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USA Statutes : maine
Title : Title 04. JUDICIARY
Chapter : Chapter 17. ATTORNEYS AT LAW
|
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Title 4 - §801-A. Reports; limitations (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §801-A. Reports; limitations (REPEALED)
Section History:
PL 1977,
Ch. 604,
§1
(NEW).
PL 1987,
Ch. 395,
§A11
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §801-B. Budget (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §801-B. Budget (REPEALED)
Section History:
PL 1977,
Ch. 604,
§1
(NEW).
PL 1995,
Ch. 279,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §801. Board of bar examiners; purpose; appointment
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §801. Board of bar examiners; purpose; appointment
The Supreme Judicial Court shall create a board of bar examiners for the purposes of designing, administering and passing
judgment on examinations taken by those individuals seeking admission to the bar. The board shall make recommendations to
the Supreme Judicial Court as to which individuals have successfully passed this examination process and fulfilled the other
requirements of this chapter for admission to the bar. All procedural, administrative and budgetary actions of a board of
bar examiners shall be subject to rules established by the Supreme Judicial Court and are deemed to be actions of the Supreme
Judicial Court. The board shall be composed of 9 members, 7 of whom shall be licensed to practice law in the State and shall
be appointed by the Governor on the recommendation of the Supreme Judicial Court. The remaining 2 members shall be public
members and shall be appointed by the Governor.
[1987, c. 395, Pt. A, § 10 (rpr).]
Section History:
PL 1971,
Ch. 286,
§1
(RPR).
PL 1975,
Ch. 66,
§1
(RPR).
PL 1975,
Ch. 575,
§1,2
(AMD).
PL 1975,
Ch. 770,
§14
(RPR).
PL 1977,
Ch. 3,
§1,2
(AMD).
PL 1977,
Ch. 694,
§2
(AMD).
PL 1983,
Ch. 812,
§12
(AMD).
PL 1985,
Ch. 124,
§1
(AMD).
PL 1987,
Ch. 395,
§A10
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §802. Attorneys from other states
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §802. Attorneys from other states
Attorneys who are practicing law in other states, territories or foreign countries may be admitted on motion to try cases
in any of the courts of this State by those courts, but shall not be admitted to the general practice of law in this State
without complying with section 805-A.
[1985, c. 124, § 2 (amd).]
Section History:
PL 1967,
Ch. 441,
§1
(AMD).
PL 1971,
Ch. 286,
§1
(RPR).
PL 1973,
Ch. 550,
§1
(AMD).
PL 1985,
Ch. 124,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §803. Qualifications for taking bar examination
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §803. Qualifications for taking bar examination
1. Evidence of graduation. Before taking the examination for admission to the bar of the State, each applicant shall produce to a board of bar examiners
satisfactory evidence that he graduated with a bachelor's degree from an accredited college or university or that he successfully
completed at least 2 years' work as a candidate for that degree at an accredited college or university.
[1987, c. 395, Pt. A, § 12 (amd).]
2. Further qualifications. Each applicant shall produce to a board of bar examiners satisfactory evidence that he:
A. Graduated from a law school accredited by the American Bar Association;
[1985, c. 124, § 3 (new).]
B. Graduated from a law school accredited by the United States jurisdiction in which it is located, that he has been admitted
to practice by examination in one or more jurisdictions within the United States and has been in active practice there for
at least 3 years;
[1985, c. 124, §3 (new).]
C. Graduated from a foreign law school with a legal education which, in the board's opinion, is equivalent to that provided
in those law schools accredited by the American Bar Association; or
[1985, c. 124, §3 (new).]
D. Successfully completed 23 of the requirements for graduation from a law school accredited by the American Bar Association
and then pursued the study of law in the office of an attorney within the State for at least one year.
[1985, c. 124, § 3 (new).]
[1987, c. 395, Pt. A, § 12 (amd).]
3. Eligibility for examination. When an applicant has satisfied a board of bar examiners that these requirements have been fulfilled and has paid a fee
fixed by the Supreme Judicial Court, he is eligible to take the examinations prepared or adopted by the board to determine
if he has the qualifications required by this chapter for admission to the bar.
[1987, c. 395, Pt. A, § 12 (amd).]
Section History:
PL 1971,
Ch. 286,
§1
(RPR).
