Opinion
BAR 22-24
11-07-2022
IN RE: Charlene A. Hoffman, Esq.
ORDER FOR APPOINTMENT OF RECEIVER M. BAR R. 32
Upon consideration of the Board of Overseers of the Bar's (the Board), Expedited Petition, the Court Orders the following;
As of this date, Paul Driscoll, Esq. is appointed as Receiver of Attorney Charlene A, Hoffman's law practice. As such Attorney Driscoll and his agents, shall have the authority to: .
1. Manage the law practice of Charlene A. Hoffman and secure the professional files, client funds and property of that practice, wherever they are located.
2. Obtain signatory authority over all bank, loan and credit accounts used by Attorney Hoffman for business purposes, including IOLTA, operating/office, and trust accounts, credit lines and credit cards. As soon as practicable, the Receiver shall assume responsibility for all fiduciary accounts over which Attorney Hoffman has or had access or exercised control. The Receiver will ensure that such accounts are secured from access by any other person, except one approved by the Receiver.
3. Obtain access to any computer hardware and software used by Attorney Hoffman for business purposes, including any mobile devices and including any required passwords. The Receiver may take physical possession of such computer and mobile devices as is necessary to perform his duties as fiduciary of Charlene A. Hoffman's law practice.
4. Obtain access to any e-mail, cloud storage (including Google Drive), or other accounts used by Attorney Hoffman for business purposes, including any required passwords.
5. Obtain access to any post office boxes and otherwise secure ail law practice legal or fiduciary mail.
6. Obtain and inventory the open and closed client files.
7. Give priority attention to client matters which are open and time-sensitive,
8. Notify all courts that Attorney Driscoll is serving as Attorney Hoffman's Receiver.
9. Notify clients or former cl ients that Attorney Driscol I is serving as Receiver to the Charlene A. Hoffman law practice and provide opportunity for clients to consult with Attorney Driscoll or his agents. Clients shall also be given the opportunity to retrieve their property.
10.Access and utilize Attorney Hoffman's operating and IOLTA accounts to prudently and appropriately manage/wind down the practice. The Receiver may pay expenses as they deem appropriate given available funds or anticipated receivables to the practice.
11.Receive any and all payments to the Hoffman law practice for work performed by Attorney Hoffman or for any other business matter. The Receiver shall take steps to ensure that no other person receives or deposits such payments.
As a service to the bar, Attorney Driscoll shall serve as Receiver on a pro bono basis, although if there are sufficient assets (including receivables) from Attorney Hoffman's law practice, the Receiver may be reimbursed from those assets.
Attorney Driscoll or his firm may be engaged by any former client of Attorney Hoffman, provided that Attorney Driscoll/his firm informs such client in writing that the client is free to choose to employ any attorney, and that the Court's Receiver Order does not mandate or recommend Attorney Driscoll's employment by the client.
The Receiver shall submit an itemized list of any disbursements made to affect the terms of this Order. Attorney Hoffman shall be the first choice for source of payment for those disbursements, If insufficient assets are available from the law practice, the Board of Overs eers may be an alternative payment source for expenses related to the law practice closure.
Attorney Driscoil shall act as Receiver until discharged by the Court either by Motion or in accordance with M. Bar R. 32.
The Receiver, 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.
Attorney Driscoil shall be protected from liability for professional services rendered in accordance with this Order, Within one-hundred and twenty (120) days of appointment Order, the Receiver shall file a status report with the Court.
The Clerk is directed to incorporate this Order on the docket by reference.