| Academic Degree [Top] |
| |
Doctor, use of title |
|
| |
Professional titles, use with J.D. |
|
| |
| Accountants [Top] |
| |
Partnerships with attorneys, formation of |
|
| |
|
|
Acquiring Interest in Litigation See Conflict
of Interest. [Top] |
| |
| Advertising [Top] |
| |
Advertised flat fees, departure from |
|
| |
Business entities, purchase of documents prepared by |
|
| |
Consulting services, attorney as shareholder of nonprofessional corporation |
|
| |
Escrow agent, law firm as |
|
| |
Firm Names |
|
| |
|
"Of counsel" |
|
| |
|
Deceased partner's name, retention of |
|
| |
|
Public official's name, retention of, former firm member |
|
| |
|
Suspended attorney's name, retention of |
|
| |
Law associates, informal partnerships, use of expression |
|
| |
Law lists or directories, national networks, membership in |
|
| |
Letterhead - Corporate |
|
| |
|
Stockholders, use of title "Esq." |
|
| |
Law firms, names of |
|
| |
|
Deceased partner's name, retention of |
|
| |
|
Former member's name, retention of |
|
| |
|
Law associates, use of term |
|
| |
|
Non-lawyer's name, listing of |
|
| |
|
Suspended attorney's name, retention of |
|
| |
Marketing organization, private consultations obtained by, compensation to |
|
| |
Mediation service, divorce |
|
| |
Professional titles, use with J.D. |
|
| |
Public communications, solicitation of employment by |
|
| |
|
Letter to individual |
|
| |
|
Newsletter |
|
| |
|
Newspaper, personal injury cases |
|
| |
Referral service |
|
| |
|
Attorney operated |
|
| |
|
Maine Lawyer Referral Service |
|
| |
|
Web site referral service, participation in |
|
| |
|
Specialist, use of term |
|
| |
|
Title companies, law firms as, listing of |
|
| |
|
|
|
| Advisory Opinions [Top] |
| |
Professional Ethics Commission, jurisdiction |
|
| |
Affidavits. See also Conflict of Interest, Witnesses,
Withdrawal [Top] |
| |
Attorney, field by |
|
| |
Appearance of Impropriety. See also Conflict
of Interest. [Top] |
| |
Assistant District Attorney |
|
| |
|
Representation of criminal defendant by firm of |
|
| |
|
Representation of criminal defendant, spousal relationship with |
|
| |
|
Former clients, representation against |
|
| |
|
Limiting representation, pro se clients |
|
|
|
Public office, lawyer on municipal planning Board |
|
| |
Public officials, association with litigation against city agencies and employees |
|
| |
| Associates. See also Partnerships. [Top] |
| |
Accountants, partnerships with attorneys |
|
| |
Divorce cases, interest conflicts within firm |
|
| |
Employment agreement, noncompetition clause |
|
| |
Law associates, informal partnerships, use of expression |
|
| |
| Attorney General See also Prosecutors. [Top] |
|
| |
Entry into private firm, firm disqualification |
|
| |
Written consent from, when required |
|
| |
| Attorney-Client Privilege. See Confidentiality. [Top] |
| |
ATTORNEY-CLIENT RELATIONSHIP. See also Client Files.
Client Files. Client Funds. Commencement of Representation.
Communications. Confidentiality. Conflict of Interest. Fees.
Termination of Representation. Withdrawal. [Top] |
| |
Conduct giving rise to |
|
| |
Confidences and secrets, prospective clients |
|
|
Deceased client, confidential information
requested by Personal Representative |
|
| |
Insurance company and insured, representation of |
|
| |
Mediator, attorney as |
|
| |
Office of Advocacy, lawyer and non-lawyer advocates. |
|
| |
Pro se |
|
| |
|
Limited representation, attorney drafted complaint |
|
| |
|
Volunteer Lawyers Project |
|
| |
| Banks. See also Client Funds. [Top] |
| |
Security arrangements, accounts receivable,
disclosure of client information |
|
| |
Title searches, representation of bank and borrower |
|
| |
| Class Actions [Top] |
| |
"Superfund" litigation, propriety of multiple representation |
|
| |
Government agencies, filing against and payment received from |
|
| |
Statutory fees collected from adverse party, pre-settlement negotiations |
|
| |
| Clerks. See Law Clerks [Top] |
| |
| Client Confidences. See Confidentiality. [Top] |
| |
| Client Files [Top] |
|
Deceased client, confidential information
requested by Personal Representative |
|
| |
Delivery |
|
| |
|
File contents that the client is entitled to receive |
|
| |
|
Termination of employment |
|
| |
Disposition |
|
| |
|
Closed file |
|
| |
|
Deceased or disabled lawyer |
|
| |
|
Delivering the file at the client's request |
|
| |
Liens, conditions placed on furnishing files |
|
| |
Storage |
|
|
File/data delivered to third-party vendor for
electronic storage |
|
|
Paper copies transferred to electronic storage |
|
| |
Maintenance: Obligation to maintain file |
|
| |
|
Electronic formats |
|
| |
| Client Funds [Top] |
| |
Retainers, advances and fees, deposit and withdrawal of |
|
| |
Settlements, remitting proceeds |
|
| |
|
Collection agencies |
|
| |
|
Divorce decrees, as instructed by |
|
| |
Trust accounts |
|
| |
|
Out of state accounts, deposit in |
|
| |
|
Real estate, escrow |
|
| |
|
|
|
Client's Decision Making Authority [Top] |
| |
Incapacity, mental |
|
| |
Insureds and insurer, representation of, defense strategy |
|
| |
Pleas, entering of, insanity defense |
|
| |
|
Collection agencies |
|
| |
|
Divorce decrees, by order of |
|
| |
|
|
|
Client. See also Attorney-Client Relationship. Client's
Decision Making Authority. Client Files. Client Funds.