PL 1973,
Ch. 550,
§2
(AMD).
PL 1975,
Ch. 66,
§2
(AMD).
PL 1985,
Ch. 124,
§3
(RPR).
PL 1987,
Ch. 395,
§A12
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §804. Further qualifications; examination; fee; grade of (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §804. Further qualifications; examination; fee; grade of (REPEALED)
Section History:
PL 1967,
Ch. 370,
§1,2
(AMD).
PL 1971,
Ch. 286,
§2
(AMD).
PL 1971,
Ch. 411,
§
(AMD).
PL 1971,
Ch. 622,
§6
(AMD).
PL 1973,
Ch. 550,
§3
(AMD).
PL 1975,
Ch. 66,
§3
(AMD).
PL 1979,
Ch. 541,
§A14
(AMD).
PL 1983,
Ch. 247,
§
(AMD).
PL 1985,
Ch. 124,
§4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §805-A. Qualifications for admission to practice
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §805-A. Qualifications for admission to practice
1. Certificate of qualification; admission. Any person who produces a certificate of qualification from the board recommending his admission to the bar may be admitted
to practice as an attorney in the courts of this State on motion in open court. No person may be denied the opportunity to
qualify for admission because of race, creed, color, national origin or sex.
[1985, c. 124, §6 (new).]
2. Issuance of certificate of qualification. A board of bar examiners shall issue a certificate of qualification stating that the applicant is a person of good moral
character and possesses sufficient learning in the law to practice as an attorney in the courts of this State to each applicant
who:
A. Produces satisfactory evidence of good moral character.
(1) The fact that an applicant has been convicted as an adult of a crime that is punishable by imprisonment of one year
or more in this State or in another state or jurisdiction of the United States raises a presumption that the applicant has
not met this requirement. This presumption may be rebutted by proof that a lawful pardon has been obtained, that extraordinary
circumstances surrounded the commission of the crime or that a reasonable amount of time has passed since the applicant's
conviction and completion of sentence and there is evidence of complete rehabilitation based on the applicant's subsequent
history.
(2) Nothing in subparagraph (1) precludes the board or the Supreme Judicial Court from considering a conviction as a basis
for disqualification under this paragraph;
[1993, c. 643, §1 (amd).]
B. Attains the passing grades established by the board on those examinations required by the board; and
[1985, c. 124, § 6 (new).]
C. Establishes that he attended and observed any legal proceedings required by the board.
[1985, c. 124, § 6 (new).]
[1993, c. 643, §1 (amd).]
3. Admission within one year of passing bar examination. The applicant must be admitted to practice within one year from the time that he has been notified of his passing of the
bar examination. This one-year period may be enlarged by successive one-year periods by a Justice of the Supreme Judicial
Court on motion for good cause shown during the period.
[1985, c. 124, § 6 (new).]
Section History:
PL 1985,
Ch. 124,
§6
(NEW).
PL 1987,
Ch. 395,
§A14
(AMD).
PL 1993,
Ch. 643,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §805. Reexamination (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §805. Reexamination (REPEALED)
Section History:
PL 1971,
Ch. 286,
§3,4
(AMD).
PL 1975,
Ch. 66,
§4
(RPR).
PL 1985,
Ch. 124,
§5
(RPR).
PL 1987,
Ch. 395,
§A13
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §806-A. License to practice subject to condition
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §806-A. License to practice subject to condition
Each person who is admitted to practice as an attorney in this State must complete, within 18 months after his license is
issued, any practical skills course approved by the board. This period may be enlarged by a Justice of the Supreme Judicial
Court on motion for good cause shown during that period.
[1985, c. 124, § 7 (new).]
div> If an attorney fails to complete this course within the time allowed, the board shall notify the Supreme Judicial Court and
the Board of Overseers of the Bar that the attorney's license is invalid and continued practice of law is unauthorized under
section 807.
[1985, c. 124, § 7 (new).]
div> An attorney who loses his license under this section shall be readmitted after notifying the Supreme Judicial Court and the
Board of Overseers of the Bar of his later compliance with this section.
[1985, c. 124, §7 (new).]
