Opinion
Docket No. BAR-13-
03-18-2013
IN RE: JOHN D. GRIFFIN, ESQ.
ORDER FOR APPOINTMENT OF LIMITED RECEIVER M. Bar R. 7.3(f)(1)
Upon the Petition for Appointment of Limited Receiver filed by the Board of Overseers of the Bar, pursuant to M. Bar R. 7.3(f), the Court Orders the following:
As of this date, Jon S. Oxman, Esq. is appointed the Limited Receiver of Attorney John D. Griffin's law practice. Pursuant to this Order for Appointment, Attorney Oxman shall:
1. Secure the professional files, client property and client data of Attorney Griffin.
2. Inventory all of Attorney Griffin's open and closed client files.
3. Give priority attention to client matters which may be time sensitive.
4. Notify clients or former clients of the location of their respective files or other client property, and provide opportunity for those clients to retrieve their property.
5. As a service to the bar, Attorney Oxman has agreed to serve as the Receiver on a pro bono basis. He shall submit a quarterly written report to the Court and the Board of Overseers of the Bar containing a
record of time worked and disbursements made in this matter. Attorney Griffin's Estate shall be the first choice for source of payment for those disbursements. If insufficient assets are available from Attorney Griffin's Estate, the Board of Overseers of the Bar may be an alternate payment source for those disbursements.
6. Attorney Oxman shall act as Receiver until discharged by the Court either by Motion or in accordance with M. Bar R 7.3(f).
7. Attorney Oxman so appointed shall not disclose any information contained in any file listed in such 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 7.3(f).
8. Furthermore, Attorney Oxman may be engaged by any former client of Attorney Griffin provided that he informs such prospective client in writing that the client is free to choose to employ any attorney, and that the Court's appointment order does not mandate or recommend this Receiver's employment by the client.
9. Attorney Oxman 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. However, a client's retention of the Receiver/Attorney Oxman as successor counsel is not a per se conflict of interest solely by reason of Attorney Oxman's appointment to serve as the Receiver by terms of this Order. Attorney Oxman shall be protected from liability
for professional services rendered in accordance with this Order to the extent permitted by law.
Finally, within one hundred twenty (120) days of this Order, Receiver Oxman shall file a status report with the Court, with a copy to the Board of Overseers of the Bar, c/o Bar Counsel J. Scott Davis, Esq. Dated: March 18, 2013
/s/ Ellen A. Gorman
Associate Justice
Maine Supreme Judicial Court