Confidentiality. Public Interest Legal Services. [Top] |
| |
|
|
| |
|
|
|
| Code of Cooperation [Top] |
| |
Maine Bar and Medical Association, violation of |
|
| |
|
|
|
| Collection Agencies [Top] |
| |
Fee sharing arrangements |
|
| |
Settlements, remitting proceeds to |
|
| |
|
|
Commencement of Representation. See also Attorney-
Client Relationship. Conflict of Interest. Disclosure [Top] |
| |
Disclosure of interests, consent requirement |
|
| |
Attorney General, written consent |
|
| |
|
Familial relations |
|
| |
Attorney-legislator, firm member of |
|
| |
Board of Overseers of the Bar, board member and member of firm initiating grievance complaint |
|
| |
Committee or group representation, "Superfund" litigation |
|
| |
Familial relations |
|
| |
Insurer, subrogated |
|
| |
Interest in client, limited partnership |
|
| |
Office sharing arrangements, attorneys participating in |
|
| |
Partners and associates, representation of adverse parties |
|
| |
Prior judicial activity |
|
| |
Former administrative agency board member, entry into private firm |
|
| |
Probate judge, partner in representing attorney's firm |
|
| |
Public Advocate, counsel to, Public Utilities Commission cases |
|
| |
Simultaneous representation |
|
| |
|
Adoption proceedings |
|
| |
|
Insurance company and insureds |
|
| |
|
Title companies, attorney-agent |
|
| |
Successive representation |
|
| |
|
Former clients, litigation against |
|
| |
|
Lobbying activity, representation of interest groups |
|
| |
|
Witness, lawyer called as |
|
| |
Employment agreements |
|
| |
|
Arbitration clauses |
|
| |
|
Noncompetition clause |
|
| |
Identifying commencement |
|
| |
|
Associate's clients, termination of employment by partner |
|
| |
|
Insurance company and insureds |
|
| |
|
Mediation service |
|
| |
|
Probate, beneficiaries of estate, identification of client |
|
| |
|
Title searches, identification of client |
|
| |
Legal aid clinics, law school affiliated |
|
| |
Limited representation, pro se |
|
| |
Newsletter, solicitation of employment by, general public |
|
| |
Referral service, lawyer serving as |
|
|
Referrals, conflict cases, division of fees |
|
| |
Referral from legal services organization |
|
| |
|
|
| Communications [Top] |
|
Data/file storage with third-party vendor |
|
|
Deceased client, confidential information
requested by Personal Representative |
|
| |
Ex parte |
|
| |
|
Final decree, attorney drafted |
|
| |
|
Letter, received by client during hearing |
|
|
Newsletters, general public |
|
|
Non-firm
attorneys, consultation with |
|
|
Parties |
|
| |
|
Adverse party, represented |
|
| |
|
Debtors, reporting bad checks |
|
|
Disabled clients, relatives of |
|
|
Insurance adjuster, as named party and corporate employee of adverse party |
|
|
Municipalities |
|
| |
|
Amicus brief, filing of, counsel representing adverse municipality |
|
| |
|
Council members of |
|
| |
|
Employee grievance proceedings |
|
| |
|
Office of Advocacy, exception to Bar Rules |
|
| |
|
Workers' compensation insurer, representation of, communication with employer |
|
|
Use of confidential information from referral |
|
|
Witnesses, plaintiff's doctor |
|
|
Attorneys handling of fees in Social Security Administration case where client was previously represented by a non-attorney advocate. |
|
|
|
|
Conduct. See also Client Funds. Communications.