Section History:
PL 1985,
Ch. 124,
§7
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §806. Attorney's oath
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §806. Attorney's oath
Upon admission to the bar, every applicant shall, in open court, take and subscribe an oath to support the Constitution of
the United States and the Constitution of this State, and take the following oath, or, in the case of an applicant conscientiously
scrupulous of taking an oath, such applicant shall make appropriate affirmations to the same effect:
[1975, c. 66 § 5 (amd).]
div> "You solemnly swear that you will do no falsehood nor consent to the doing of any in court, and that if you know of an intention
to commit any, you will give knowledge thereof to the justices of the court or some of them that it may be prevented; you
will not wittingly or willingly promote or sue any false, groundless or unlawful suit nor give aid or consent to the same;
that you will delay no man for lucre or malice, but will conduct yourself in the office of an attorney within the courts according
to the best of your knowledge and discretion, and with all good fidelity, as well as to the courts, as to your clients. So
help you God."
Section History:
PL 1975,
Ch. 66,
§5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §807-A. Representation by Bureau of Unemployment Compensation, Department of the Attorney General or Bureau of Revenue Services employees
(CONFLICT)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §807-A. Representation by Bureau of Unemployment Compensation, Department of the Attorney General or Bureau of Revenue Services employees
(CONFLICT)
Upon the promulgation of and in accordance with rules adopted by the Supreme Judicial Court, employees of the Bureau of Unemployment
Compensation may serve civil process and represent the bureau in District Court in disclosure proceedings pursuant to Title
14, chapter 502, ancillary to the collection of taxes and overpayments for which warrants have been issued pursuant to Title
26, chapter 13.
[1995, c. 560, Pt. G, §2 (amd).]
div> (CONFLICT: Text as amended by PL 2005, 218, §1) Upon promulgation of and in accordance with rules adopted by the Supreme
Judicial Court, employees of the Department of Administrative and Financial Services, Bureau of Revenue Services may serve
civil process and represent the bureau in District Court in disclosure proceedings pursuant to Title 14, chapter 502, ancillary
to the collection of taxes for which warrants have been issued pursuant to Title 36, and may represent the State Tax Assessor
in arraignment proceedings in District Court in cases in which a criminal complaint has been filed alleging violation of Title
36, section 2113 or 5332.
[2005, c. 218, §1 (amd).]
div> (CONFLICT: Text as amended by PL 2005, c. 332, §1) Upon promulgation of and in accordance with rules adopted by the Supreme
Judicial Court, employees of the Department of Administrative and Financial Services, Bureau of Revenue Services may serve
civil process and represent the bureau in District Court in disclosure proceedings pursuant to Title 14, chapter 502, ancillary
to the collection of taxes for which warrants have been issued pursuant to Title 36, and may represent the State Tax Assessor
in arraignment proceedings in District Court in cases in which a criminal complaint has been filed alleging violation of a
provision of Title 36.
[2005, c. 332, §1 (amd).]
div> Upon the promulgation of and in accordance with rules adopted by the Supreme Judicial Court, employees of the Department of
the Attorney General may serve civil process and represent the State in District Court in disclosure proceedings pursuant
to Title 14, chapter 502.
[2003, c. 278, §4 (new).]
div> If the Supreme Judicial Court adopts rules under this section, the rules must include the establishment of standards and a
method to certify employees of the Bureau of Unemployment Compensation, the Department of the Attorney General and the Bureau
of Revenue Services who may represent the State in court under this section as being familiar with court procedures.
[2003, c. 278, §4 (amd).]
Section History:
PL 1985,
Ch. 598,
§2
(NEW).
PL 1987,
Ch. 497,
§1
(AMD).
PL 1989,
Ch. 508,
§1
(AMD).
PL 1995,
Ch. 560,
§G2
(AMD).
PL 1997,
Ch. 526,
§14
(AMD).
PL 2003,
Ch. 278,
§4
(AMD).
PL 2005,
Ch. 218,
§1
(AMD).
PL 2005,
Ch. 332,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §807. Unauthorized practice of law
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §807. Unauthorized practice of law
1. Prohibition. No person may practice law or profess to practice law within the State or before its courts, or demand or receive any remuneration
for those services rendered in this State, unless that person has been admitted to the bar of this State and has complied
with section 806-A, or unless that person has been admitted to try cases in the courts of this State under section 802.
