The Maryland Supreme Court has reinstated attorney Brendan Michael O'Brien to the state bar, granting his petition for reinstatement in an order signed Jan. 23, 2026, by Chief Justice Matthew J. Fader.
The court's order in AG No. 37 allows O'Brien to resume practicing law as a member of the Maryland Bar after what appears to be a period of suspension or disbarment. The brief order provides no details about the underlying disciplinary action that led to O'Brien's removal from practice or the circumstances that warranted his reinstatement.
"Upon consideration of Brendan M. O'Brien's petition for reinstatement and Bar Counsel's response to the petition," the court wrote, "it is ordered that the petition is granted."
The order further states that "Brendan Michael O'Brien is reinstated as a member of the Bar of Maryland" and directs the clerk to provide notice in accordance with Rule 19-761, which governs public notification requirements for attorney disciplinary matters.
Bar Counsel, the state agency responsible for investigating attorney misconduct and representing the public interest in disciplinary proceedings, responded to O'Brien's petition before the court made its decision. The nature of Bar Counsel's response is not detailed in the public order, leaving unclear whether the agency supported or opposed the reinstatement request.
Attorney reinstatement cases in Maryland require petitioners to demonstrate they have addressed the issues that led to their discipline and are fit to resume practice. The process typically involves a thorough review of the attorney's conduct during the suspension period, evidence of rehabilitation, and assessment of their current fitness to practice law.
Under Maryland's attorney disciplinary system, lawyers who have been suspended or disbarred may petition for reinstatement after meeting certain requirements, which can include completing continuing legal education, undergoing psychological evaluation if substance abuse or mental health issues were involved, and demonstrating good moral character.
The Maryland Supreme Court, which has ultimate authority over attorney discipline in the state, considers these petitions on a case-by-case basis. The court weighs factors including the severity of the original misconduct, the length of time since discipline was imposed, evidence of rehabilitation, and the attorney's fitness to resume practice.
Rule 19-761, referenced in the order, requires public notice of attorney disciplinary actions and reinstatements. This rule ensures transparency in the attorney discipline process by making information about professional sanctions and reinstatements available to the public and the legal community.
The case was filed during the September 2025 term of the Maryland Supreme Court, indicating O'Brien's petition was submitted several months before the court's decision. The timing suggests the court conducted a thorough review of the reinstatement request and Bar Counsel's response before granting the petition.
O'Brien's reinstatement adds him back to Maryland's active bar membership, restoring his ability to represent clients, appear in court, and engage in all activities that require an active law license in the state. The reinstatement is effective immediately upon the court's order.
The order does not specify any conditions or restrictions on O'Brien's practice, suggesting he has been restored to full membership without limitations. Some attorney reinstatements include probationary periods or practice restrictions, but the Maryland Supreme Court's order contains no such conditions.
Attorney disciplinary matters in Maryland are handled through a multi-tiered system that includes investigation by Bar Counsel, proceedings before hearing panels, and ultimate review by the state's highest court. The system is designed to protect the public while providing due process for attorneys facing professional sanctions.
The reinstatement represents the final step in Maryland's disciplinary process for attorneys seeking to return to practice after suspension or disbarment. The court's willingness to grant the petition suggests O'Brien successfully demonstrated his fitness to resume practicing law and addressed whatever issues led to his original discipline.
Maryland joins other states in maintaining procedures for attorney reinstatement, recognizing that disciplinary action serves both punitive and rehabilitative purposes. The availability of reinstatement procedures reflects the legal profession's recognition that attorneys who address their professional deficiencies should have opportunities to return to practice when appropriate.
The clerk's office will provide notice of the reinstatement as required by court rules, ensuring the legal community and public are informed of O'Brien's return to active practice in Maryland.