Memorandum of Agreement

I.    Parties’ Basic Agreement
The Maine Volunteers Lawyers Project (“VLP”) and (field attorney) hereby agree that the above-listed attorney accepts VLP’s referral and will represent (field client) in his or her     (field matter type).  

The attorney agrees that the legal representation is pursuant to the following VLP policies:

II.    Fees and Costs
1.    VLP will determine the client’s eligibility for volunteer services prior to referral.  The attorney will not charge the client for any legal fees, except as noted in Paragraphs 2, 6, 7, 8 and 9.  

2.    If during the course of representation the client’s financial circumstances change, the attorney shall contact VLP to again determine eligibility.  If VLP determines that the client is no longer eligible for pro bono services, the attorney may discontinue volunteer representation and set up his or her own fee arrangement with the client.

3.    Attorneys should file a Motion to proceed In Forma Pauperis in any civil action where the client is unable to pay service or filing fees.  (See www.vlp.org to find blank and interactive forms for an application and affidavit.)

4.    The attorney may seek reimbursement from VLP to cover the cost of his or her case.  The attorney should first seek payment from the client, but if the client cannot pay the cost the attorney may request reimbursement from VLP’s litigation fund by sending a written request to Juliet Holmes-Smith, Director of VLP (jholmes-smith@vlp.org).  Payment from the litigation fund is discretionary and based on the limited funds available.

5.    The client is responsible for the attorney’s out-of-pocket expenses, including but not limited to potage, toll calls, witnesses fees, travel, filing and sheriff’s fees.  The attorney will seek payment from the client prior to requesting reimbursement from VLP’s litigation fund.

6.    The attorney may ask the court to order a third party to pay his or her fees, and may keep those fees if obtained.

7.    Limited fees are authorized for attorneys handling bankruptcy cases.  In Chapter 13 cases, the attorney may petition the trustee for additional fees up to $500.  The attorney may report the difference between the regular fee and the actual fee as pro bono hours.      

8.    Social Security Disability and Supplemental Security Income denials are referred on a potentially fee-generating basis.  The attorney may enter into a contingency fee agreement to collect no more that 25% of any award of retroactive benefits by the client.  Attorneys who accept these cases also agree to accept SSDI and SSI termination and overpayment cases on a fully pro bono basis.  

9.    Attorneys accepting affirmative tort cases may enter into a contingent fee agreement with the client, with the fee not to exceed 25% of the recovery.  No fee will be collected in cases where specific performance rather than monetary recovery is obtained.  

III.    VLP’s Duties
10.    The pro bono attorney is covered by VLP’s malpractice insurance (primarily) while representing the client referred by VLP.

11.    VLP will maintain its website and make every attempt to provide up-to-date court forms and legal information as a resource for the pro bono attorney.

12.    VLP staff is available to answer questions and act as an additional resource for the pro bono attorney.

IV.    Attorney’s Duties
13.    The attorney has full responsibility for the prosecution of the client’s matter upon acceptance of his or her case.  The VLP acts as a referral service and a resource, not as co-counsel or associated counsel.  If requested, VLP will provide mentors, co-counsel or associated counsel when available.

14.    The attorney agrees to comply with all of VLP’s Fees and Costs policies.

15.    The attorney agrees to send the Acknowledgement Form to VLP after meeting with the client.

16.    The attorney agrees to report the following to VLP in a timely manner:
•    The result of the case;
•    The number of pro bono hours expended on the case; and
•    The amount of a fee that the client would otherwise have been charged.

17.    The terms of the Pro Bono Attorney Retainer Agreement may be revised with the consent of both parties.  Attorney participation is wholly voluntary and may be withdrawn at any time upon the pro bono attorney filing a motion to withdraw with VLP and the court pursuant to Bar Rules 3.5.
                                               
Date                                Staff Signature
                                       Maine Volunteer Lawyers Project
                                               
Date                                Pro Bono Attorney Signature

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