§ Rule 89 Withdrawal of Attorneys; Visiting Lawyers; Temporary Practice With Legal Services Organizations

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Rule 89. Withdrawal of Attorneys; Visiting Lawyers; Temporary Practice With Legal Services Organizations

    (a) Withdrawal of Attorneys. An attorney may withdraw from a case in which the attorney appears as sole counsel for a client, by serving notice of withdrawal on the client and all other parties and filing the notice, provided that (1) such notice is accompanied by notice of the appearance of other counsel, (2) there are no motions pending before the court, and (3) no trial date has been set. Unless these conditions are met, the attorney may withdraw from the case only by leave of court. A motion for leave to withdraw shall state the last known address of the client and shall be served on the client in accordance with Rule 5. This subdivision shall not apply to a limited appearance filed under Rule 11 (b) unless the attorney seeks to withdraw from the limited appearance itself.

    (b) Visiting Attorneys. Any member in good standing of the bar of any other state or of the District of Columbia may at the discretion of the court, on motion by a member of the bar of this state who is actively associated with the out-of-state attorney in a particular action, be permitted to practice in that action. The court may at any time for good cause revoke such permission without hearing. An attorney so permitted to practice in a particular action shall at all times be associated in such action with a member of the bar of this state, upon whom all process, notices and other papers shall be served and who shall sign all papers filed with the court and whose attendance at any proceeding may be required by the court. Visiting attorneys shall not be permitted to file limited appearances.

    (c) Attorneys Practicing With Legal Services Organizations. Any member in good standing of the Bar of any other state or of the District of Columbia who becomes employed by a legal services organization based in this State that is funded from state, federal or recognized charitable sources and provides legal assistance to indigents in civil matters, may be permitted to practice before the courts of this State subject to the provisions of this Rule. Attorneys permitted to
practice under this Rule are not, and shall not represent themselves to be, members of the bar of this State, and shall not practice law in Maine outside of the scope of the attorney's employment with a legal services organization based in Maine. Practice under this Rule shall be subject to the following conditions:

        (1) An application for temporary permission to practice law in this State under the provisions of this Rule shall be filed with the Clerk of the Law Court, and shall be accompanied by:

            (A) a certificate of the highest court of another state certifying that the attorney is a member in good standing in the bar of that court; and

            (B) a statement signed by the executive director or chief executive officer of the legal services organization that the attorney (i) is currently employed by the organization, and (ii) has expressly agreed not to practice law in Maine outside of the scope of the attorney's employment with the legal services organization.

        (2) An attorney is permitted to practice subject to the provisions of this rule on the date that the application for temporary permission to practice law is approved by a single justice of the Supreme Judicial Court. An attorney's permission to practice subject to the provisions of this Rule shall be effective only when a copy of the Court's approval is filed with the Board of Overseers of the Bar and shall remain in effect for the time specified in the application, but not to exceed two years from the date the application is approved.

        (3) Permission to practice under this Rule shall terminate whenever the attorney ceases to be employed by the legal services organization. When an attorney permitted to practice under this Rule ceases to be so employed, the attorney shall file a statement to that effect with the Clerk of the Law Court and the Board of Overseers of the Bar.

        (4) An attorney permitted to practice temporarily under this Rule shall perform no legal services within the State except for clients aided by the legal services organization by which the attorney is employed and for such purposes only, and the attorney shall not accept any compensation for such services, except such salary as may be paid by the legal services organization, or by a governmental body or charitable institution to enable the attorney to work for the legal services organization.

        (5) All pleadings signed by an attorney permitted to practice under this Rule shall bear the name and office address, and be signed on behalf of, an attorney supervisor of the organized legal services organization concerned, who shall be an attorney fully licensed to engage in the general practice of law within this State.

        (6) Attorneys permitted to practice temporarily under this Rule are subject to the Maine Bar Rules and may be disciplined or suspended from practice in the manner now or hereafter provided by rule for the discipline or suspension of attorneys generally.