r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

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MARYLAND RULES OF PROCEDURE APPENDIX: THE MARYLAND LAWYERS’ RULES OF PROFESSIONAL CONDUCT COUNSELOR AMEND Comment 5 to Rule 2.1 of the Maryland Lawyers’ Rules of Professional Conduct by deleting language from the third sentence and by adding language concerning advising the client about one or more forms of alternative dispute resolution, as follows: . . . Rule 2.1. ADVISOR In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation. . . . COMMENT Offering Advice. - [5] In general, a lawyer is not expected to give advice until asked by the client. However, when a lawyer knows that a client proposes a course of action that is likely to result in substantial adverse legal consequences to the client, the lawyer's duty to the client under Rule 1.4 may require that the lawyer offer advice if the client's course of action is related to the representation. Similarly, when a matter is likely to involve litigation, it may be necessary under Rule 1.4 to inform the client of forms of dispute resolution that might constitute reasonable alternatives to litigation and in the opinion of the lawyer, one or more forms of alternative dispute resolution are reasonable alternatives to litigation, the lawyer -286-
should advise the client about those reasonable alternatives. A lawyer ordinarily has no duty to initiate investigation of a client's affairs or to give advice that the client has indicated is unwanted, but a lawyer may initiate advice to a client when doing so appears to be in the client's interest. . . . REPORTER’S NOTE The proposed amendment to Comment 5 to Rule 2.1 deletes from the third sentence, “it may be necessary under Rule 1.4 to inform the client of forms of dispute resolution that might constitute reasonable alternatives to litigation,” and replaces it with a specific reference to “one or more forms of alternative dispute resolution” (“ADR”) as reasonable alternatives to litigation about which a lawyer should advise his or her client. The amended Comment is intended to encourage informed discourse between the lawyer and client whenever ADR may be an appropriate option. -287
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STANDING COMMITTEE ON RULES OF PRAC
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December 19, 2006 ONE HUNDRED FIFTY
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of probation proceeding is proposed
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litigation. The proposed amendments
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MARYLAND RULES OF PROCEDURE TITLE 3
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Source: This Rule is derived from f
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Source: This Rule is derived from f
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of the amendment, whichever is late
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as of right; and (F) (H) any other
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REPORTER’S NOTE Chapter 534, Laws
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REPORTER’S NOTE See the Reporter
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Insurance Commissioner of Maryland
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Section (d) (c) is derived from for
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under Rule 4-345, or the defendant
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under Code, Criminal Procedure Arti
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-43- ______ ______ proven not prove
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custody, arrest, or detention of or
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contendere to a charge of a crime o
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to conform his or her conduct to th
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of us, but fewer than all 12, find
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We unanimously determine the senten
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within 15 days after service of the
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language of the proposed amendment
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irregularity. If the appeal is rein
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taking into consideration all relev
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(c) Service (d) Response (e) Hearin
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Family Law Article, Titles 1 and 5
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Agency Guardianship), Form 9-102.9
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(C) Notice The court shall send to
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(c) If I choose to seek the appoint
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child or I or my child's other biol
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the right to be notified when the p
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3. Right to Attorney. I understand
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adopt me and I will no longer be th
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had it read to me in a language tha
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in subsection (b)(2)(B)(iv) and add
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(H) If the person to be adopted is
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equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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this document. B. Right to Speak wi
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of your child or for your agreement
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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Social Services Administration of t
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CONSENT OF ________________________
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Human Resources for adoption search
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knowledge, information, and belief.
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___________________________________
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knowledge, information, and belief.
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terminate parental rights and adopt
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party; (5) past or current mental h
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REPORTER’S NOTE Proposed new Rule
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of child’s counsel. The terminolo
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their roles as parents or custodian
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waived or (2) placing the waiver or
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Each court should develop a compens
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Rule 2-504 is proposed to be amende
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They are not designed to be a basis
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whether because of minority, mental
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follows: MARYLAND RULES OF PROCEDUR
Page 235 and 236: Cross reference: See Md. Const., Ar
Page 237 and 238: Under the proposed amendment, excep
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Page 243 and 244: Counsel to issue a subpoena to obta
Page 245 and 246: The Board may authorize a further i
Page 247 and 248: (l) Action by Commission The Commis
Page 249 and 250: (1) Upon application by Investigati
Page 251 and 252: MARYLAND RULES OF PROCEDURE TITLE 1
Page 253 and 254: 2. "Local administrative judge" mea
Page 255 and 256: (iii) The use of electronic or phot
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Page 259 and 260: 3. 6. Not more than one audio syste
Page 261 and 262: New language is proposed to be adde
Page 263 and 264: In addition to the mailed notice, t
Page 265 and 266: Upon payment in cash or by certifie
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Page 273 and 274: MARYLAND RULES OF PROCEDURE APPENDI
Page 281 and 282: issues. In light of this change, th
Page 283 and 284: REPORTER’S NOTE See the Reporter
Page 285: price as set forth in the report of
Page 289 and 290: follows: MARYLAND RULES OF PROCEDUR
Page 295 and 296: REPORTER’S NOTE Russell Butler, E
Page 297 and 298: (1) Contents (2) Exhibits (c) Petit
Page 303 and 304: The time for revocation of consent
Page 307 and 308: the guardian and a reference to the
Page 309 and 310: in compliance with the jurisdiction
Page 311 and 312: epresented. (4) §§5-3B-06 and 5-3
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Page 317 and 318: (Note to Drafter of Show Cause Orde
Page 319 and 320: participate effectively in the adop
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Page 323 and 324: [ ] I am the person to be adopted a
Page 327 and 328: The court shall order an investigat
Page 329 and 330: If the show cause order is served o
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Before entering a judgment of adopt
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the Department of Health and Mental
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If you are unable to afford a lawye
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consent form will also be filed in
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D. Notice ending (termination) of m
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________________________________ (C
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You have the right to speak with a
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1. The adoption agency does not pla
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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You have the right to speak with a
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I. Access to Birth and Adoption Rec
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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________________________________ (A
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