Reinstatement Procedure

Reinstatement from Administrative Suspension. Any lawyer suspended under Rule 4(g)(2) shall be reinstated by administrative order if, within five years of the effective date of the suspension for nonpayment, the lawyer remits to the Board a reinstatement fee, submits all required registration documents, and makes payment of all arrears.

If an attorney is administratively suspended pursuant to Rule 4(g)(3), (4) or (5), that attorney must also submit a certificate issued by the appropriate state agency stating that the attorney is currently in good standing and has satisfied any obligations and paid any sums due.

A lawyer who has been administratively suspended must complete the continuing legal education requirements of Rule 5(a)(1) for each year the attorney has been suspended, but need not complete more than 22 credit hours for that entire period of suspension, provided that: (1) no more than one half of the credits are earned through in-house courses, self-study, or a combination thereof; and (2) at least two credit hours are primarily concerned with the issues of ethics or professionalism education. Additionally, a lawyer who has been suspended within the previous five (5) years for non-compliance with the continuing legal education requirements of Rule 5(a)(1) shall be assessed an additional reinstatement fee, as may be set by the Board.

Any lawyer who fails to seek reinstatement within five years of the effective date of the administrative suspension shall be required to petition for reinstatement under Rule 29.

Reinstatement from Inactive Status. Any lawyer on inactive status under Rule 4(e) shall be reinstated by administrative order of the Board if the lawyer seeks reinstatement within five years of the effective date of transfer to inactive status. Any lawyer who fails to seek reinstatement within five years of the effective date of transfer to inactive status may, in the discretion of the Court, be required to petition for reinstatement under Rule 29.

In addition to all other requirements, an inactive lawyer seeking reinstatement shall remit to the Board a reinstatement fee and an arrearage registration payment equal to the total registration fees that the lawyer would have been obligated to pay the Board had the lawyer remained actively registered to practice in Maine during that period of inactive status, but no more than $1,000.

Reinstatement Following a Disciplinary Suspension of Six Months or Less. A lawyer who has been suspended for six months or less pursuant to disciplinary proceedings may be reinstated at the end of the period of suspension by filing with the Court and serving upon the Board an affidavit stating that he or she has fully complied with the requirements of the suspension order and has paid any required fees and costs.

Reinstatement Following a Disciplinary Suspension for More than Six Months. A lawyer suspended for more than six months or a disbarred lawyer may be reinstated only upon order of the Court. The petition shall petition for reinstatement under Rule 29 with the Executive Clerk of the Court and also with Bar Counsel accompanied by a filing fee made payable to the Board of Overseers of the Bar and a completed Board Reinstatement Questionnaire.

Reinstatment after Surrender of License
An attorney who has surrendered his or her license under this rule may be reinstated only upon petition filed in the Court after at least 5 years from the effective date of the surrender, unless otherwise ordered by the Court. The petition shall petition for reinstatement under Rule 29 with the Executive Clerk of the Court and also with Bar Counsel accompanied by a filing fee made payable to the Board of Overseers of the Bar and a completed Board Reinstatement Questionnaire.

Reinstatement after Disbarment
A disbarred attorney may be reinstated only upon petition filed in the Court after at least 5 years from the effective date of the surrender, unless otherwise ordered by the Court. The petition shall petition for reinstatement under Rule 29 with the Executive Clerk of the Court and also with Bar Counsel accompanied by a filing fee made payable to the Board of Overseers of the Bar and a completed Board Reinstatement Questionnaire.