Confidentiality. [Top] |
| |
During litigation |
|
| |
|
Appearance, failure to make at client's request |
|
| |
|
Contingent fee agreements, proprietary interests |
|
| |
|
Criminal evidence, custody of, improper concealment |
|
| |
|
Ex parte communications, attorney drafted final decrees |
|
| |
|
Limited partnership interest in client |
|
| |
|
Litigation costs, advancement of, transfer of finance costs to client |
|
|
|
Litigation costs, aiding client in obtaining
loan from third-party commercial lender |
|
|
|
Litigation costs, non-recourse loan obtained by
attorney |
|
| |
|
Privileged documents of adverse party, inadvertent disclosure by opposing counsel |
|
| |
|
|
|
| |
|
Public prosecutor, duty of, Public Utilities Commission cases |
|
| |
|
Transmission, retrieval and use of metadata embedded in documents |
|
| |
During representation |
|
| |
|
Collection proceedings, criminal violation charges in civil matter |
|
| |
|
Communications with insured-employer, settlements, worker's compensation claims |
|
| |
|
Court appointed cases, attorney competency |
|
| |
|
Grievance complaint, threat to file |
|
| |
|
Pleas, entering on client's behalf, consent requirement |
|
|
|
Termination of law practice, death or disability, client files |
|
| |
|
Communications
with clients by unencrypted e-mail |
#195 |
| |
Title searches, bank or borrower interests, avoiding misreliance |
|
| |
|
|
|
| Confidentiality [Top] |
| |
Address of client, disclosure by court order |
|
| |
Billing information, disclosure to insurance auditing company |
|
| |
Closed client files, disposal of |
|
|
Communications with clients by unencrypted
e-mail |
#195 |
| |
Consultations, non-firm attorneys, client consent |
|
| |
Court orders, client's defiance of, disclosure |
|
| |
Criminal evidence, taking custody of |
|
|
Deceased client, confidential information
requested by Personal Representative |
|
| |
Fees charged, disclosure to Bar Association referral service |
|
| |
File storage business, attorney operated |
|
|
File/data storage business, contract with
third-party vendor |
|
| |
Financial information of client, disclosure of |
|
| |
Financing agencies, fee arrangements with |
|
| |
Former clients, litigation against |
|
| |
Grievance proceedings, use of client confidences in defense of |
|
| |
Letter, received by client during hearing |
|
| |
Lobbying activity, successive representation of interest groups. |
|
| |
Mediation services, obligations to clients |
|
| |
Mental incapacity of client, disclosure of |
|
| |
Nonprofit Board of Directors provides services to domestic violence victims, attorney member's obligation to preserve confidences between organization and a party receiving its services |
|
| |
Non-lawyer employees, preservation of confidences |
|
| |
Perjury of client, disclosure of |
|
| |
Privileged documents of adverse party, inadvertent disclosure by opposing counsel |
|
| |
Prospective clients, obligation towards |
|
| |
|
Divorce proceedings, representation of opposing parties |
|
| |
|
Office sharing arrangements, attorneys participating in |
|
| |
Security Agreements, accounts receivable infromation |
|
|
Transmission, retrieval and use of metadata embedded in documents |
|
|
Use of confidential information from inquiry by pro bono legal services organization |
|
| |
Volunteer Lawyers Project |
|
| |
|
|
|
Conflict of Interest. See also Commencement of
Representation. [Top] |
| |
"Issue" or "positional" conflict |
|
| |
Board of Overseers of the Bar, board member and member of firm initiating grievance complaint |
|
| |
Employees, conflict created by, screening |
|
| |
File storage business, attorney operated |
|
| |
Independent judgment, effect on. See also Lawyer's own interest. Simultaneous representation. |
|
| |
|
Attorney General, private firm representing municipalities and employed by |
|
| |
|
Attorney-County Commissioner, private representation of criminal and civil litigants |
|
| |
|
Class actions, prospective filing against and payment for past services by government agency |
|
| |
Familial relations |
|
| |
Office sharing arrangements, attorneys participating in |
|
| |
Public officials |
#1, #28, #29, #38, #39, #45, #52, #67, #72, #90, #94, #109 |
| |
Referral service, influence on representation |
|
| |
Salaried staff member, attorney as, nonprofit corporation |
|
| |
Simultaneous representation |
|
| |
Written consent from Attorney General, requirement of |
|
| |
Lawyer's own interest, adverse effect on |
|
| |
|
Attorney-directors, serving as board member and counsel |
|
| |
|
Brokerage firm, relationship with, real estate transactions, disclosure |
|
| |
|
Class actions, negotiation of fees |
