M.R. Prof. Conduct 1.5

(a) A lawyer shall not make an agreement for, charge, or collect an

unreasonable fee or an unreasonable amount for expenses. A fee or

charge for expenses is unreasonable when, after a review of the facts,

a lawyer of ordinary prudence would be left with a definite and firm

conviction that the fee or expense is in excess of a reasonable fee or

expense. The factors to be considered in determining the

reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty of the

questions involved, and the skill requisite to perform the legal

service properly;

(2) the likelihood that the acceptance of the particular

employment will preclude other employment by the lawyer;

(3) the range of fees customarily charged in the locality for similar

legal services;

(4) the responsibility assumed, the amount involved and the

results obtained;

(5) the time limitations imposed by the client or by the

circumstances;

(6) the nature and length of the professional relationship with the

client;

(7) the experience, reputation, and ability of the lawyer or lawyers

performing the services;

(8) whether the fee is fixed or contingent;

(9) whether the client has given informed consent as to the fee

arrangement;

(10) whether the fee agreement is in writing; and

(11) any other risks allocated by the fee agreement or potential

benefits of the fee agreement, judged as of the time the fee

agreement was made.

(b) The scope of the representation and the basis or rate of the fee

and expenses for which the client will be responsible shall be

communicated to the client, preferably in writing, before or within a

reasonable time after commencing the representation, except when

the lawyer will charge a regularly represented client on the same

basis or rate. Any changes in the basis or rate of the fee or expenses

shall also be communicated to the client.

(c) A fee may be contingent on the outcome of the matter for which

the service is rendered, except in a matter in which a contingent fee

is prohibited by paragraph (d) or other law. A contingent fee

agreement shall be in a writing signed by the client and shall state

the method by which the fee is to be determined, including the

percentage or percentages that shall accrue to the lawyer in the

event of settlement, trial or appeal; litigation and other expenses to

be deducted from the recovery; and whether such expenses are to be

deducted before or after the contingent fee is calculated. The

agreement must clearly notify the client of any expenses for which

the client will be liable whether or not the client is the prevailing

party. Upon conclusion of a contingent fee matter, the lawyer shall

provide the client with a written statement stating the outcome of

the matter and, if there is a recovery, showing the remittance to the

client and the method of its determination. A general form of

Contingent Fee Agreement is attached to the comments to this rule.

(d) A lawyer shall not enter into an arrangement for, charge, or

collect:

(1) a contingent fee in any initial action for divorce, annulment,

judicial separation, paternity or parentage, parental rights and

responsibilities, emancipation, grandparent visitation,

guardianship, or child support, or in any post-judgment

proceeding to modify, alter, or amend an order arising from

these actions; or

(2) a contingent fee for representing a defendant in a criminal

case; or

(3) any fee to administer an estate in probate, the amount of which

is based on a percentage of the value of the estate.

(e) A lawyer shall not divide a fee for legal services with another

lawyer who is not a partner in or associate of the lawyer’s law firm or

office unless:

(1) after full disclosure, the client consents to the employment of

the other lawyer and to the terms for the division of the fees,

confirmed in writing; and

(2) the total fee of the lawyers does not exceed reasonable

compensation for all legal services they rendered to the client.

(f) A lawyer may accept payment by credit card for legal services

previously rendered, or for an advance payment of fees or

nonrefundable fee otherwise permitted by these rules.

(g) A lawyer practicing in this State shall submit, upon the request of

the client, the resolution of any fee dispute in accordance with the

Supreme Judicial Court’s rules governing fee arbitration.

(h) A lawyer may enter into an agreement for a client to pay a

nonrefundable fee that is earned before any legal services are

rendered. The amount of such an earned fee must be reasonable, like

any fee, in light of all relevant circumstances. A lawyer cannot accept

a nonrefundable fee, or characterize a fee as nonrefundable, unless

the lawyer complies with the following conditions:

(1) The lawyer confirms to the client in writing before or within a

reasonable time after commencing representation (a) that the

funds will not be refundable and (b) the scope of availability

and/or services the client is entitled to receive in exchange for

the nonrefundable fee;

(2) A lawyer shall not solicit or make any agreement with a client

that prospectively waives the client’s right to challenge the

reasonableness of a nonrefundable fee, except that a lawyer

can enter into an agreement with a client that resolves an

existing dispute over the reasonableness of a nonrefundable

fee, if the client is separately represented or if the lawyer

advises the client in writing of the desirability of seeking

independent counsel and the client is given a reasonable

opportunity to seek such independent counsel.

(3) Where it accurately reflects the terms of the parties’

agreement, and where such an arrangement is reasonable

under all of the relevant circumstances and otherwise complies

with this Rule, a fee agreement may describe a fee as

“nonrefundable,” “earned on receipt,” a “guaranteed

minimum,” or other similar description indicating that the

funds will be deemed earned regardless whether the client

terminates the representation.

(i) A nonrefundable fee that complies with the requirements of

(h)(1)-(2) above constitutes property of the lawyer that should not

be commingled with client funds in the lawyer’s trust account. Any

funds received in advance of rendering services that do not meet the

requirements of (h)(1)-(3) constitute an advance that must be

deposited in the lawyer’s trust account in accordance with Rule

1.15(b)(1) until such funds are earned by rendering services.

(j) For definitions of “advance,” “retainer,” and “nonrefundable fee”

as used in this Rule, see the definitions in Rule 1.0.

CONTINGENT FEE AGREEMENT

To Be Executed In Duplicate

Date, 20

The client,

(Name) (Street & Number) (City or Town)

retains the attorney

(Name) (Street & Number)

(City or Town)

to perform the legal services mentioned in par. (1) below. The attorney agrees to perform

them faithfully and with due diligence.

(1) The claim, controversy, and other matters with reference to which the services are

to be performed are:

(2) The contingency upon which compensation is to be paid is:

(3) The client is not to be liable to pay compensation otherwise than from amounts

collected for the client by the attorney, except as follows:

(4) Reasonable compensation on the foregoing contingency is to be paid by the client to

the attorney, but such compensation (including that of any associated counsel) to be paid

by the client shall not exceed the following maximum percentages of the gross (net)

(indicate which) amount collected. Here insert the maximum percentages to be charged in

the event of collection. These may be on a flat basis or in a descending scale in relation to

amount collected.)

(5) The client is to be liable to the attorney for the attorney's reasonable expenses and

disbursements as hereinafter specified.

A. Litigation costs. Costs of the action, including:

1. Filing fees paid to the clerk of courts;

2. Fees for service of process and other documents;

3. Attendance fees and travel costs paid to witnesses;

4. Expert witness fees and expenses;

5. Costs of medical reports;

6. Costs of visual aids; and

7. Costs of taking depositions.

B. Travel expenses. Expenses for travel by the attorney on behalf of the client.

C. Telephone. Disbursements for long-distance telephone calls made by the attorney on

behalf of the client.

D. Postage. Postage paid by the attorney for mailings on behalf of the client; and

E. Copying. Costs of photocopying and facsimile telecopying done by the attorney on

behalf of the client.

F. Other: (Specify). (The client agrees that fees paid pursuant to this agreement will be

divided. Attorney________________ will receive ___________ (dollars or percent of the contingent

fee) and Attorney ________________ will receive (dollars or percent of the contingent fee).)

(6) This agreement and its performance are subject to Rule 1.5 of the Maine Rules

of Professional Conduct.

WE HAVE EACH READ THE ABOVE AGREEMENT BEFORE SIGNING IT.

Witnesses to signatures

To client:

Signature of Client

To attorney:

Signature of Attorney

(If more space is needed, separate sheets may be attached and initialed.)