Board of Overseers of the Bar v. Jonathan Reitman, Esq.
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Docket No.: BAR-14-16
Issued by: Maine Supreme Judicial Court
Date: October 14, 2014
Respondent: Jonathan Reitman, Esq
Bar Number: 000624
Order: Receiver Appointment
Disposition/Conduct: Receiver Appointment
Upon the September 19, 2014 request for Appointment of Receiver filed by the Board of Overseers of the Bar, pursuant to M. Bar R. 7.3(f), this Court Orders the following:
As of this date, Sebastian Dennen, Esq. is appointed as the Receiver of Attorney Jonathan Reitman's law practice. As such Attorney Dennen shall have the sole authority to:
- Secure the professional files, client funds and property of the Reitman law office;
- Obtain signatory authority over all Reitman law office bank accounts (IOLTA and operating/ office accounts);
- Obtain access to Attorney Reitman's computer hardware and software (together with required passwords), and any post office boxes to secure all law office or legal mail;
- Inventory the open and closed client files;
- Give priority attention to client matters which are open and time sensitive; if necessary, Attorney Dennen shall notify all courts that he is serving as the Court-Appointed Receiver for Attorney Reitman's practice.
- Attorney Dennen shall notify clients/former clients that he is serving as Receiver for the Reitman law practice and provide opportunity for clients to retrieve their property.
- Attorney Dennen shall access and utilize Attorney Reitman's operating and IOLTA accounts to prudently and appropriately wind down the practice. The Receiver may pay expenses, as he deems appropriate given available funds or anticipated receivables to the firm. The Receiver may also hire temporary office staff and take other action as necessary and appropriate to wind down and close the Reitman law practice.
As a service to the bar, Attorney Dennen acknowledges that he shall serve as Receiver on a pro bono basis, although if there are sufficient assets from the Estate or from Attorney Reitman's law practice (including receivables), Attorney Dennen may be compensated from those assets. Attorney Dennen shall submit a quarterly written report to the Court and the Board of Overseers of the Bar containing a record of time worked in the event the Court orders payment to him.
Likewise, Attorney Dennen shall submit an itemized list of any wind-down disbursements made to effect the terms of this Order. Attorney Reitman's law practice and or his Estate shall be the first choice for source of payment for those disbursements.
Attorney Dennen shall act as Receiver until discharged by the Court either by Motion or in accordance with M. Bar R 7 .3(f).
Additionally, Attorney Dennen 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 7.3(f).
Furthermore, Attorney Dennen may be engaged by any former client of Attorney Reitman's so long as Attorney Dennen 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 Dennen 1S subject to all Maine Rules of Professional Conduct, including M. R. Prof Conduct 1.7; 1.8 and 1.9 regarding conflicts of interest. A client's retention of Attorney Dennen as successor counsel is not a per se conflict of interest solely by reason of appointment by this Order.
Attorney Dennen shall be protected from liability for professional services rendered as the appointed Receiver in accordance with this Order.
Finally, within ninety (90) days of this Order, Attorney Dennen shall file a status report with the Court, with a copy to Deputy Bar Counsel, Aria Eee, Esq.
Dated: October 14, 2014
Joseph M. Jabar, Associate Justice
Maine Supreme Judicial Court