|
| |
|
Current clients, litigation against. |
|
| |
|
Familial relations |
|
| |
|
|
District Attorney's Office |
|
| |
|
Referral fee, collection contingent upon separate action |
|
| |
|
Referrals, compensation for, investment advisory firms |
|
| |
|
Security interests |
|
| |
|
|
Client property, mortgage placed on |
|
| |
|
|
Divorce, mortgage placed on martial property |
|
| |
|
Witness, attorney called as |
|
| |
Legal aid clinic, law school affiliated |
|
| |
Mediation Services |
|
| |
|
"Of counsel" affiliation with law firm |
|
| |
|
Law firms, offered by, divorce actions |
|
| |
Nonprofit Board of Directors provides services to domestic violence victims, attorney member's conflict disclosure and consent requirements when client's adversary receives benefits from that nonprofit agency |
|
| |
Nonprofit corporation, attorney as salaried staff member of |
|
| |
Office of Advocacy, lawyer and non-lawyer advocates |
|
| |
Office sharing arrangements, attorneys participating in |
|
| |
Partners or associates, representation of adverse parties, divorce proceedings |
|
| |
Police Legal Advisor, transfer to City Corporation Counsel Office |
|
| |
Prior judicial activity |
|
| |
|
Complaint Judge-attorney, issuance of search warrants on clients |
|
| |
|
Former administrative agency board member, entry into private firm |
|
| |
|
Probate judge, member of representing attorney's firm |
|
| |
|
Register of Probate Court, firm member serving as guardian ad litem |
|
| |
Simultaneous representation |
|
| |
|
"Superfund" litigation |
|
| |
|
Adoption proceedings |
|
| |
|
Adverse parties, representation in unrelated cases, "positional" conflict |
|
| |
|
Assistant district attorney, member of private firm |
|
| |
|
Bank and borrower, title searches |
|
| |
|
Buyer and seller, attorney-escrow agent |
|
| |
|
Current clients, initiating litigation against, disclosure requirement |
|
| |
|
Driver and passenger, representation of, personal injury cases |
|
| |
|
Insured and subrogated insurer |
|
| |
|
Insured defendants, multiple representation provided by insurance company |
|
| |
|
Minor children as clients, independent claims of parents in same action |
|
| |
|
Probate, beneficiaries of estate |
|
| |
|
Public officials, lawyers elected as, representation of civil and criminal litigants |
|
| |
|
Retailer and buyer, representation against manufacturer |
|
| |
|
Town Counsel, partner serving as, appeal made before |
|
| |
Successive representation |
|
| |
|
Former clients, representation adverse to |
|
| |
|
|
Non-attorney employees |
|
| |
|
|
Public prosecutor, Public Utilities Commission cases |
|
| |
|
Government attorney, firm disqualification |
|
| |
|
Lobbying activity, representation of interest groups |
|
| |
Volunteer Lawyers Project, referrals made by, Pine Tree Legal |
|
| |
Witness, lawyer called as |
|
| |
|
Affidavit, filed by attorney |
|
| |
|
|
|
| Contingent Fees [Top] |
| |
Co-counsel, division with attorney-witness |
|
| |
Computation, alternative methods, hourly fees |
|
| |
Division of, fee sharing |
|
| |
|
Referral to non-partner |
|
| |
Divorce actions, use in |
|
| |
|
Post-judgment motions, motion to enforce |
|
| |
|
Pro bono cases |
|
| |
Expenses of litigation, advancement of, written agreements |
|
|
Expenses of litigation, aiding client in
obtaining loan from third-party commercial
lender |
|
|
Expenses of litigation, loans to attorneys |
|
| |
Fixed fees, contingencies upon specific results |
|
|
Pro bono referral |
|
| |
Real property interests |
|
| |
Referral fee, contingent upon separate action, divorce cases |
|
|
Sharing fees with non-lawyers |
|
| |
Statutory fee provisions, collection with regards to |
|
| |
|
|
| Corporations [Top] |
| |
Board of Directors |
|
| |
|
Attorney-director, obligations to clients and corporation |
|
| |
|
Representing attorney serving as member of Board |
|
| |
Business partnership with non-lawyer, formation of |
|
| |
Counsel, "of counsel" relationship |
|
| County Officials. See also Public Officials. [Top] |
| |
| Court-Appointed Attorneys [Top] |
| |
Acceptance of appointment, obligations |
|
| |
Indigent clients, financial status, privileged information |
|
| |
Unsolicited gifts, acceptance of |
|
| |
|
|
| Criminal Representation [Top] |
| |
Assistant District Attorney |
|
| |
Defense by firm of |
|
| |
Defense, spousal relationship with |
|
| |
Evidence, client's disclosure of, duties of attorney |
|
| |
Indigent clients, obligation to provide |
|
| |
|
|
| Deceased Attorney [Top] |
| |
Client files, disposition of, solo practitioners |
|
| |
Letterheads, retention of name on |
|
| |
|
|
Disclosure. See also Commencement of Representation.
