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Advisory Committee on the Rules of Professional Responsibility
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Task Force to Study Model Rules of Professional Conduct
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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
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
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| Roger A. Putnam, Esquire Verrill & Dana P O Box 586 Portland, ME 04112-0586 E. rputnam@verrilldana.com David M. Sanders, Esquire Elizabeth J. Scheffee, Esquire Nora Sosnoff, Deputy Bar Counsel Louise K. Thomas, Esquire |
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Phillip E. Johnson, Esquire Thomas H. Kelley Esquire Professor Lois Lupica Robert L. McCarthur, Ph.D. Briana O'Regan, Esquire |
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| Task Force Members:
Paul Chaiken, Chair James M. Bowie, Esquire Milda A. Castner, Esquire Kevin M. Cuddy, Esquire |
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Other Resources
ABA Joint Committee on Law Regulation