BAR COUNSEL

(a) Appointment. The Board, subject to the Court’s approval, shall appoint a lawyer admitted to practice in Maine to serve as Bar Counsel. The Board may also appoint Assistant Bar Counsel or Deputy Bar Counsel as deemed necessary. Neither Bar Counsel nor any attorney employed on a full- time basis as an Assistant or Deputy Bar Counsel shall engage in the private practice law, or participate in activities that (1) will lead to Bar Counsel’s frequent disqualification or (2) would appear, to a reasonable person, to undermine Bar Counsel’s integrity. As needed, the Board has the power to employ Special Counsel, who shall not be subject to the prohibition of the private practice of law. (b) Powers and Duties. Bar Counsel shall perform all prosecutorial functions on behalf of the Court and the Board hereunder, and have the following powers and duties: (1) to evaluate all information coming to the attention of the office of Bar Counsel to determine whether such information concerns a lawyer subject to the jurisdiction of the Board; (2) to investigate all information coming to the attention of the office of Bar Counsel that, if true, would be grounds for discipline, and to investigate all facts pertaining to petitions for reinstatement; (3) to make referrals to the Central Intake Office, to issue stays, dismiss complaints, recommend dismissals with a warning, refer respondent to the Alternatives to Discipline Program pursuant to Rule 13(c), or file formal charges with respect to each matter brought to the attention of the Board; (4) to prosecute before Grievance Commission panels, the Board, and/or the Court any appropriate discipline and reinstatement proceedings; (5) functions; to supervise staff needed for the performance of prosecutorial (6) to notify the complainant and the respondent when Bar Counsel dismisses a complaint, including but not limited to providing to the complainant 19 (A) a copy of any written communication from the respondent to Bar Counsel relating to the matter except information that is subject to the privilege of one other than the complainant; and (B) a concise written statement of the facts and reasons supporting a dismissal at the conclusion of Bar Counsel’s investigation and a copy of the written guidelines for dismissal issued pursuant to Rule 3(a)(5), provided that the complainant shall be given a reasonable opportunity to rebut statements of the respondent before the complaint is dismissed; (7) to issue written guidelines for use by the Central Intake Office and Bar Counsel to determine which matters shall be dismissed for failure to allege facts that, if true, would constitute grounds for disciplinary action; (8) to seek reciprocal discipline when informed of any public discipline imposed in any other jurisdiction; and (9) to encourage and promote competent and ethical practice by members of the Maine Bar by organizing, participating in, and presenting CLE programs. (c) Advisory Opinions. Upon request by an attorney licensed to practice law in Maine, Bar Counsel may render confidential, informal, non- binding advisory opinions to such attorney concerning interpretation or applicability of these Rules or the Maine Rules of Professional Conduct, provided that (1) the facts describe and involve the conduct of the particular inquiring attorney, or another attorney at that attorney’s law firm, and (2) at the time of any such informal advisory opinion, the inquiring attorney is informed by Bar Counsel that such an opinion is not binding and may be subject to eventual revision or reversal by either the Grievance Commission or the Professional Ethics Commission. Such opinions may be provided orally or in writing. Bar Counsel may also assist the Professional Ethics Commission in performing its duties under these Rules. Should a complaint be filed involving the subject matter and the attorney who requested the advisory opinion, the Bar Counsel who rendered the opinion shall be recused from any investigation and prosecution of the complaint. 20 (d) Ex Parte Communication. (1) Members of a Grievance Commission panel, the Board, the Court or Single Justices shall not communicate ex parte with Bar Counsel regarding a pending or impending investigation or disciplinary matter except as explicitly provided for by Rule 13(d); other law; or for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits provided that: it is reasonable to believe that no party will gain a procedural or (A) tactical advantage as a result of the ex parte communication; and all other parties are notified of the substance of the ex parte (B) communication and provided an opportunity to respond. (2) A violation of this rule shall be a ground for lawyer or judicial discipline, as appropriate, and cause for removal from the Grievance Commission panel or the Board. (e) Successive Employment. A former Bar Counsel shall comply with