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Maine Rules of Professional Conduct
The Maine Supreme Judicial Court adopted the Maine Rules of Professional Conduct with an effective date of August 1, 2009. On the same date Maine Bar Rule 2-A (Aspirational Goals for Lawyer Professionalism), Maine Bar Rule 3 (Code of Professional Responsibility) and Maine Bar Rule 8 (Contingent Fees) were abrogated, as they were replaced by the Maine Rules of Professional Conduct.
To aid in interpreting these new Rules, they have been published with the Preamble, comments and reporter's notes. In its publication order, the Court addressed the Preamble, comments and reporter's notes as follows:
The specific rules of the Maine Rules of Professional Conduct are stated below. To aid in understanding of the rules, a Preamble from the Maine Task Force on Ethics precedes the rules, and the text of each rule is followed by comments and reporter's notes. The Preamble, comments and reporter's notes state the history of and reasons for recommending the rules, discuss the relation of the new rules to the current Code of Professional Responsibility, and offer interpretations of the new rules, but the Preamble, comments and reporter's notes are not part of the rules adopted by the Court.
Table of Contents
(Including amendments through November 1, 2014)
Client-Lawyer Relationship
- 1.1 Competence
- 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer
- 1.3 Diligence
- 1.4 Communication
- 1.5 Fees
- 1.6 Confidentiality of Information
- 1.7 Conflict-of-Interest: Current Clients
- 1.8 Conflict-of-Interest: Current Clients: Specific Rules
- 1.9 Duties to Former Clients
- 1.10 Imputation of Conflicts-of-Interest: General Rule
- 1.11 Special Conflicts-of-Interest of Former and Current Government Officers and Employees
- 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
- 1.13 Organization as Client
- 1.14 Client with Diminished Capacity
- 1.15 Safekeeping Property, Client Trust Accounts, Interest on Trust Accounts
- 1.16 Declining or Terminating Representation
- 1.17A Sale of Law Practice
- 1.18 Duties to Prospective Client
Counselor
- 2.1 Advisor
- 2.2 [Reserved In the Model Rules]
- 2.3 Evaluation for Use by Third Persons
- 2.4 Lawyer Serving as Third-Party Neutral
Advocate
- 3.1 Meritorious Claims and Contentions
- 3.2 Expediting Litigation
- 3.3 Candor Toward the Tribunal
- 3.4 Fairness to Opposing Party and Counsel
- 3.5 Impartiality and Decorum of the Tribunal
- 3.6 Trial Publicity
- 3.7 Lawyer as Witness
- 3.8 Special Responsibilities of a Prosecutor
- 3.9 Advocate in Nonadjudicative Proceedings
Transactions with Persons other than Clients
- 4.1 Truthfulness in Statements to Others
- 4.2 Communications With Person Represented by Counsel and Limited Representation
- 4.3 Dealing with Unrepresented Person
- 4.4 Respect for Rights of Third Persons; Inadvertent Disclosures
Law Firms and Associations
- 5.1 Responsibilities of Partners, Managers, and Supervisors
- 5.2 Responsibilities of a Subordinate Lawyer
- 5.3 Responsibilities Regarding Nonlawyer Assistants
- 5.4 Professional Independence of a Lawyer
- 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law
- 5.6 Restrictions on the Right to Practice
- 5.7 Responsibilities Regarding Law-Related Services
Public Service
- 6.1 Voluntary Pro Bono Publico Service
- 6.2 Accepting Appointments
- 6.3 Membership in Legal Services Organization
- 6.4 Law Reform Activities Affecting Client Interest
- 6.5 Nonprofit and Court-Annexed Limited Legal Services and Programs
Information About Legal Services
- 7.1 Communications Concerning a Lawyer's Services
- 7.2 Advertising
- 7.2-A Aspirational Goals for Lawyer Advertising
- 7.3 Direct Contact with Prospective Clients
- 7.4 Communication of Field of Practice and Specialization
- 7.5 Firm Names and Letterheads
- 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges
