SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN
Maine Rules of Professional Conduct
Rule: 1.2
Jurisdiction: ME
Bluebook Citation: Me. R. Prof. Conduct 1.2
CLIENT AND LAWYER (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the 7 representation. Subject to the Rules with respect to Declining or Terminating Representation (Rule 1.16), a lawyer shall abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. (b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities. (c) A lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client provides informed consent after consultation. If, after consultation, the client consents, an attorney may enter a limited appearance on behalf of an otherwise unrepresented party involved in a court proceeding. A lawyer who signs a complaint, counterclaim, cross-claim or any amendment thereto that is filed with the court, may not thereafter limit representation as provided in this rule, without leave of court. (d) A lawyer, who under the auspices of a non-profit organization or a court-annexed program provides limited representation to a client without expectation of either the lawyer or the client that the lawyer will provide continuing representation in the matter, is subject to the requirements of Rules 1.7, 1.9, 1.10 and 1.11 only if the lawyer is aware that the representation of the client involves a conflict-of- interest. (e) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. 8 LIMITED REPRESENTATION AGREEMENT (Used in conjunction with Rule 1.2 the following form shall be sufficient to satisfy the rule. The authorization of this form shall not prevent the use of other forms consistent with this rule.) To Be Executed in Duplicate Date: 1. The client, , 20 , retains the attorney, , to perform limited legal services in the following matter: v. 2. The client seeks the following services from the attorney (indicate by writing "yes" or "no"): a. b. Legal advice: office visits, telephone calls, fax, mail, e-mail; Advice about availability of alternative means to resolving the dispute, including mediation and arbitration; c. Evaluation of client self-diagnosis of the case and advising client about legal rights and responsibilities; d. e. f. g. h. Guidance and procedural information for filing or serving documents; Review pleadings and other documents prepared by client; Suggest documents to be prepared; Draft pleadings, motions, and other documents; Factual investigation: contacting witnesses, public record searches, in- depth interview of client; i. j. k. l. Assistance with computer support programs; Legal research and analysis; Evaluate settlement options; Discovery: interrogatories, depositions, requests production; for document m. n. o. Planning for negotiations; Planning for court appearances; tandby telephone assistance during negotiations or settlement conferences; p. q. r. Referring client to expert witnesses, special masters, or other counsel; Counseling client about an appeal; Procedural assistance with an appeal and assisting with substantive legal argument in an appeal; s. t. Provide preventive planning and/or schedule legal check-ups: Other: 3. The client shall pay the attorney for those limited services as follows: a. Hourly Fee: The current hourly fee charged by the attorney or the attorney's law firm for services under this agreement are as follows: i. Attorney: ii. Associate: iii. Paralegal: iv. Law Clerk: 9 Unless a different fee arrangement is established in clause b.) of this paragraph, the hourly fee shall be payable at the time of the service. Time will be charged in increments of one- tenth of an hour, rounded off for each particular activity to the nearest one-tenth of an hour. b. Payment from Deposit: For a continuing consulting role, client will pay to attorney a deposit of $ , to be received by attorney on or before , and to be applied against attorney fees and costs incurred by client. This amount will be deposited by attorney in attorney trust account. Client authorizes attorney to withdraw funds from the trust account to pay attorney fees and costs as they are incurred by client. The deposit is refundable. If, at the termination of services under this agreement, the total amount incurred by client for attorney fees and costs is less than the amount of the deposit, the difference will be refunded to client. Any balance due shall be paid within thirty days of the termination of services. c. Costs: Client shall pay attorney out-of-pocket costs incurred in connection with this agreement, including long distance telephone and fax costs, photocopy expense and postage. All costs payable to third parties in connection with client case, including filing fees, investigation fees, deposition fees, and the like shall be paid directly by client. Attorney shall not advance costs to third parties on client behalf. 4. The client understands that the attorney will exercise his or her best judgment while performing the limited legal services set out above, but also recognizes: a. the attorney is not promising any particular outcome. b. the attorney has not made any independent investigation of the facts and is relying entirely on the client limited disclosure of the facts given the duration of the limited services provided, and c. the attorney has no further obligation to the client after completing the above described limited legal services unless and until both attorney and client enter into another written representation agreement. 5. If any dispute between client and attorney arises under this agreement concerning the payment of fees, the client and attorney shall submit the dispute for fee arbitration in accordance with Rule 9(e)-(k) of the Maine Bar Rules. This arbitration shall be binding upon both parties to this agreement. WE HAVE EACH READ THE ABOVE AGREEMENT BEFORE SIGNING IT. Signature of client Signature of attorney 10
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