Opinion
BAR-20-007
11-02-2022
In Re: Nicholas Bull, Esq. (deceased) of Lovell, ME
Atty. Adrian P. Kendall Receiver for the Law Practice of Nicholas Bull Norman, Hanson & DeTroy, LLC
Atty. Adrian P. Kendall Receiver for the Law Practice of Nicholas Bull Norman, Hanson & DeTroy, LLC
PETITION FOR DISCHARGE M. BAR R. 32(C)
I, Adrian P. Kendall, was appointed as Receiver of Nicholas Bull's law practice by Order of this Court dated September 9, 2020 pursuant to M. Bar R. 32. On December 30, 2020, I filed with the Supreme Judicial Court a Report of Receiver (the "Interim Report"). A copy of that Interim Report is attached with this final report for ease of reference.
At the time of the filing of the Interim Report, all active matters were either transitioned to counsel designated by the client or resolved, and the majority of all other client files from Attorney Bull's practice were either returned to attorney Bull's former clients, or destroyed pursuant to their instructions. However, a number of files and documents remained unclaimed at that time. Due to concerns relating to inability to contact individuals during the height of the COVID-19 epidemic, and the lack of inconvenience to the Receiver and his law firm, we continued in efforts to contact clients and also held their files or documents in accordance with our firm's established confidential client file management protocols.
In my continued capacity as Receiver, I now submit this Petition for Discharge and incorporated final report.
Discharge Plan.
In accordance with M. Bar R. 32(b), I submit a discharge plan and incorporated report as follows:
1. In accordance with M. Bar R. 32(c)(1) and (2), with respect to those client files and data that have not been claimed, as disclosed in the attached inventory of files released, destroyed or retained, the Receiver proposes that:
A. He be designated as the file caretaker, subject to an obligation to preserve client confidentiality, and to maintain and release such files and data to clients subsequent to discharge.
B. His law firm, Norman, Hanson & DeTroy, LLC, maintain those files and data in its custody and care, maintaining all appropriate confidentiality protocols.
C. He, as caretaker, be authorized to cause such client files and data to be confidentially destroyed in accordance the M.R. Prof. Conduct 1.15(f) upon the expiration of the eighth (8th) anniversary of an order by this Court approving the discharge plan.
D. He, as caretaker, be required to provide written notice to the Board of Overseers confirming the confidential destruction of the client files and data immediately after it has occurred.
2. In accordance with Rule 32(c)(3): The Receiver confirms that no operating accounts were found to exist in the name of attorney Bull's law practice.
3. In accordance with Rule 32(c)(4): With respect to the IOLTA funds in the amount of $43.25, as disclosed in the Interim Report, the Receiver confirms that no claim to those funds was received and ownership was not ascertainable from any records recovered. The Receiver proposes those funds be paid over to the Board of Overseers.
3. With respect to the $840 balance that was found to be due and owing to the Division of Corporations, UCC & Commissions, Department of the Secretary of State, for annual report fees not paid by attorney Bull, the Receiver confirms that he ensured no adverse client impact by arranging for those amounts to be paid the personal representative of the estate of attorney Bull.
4. The Receiver further confirms that he does not propose or request any compensation and also makes no claim for expenses incurred, as previously indicated in the Interim Report.
By copy of this Petition for Discharge, I am also advising Bar Counsel to the Board of Overseers of the Bar of the completion of my work as the Receiver. In addition, I am providing Bar Counsel with a copy of the complete file inventory for their use in the event a former client of attorney Bull should contact them.
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Date: October 11,2022