Maine Board of Overseers of the Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Maine Board of Overseers of the Bar, with full citations and source links on every page.
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Can a Maine lawyer take a non-recourse loan from a litigation finance company to fund a contingency-fee case, repayable only if the case wins?
No. The opinion concludes a non-recourse litigation loan, repayable only if the lawyer recovers a fee and carrying a risk-based interest premium, amounts to sharing legal fees with a nonlawyer in viol…
Could a Maine lawyer use a bank line of credit to advance litigation costs and pass the interest on to the client?
Yes, with safeguards. The opinion concluded a lawyer could finance advanced litigation costs and pass the interest to the client when the cost is tied to the specific case, the client gives informed c…
When a lawyer who took on a contingent-fee client leaves the firm, who must keep representing the client and advancing the litigation costs?
The opinion concluded that, under the Maine Bar Rules, a lawyer who assumed responsibility for the client and agreed to advance litigation costs cannot withdraw without complying with the withdrawal r…
In an employment case where success might mean reinstatement rather than money, can a contingent fee be the greater of a percentage or an hourly fee, and can the percentage include interest, costs, and future benefits?
The opinion concluded yes on both. An alternative greater-of-percentage-or-hourly contingent fee is permitted, and the percentage may be applied to all amounts collected for the client (interest, cost…
Can a Maine lawyer charge a contingent fee in a post-divorce proceeding to enforce the property division set out in the divorce decree?
The opinion concluded yes; Bar Rule 8(c)'s bans on contingent fees for procuring a divorce and where a fee method is set by statute do not reach a proceeding to enforce an already-decreed property div…
Can a Maine lawyer agree, in a contingent fee contract, that the client will never be responsible for litigation disbursements regardless of outcome?
The opinion concluded yes; Bar Rule 3.7(d) lets a lawyer advance and guarantee litigation expenses without keeping the client ultimately liable, so a lawyer may agree to absorb the disbursements entir…
May a lawyer accept a contingent-fee client referred by an independent nonlawyer paralegal advisor who has a separate contract for 17% of the client's recovery?
The opinion concluded yes on these facts; if the lawyer and the advisor are genuinely independent with no cooperative arrangement, the lawyer's own customary contingent fee is not improper, and there …
May a lawyer who expects to testify as a witness refer the case to other counsel and still take a share of the contingent fee?
The opinion concluded no; a lawyer likely to be called as a witness may not accept employment in the case, and taking a contingent fee while testifying makes the fee an improper payment to a witness c…
Can a lawyer charge a contingent fee in a case under a statute that lets the court award attorney fees to the winner, and must the fee deal be disclosed to the court?
The opinion concluded a contingent fee is barred only if the fee-shifting statute makes the court's fee determination binding on all parties; otherwise the lawyer and client may contract a contingent …
Can a lawyer agree to be paid only if the client's marital asset is sold at the end of a divorce case?
The opinion concluded a fee payable only upon the successful sale of a marital asset in a divorce is a contingent fee, which Rule 8(c) prohibits in divorce, annulment, and legal-separation cases.
Can a lawyer take a contingent fee paid as a share of the real estate that is the subject of the lawsuit?
The opinion concluded that a lawyer's outright ownership interest in property in litigation violates the bar on acquiring a proprietary interest in the subject of the litigation, but a properly drawn …
Can a lawyer who collects a debt referred by a collection agency pay the agency a share of what is collected?
The opinion concluded that paying the collection agency its own client-authorized commission, separate from the lawyer's legal fee, is not prohibited fee sharing with a non-lawyer; what the rules forb…
Can a lawyer charge a guaranteed reasonable fee plus a higher bonus fee contingent on successfully obtaining the client's commercial development permits?
A majority of the Commission concluded the arrangement is permissible. The 'subject matter of litigation' in the proprietary-interest rule reaches administrative permit work, and a fee that is conting…
Can a lawyer charge a contingent fee for enforcing a divorce judgment, based on the alimony or child support arrearage recovered?
The Commission declined to answer, because the question turns on a point of law (how to construe 19 M.R.S.A. section 722) rather than on interpreting the Maine Bar Rules. Rule 8(c) bars contingent fee…
Can a lawyer charge a contingent fee in a divorce based on the size of the property settlement obtained for the client?
The opinion concluded no. Maine Bar Rule 8(c)(2) specifically prohibits a contingent fee agreement in respect of procuring a divorce, and that bar applies even when the fee is tied to the property set…
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Legal ethics opinions from the Maine Board of Overseers of the Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.