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8. [ABROGATED] Contingent Fees
Text of Rule effective until August 1, 2009.
(a) Definition. In this rule, the term "contingent fee agreement" means an agreement, express or implied, for legal services of an attorney or attorneys (including any associated counsel), under which compensation, contingent in whole or in part upon the successful accomplishment or disposition of the subject matter of the agreement, is to be in an amount which either is fixed or is to be determined under a formula. The term "contingent fee agreement" shall not include an arrangement with a client, express or implied, that the client in any event is to pay to the attorney the reasonable value of the attorney's services and the attorney's reasonable expenses and disbursements.
(b) Good Faith Effort to Comply. Unless expressly prohibited by this rule, no written contingent fee agreement shall be regarded as champertous if made in an effort in good faith reasonably to comply with this rule.
(c) Proceedings or Claims to Which Applicable. No contingent fee agreement shall be made (1) in respect of the procuring of an acquittal upon or any favorable disposition of a criminal charge, (2) in respect of the procuring of a divorce, annulment of marriage, or legal separation, or (3) in connection with any proceeding where the method of determination of attorneys' fees is otherwise expressly provided by statute or administrative regulations. Contingent fee arrangements concerning the collection of commercial accounts and of insurance company subrogation claims made in accordance with usual practices in respect of such cases shall not be regarded as champertous, and shall not be subject to subdivisions (d) and (e).
(d) Formal Requirements. Each contingent fee agreement shall be in writing and in duplicate. Each duplicate copy shall be signed both by the attorney and by each client. One signed duplicate copy shall be mailed or delivered to each client within a reasonable time after the making of the agreement. One such copy (and proof that the duplicate copy has been delivered or mailed to the client) shall be retained by the attorney for a period of three years after the completion or settlement of the litigation or the termination of the services, whichever event first occurs.
(e) Contents of Agreement. Each contingent fee agreement shall contain (1) the name and mail address of each client; (2) the name and mail address of the attorney or attorneys to be retained; (3) a statement of the nature of the claim, controversy, and other matters with reference to which the services are to be performed; (4) a statement of the contingency upon which compensation is to be paid, and whether and to what extent the client is to be liable to pay compensation otherwise than from amounts collected for that client by the attorney; (5) a statement that reasonable contingent compensation is to be paid for such services, which compensation is not to exceed stated maximum percentages of the amount collected; and (6) a statement regarding the attorney's anticipated expenses and disbursements, if any, for which the client, is to be liable. These may include the following:
A. Litigation Costs. Costs of the action, including:
Filing fees paid to the clerk of courts;
Fees for service of process and other documents;
Attendance fees and travel costs paid to witnesses;
Expert witness fees and expenses;
Costs of medical reports;
Costs of visual aids; and
Costs of taking depositions.
B. Travel Expenses. Expenses for travel by the attorney on behalf of the client.
C. Telephone. Disbursements for long-distance telephone calls made by the attorney on behalf of the client.
D. Postage. Postage paid by the attorney for mailings on behalf of the client.
E. Copying. Costs of photocopying and facsimile telecopying done by the attorney on behalf of the client.
F. Other: (Specify).
(f) Fee Arbitration. Disputes concerning contingent fee agreements shall be subject to review in accordance with Rule 9.
(The following form may be used (in connection with Rule 8) and shall be sufficient. The authorization of this form shall not prevent the use of other forms consistent with this rule.)
CONTINGENT FEE AGREEMENT
To Be Executed In Duplicate
Date ____,20__.
The client,__________ (Name) (Street & Number) (City or Town)
retains the attorney _____ (Name) (Street & Number) ______ (City or Town) to perform the legal services mentioned in par. (1) below. The attorney agrees to perform them faithfully and with due diligence.
(1) The claim, controversy, and other matters with reference to which the services are to be performed are:
(2) The contingency upon which compensation is to be paid is:
(3) The client is not to be liable to pay compensation otherwise than from amounts collected for the client by the attorney, except as follows:
(4) Reasonable compensation on the foregoing contingency is to be paid by the client to the attorney, but such compensation (including that of any associated counsel) to be paid by the client shall not exceed the following maximum percentages of the gross (net) (indicate which) amount collected. Here insert the maximum percentages to be charged in the event of collection. These may be on a flat basis or in a descending scale in relation to amount collected.)
(5) The client is to be liable to the attorney for the attorney's reasonable expenses and disbursements as hereinafter specified.
A. Litigation costs. Costs of the action, including:
Filing fees paid to the clerk of courts;
Fees for service of process and other documents;
Attendance fees and travel costs paid to witnesses;
Expert witness fees and expenses;
Costs of medical reports;
Costs of visual aids; and
Costs of taking depositions.
B. Travel expenses. Expenses for travel by the attorney on behalf of the client.
C. Telephone. Disbursements for long-distance telephone calls made by the attorney on behalf of the client.
D. Postage. Postage paid by the attorney for mailings on behalf of the client; and
E. Copying. Costs of photocopying and facsimile telecopying done by the attorney on behalf of the client.
F. Other: (Specify).
(6) This agreement and its performance are subject to Rule 8 of the Maine Bar Rules.
WE HAVE EACH READ THE ABOVE AGREEMENT BEFORE SIGNING IT.
Witnesses to signatures
To client: _____
Signature of Client
To attorney: _____
Signature of Attorney
(If more space is needed, separate sheets may be attached and initialed.)