Confidentiality. Conflict of Interest. [Top] |
| |
"Of counsel," mediator's affiliation with law firm |
|
| |
Client confidences |
|
|
|
Deceased Client: Confidential Information Requested by Personal Representative |
|
|
| |
|
Grievance complaint, use in defense of |
|
| |
|
Inadvertent disclosure of |
|
| |
Client fees |
|
| |
|
Insurance auditing company |
|
| |
|
Post-judgment actions, divorce, contingent fees |
|
| |
|
Referral service |
|
| |
Contingent fee arrangements, relationship with statutory fee provisions |
|
| |
Contingent referral fees |
|
|
Deceased client, confidential information
requested by Personal Representative |
|
| |
Financial information, indigent clients |
|
| |
Fraud, client |
|
| |
Incapacity of client |
|
| |
Misconduct, members of administrative tribunal |
|
| |
Nonprofit Board of Directors provides services to domestic violence victims, attorney member's conflict disclosure and consent requirements when client's adversary receives benefits from that nonprofit agency |
|
| |
Perjury, client |
|
| |
Prospective clients, interest conflicts |
|
| |
|
Brokerage firm, relationship with, real estate transactions, disclosure |
|
| |
|
Familial relations |
|
| |
|
Financial relationships, commissions, attorney-agent of title company |
|
| |
|
Public officials, firm members of |
|
| |
|
Volunteer Lawyers Project, Lawyer of the Day |
|
| |
Real-estate transactions |
|
| |
|
Non-clients, obligations towards |
|
| |
|
Title companies, attorney owned, law related services |
|
| |
|
|
|
Disqualification. See also Conflict of Interest. Withdrawal
from Employment. [Top] |
| |
"Of counsel," mediator's affiliation with law firm |
|
| |
Attorney-legislator, firm members of |
|
| |
District Attorney, private firm representing municipalities and employed by |
|
| |
Former government attorney, firm or associates of |
|
| |
Legal aid clinic, law school affiliated |
|
| |
Non-lawyer staff, interest conflict created by |
|
| |
Prior judicial activity |
|
| |
|
Assistant district attorney, member of private firm |
|
| |
|
Former administrative board member, entry into private firm |
|
| |
|
Probate judge, partner of representing attorney's firm |
|
|
Public office, lawyer on municipal planning Board |
|
| |
Witness, attorney called as |
|
| |
|
District Attorney's office |
|
| |
|
|
| District Attorney. See Prosecutors. [Top] |
| |
|
|
| Division of Legal Fees. See Fees. [Top] |
| |
|
|
| Divorce [Top] |
| |
Adverse parties, representation of, client confidences |
|
| |
Contingent fees, use of |
|
| |
|
Post-judgment motions, motion to enforce |
|
| |
Contingent referral fees, independent actions, interest conflicts |
|
| |
Mediation Service, law firm as |
|
| |
Property, mortgage placed on, pecuniary interest in |
|
| |
|
Martial property |
|
| |
|
Post-judgment property |
|
| |
|
Settlements, remitting proceeds of |
|
| |
|
|
| Dual Practice [Top] |
| |
"Of counsel," relationship with law firm |
|
| |
Assistant District Attorney, private firm member serving as |
|
| |
Attorney-County Commissioner |
|
| |
Marriage counselor, attorney serving simultaneously as |
|
| |
Title company |
|
| |
|
Attorney as agent for |
|
| |
|
Listing of law firm as. |
|
| |
|
|
| Dual Representation. See Conflict of Interest. [Top] |
| |
|
|
| Employees [Top] |
| |
Client confidences, breach |
|
| |
Conflict of interest created by, imputed disqualification |
|
| |
Letterheads, office manager, listing of |
|
| |
Profit sharing arrangements |
|
| |
Screening, conflict of interest cases |
|
| |
|
|
Employment Agreements . See Commencement of
Representation. [Top] |
| |
| Escrow Accounts. See Real Estate. [Top] |
| |
| Ethics Commission. See Professional Ethics Commission. [Top] |
| |
| Evidence [Top] |
| |
Criminal evidence, disclosure by client, duty to disclose |
|
| |
|
|
| Ex Parte Communications. See Communications [Top] |
| |
| Familial Relations. See also Conflict of Interest. [Top] |
| |
Related lawyers, firms of |
|
| |
Spousal relationship |
|
| |
|
"Of counsel" affiliation, spouse of partner in firm |
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| |
|
Counsel for adverse party, partner of, Assistant District Attorney |
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| |
|
District Attorney's office, member of, defense of case prosecuted by |
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| |
|
Referrals, real estate transactions |
|
| |
| Fees. See also Contingent Fees. [Top] |
| |
Arbitration, submission to. |
|
| |
Board of Directors, attorney as member and counsel for, compensation approval |
|
| |
Class actions |
|
| |
Client files, disposition or storage of |
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| |
Client trust account, deposit and withdrawal of fees from |
|
| |
Commissions, received by attorney-agents |
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| |
Disclosure of |
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| |
Division of fees, fee sharing |
|
| |
|
in "Of counsel" relationships |
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| |
|
Collection agencies, commission sharing |
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Conflict of interest |
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| |
|
Firm employees |
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| |
|
Non-lawyers |
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| |
|
Public Interest Litigation Organization |
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| |
|
Referral service, attorney or law firm owned |
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| |
|
Referring attorneys, non-partners |
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| |
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|
Witness in referral case |
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| |
Financing agencies, arrangements with |
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|
Fixed fee - departure from |
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| |
Fixed fees, advertisement of, departure from |
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| |
Grievance complaint, charge for defending |