[1989, c. 104, Pt. C, §§2 and 10 (rpr); c. 265, §1 (new); c. 755 (rpr).]
2. Violation. Any person who practices law in violation of these requirements is guilty of the unauthorized practice of law, which is
a Class E crime.
[1989, c. 265, §1 (new); c. 755 (rpr).]
3. Application. This section shall not be construed to apply to:
A. Practice before any Federal Court by any person admitted to practice therein;
[1989, c. 265, §1 (new); c. 755 (rpr).]
B. A person pleading or managing that person's own cause in court;
[1989, c. 265, §1 (new); c. 755 (rpr).]
C. An officer or authorized employee of a corporation, partnership, sole proprietorship or governmental entity, or a member,
manager or authorized employee of a limited liability company, who is not an attorney but is appearing for that organization:
(1) In an action cognizable as a small claim under Title 14, chapter 738; or
(2) For the purposes of entering a plea or answer and paying the fine or penalty for a violation by that organization of
Title 23, chapter 24 or Title 29-A;
[2001, c. 119, §1 (amd).]
D. A person who is not an attorney, but is representing a municipality under:
(1) Title 30-A, section 2671, subsection 3;
(3) Title 30-A, section 4452, subsection 1; or
(4) Title 38, section 441, subsection 2;
[1997, c. 296, §1 (amd).]
E. A person who is not an attorney, but is representing the Department of Environmental Protection under Title 38, section
342, subsection 7;
[1989, c. 265, §1 (new); c. 755 (rpr).]
F. A person who is not an attorney, but is representing the Bureau of Unemployment Compensation or the Bureau of Revenue Services
under section 807-A;
[1995, c. 560, Pt. G, §1 (amd); 1997, c. 526, §14 (amd).]
G. A person who is not an attorney, but is representing a party in any hearing, action or proceeding before the Workers' Compensation
Board as provided in Title 39-A, section 317;
[1995, c. 419, §1 (amd).]
H. A person who is not an attorney but has been designated to represent the Department of Health and Human Services under Title
22, section 3473, subsection 3 or under Title 34-B, section 1204, subsection 7 in Probate Court proceedings;
[RR 2003, c. 2, §1 (cor).]
I. A person who is not an attorney, but is representing the Department of Health and Human Services in a child support enforcement
matter as provided by Title 14, section 3128-A, subsection 7; Title 18-A, section 5-204; and Title 19-A, section 2361, subsection
10;
[2001, c. 554, §1 (amd); 2003, c. 689, Pt. B, §6 (rev).]
J. For the purposes of defending a civil action filed against a corporation, an officer of the corporation if the corporation
is organized in this State and has 5 or fewer shareholders;
[1997, c. 683, Pt. E, §2 (amd).]
K. A person who is not an attorney, but who is representing the Department of Health and Human Services in accordance with
Title 19-A, section 1615; Title 19-A, section 2009, subsection 8; Title 19-A, section 2201, subsection 1-B; and Title 19-A,
section 2202, subsection 1-B;
[1999, c. 139, §1 (amd); 2003, c. 689, Pt. B, §6 (rev).]
L. A person who is not an attorney, but who is representing the Department of Agriculture, Food and Rural Resources in accordance
with Title 7, section 3909, subsection 2;
[2003, c. 278, §1 (amd).]
M. A law enforcement officer, as defined in Title 29-A, section 101, subsection 30, who is not an attorney but who is representing
the State in the prosecution of a traffic infraction, as defined in Title 29-A, section 101, subsection 85, when representation
in that matter has been approved by the prosecuting attorney; or
[2003, c. 278, §2 (amd).]
N. A person who is not an attorney, but is representing the State under section 807-A.
[2003, c. 278, §3 (new).]
[2003, c. 278, §§1-3 (amd); c. 689, Pt. B, §6 (rev); RR 2003, c. 2, §1 (cor).]
4. Evidence. In all proceedings, the fact, as shown by the records of the Board of Overseers of the Bar, that that person is not recorded
as a member of the bar shall be prima facie evidence that that person is not a member of the bar licensed to practice law
in the State.
