These aspirational goals are intended to provide suggested objectives that all lawyers who engage in advertising their services should be encouraged to achieve in order that lawyer advertising may be more effective and reflect the professionalism of the legal community.
Me. R. Prof. Cond. 7.2-A
[See Reporter's Notes.]
Rule-A, derived from M. Bar R. 2-A, is not based on or included as part of the Model Rules. The Aspirational Goals in M. Bar R. 2-A were adopted by the Maine Supreme Judicial Court on February 1, 2005 to "provide assistance to lawyers who seek to know, not what is the minimally acceptable behavior for a lawyer, but rather, what conduct attorneys should aspire to achieve in their efforts to advance the professionalism and credibility of the profession."3 The Rule's adoption by the Supreme Judicial Court followed a 2002 review of the advertising rules conducted by the Advisory Committee on the Rules of Professional Responsibility, which was charged with the task of recommending whether the advertising rules should be changed, and if so, in what way. The Advisory Committee considered the advertising rules from other jurisdictions. It conducted an open forum for the purposes of soliciting comments from Maine lawyers. The Advisory Committee received a number of comments, and after consideration of these comments, it ultimately concluded, ". . . the aspirational goals will encourage lawyers who advertise to do so in a dignified and professional manner without infringing on the First Amendment's protection of commercial speech."4
3 Separate Statement of Chief Justice Saufley, Regarding the Court's Adoption of Aspirational Goals for Lawyer Professionalism, With Whom Justices Clifford, Rudman, Dana and Levy Join, January 12, 2005.
4 Letter from Michael A. Nelson, Chair of the Advisory Committee on the Rules of Professional Responsibility, to Chief Justice Saufley, September 25, 2002.