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| |
Incremental time units, use of |
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| |
Law lists or directories, membership in national networks, payments made to third parties |
|
| |
Litigation expenses, advancement of, transfer of financing costs to client. |
|
|
Litigation expenses, aiding client in obtaining
loan from third-party commercial lender |
|
|
Litigation expenses, non-recourse loan obtained
by attorney |
|
| |
Mediation service, division with non-lawyer |
|
|
Pro bono referral |
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| |
Referral fees |
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| |
|
Computation, percentage of client's fee |
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| |
|
Investment advisory firms |
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| |
|
Maine Lawyer Referral Service |
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| |
|
Private referral service, collected by |
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| |
Retainers, return of |
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| |
Security interests |
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| |
|
Bank, interest granted to, accounts receivable |
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| |
|
Client property, mortgage placed on |
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| |
|
Divorce, mortgage placed on property |
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| |
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|
Marital property |
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| |
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Post-judgment property |
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| |
|
Statutory fee provisions, pre-settlement negotiations, class actions |
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| |
|
Unsolicited gifts, acceptance of, court-appointed attorney |
|
|
Attorneys handling of fees in Social Security Administration case where client was previously represented by a non-attorney advocate. |
|
| |
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| |
|
Files. See Client Files. [Top] |
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|
|
| Foreclosures [Top] |
| |
Witness, lawyer for mortgagee called as, attorney's fees |
|
| |
| Former Clients. See Confidentiality. Conflict of Interest. [Top] |
| |
| Fraud. See also Withdrawal. [Top] |
| |
Court orders, violation of, by client |
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| |
Financial status, changes in, disclosure of, indigent clients |
|
| |
Insureds and insurer, representation of, client's instructions on defense strategy |
|
| |
Perjury, client's disclosure of |
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| |
Privileged documents of adverse party, inadvertent disclosure by opposing counsel |
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| |
|
|
| Grievance [Top] |
| |
Board of Overseers of the Bar member, representation of filing party |
|
| |
Complainant attorney, obligation to report |
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| |
Complaint, filing of, withdrawal, settlements |
|
| |
Defense |
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| |
|
Client confidences, disclosure of |
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| |
|
Fees, collection from complainant |
|
| |
|
|
| Grievance Commission [Top] |
| |
Jurisdiction |
|
| |
|
|
| Impropriety. See Appearance of Impropriety. [Top] |
| |
|
|
| Informed Consent. See Conflict of Interest. [Top] |
| |
| Insurance [Top] |
| |
Insurance companies, retained by, client defined |
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| |
Subrogated insurer and insured, simultaneous representation of |
|
|
Public office, lawyer on municipal planning Board |
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| |
Worker's compensation, representation of employer's insurer |
|
| |
|
|
| Interest of Lawyer. See Conflict of Interest. [Top] |
| |
|
|
| Judges [Top] |
| |
Probate judge, partner of representing firm, interest conflict |
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| |
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|
| Judgments [Top] |
| |
Written communications, final decrees prepared by attorney |
|
| |
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|
| Judicial Education [Top] |
| |
Fundraising, lawyers involved in |
|
| |
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| Law Clerks [Top] |
| |
City Council, appearance before, council member as member of clerk's firm |
|
| |
Legal clinics, law school affiliated |
|
| |
|
|
| Law Lists. See Advertising. [Top] |
| |
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|
| Law Related Services [Top] |
| |
File storage business, attorney operated |
|
| |
Title companies, attorney proprietary interest in |
|
| |
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|
| Lawyer Referral Services [Top] |
| |
Attorney operated, fee collection for |
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| |
Fees, collection of |
|
|
Indigent clients for pro bono representation |
|
| |
National attorney networks, membership in |
|
| |
|
|
Lawyer's Independent Judgment. See Conflict
of Interest. [Top] |
| |
|
|
| Legal Assistants. See Employees. [Top] |
| |
|
|
| Legal Clinics [Top] |
| |
Law school affiliated, limitations |
|
| |
|
|
Legal Services. See also Lawyer Referral Services. Legal
Clinics. Public Interest Legal Services. [Top] |
| |
Corporation, formation with non-lawyers, practice of law defined |
|
| |
|
|
| Letterheads. See Advertising. [Top] |
| |
|
|
| Liability. See also Malpractice. [Top] |
| |
Limiting |
|
| |
|
Real estate title opinions |
|
| |
|
To client |
|
| |
|
Non-lawyer assistants, breach of client confidences |
|
| |
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|
| Liens [Top] |
| |
Client files, former clients |
|
| |
Client property, mortgage placed on, fee collection |
|
| |
|
|
| Limiting Liability. See Liability. [Top] |
| |
|
|
|
Loans |
. See
also Conduct. Contingent Fees. Fees.
