Opinion
Docket No. BAR-20-13
11-19-2020
In Re: Daniel T. Rush, Esq.
Expedited
Order for Appointment of Receiver M. Bar R. 32
Upon consideration of Petition filed by the Board of Overseers of the Bar (Board), the Court Orders the following:
As of this date, Stephen Y. Hodsdon, Esq., is appointed as the Receiver of Daniel T. Rush's law practice. As such, the Receiver shall have the sole authority to:
1. secure any professional files, client property, and client data of Attorney Rush;
2. inventory client files;
3. give priority to client matters that may be identified as open, active, and apparently time sensitive;
4. notify former clients that the law practice has concluded and provide opportunity for those clients to retrieve their property;
5. assist clients with any active matters in their efforts to obtain new counsel;
6. if necessary, provide notice of appointment to all courts and relevant state and county agencies; and
7. if necessary, reconcile any IOLTA, client, or office accounts.
As a service to the bar, Attorney Hodsdon shall serve as Receiver on a pro bono basis, although if there are sufficient assets (including receivables) from Rush's law practice, the Receiver may be reimbursed from those assets.
Likewise, the Receiver shall submit an itemized list of any disbursements made to effect the terms of this Order. Attorney Rush shall be the first choice for source of payment for those disbursements. If insufficient assets are available from the law office, the Board of Overseers may be an alternative payment source for expenses related to the law office closure.
Attorney Hodsdon 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.
Pursuant to Bar Rule 32(e), Attorney Hodsdon shall be protected from liability for 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. Dated: 11\19, 2020
Ann M. Murray
Justice
Sitting as Single Justice by designation