Rule 4-204.5. Letters of Instruction


(a) In addition to dismissing a complaint, theInvestigative Panel, or subcommittee of the Panel, may issue a letter of instruction in anydisciplinary case upon the following conditions:

 

(1) the case has been thoroughly investigated, the  respondent has been notified of and has had an opportunity to answer the charges brought against  him, and the case has been reported to the entire Panel, or subcommittee of the Panel, assembled  at a regularly scheduled meeting; and

 

(2) the Investigative Panel, or subcommittee of the  Panel, as evidenced through the majority vote of its members present and voting, is of the opinion  that the respondent either:

 
   

(i) has not engaged in conduct which is in    violation of the provisions of Part IV, Chapter 1 of these rules; or

   

(ii) has engaged in conduct that although    technically in violation of such rules is not reprehensible, and has resulted in no harm or    injury to any third person, and is not in violation of the spirit of such rules; or

   

(iii) has engaged in conduct in violation of the    Code of Professional Responsibility of Part III of these rules or any recognized voluntary creed    of professionalism;

 

(b) Letters of instruction shall contain a statement ofthe conduct of the respondent which may have violated Part III of these rules or the voluntary creedof professionalism.

(c) A letter of instruction shall not constitute afinding of any disciplinary infraction.