[Top] |
|
|
Litigation loans, assisting client in obtaining
from third-party commercial lender |
|
|
Litigation loans, to lawyer constitute
fee-sharing with non-lawyer |
|
|
| Lobbying [Top] |
| |
Attorney-legislator, firm member, duties of |
|
| |
Legislative lobbying services, partnership with non-lawyer, non-active lawyers |
|
| |
Lobbyist, law firm as, interests of former clients |
|
| |
|
|
| Maine Bar Foundation. See also Judicial Education. [Top] |
| |
Judicial Education Committee, fundraising for. |
|
| |
|
|
| Maine Medical Association. [Top] |
| |
Code of Cooperation, violation of |
|
| |
|
|
| Maine State Bar Association. [Top] |
| |
Code of Cooperation, violation of |
|
| |
|
|
| Malpractice [Top] |
| |
Arbitration agreements, employment contracts |
|
| |
Claims, right to defend, limiting liability |
|
| |
Grievance complaints, use in settlement negotiations |
|
| |
Releases, execution of |
|
| |
|
|
| Mediators [Top] |
| |
Lawyers as |
|
| |
|
"Of counsel" firm affiliation, lawyer forming mediation group |
|
|
|
Pro se cases, preparation of ancillary documents |
|
| |
Mediation firm, formation with non-lawyer |
|
| |
|
|
| Misconduct. See also Malpractice. [Top] |
| |
Complaint, duty to file |
|
| |
|
|
| Multiple Representation. See Conflict of Interest. [Top] |
| |
|
|
| Name of Firm. See Advertising. [Top] |
| |
|
|
| Non-Lawyer Assistants. See Employees. [Top] |
|
|
|
| "Of Counsel" [Top] |
|
Relationship |
|
|
|
|
|
|
|
|
| Partnerships. See also Disqualification. [Top] |
| |
"Law associates," use of term |
|
| |
Accountants, formation with |
|
| |
Clients, limited partnership interest in |
|
| |
Corporations, formation with non-lawyers |
|
| |
Attorney-board member. |
|
| |
Firm members, representation of member-defendant |
|
| |
Legislative lobbying services, partnership with non-lawyers |
|
| |
Mediation firm, formation of |
|
| |
|
"Of counsel" affiliation, mediator's retention of |
|
| |
|
With non-lawyers. |
|
| |
|
|
| Personal Representative [Top] |
|
Deceased Client: Confidential Information Requested by Personal Representative |
|
|
|
|
|
|
|
|
| Pleas. See Client's Decision Making Authority. [Top] |
| |
|
|
| Privilege [Top] |
|
Deceased Client: Confidential Information Requested by Personal Representative |
|
|
|
|
|
|
|
|
| Pro Bono [Top] |
| |
Contingent fees, secured interest in divorce proceeds |
|
| |
|
|
| Pro Se [Top] |
| |
Appearance, failure to make, by client's request |
|
| |
Limited representation, attorney drafted complaint |
|
| |
| Probate [Top] |
|
Deceased client, confidential information
requested by Personal Representative |
|
| |
Judge, firm member of, interest conflicts |
|
| |
Register of Probate, member of firm serving as guardian ad litem |
|
| |
|
|
| Professional Ethics Commission [Top] |
| |
Jurisdiction |
|
| |
|
|
| Prosecutors [Top] |
| |
Assistant District Attorney |
|
| |
|
Member of firm representing towns |
|
| |
|
Representation of criminal defendant by firm of |
|
| |
|
Spousal relationship with, criminal defense |
|
| |
Deputy Attorney General, entry into private firm |
|
| |
District Attorney |
|
| |
|
Attorney-County Commissioner, representation of interests adverse to |
|
| |
|
Familial relations with |
|
| |
|
Partner of, representation of adverse party |
|
| |
|
Private firm representing municipalities and employed by |
|
| |
|
Simultaneous representation, civil and criminal cases |
|
| |
District Attorney's Office |
|
| |
|
Spousal relations with |
|
| |
|
Witnesses, staff called as |
|
| |
Public prosecutor, duties of, Public Utilities Commission cases |
|
| |
|
|
| Public Interest Legal Services [Top] |
| |
Indigent persons, court-appointed cases, obligation to accept |
|
|
Pro bono representation |
|
| |
|
|
| Public Officials. See also Prosecutors. [Top] |
| |
Attorney-City Councilor, representation of private civil and criminal litigants against city |
|
| |
Attorney-County Commissioner, representation of civil and criminal litigants |
|
| |
Attorney-legislator, firm members of, duty of |
|
|
Attorney-Planning Board member, representation by firm members before Board |
|
| |
City solicitor, partners of, volunteer board members. |
|
| |
