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Table of Rules

Rules 1 - 12
(full text version)

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(a) Jurisdiction

(b) Choice of Law

(c) Amendment

(d) Justices

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Rule 1. Scope of Rules

(a) Jurisdiction.  These rules govern the practice of law by attorneys within this State and the conduct of attorneys with respect to their professional activities and as officers of the Court.  Any attorney admitted to, or engaging in, the practice of law in this State shall be subject to the Court's supervision and disciplinary jurisdiction and the provisions of these rules, including Maine Bar Rule 1(b).  A lawyer admitted to practice in this State is subject to the Court's disciplinary authority, regardless where the lawyer's conduct occurs.  A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction where the lawyer is admitted for the same conduct.  A justice or judge shall be subject to the provisions of these rules as to conduct relevant to that person's position as an attorney and as to conduct prior to becoming, or after ceasing to be, a Justice or Judge.  There shall be coordination between the Board and the Committee on Judicial Responsibility and Disability in any investigations or proceedings concerning a Justice or Judge arising out of the same or related conduct in order to avoid unnecessary or inappropriate duplication of any such investigations or proceedings. (back to top)

(b) Choice of Law.  In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:

(1) Court Related Conduct.  For conduct in connection with a proceeding in a tribunal before which a lawyer has been admitted to practice (either generally or for purposes of that proceeding), including all preparatory and pretrial or prehearing activities required or authorized by statute, rule or custom of the tribunal, the rules to be applied shall be the rules of professional conduct of the tribunal or of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise or neither the tribunal nor the jurisdiction in which it sits have adopted rules of professional conduct applicable to the proceeding; and

(2) Other Conduct.  For any other conduct.

(i) if the lawyer is licensed to practice only in this jurisdiction, the rules to be applied shall be the rules of this jurisdiction, and

(ii) if the lawyer is licensed to practice in this and another jurisdiction, the rules to be applied shall be the rules of the admitting jurisdiction in which the lawyer principally practices; provided, however, that if particular conduct clearly has its predominant effect in another jurisdiction in which the lawyer is licensed to practice, the rules of that jurisdiction shall be applied to that conduct. (back to top)

(c) Amendment.  The Board, the Grievance Commission, the Fee Arbitration Commission, the Professional Ethics Commission, or any 10 members of the Bar of this States may submit to the Court written suggestions or proposals for revision or amendment of these rules. (back to top)

(d) Justices.  Except where powers are expressly given to the full Court, or the context indicates clearly that the full Court alone is to have the power, the powers of the Court with respect to these rules may be exercised by a single justice of the Court, subject to appropriate review by the Law Court. (back to top)