Advisory Committee on the Rules of Professional Responsibility
Task Force to Study Model Rules of Professional Conduct

      Maine is among the few states that does not base its
Code of Professional Responsibility upon the ABA Model
Rules of Professional Conduct.  The American Bar
Association, through its “Ethics 2000” project, urged
Maine to assess adoption of the Model Rules.  After a
public forum at the January 2005 Maine State BarAnnual
meeting, where an overwhelming majority of those present
supported such a review, the Maine Supreme Judicial
Court asked its Advisory Committee on the Rules of
Professional Responsibility to form a task force and
provide the Court with an assessment. 

      Specifically, the Maine Task Force on Ethics was charged to reformulate Maine's professional responsibility rules so they would conform to the structure of the Model Rules.  To the extent appropriate, the Task Force was to draft substantive changes, or make recommendations for divergence or variation as a result of established Maine law and practice. 

      The Task Force included attorneys from large and small firms; a solo practitioner; a deputy attorney general; an attorney from Pine Tree Legal Assistance; a corporate/in-house attorney; a non-lawyer, who is a former public member and Chair of the Board of Overseers of the Bar; and deputy bar counsel.  Occasionally, it was assisted by non-member specialists.  Lois Lupica, Associate Dean and Professor of Law from the University of Maine School of Law served as Task Force Reporter.

      Beginning in March of 2005, the Task Force met monthly.  The Task Force elected to work from the structure of the Model Rules as opposed to the substance of the Maine Rules.  The Rules were divided into logical sub groups.  One or more Task Force members would lead the effort to address the group of rules.  Before each meeting the Task Force members would receive memoranda discussing the Model Rules and Comments; the corresponding Maine Rules; and precedent, including ethics opinions, grievance decisions, and disciplinary decisions.  The memoranda would suggest revisions to the Model Rule and Comments.  Discussion and debate would follow at the monthly meeting.  Based on the discussion, drafts of the Rules and Comments would be distributed before the next meeting.  The drafts would include revisions to the Rules, revisions to Comments, and proposed Reporter’s Notes.  Discussion would generally produce a consensus. There were times that the Task Force revisited its recommendations over a number of meetings. 

      The Task Force sought input and comments on its recommendations.  It endeavored to contact specialists or interested people directly.  It posted its recommendations at a website hosted by the Maine Bar Overseers.  Notices appeared in the Maine Lawyers Review, the MSBA Supplement, and by e-mail blasts from the Overseers.  Comments were discussed, and in some instances, recommendations were reconsidered.  Interim final recommendations remained posted on the web site for further comment.

      The Task Force has completed its initial consideration of the Model Rules, with the Scope and Terminology sections which accompany the Rules.  The recommendations are now being distributed for comment. 

      Comments should be addressed to Paul Chaiken, Task Force Chair, P. O. Box 1401, Bangor, ME 04402-1401 or to pchaiken@rudman-winchell.com., before January 15, 2007 .


Roger A. Putnam, Esquire
Verrill & Dana
P O Box 586
Portland, ME 04112-0586
E. rputnam@verrilldana.com

David M. Sanders, Esquire
PO Box 271
Livermore Falls, ME 04254
E. david@davidsanderslaw.com

Elizabeth J. Scheffee, Esquire
Givertz Lunt Hambley Scheffee & Lavoie, P.A.
P O Box 4801
Portland, ME 04112-4801
E. scheffee@mainefaimlylawyer.com

Nora Sosnoff, Deputy Bar Counsel
Board of Overseers of the Bar
P O Box 527
Augusta, ME 04332-0527
E. nsosnoff@mebaroverseers.org

Louise K. Thomas, Esquire
Pierce Atwood
One Monument Square
Portland, ME 04101-1110
E. lthomas@pierceatwood.com

Phillip E. Johnson, Esquire
Johnson & Webbert, LLP
P O Box 79
Augusta, ME 04332-0079
E. pjohnson@johnsonwebbert.com

Thomas H. Kelley Esquire
Pine Tree Legal Assistance
PO Box 547
Portland, ME 04112
E. tkelley@ptla.org

Professor Lois Lupica
University of Maine School of Law
246 Deering Avenue
Portland, ME 04101
E. lupica@usm.maine.edu

Robert L. McCarthur, Ph.D.
P O Box 491
Auburn, ME 04212
E. rlmcat@colby.edu

Briana O'Regan, Esquire
Sappi Fine Paper North America
179 John Roberts Road
South Portland, ME 04186
E. Briana.O'Regan@sappi.com

Task Force Members:

Paul Chaiken, Chair
MTFE2K
Rudman & Winchell
P O Box 1401
Bangor, ME 04402-1401
E. pchaiken@rudman-winchell.com

James M. Bowie, Esquire
Thompson & Bowie, LLP
P O Box 4630
Portland, ME 04112-4630
E. jbowie@thompsonbowie.com

Milda A. Castner, Esquire
Bergen & Parkinson, LLC
62 Portland Road - Suite 25
Kennebunk, ME 04043-6658
E. mcastner@lexmaine.com

Kevin M. Cuddy, Esquire
Cuddy & Lanham
470 Evergreen Woods
Bangor, ME 04401-5660
E. kmc@cuddylanham.com

   Task Force Recommendation
   The Maine Rules of Professional Conduct
   As recommended by the Maine Task Force on Ethics 2000

   Other Resources
   ABA Joint Committee on Law Regulation

   ABA Ethics 2000/Model Rules of Professional Conduct