Deputy Attorney General, entry into private firm, firm disqualification |
|
| |
Former administrative board member, entry into private firm, disqualification |
|
| |
Mayor, firm members of |
|
| |
Municipal attorneys |
|
| |
|
Communications |
|
| |
|
Partners of |
|
| |
|
|
Real estate developers, representation of |
|
| |
Town Counsel, partner serving as, appeal made before |
|
| |
|
|
| Real Estate [Top] |
| |
Attorney-title company agent, title searches, fees charged |
|
| |
Brokerage firm, relationship with, interest disclosure |
|
| |
Escrow agent, law firm as |
|
| |
Escrow funds and accounts |
|
| |
|
IOLTA and non-IOLTA accounts |
|
| |
|
Title company, deposit in name of |
|
| |
|
Withdrawal from attorney trust accounts |
|
| |
Interest in property, contingent fee payment as |
|
| |
Referrals, by attorney-broker to attorney-spouse, interest conflicts |
|
| |
Title company, attorney owned, law related services |
|
| |
Title opinions, limiting liability |
|
| |
Title searches |
|
| |
|
Attorney-title company agent, fees charged |
|
| |
Client, identification of |
|
| |
|
|
| Referrals. See also Lawyer Referral Services. [Top] |
| |
Co-counsel, division of contingent fees |
|
| |
Conflict of interest cases, division of fees |
|
| |
Divorce, independent civil suit arising from, contingent fees |
|
| |
Familial relations, real estate transactions |
|
|
Indigent clients for pro bono representation |
|
| |
Investment advisors, referrals to, compensation for |
|
| |
National attorney networks, membership in |
|
| |
Non-attorneys, independent collection of contingent fees |
|
| |
Referral service, attorney operated |
|
| |
Web site referral service, attorney as member of |
|
| |
|
|
| Sale of Law Practice [Top] |
| |
Disbarred Attorney, sale by |
|
| |
|
|
| Secrets. See Confidentiality [Top] |
| |
|
|
| Settlements. See also Client Funds. [Top] |
| |
Acceptance of, as requested by parents of minor client |
|
| |
Client releases, past and future ethical misconduct claims |
|
| |
Divorce, civil action arising out of |
|
| |
Grievance complaint, use as negotiation tool |
|
| |
Remitting Proceeds |
|
| |
|
Collection agencies |
|
| |
|
Divorce decree, as instructed by |
|
|
Statutory attorney's fees, negotiation of during settlement of underlying claim |
|
| |
Worker's compensation, duty to communicate with employer pre-settlement |
|
| |
|
|
| Sharing Office Space [Top] |
| |
Arrangements, duties imposed by |
|
| |
|
|
| Specialization [Top] |
| |
Title company, law firm advertising as |
|
| |
|
|
Termination of Representation. See Withdrawal from
Employment. [Top] |
| |
|
|
| Title Companies [Top] |
| |
Law firms advertised as. |
|
| |
|
|
| Title Insurance [Top] |
| |
Fees, issuance of policy, related representation. |
|
| |
Non-clients, disclosure, obligations towards |
|
|
Title company as law-related service |
|
| |
|
|
| Title Searches. See Real Estate. [Top] |
| |
|
|
| Trust Accounts. See Client Funds. [Top] |
| |
|
|
| Trustees [Top] |
| |
Attorney-Board member, corporations, simultaneous
representation |
|
| |
|
|
| Unauthorized Practice of Law [Top] |
| |
Nonprofit corporation, attorney as salaried staff member of |
|
| |
Phone taping, electronic recordation of conversations |
|
|
Unauthorized practice of law by admittees of
foreign |
|
|
jurisdictions |
|
| |
|
|
Withdrawal from Employment. See also Conflict
of Interest. [Top] |
| |
Client files |
|
| |
|
Closed files, disposal of |
|
| |
|
Delivery of |
|
| |
Client perjury, motion to leave |
|
| |
Former clients, representation of interests adverse to |
|
| |
Fraud, client |
|
| |
Lawyer called as witness |
|
| |
District Attorney's Office |
|
| |
Leave of court, failure to obtain, pro se client |
|
| |
Partners or associates, representation of adverse parties, divorce proceedings |
|
| |
Probate, beneficiaries of estate |
|
| |
Public officials, partners of |
|
| |
Termination of law practice, death or disability |
|
| |
Town Counsel, partner serving as, appeal made before |
|
| |
Website referral services |
|
| |
|
|
| Witnesses [Top] |
| |
District Attorney's Office, members of |
|
| |
Lawyer called as |
|
| |
Affidavit, attorney filing of |
|
