

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