Opinion
BAR-22-25
01-31-2023
IN RE: Edward G. Dardis, Esq. Me. Bar #01509
ORDER FOR APPOINTMENT OF RECEIVER M. BAR R. 32
This Court. Orders the following:
As of this date, David Levesque, Esq. is appointed as the Receiver of (suspended attorney) Edward G. Dardis's law practice. As such Attorney Levesque and his firm/agents. shall have the sole authority to:
1. Take over the Dardis law office and secure the professional files, client funds and file property of that office as well as secure the law office itself;
2. Obtain signatory authority over all Dardis law office financial accounts including IOLTA, operating/office, and trust accounts, credit lines, investment, retirement and credit card accounts. As soon as practicable, the Receiver shall assume responsibility for all fiduciary accounts over which Mr. Dardis had access to or exercised control.
3. Obtain access to and acquire Mr. Dardis's computer hardware and software; including any mobile devices (together with required passwords), and any post office boxes to secure all law office, legal or fiduciary mall; and Mr. Dardis and his staff shall immediately provide these items and passwords to the Receiver.
4. Inventory the open and if necessary, the closed client files;
5. Give priority attention to client matters which are open and time sensitive:
6. Notify all courts that Attorney Levesque is serving as Mr. Dardis's Receiver until further order of this Court;
7. Notify clients or former clients that Attorney Levesque is serving as a Receiver to the Dardis law practice and provide opportunity for clients to consult with Attorney Levesque, or his agents. Clients shall also be given the opportunity to retrieve their property; and
8. The Receiver shall access and utilize Mr. Dardis s operating and I0L1A accounts to prudently and appropriately manage/wind down the practice. As such, the Receiver may pay expenses, as he deems appropriate given available hinds or anticipated receivables to the firm. Neither Mr. Dardis nor his agent(s) is permitted to pursue firm receivables or demand payment from clients or others purportedly owing payment to the Dardis firm.
9. The Receiver may also hire temporary office staff and take other action as necessary and appropriate to manage, the Dardis law practice.
As a service to the bar. Attorney Levesque acknowledges that he shall serve as a Receiver on a pro bono basis, although if there are sufficient assets (including receivables) at six-month intervals, from Mr. Dardis's law practice, Attorney Levesque may be reimbursed from those assets. The. Receiver shall submit a quarterly written report to the Court containing a record of time worked.
Likewise, the Receiver shall submit an itemized list of any disbursements made to effect the terms of this Order. Mr. Dardis and his law practice shall be the first choice for source of payment for those disbursements. If insufficient assets are available from Mr. Dardis, the Board of Overseers may be an alternate payment source for those disbursements.
Attorney Levesque shall act as Receiver until discharged by the Court either by Motion or in accordance with M. Bar R 32.
Attorney Levesque so appointed, shall not disclose any Information contained In any file listed in the Inventory without the consent of the client to whom such file relates except as may be necessary to carry out an order of court Including any order under M. Bar R. 32(a).
Furthermore, Attorney Levesque may be engaged by any former client of Edward Dardis provided that Attorney Levesque informs such client in writing that the client is free (o choose to employ any attorney, and that the Court's Receiver Order does not mandate or recommend Attorney Levesque's employment by the client.
The Receiver is subject to all Maine Rules of Professional Conduct, Including M. R. Prof Conduct 1.7; 1.8; and 1.9 regarding conflicts of interest. Of note, a client's retention of Attorney Levesque as successor counsel is not a per se conflict of interest solely by reason of appointment by this Order.
Attorney Levesque shall be protected from liability for all professional services rendered in accordance with this Order.
Finally, within one-hundred and twenty (120) days of this Order, the Receiver shall file a status report with the Court.