Opinion
BAR-19-008
03-19-2021
BOARD OF OVERSEERS OF THE BAR, Petitioner, v. LAWRENCE A. LUNN, ESQ. of Bangor, ME Me. Bar #002358 Respondent
ORDER
THOMAS D. WARREN JUSTICE
Before the court is a petition by the Board of Bar Overseers for the interim suspension of Respondent Lawrence Lunn pursuant to M. Bar R. 24, which has been consolidated with the pending disciplinary proceeding against Respondent in Bar-19-008.
The court has considered the petition and supporting materials, the objection filed by Attorney Lunn and the information provided by Bar Counsel and Attorney Lunn at a telephonic and Zoom hearing held on March 17, 2021. The court has also considered that three other charges are pending. Those were to have resulted in an agreed finding with a suspension, that suspension to be suspended, until the Board learned that Attorney Lunn had not paid the Fee Arbitration Award. His non-payment precipitated the Board's petition for interim suspension.
It is not disputed that Attorney Lunn has not paid the Fee Arbitration Award in question and that this constitutes a violation of the Bar Rules under M. Bar R. 7(g) and 14(b)(5). Attorney Lunn has advised is that he is currently without the ability to pay the fee arbitration award because his only income is social security and his only asset to pay the award is not liquid and consists of real estate that is not encumbered and has value but cannot promptly be sold.
The court would not ordinarily grant drastic relief under M. Bar R. 24, such as an interim suspension, based on a party's failure to do something that he is financially incapable of doing. The information provided at the March 17 hearing, however, with respect to the one matter that Attorney Lunn states he is still handling, Attorney Lunn's medical condition, his financial situation, and the court's need to schedule a prompt hearing on all the alleged violations if an interim suspension is not imposed, persuade the court that it needs to take some action.
M. Bar R. 24(b) allows the court to order an immediate interim suspension or '"may order such other action as it deems appropriate." In this case the court finds the following action to be appropriate in order to avoid injury to clients, to the public, and to the administration of justice and hereby orders:
1. Effective immediately, pending further order of the court, Attorney Lunn shall not undertake any legal work for any new client and shall not perform any legal work for any client other than the one client whom he advised the court he is representing on a pending personal injury claim. He shall promptly inform Bar Counsel of the name and contact information for that client.
2. Attorney Lurm shall within 14 days obtain, as co-counsel on that personal injury claim, another lawyer who would be capable of taking over that client's case if Mr. Lunn is suspended, who would share responsibility for the remaining pretrial work and negotiations with the insurance company, and who would be capable of taking the case to trial if it does not settle. Before any final agreement with that lawyer is entered, Attorney Lunn shall promptly inform Bar Counsel of
the name of that lawyer and the arrangement reached with that lawyer so that Bar Counsel shall have an opportunity to raise any objections.
3. Attorney Limn shall promptly review his files and advise Bar Counsel if he discovers that he has any pending client matters that were not disclosed at the March 17 hearing.
4. Attorney Lunn shall promptly respond to any inquiries by Bar Counsel as to the status of his pending legal work.
5. Attorney Lunn shall begin paying the Fee Arbitration Award at a rate of at least $500 per month beginning on April 15, 2021 or shall show cause in writing by that date why he cannot make such monthly payments. Attorney Lunn shall also provide the address of his real estate to Bar Counsel and to the party who obtained the fee arbitration award so that a lien can be placed on that property to satisfy the fee arbitration award if it is not otherwise satisfied.
The court is mindful that if Mr. Lunn were to be suspended - on an interim basis or otherwise - and a receiver appointed, that would potentially delay the resolution of that client's claim.
If Bar Counsel believes any further conditions should be imposed, learns of any violations of this order, or has other concerns with respect to Attorney Lunn, Bar Counsel shall so advise the court. In the interim, the court will defer a final ruling on the Board's petition for an interim suspension.
Bar Counsel's petition included a confidential addendum to the fee arbitration award, and the confidential addendum shall be impounded pursuant to M. Bar R. 7(h).