Board of Overseers of the Bar v. Jay H. Otis

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Docket No.: BAR-13-7

Issued by: Maine Supreme Judicial Court

Date: April 11, 2013

Respondent: Jay H. Otis

Bar Number: 002941

Order: Order and Decision

Disposition/Conduct: Supplemental Order


ORDER


On April 11, 1013 the Board of Overseers of the Bar filed additional pleadings related to the Receivership of suspended attorney Jay H. Otis’s law practice. Within those pleadings the Board requested that this Court issue a supplemental Order in this matter.

Following review of the Board’s request and incorporated Affidavits, the Court Orders the following:

Beginning at 10:00 a.m. April 12, 2013, Jay H. Otis is required to:

  1. Meet with Receiver(s) Cardone & Winchell or their designee at the R.D. Faulkner Building in Brewer, Maine;

  2. At that time, Mr. Otis shall return and relinquish possession of the following items: all client files, including those stored in his laptop, flash drives or other document storage; all client property, all client funds, all electronic files and any other data including passwords related to Mr. Otis’s law practice. In doing so, Otis shall not remove or delete any documents or information related to that practice;

  3. Mr. Otis shall not attempt to or actually access or utilize the law office email account, the law office website; any operating and/or IOLTA accounts or any estate bank accounts under his control. Those banking institutions involved with all such accounts shall be provided with immediate notice by the Receivers that only Attorneys Cardone and Winchell as Court-appointed Receivers have the right to access the accounts associated with the law practice.

  4. If Mr. Otis believes that certain bills or accounts are delinquent or require immediate attention, he shall submit those bills and or provide the necessary information to the Receivers;

  5. Mr. Otis shall not enter or access the law office unless accompanied by a Receiver.

  6. Mr. Otis and his law office staff (including temporary or part-time staff) shall relinquish to the Receivers all keys to the following;

• R. D. Faulkner Office Building

• Jay Otis law office

• Law office mailbox

Mr. Otis shall be served in-hand with a copy of this Order. Mr. Otis may have the right to be heard upon his filing of such a request.

This Order is effective immediately and any failure to comply with its terms is enforceable by contempt.

Dated: April 11, 2013


Jon D. Levy, Associate Justice

Maine Supreme Judicial Court