[1989, c. 265, §1 (new); c. 755 (rpr).]
div> Notwithstanding any of the other provisions of this chapter and under such terms, conditions, limitations, qualifications
and supervision as the Supreme Judicial Court shall by rule require, a senior law student who is enrolled in a law school
which is approved by the American Bar Association, may appear in the courts of the State on behalf of the State or an agency
thereof, or under the supervision of an organization providing legal services to the indigent approved by the Supreme Judicial
Court on behalf of an individual receiving services through such organization.
[1989, c. 755 (rpr).]
Section History:
PL 1965,
Ch. 92,
§1
(AMD).
PL 1969,
Ch. 396,
§
(AMD).
PL 1973,
Ch. 625,
§13
(AMD).
PL 1975,
Ch. 636,
§
(AMD).
PL 1977,
Ch. 593,
§1
(AMD).
PL 1977,
Ch. 696,
§26
(AMD).
PL 1979,
Ch. 700,
§2
(AMD).
PL 1983,
Ch. 126,
§
(AMD).
PL 1983,
Ch. 420,
§
(AMD).
PL 1983,
Ch. 796,
§2
(AMD).
PL 1985,
Ch. 124,
§8
(AMD).
PL 1985,
Ch. 598,
§1
(AMD).
PL 1985,
Ch. 742,
§1
(AMD).
PL 1987,
Ch. 30,
§
(AMD).
PL 1987,
Ch. 402,
§A8
(AMD).
PL 1987,
Ch. 559,
§B1
(AMD).
PL 1987,
Ch. 737,
§C4,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C2,C8,C10
(AMD).
PL 1989,
Ch. 265,
§1
(AMD).
PL 1989,
Ch. 755,
§
(RPR).
PL 1989,
Ch. 858,
§1
(AMD).
PL 1991,
Ch. 885,
§E4
(AMD).
PL 1991,
Ch. 885,
§E47
(AFF).
PL 1995,
Ch. 65,
§A153,C15
(AFF).
PL 1995,
Ch. 65,
§A5
(AMD).
PL 1995,
Ch. 419,
§1-3
(AMD).
PL 1995,
Ch. 560,
§G1,K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1995,
Ch. 599,
§1-3
(AMD).
PL 1995,
Ch. 694,
§D4
(AMD).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 238,
§1
(AMD).
PL 1997,
Ch. 296,
§1
(AMD).
PL 1997,
Ch. 393,
§A6
(AMD).
PL 1997,
Ch. 393,
§A7
(AFF).
PL 1997,
Ch. 466,
§1,2
(AMD).
PL 1997,
Ch. 466,
§28
(AFF).
PL 1997,
Ch. 526,
§14
(AMD).
PL 1997,
Ch. 669,
§1
(AMD).
PL 1997,
Ch. 683,
§E2-4
(AMD).
RR 1997,
Ch. 1,
§2
(COR).
PL 1999,
Ch. 139,
§1-3
(AMD).
PL 2001,
Ch. 119,
§1
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 554,
§1
(AMD).
PL 2003,
Ch. 278,
§1-3
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
RR 2003,
Ch. 2,
§1
(COR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §808. Action for injunction
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §808. Action for injunction
Upon his own information or upon complaint of any person, including any judge or any organized bar association in this State,
the Attorney General may maintain an action for injunctive relief in the Superior Court against any person who renders, offers
to render or holds himself out as rendering any service which constitutes the unauthorized practice of the law. Any organized
bar association in this State may intervene in the action, at any stage of the proceeding, for good cause shown.
[1965, c. 92, § 2 (new).]
div> The action may be maintained by any organized bar association in this State.
[1965, c. 92, § 2 (new).]
Section History:
PL 1965,
Ch. 92,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §809. Investigation by Attorney General
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §809. Investigation by Attorney General
The Attorney General may investigate any complaint of unauthorized practice of the law and the Attorney General, his deputy,
assistant, special assistant or other officer designated by him may subpoena witnesses, compel their attendance, examine them
under oath and require the production of any relevant documentary evidence.
[1965, c. 92, § 2 (new).]
div> The laws relating to the attendance of witnesses in civil actions and the payment of their fees and expenses to those witnesses
shall apply to investigations made by the Attorney General under sections 808 to 811.
