Board of Overseers of the Bar v. Diane M. Edgecomb, Esq.
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Docket No.: BAR#15-8
Issued by: Maine Supreme Judicial Court
Date: August 28, 2015
Respondent: Diane M. Edgecomb, Esq.
Bar Number: 007169
Order: Receiver Appointment
Disposition/Conduct: Appointment of Limited Receiver
M. Bar R. 32 (2015)
Upon Petition filed by the Board of Overseers, pursuant to M. Bar R. 32, the Court Orders:
As of this date, Marsha Weeks Traill is appointed the Limited Receiver of Diane M. Edgecomb's law practice. Pursuant to this Order, Attorney Traill shall:
- Secure the professional files, client property and client data of Ms. Edgecomb;
- Inventory the open and closed client files;
- Give priority to client matters that are identified as open, active and apparently time sensitive;
- Notify former clients that the law practice has concluded and provide opportunity for those clients to retrieve their property;
- Assist clients with active matters in their efforts to obtain new counsel;
- If necessary, provide notice of appointment to all courts and relevant state and county agencies; and
- Reconcile any IOLTA and business account Ms. Edgecomb used in her practice.
As a service to the bar, Attorney Traill has agreed to serve as this Receiver on a pro bono basis. She shall submit a quarterly written report to the Court and the Board of Overseers of the Bar containing a record of time worked and disbursements made in this matter. Ms. Edgecomb shall be the first choice for source of payment for those disbursements. If insufficient assets are available from Ms. Edgecomb, the Board of Overseers of the Bar may be an alternate payment source for those disbursements.
Attorney Traill shall act as Receiver until discharged by the Court either by Motion or in accordance with M. Bar R 32(c).
Attorney Traill so appointed 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 32.
Furthermore, Attorney Traill may be engaged by any former client of Ms. Edgecomb 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 Traill 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 Traill’s appointment by this Order. Attorney Traill 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 Receiver shall file a status report with the Court, with a copy to the Board of Overseers of the Bar.
Dated: August 28, 2015
Thomas E. Humphrey
Maine Supreme Judicial Court