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Maine Board of Overseers of the Bar

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Commissions

Fee Arbitration Commission

The Fee Arbitration Commission is established by the Bar Rules to provide an efficient way to resolve disputes concerning legal fees.  The Commission consists of five geographically distributed three-member panels (plus normally eight or more at-large members) all comprised of volunteer lawyers and lay members.

Arbitration of disputed legal fees may be initiated by the filing of a written request for arbitration with the Commission.  Although the Commission encourages the parties to settle such disputes subject to the approval of the Commission’s Chair, if not so settled, fee disputes are then normally referred to a panel of the Fee Arbitration Commission for hearing and decision.  In this manner, disputed legal fees may be resolved promptly and without the expense and publicity of litigation. [back to top]

Grievance Commission

The Grievance Commission is established by the Bar Rules to resolve complaints against lawyers for violations of the Code of Professional Responsibility. This Commission consists of five geographically distributed three-member panels (plus normally another 10 at-large members) all being comprised of volunteer lawyer and lay members.

When a complaint is filed against a lawyer, Bar Counsel must first decide whether it alleges conduct which appears to violate the Code of Professional Responsibility. If a complaint is deemed to not allege such misconduct, Bar Counsel must dismiss it, and will so inform the complainant by letter with reasons provided for that dismissal, subject to appeal to a lay member of the Board or the Grievance Commission. A complaint which does allege a violation of the Code is then investigated by Bar Counsel – which includes requesting a written response from the complained of attorney – and then later reviewed by a panel of the Grievance Commission.  That panel determines whether the complaint should be dismissed or alternatively, whether sufficient grounds exist for a public disciplinary hearing to occur. If it does so find, it then directs Bar Counsel to file a formal public disciplinary petition, which is then publicly heard by a different panel of the Grievance Commission.

If a disciplinary hearing panel finds from the evidence presented that a lawyer did violate the Code, the panel may impose discipline by issuing a written public reprimand. Alternatively, should the hearing panel find the lawyer’s misconduct involved aggravating factors such as  intentional injury or harm to the lawyer’s client, the panel will usually direct Bar Counsel to institute further disciplinary proceedings with the Court to seek the suspension or disbarment of the lawyer’s right to practice law in Maine. [back to top]

Professional Ethics Commission

The Professional Ethics Commission, consisting of eight lawyers who volunteer their time and expertise, renders formal and informal written advisory opinions to the Court, Board, Grievance Commission, Bar Counsel and members of the Maine bar involving interpretation and application of the Code of Responsibility to lawyer conduct. [back to top]