[1965, c. 92, § 2 (new).]
div> If a person fails or refuses to obey a subpoena or to testify as to any material matter regarding which he may be interrogated,
the Superior Court, upon application by the Attorney General, may issue to the person an order requiring him to appear before
the Attorney General, or the officer designated by him, to produce documentary evidence, or testify. Failure to obey the order
of the court may be punished by the court as a contempt of court.
[1965, c. 92, § 2 (new).]
div> When requested, public officers, their deputies, assistants, subordinates, clerks or employees shall furnish to the Attorney
General, his deputy, assistants or other designated officer all information and assistance.
[1965, c. 92, § 2 (new).]
div> Investigations under this section shall be confidential. Any person participating in the investigation who, except as required
in the discharge of his official duties, discloses to any person other than to a person under investigation, the name of any
person under investigation or of any witness examined, or any other information obtained in the investigation is guilty of
a Class E crime.
[1977, c. 696, § 27.]
div> Every person, whose conduct is investigated under this section, shall be furnished with a written specification of the issues
which are to be considered, and shall be given an opportunity to present evidence and be heard upon the specified issues.
[1965, c. 92, § 2 (new).]
Section History:
PL 1965,
Ch. 92,
§2
(NEW).
PL 1977,
Ch. 696,
§27
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §810. Remedies and procedures additional
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §810. Remedies and procedures additional
The remedies and procedures provided in sections 808 to 811 are in addition to and not in substitution for other available
remedies and procedures.
[1965, c. 92, § 2 (new).]
Section History:
PL 1965,
Ch. 92,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §811. Person defined
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §811. Person defined
"Person" means any individual, corporation, partnership or association.
[1965, c. 92, § 2 (new).]
Section History:
PL 1965,
Ch. 92,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §812. Attorneys' Client Security Fund (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 1: ADMISSION TO PRACTICE §812. Attorneys' Client Security Fund (REPEALED)
Section History:
PL 1991,
Ch. 9,
§E2
(NEW).
PL 1991,
Ch. 528,
§E5
(RP ).
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 591,
§E5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §851. Information against attorney
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §851. Information against attorney
Whenever an information is filed in the office of the clerk of courts in any county by the Attorney General, or by a committee
of the State Bar Association, or by a committee of the bar or bar association of such county, charging that an attorney at
law has conducted himself in a manner unworthy of an attorney, or has become and is disqualified for the office of attorney
and counselor at law, for reasons specified in the information, any Justice of the Supreme Judicial Court may, in the name
of the State, issue a rule requiring the attorney informed against to appear on a day fixed to show cause why his name should
not be struck from the roll of attorneys, or such other disciplinary measures imposed as the justice deems appropriate, which
rule, with an attested copy of the information, shall be served upon such attorney in such manner as the justice directs at
least 14 days before the return day, and shall be made returnable either in the county where such attorney resides or where
it is charged that the misconduct was committed.
[1965, c. 309, § 1 (amd).]
Section History:
PL 1965,
Ch. 309,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §852. Denial of charges; information to stand for hearing
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §852. Denial of charges; information to stand for hearing
If the attorney on whom such service has been made, on or before said return day files in the office of the clerk of courts
in said county of return a denial of the charges specified in the information, the information shall thereupon stand upon
the docket for hearing at such time and place as said justice shall order, upon such lawful evidence as may be produced either
by the State or by the respondent.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §853. Proceedings on default or hearing
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §853. Proceedings on default or hearing
If such attorney fails to file his denial, the facts set forth in the information shall be taken as confessed. If the justice
finds that the facts so confessed are sufficient to disqualify the respondent from holding the office of attorney and counselor
at law, or if, in case of denial, the justice upon hearing finds that any of the charges specified are true and that the acts
proved are sufficient to disqualify the respondent, he shall give judgment accordingly, and shall enter a decree that the
respondent be removed from the office of attorney and counselor at law in all the courts of the State and that his name be
struck from the roll of attorneys.
div> If the justice upon the facts so confessed, or, in the case of denial, upon hearing, finds that any of the charges specified
are true but that the acts proved are not sufficient to disqualify the respondent permanently from holding the office of attorney
and counselor at law, he shall give judgment accordingly and may suspend such respondent from the practice of law for such
period as the justice may deem appropriate, or impose such other disciplinary measures as the justice deems appropriate.
[1965, c. 309, § 2 (new).]
