Opinion
GCF-22-314
05-11-2023
BOARD OF OVERSEERS OF THE BAR, Plaintiff v. Lawrence C. Winger, Esq. of Portland, ME Me. Bar #002101 Defendant
Karen Carlisle, LCSW Public Member David R. Dubord, Esq. Panel Member Sarah McPartland-Good, Esq. Panel Chair
Karen Carlisle, LCSW Public Member
David R. Dubord, Esq. Panel Member
Sarah McPartland-Good, Esq. Panel Chair
PROBATION MONITORING ORDER
1. Starting on May 11, 2023 and continuing for a period of one (1) year, Lawrence C. Winger (hereinafter "Winger") shall be monitored in his practice by Amy Robidas, Esq. If Attorney Robidas is unable to continue her service as Monitor, then that role shall be undertaken by a mutually agreed-upon third party or as otherwise selected and directed by the Grievance Panel.
2. The costs and fees associated with the Monitor's supervision shall be as follows: $50.00 per hour, plus reasonable costs and expenses to be billed and paid monthly, and borne by Winger.
3. Winger will meet with the Monitor at her calling and convenience, on a monthly basis, unless the Monitor subsequently determines that more or less frequent meetings are appropriate.
4. The Monitor shall have the right to withdraw and terminate her services at any time for any reason she deems necessary. If she intends to do so, she shall provide written notice to the Grievance Panel and to Bar Counsel of such withdrawal, whereupon this matter shall then be scheduled for further hearing as deemed appropriate by the Grievance Panel.
5. If any aspect of the monitoring process creates a situation, which is, or might be interpreted to be a conflict of interest under the Maine Rules of Professional Conduct, the Monitor may adopt any one of the following courses with the proposed result:
a. Monitor ceases to act as monitor and a potential conflict is avoided.
b. Monitor continues to serve as the Monitor, but totally excludes Winger's client's matter from the supervision process, so that no conflict is deemed to exist.
c. Monitor continues to serve as the Monitor but withdraws from the conflicted matter.
d. Monitor continues to serve as Monitor and obligates Winger not to participate in the matter, and to promptly refer his client to successor counsel or the Lawyer Referral Service.
6. The Monitor shall have the right to contact clerks of court, judges, opposing counsel, the Board of Overseers of the Bar and Red Cave Law Management, to monitor and confirm Winger's compliance with his professional obligations and terms of the May 11, 2023 Disciplinary Order.
7. Likewise, if the Monitor determines that Winger should refrain from expanding his practice areas, particularly as necessary to comply with provisions of the May 11,2023 Disciplinaiy Order, the Monitor shall inform Winger of that fact. Winger shall then follow the Monitor's directive to refrain or limit his acceptance of such cases, absent this Grievance Panel's order to the contrary.
8. The Monitor shall not initiate contact with any of Winger's clients. The Monitor's only communications in the performance of her monitoring duties shall be with Winger, his counsel, or other persons contemplated by this decision, including the Grievance Panel and Bar Counsel's office. However, if any clients contact the Monitor with concerns about Winger's conduct, then they should be referred to Bar Counsel.
9. The Monitor's participation in the disposition of Winger's disciplinaiy case and monitoring of Winger's practice shall be deemed not to create an attorney-client relationship between Winger and the Monitor or between the Monitor and Winger's clients. Specifically, the Monitor shall be deemed not to represent Winger or any of Winger's clients or to be employed by them in any capacity and the Monitor shall not have any responsibility of any nature to any of them. Moreover, the attorney-client privilege shall not apply to the Monitor's supervision of Winger's practice, and the Monitor shall be immune from any civil liability (including without limitation, any liability for defamation) to Winger or any of Winger's clients.
10. Attorney Robidas shall have the authority to review and examine any of Winger's files, except those in which Attorney Robidas might have adverse interests as defined herein. In that event, Attorney Robidas shall notify Bar Counsel who may then develop an alternative means of file review.
11. Winger shall prepare and present to the Monitor two weeks in advance of their first meeting a list of all his current clients, showing each pending client's matter with a brief summary and calendar of the status thereof. For all subsequent meetings, Winger shall prepare and present that information to the Monitor at least three days in advance of the meeting.
12. Attorney Robidas will, as soon as practicable, have Winger establish a method of objectively identifying problematic or delinquent client matters and have Winger institute internal checks and controls to make his practice appropriately responsible to the needs of his clients.
13. It is permitted and expected that Winger shall incorporate and use assistance from the Monitor as is deemed necessary and appropriate.
14. The Monitor shall file a written confidential report with the Grievance Commission Panel every three months or sooner if the Panel deems it necessary. The Report shall be copied to Winger and Bar Counsel, and shall cover at least the following subjects if applicable:
a. A description of any client matter identified as delinquent or problematic;
b. A description of any matter wherein Winger was discharged by a client, court or agency due to perceived or actual professional misconduct;
c. Measures Winger has put in place to ensure effective law office management and effective, responsive client representation.
d. Any professional assistance the Monitor has provided to Winger; e. A summary of relevant status updates provided by court staff, judges, members of the bar, the Board of Overseers of the Bar and/or Red Cave Law Office Management, as referenced in herein.
15. The Monitor shall have the duty to file a written report with the Grievance Commission and Bar Counsel concerning any apparent or actual professional misconduct by Winger of which the Monitor becomes aware as well as information concerning Winger's inability to return to a Federal/State court appointment roster and/or removal, via consent or involuntarily, from the appointment roster of Federal and/or State courts.
16. The Monitor shall provide a written report to the Grievance Commission and Bar Counsel concerning any lack of cooperation by Winger with the terms of this Order.
17. Winger shall refrain from all improper conduct and shall report immediately any civil or criminal charges to Bar Counsel; he shall further report any convictions arising out of criminal conduct in any jurisdiction.
18. If he has not already done so, Winger shall designate a Maine attorney willing and able to serve as his proxy in the event of any future disability, pursuant to M. Bar R. 1(g) (12). Winger shall promptly inform the Board of that proxy, as well as maintain accurate contact and IOLTA information on file with the Board of Overseers, as is required under the Maine Bar Rules.
19. Winger shall abide by and comply with all provisions of the Maine Rules of Professional Conduct and the Maine Bar Rules.
20. Winger shall report any grievance complaints and disciplinaiy proceedings and/or sanctions to all jurisdictions where he is admitted.
21. Any verified and/or investigated new complaints concerning conduct that allegedly occurred after the date of this Order, may form the basis for additional disciplinary filings directly before the Supreme Judicial Court under M. Bar R. 13(g).
22. Winger's violation of any condition enumerated within this Order may result in the Board's filing a Motion for Violation of the Stipulated Order and a request for further Sanctions.