(a) Required Filings.
(1) Registration Statement. Every attorney admitted to practice in this State shall, upon admission and each year thereafter, file with the Board a registration statement setting forth the attorney's current residence and office addresses, Social Security or federal identification number, and such other identifying information as the State Tax Assessor may by rule require; the date of the attorney's admission to the Bar of the Court; the facts concerning the attorney's admission to practice in any other jurisdiction including each federal court and administrative body where admitted; and such other information as the Court or the Board may direct. However, any admitted attorney serving as a judicial law clerk shall not be required to so register under this Rule until after completion of that clerkship and the subsequent assumption of either active practice, or inactive status under section c(1) of this Rule. The statement shall disclose whether the attorney is in good standing in each jurisdiction to which admitted and, if the attorney is not in good standing in any jurisdiction, it shall contain an explanation of the circumstances. In addition to such registration statement, every attorney shall file a supplemental statement of any change in the information previously submitted within 30 days of such change. Within 30 days of the receipt of a registration statement or supplement thereto filed by an attorney, the Board shall acknowledge receipt thereof in order to enable the attorney on request to demonstrate compliance with the requirement of this rule. Registration statements shall be filed and payment of requisite fees imposed by Rule 10 shall be made on or before August 31 by every attorney admitted to practice in this state except that if the following July is fewer than four months from the date of admission, the next filing shall be the second July following the date of admission. Registration statements and payments postmarked after August 31 will be considered late causing a $ 25.00 surcharge to be assessed upon and payable by the attorney. With the registration statement every attorney admitted to practice in this State shall submit a signed written report documenting compliance with the continuing legal education requirements of Rule 12(a) and providing the information required by Rule 12(b)(1).
(2) List of Trust Accounts. A lawyer or law firm that maintains one or more trust accounts in accordance with either Rule 3.6(e)(4) or Rule 3.6(e)(5) shall, not later than July 31, 1994, file with the Board a list of all such accounts maintained as of July 1, 1994, indicating the account number of each account and the financial institution where it is maintained. Thereafter, annually in conjunction with the filing of the annual registration statement, a lawyer or law firm maintaining an account or accounts under Rule 3.6(e)(4) shall report to the Board the account number and financial institution of any account added to or deleted from the list of accounts during the preceding 12 months; and a lawyer or law firm maintaining an account or accounts under Rule 3.6(e)(5) shall file with the Board a list of all such accounts maintained as of July 1 of the current year, indicating the account number and financial institution of each.
(3) Receipt of Voluntary Contributions. As part of its notification to attorneys to file annual registration statements, the Board may invite attorneys to make a voluntary contribution to the Campaign for Justice to assist in the funding of legal services for low income individuals. The Board may also provide a means for making the voluntary contribution at the same time that the annual fee is paid and is authorized to utilize its administrative staff and facilities to receive these voluntary contributions and forward them to the Campaign for Justice.
(b) Failure to File Registration Statement, to File State Tax Returns, to Comply With a Support Order, to File an Unemployment Tax Return, to Pay an Unemployment Tax Assessment or to Comply With an Award of the Fee Arbitration Commission.
(1) Failure to File Registration Statement. Any attorney who fails to file the registration statement or any supplement thereto in accordance with the requirements of (a) above by August 31 is automatically suspended. Notice of the suspension shall be given by the Board by registered or certified mail, and return receipt requested, addressed to the office or home address last known to the Board. Such suspension for failure to file the statement or supplement thereto shall not be effective until thirty (30) days after the date of mailing the notice thereof. The failure to file shall not be considered a violation of the Code of Professional Responsibility per se, and the suspension for failure to file shall not constitute the imposition of discipline. An attorney who, after the date of the mailing of such notice of suspension but before the effective date of such suspension, files the statement or any supplement thereto as required by subdivision (a) of this rule shall be deemed to be in compliance with this rule and shall not be suspended for failure to file such statement or supplement or certificate; otherwise the attorney shall be subject to Maine Bar Rules 7.3(i)(2) and (j). An attorney aggrieved as a result of a suspension under this paragraph may apply to the Board Chair for summary relief for good cause shown.