Section History:
PL 1965,
Ch. 309,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §854. Judgment final unless appealed
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §854. Judgment final unless appealed
The judgment of such justice shall be final unless the respondent within one week files his appeal therefrom to the law court
by entering his claim therefor upon the docket.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §855. Appeals
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §855. Appeals
The appeal shall be heard upon printed copies of the case furnished by the respondent at the next law term. If the case is
not argued, it shall be decided upon the record, and if the respondent fails to enter his appeal with the printed copies of
the case during the first 3 days of said law term, the counsel for the prosecution shall enter the appeal with an attested
copy of the judgment and decree, whereupon the same shall be affirmed by the law court.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §856. Conduct of prosecution
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §856. Conduct of prosecution
The prosecution shall be conducted by the district attorney for the county where the rule is returnable, unless the justice
issuing the rule appoints some other suitable counsel to perform said duty. Compulsory process shall issue to compel the attendance
of witnesses, and in case of decree of removal, judgment shall be rendered in behalf of the State against the respondent for
full costs to be taxed by the court.
[1973, c. 567, § 20 (amd).]
Section History:
PL 1973,
Ch. 567,
§20
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §857. Interpretation of provisions
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §857. Interpretation of provisions
Sections 851 to 856 do not annul or restrict any authority hitherto possessed or exercised by the courts over attorneys.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §858. Resignation and reinstatement of attorneys
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §858. Resignation and reinstatement of attorneys
Any member of the bar of this State may resign from the office of attorney and counselor at law by submitting his resignation
to any Justice of the Supreme Judicial Court who may or may not, in his discretion, in the name of the State of Maine accept
such resignation and order that such attorney's name be stricken from the roll of attorneys of the State. No person whose
resignation from his office of attorney and counselor at law has been accepted by a Justice of the Supreme Judicial Court
shall be readmitted to the practice of law in any of the courts of the State or entitled to practice law within said State
unless and until he shall have been reinstated as an attorney and counselor at law by a Justice of the Supreme Judicial Court.
The procedure for such reinstatement shall be the same as in the case of attorneys who have been disbarred.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §859. False advertising or representation to be an attorney.
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §859. False advertising or representation to be an attorney.
If any person who has not been admitted to practice law in this State or whose name has been struck from the roll of attorneys
advertises as or represents himself to be an attorney or counselor at law, he shall be guilty of a Class E crime.
[1977, c. 696, § 28 (rpr).]
Section History:
PL 1977,
Ch. 696,
§28
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §860. Management of causes by parties or counsel
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 2: REMOVAL AND RESIGNATION §860. Management of causes by parties or counsel
Parties may plead and manage their own causes in court or do so by the aid of such counsel as they see fit to employ. No person
whose name has been struck from the roll of attorneys for misconduct shall plead or manage causes in court under a power of
attorney for any other party or be eligible for appointment as a notary public.
[1981, c. 456, Pt. A, § 6 (amd).]
Section History:
PL 1981,
Ch. 456,
§A6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §901. Establishment and maintenance (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 3: CENTRAL REGISTER §901. Establishment and maintenance (REPEALED)
Section History:
PL 1971,
Ch. 115,
§1,2
(AMD).
PL 1979,
Ch. 13,
§6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §902. Preparation (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 3: CENTRAL REGISTER §902. Preparation (REPEALED)
Section History:
PL 1971,
Ch. 115,
§1,2
(AMD).
PL 1979,
Ch. 13,
§6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §903. Revision (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 3: CENTRAL REGISTER §903. Revision (REPEALED)
Section History:
PL 1971,
Ch. 115,
§1,2
(AMD).
PL 1979,
Ch. 13,
§6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §904. Register as evidence (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 3: CENTRAL REGISTER §904. Register as evidence (REPEALED)
Section History:
PL 1971,
Ch. 115,
§1,2
(AMD).
PL 1979,
Ch. 13,
§6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §905. Certificates (REPEALED)
Title 4: JUDICIARY Chapter 17: ATTORNEYS AT LAW Subchapter 3: CENTRAL REGISTER §905. Certificates (REPEALED)
Section History:
PL 1971,
Ch. 115,
§1,2
(AMD).
PL 1979,
Ch. 13,
§6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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