Board of Overseers of the Bar v. Mary K. Kahl, Esquire

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Docket No.: BAR-11-9

Issued by: Single Justice, Maine Supreme Judicial Court

Date: July 26, 2011

Respondent: Mary K. Kahl, Esq.

Bar Number: 003554

Order: Receiver Appointment

Disposition/Conduct: N/A

Order for Appointment Receiver M. Bar R 7.3(f)(1)

After Petition filed by the Board of Overseers, pursuant to M. Bar R. 7.3(f), the Court Orders the following:

As of this date, Sarah A. McDaniel, Esq. is appointed the Receiver of Attorney Mary K. Kahl's law practice. With the cooperation of Personal Representative Ms. Perry, Attorney McDaniel shall:

  1. secure the professional riles, client property and client data of Attorney Kahl

  2. obtain access to Attorney Kahl's post office boxes to secure any law office or legal mail

  3. inventory the open and closed client files

  4. give priority attention to client matters which are open and time sensitive

  5. notify clients or former clients that the law practice has concluded and provide opportunity for clients to retrieve their property

  6. Attorney McDaniel shall also prudently access and utilize Attorney Kahl's operating and IOLTA accounts to effect the formal conclusion of the practice, including the temporary retention of office staff or other personnel as necessary and appropriate

Attorney McDaniel shall submit to the Court a record of hours worked and disbursements made in the event the Court allows for payment of legal fees at the State court appointment rate. The assets of Attorney Kahl shall be the first choice for source of payment to the Receiver, although ultimately, she may serve in a pro bono capacity or be compensated from another source ordered by the Court.

Attorney McDaniel shall act as Receiver until discharged by the Court either by Motion or in accordance with paragraph 3 of M. Bar R 7.3(f).

Attorney McDaniel 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).

Furthermore, Attorney McDaniel may be engaged by any former client of Attorney Kahl provided that she informs such 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 the Receiver's employment by the client. Attorney McDaniel 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(s) as successor counsel is not a per se conflict of interest solely by reason of Attorney McDaniel's appointment by this Order.

Attorney McDaniel 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-five (125) days of this Order, the Receivers shall file a status report with the Court, with a copy to the Board of Overseers of the Bar.

For the Court

Hon. Joseph M. Jabar, Associate Justice - Maine Supreme Judicial Court