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: December 1, 2016
Respondent: Diane M. Edgecomb, Esq.
Bar Number: 007169
Order: Receiver Discharge Order
Disposition/Conduct: Receiver Discharge Order
M. Bar R. 32
By joint Petition for Discharge, Marsha Traill Weeks and Board of Overseers of the Bar, through its Special Counsel, have averred:
- Diane M. Edgecomb was admitted to the Maine Bar on October 15, 1990. For several years prior to 2015 she engaged in a solo law practice in Maine.
- On August 28, 2015 this Supreme Judicial Court entered an Order for Appointment of Limited Receiver as a result of Ms. Edgecomb’s ongoing health problems.
- Attorney Marsha Weeks Traill was appointed Limited Receiver. Since her appointment Attorney Weeks Traill worked with Ms. Edgecomb to wind down the law practice of Ms. Edgecomb.
- Collaborating with Ms. Edgecomb, Attorney Weeks Traill has seen to noticing all of Attorney Edgecomb’s clients that Ms. Edgecomb would no longer be engaged in the practice of law. All active matters were transferred to new counsel. Active and former clients were provided an opportunity to retrieve their file(s) or have them transferred to new counsel. Ms. Edgecomb’s IOLTA and client trust accounts were reconciled and closed, and there are no funds to be disbursed.
- Ms. Edgecomb passed away unexpectedly on September 16, 2016.
- The files which have not been retrieved by clients have been inventoried, with a copy of the inventory having been delivered to Special Bar Counsel at the Overseers of the Bar. Ms. Weeks Trail and the Board of Overseers have determined the files should remain in the custody of Attorney Weeks Traill until retrieved by former clients; or 8 years have passed since the matter was last active, at which time they will be securely destroyed.
- Attorney Weeks Traill does not seek compensation for her work as a Limited Receiver. She does not seek reimbursement for the expenses she incurred while performing her duties as a Limited Receiver.
The Court accepts the averments as set forth in the Petition for Discharge. The Court finds the actions taken by the Limited Receiver are approved. The Court further finds the plan for disposition of the client files is appropriate. Marsha Weeks Traill is discharged as Limited Receiver of the law practice of Diane M. Edgecomb.
The Court extends its gratitude to Attorney Weeks Traill for her efforts in protecting the clients of and closing the law office of Diane M. Edgecomb.
The Clerk is directed to incorporate this Order upon the docket by reference pursuant to M.R.Civ.P. 79(a).
Date: December 1, 2016
Thomas E. Humphrey
Maine Supreme Judicial Court