(2) Failure to File State Tax Returns. Whenever, pursuant to section 175 of Title 36 of the Maine Revised Statutes, the State Tax Assessor notifies the Board of the Assessor's finalized determination to prevent renewal or reissuance of a "license or certificate of authority" for an attorney to practice law, the Board shall refuse to process any registration statement filed by such attorney after such notification from the State Tax Assessor and such attorney is automatically suspended. The failure to file such a state tax return or to pay any tax liability due as referred to in such notification from the State Tax Assessor shall not be considered a violation of the Code of Professional Responsibility per se and the suspension due to the reported failure to file such return or to pay any overdue tax liability shall not constitute the imposition of discipline. Notice of the receipt of such notification from the State Tax Assessor of such finalized determination and of the suspension shall be given by the Board to the attorney by registered or certified mail, and return receipt requested, addressed to the office or home address last known to the Board of Overseers of the Bar. Such suspension for reported failure to file the state tax return or to pay any overdue tax liability shall not be effective until thirty (30) days after the date of mailing the notice thereof. An attorney who, after the date of the mailing of such notice of notification and suspension but before the effective date of such suspension, files with the Board a certificate issued by the State Tax Assessor that the attorney is currently in good standing with respect to any and all returns and tax liability due shall be deemed to be in compliance with this rule and shall not be suspended for failure to file such state tax returns or to pay any overdue tax liability; otherwise the attorney shall be subject to Maine Bar Rules 7.3(i)(2) and (j). An attorney aggrieved as a result of a suspension under this paragraph may apply to the Board Chair for summary relief for good cause shown.
(3) Failure to File List of Trust Accounts. Any attorney practicing alone who fails to file a list of trust accounts in accordance with paragraph (2) of subdivision (a) of this rule, or any attorney who is a member of a law firm that fails to file such a list, is automatically suspended in the manner and on the terms and conditions provided in paragraph (1) of this subdivision for failure to file a registration statement.
(4) Failure to Comply with a Support Order. Whenever, pursuant to section 2201 of Title 19-A of the Maine Revised Statutes, the Department of Human Services certifies in writing to the Board that, in compliance with the statutory procedure: A) the Department has determined that an attorney is in noncompliance with a support order: and B) the attorney has failed to appeal the Department's decision; or C) a final judgment has been entered against the attorney on the attorney's petition for judicial review, the Board shall refuse to process any registration statement filed by such an attorney after such notification from the Department, and such attorney is automatically suspended. Certification by the Department of an attorney's failure to comply with a support order shall not constitute violation of the Code of Professional Conduct per se, although the Board may institute separate proceedings to determine whether discipline is appropriate. Suspension after certification of noncompliance by the Department shall not constitute the imposition of discipline. Notice of the receipt of such certification from the Department and of the suspension shall be given by the Board to the attorney by registered or certified mail, and return receipt requested, addressed to the office or home address last known to the Board of Overseers of the Bar. Such suspension for reported failure to comply with a support order shall not be effective until thirty (30) days after the date of mailing the notice thereof. An attorney who, after the date of mailing of such notice of certification and suspension but before the effective date of such suspension, files with the Board written confirmation by the Department of compliance with the support order shall not be suspended for failure to comply; otherwise the attorney shall be subject to Maine Bar Rules 7.3(i)(2) & (j). An attorney aggrieved as a result of a suspension under this paragraph may apply to the Board Chair for summary relief for good cause shown.
(5) Failure to File an Unemployment Tax Return or to Pay an Unemployment Tax Assessment. Whenever, pursuant to section 1232 of Title 26 of the Maine Revised Statutes, the State Commissioner of Labor or Director of Employment Security certifies in writing to the Board that: (1) the Commission has determined in compliance with the statutory procedure that an attorney is in noncompliance with the unemployment compensation statute, and (2) the attorney has either failed to pursue an appeal from the Commission's decision or a judgment has been entered against the attorney on the attorney's petition for judicial review; the Board shall refuse to process any registration statement filed by such an attorney after such notification from the Commission and such attorney is automatically suspended. Certification by the Commission of an attorney's failure to comply with the unemployment compensation statute shall not constitute violation of the Code of Professional Conduct per se, although the Board may institute separate proceedings to determine whether discipline is appropriate. Suspension after certification of noncompliance by the Commission shall not constitute the imposition of discipline. Notice of the receipt of such certification from the Commission and of the suspension shall be given by the Board to the attorney by registered or certified mail, and return receipt requested, addressed to the office or home address last known to the Board of Overseers of the Bar. Such suspension for reported failure to comply with the unemployment compensation statute shall not be effective until thirty (30) days after the date of mailing the notice thereof. An attorney who, after the date of mailing of such notice of certification and suspension but before the effective date of such suspension, files with the Board written confirmation by the Commission of compliance with the statute shall not be suspended for failure to comply; otherwise the attorney shall be subject to Maine Bar Rules 7.3(i)(2) & (j). An attorney aggrieved as a result of a suspension under this paragraph may apply to the Board Chair for summary relief for good cause shown.
(6) Failure to Comply With an Award of the Fee Arbitration Commission. When a matter involving an award of a panel of the Fee Arbitration Commission is referred to Bar Counsel under Rule 9(i) because of the attorney's failure to make an awarded refund to the petitioner within 30 days of receipt of the arbitration award, the Board, upon request of Bar Counsel and after affording the attorney an opportunity to respond in writing, may refer the matter to the Court for appropriate disciplinary action.
(c) Notification of Discontinuance of the Practice of Law, Request for Reinstatement, and Arrearage Registration Payment.
(1) Notification of Discontinuance of the Practice of Law. Any Maine attorney not the subject of disciplinary investigation under Rule 7.1(d) or of disciplinary proceedings as authorized or pending under Rule 7.1(e) may advise the Board in writing of a desire to completely discontinue the practice of law in Maine and be placed on inactive status. Upon the filing of such notice, the attorney shall no longer be eligible to practice law in Maine or allowed in any manner to indicate or advertise an authority to so practice in Maine, but shall be required to file annual registration statements with the Board for three (3) years thereafter in order that the attorney can be located by the Board of Bar Counsel. During that three (3) year period the attorney shall remit to the Board an annual registration fee in an amount equal to one-half the fee required of a similarly situated active attorney under Rule 10. The attorney shall also comply with the provisions of Rule 7.3(i)(2).
(2) Withdrawal from Maine practice. Any Maine attorney currently registered in good standing under Rule 6(a) and not the subject of any investigation under Rule 7.1(c) or (d) or of any disciplinary proceedings under Rule 7.1(e), may provide written notice to the Board of withdrawal from Maine practice. Such notice shall include a current mailing address and telephone number of the attorney, and the effective date of that withdrawal. The withdrawing attorney, and the effective date of that of Rule 7.3(i)(2), and shall not subsequently return to the practice of law in Maine without first complying with the requirements of subsection (c)(3) of this Rule and applicable portions of Maine Bar Admission Rule 10.
(3) Request for Reinstatement. Prior to resuming active practice in Maine, an inactive attorney or an attorney who has withdrawn from practice in Maine must petition the Board Chair and provide persuasive evidence of compliance with the factors as enumerated under Rule 7.3(j)(5)(A), (B), (D), (E) & (F).
(4) Arrearage Registration Payment. In addition to all other requirements, an inactive attorney or an attorney who has withdrawn from practice now seeking reinstatement shall remit to the Board a $ 125.00 reinstatement fee and an arrearage registration payment equal to the total fee that the attorney would have been obligated to pay the Board under Rule 10 had the attorney remained actively registered to practice in Maine during that period of inactive or withdrawn status, minus a credit for the total payment made by the attorney for the first three years of the inactive period but not more than $ 1,000.00.
(d) Register of Attorneys. Based upon the information made available to the Board by the filing of the statements provided for under this rule, or otherwise, and upon such other investigatory procedures as may be established by the Board, consistent with these rules, the Board shall compile and keep current a register for the Court of all persons admitted as members of the Bar of this state, and records of the death or other termination or suspension of the right of any attorney to practice law in this state. An attorney's social security number shall not be made available by the Board to the public. All other information contained in such register and records shall be available to the public upon such terms as shall be reasonably necessary to support the costs of disseminating it and at such times as shall be reasonably convenient to the operating procedures of the Board, except that an active attorney's residence, address, and telephone number shall not be disclosed unless it is the same as that of the attorney's law office. For the protection of the public, the Board's records must contain some form of public address for every Maine attorney. Therefore, all attorneys registered as "inactive'" under section (c) of this rule, shall register with and designate a residential address and also an address that the Board may make available to the public (the two addresses may be the same).
(e) Removal From Register. Upon the filing of a notice that an attorney wishes to assume inactive status, the attorney shall be removed from the roll of those classified as active until and unless the attorney requests reinstatement to the active roll and pays for the year of reinstatement the fee imposed by Rule 10.
(f) Forms. The Board shall prepare and make available through the offices of the Clerks of the Superior and District Courts of the State, and through such other offices as the Board may from time to time determine, approved registration statement forms and change of address forms which shall be used by attorneys in complying with this rule.
