Board of Overseers of the Bar v. Jonathan C. Hull

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Docket No.: BAR-18-10

Issued by: Maine Supreme Judicial Court

Date: August 23, 2018

Respondent: Jonathan C. Hull

Bar Number: 001584

Order: Receiver Appointment

Disposition/Conduct: Receiver Appointment

ORDER FOR APPOINTMENT OF RECEIVER
M. Bar R. 32

This Court Orders the following:

As of this date, David Levesque, Esq. and the Board of Overseers of the Bar (the Board) are appointed as Co–Receivers of (suspended attorney) Jonathan C. Hull’s law practice. As such Attorney Levesque and the Board, shall have the sole authority to:

  1. Take over the Hull law office and secure the professional files, client funds and file property of that office as well as secure the law office itself;
  2. Obtain signatory authority over all Hull law office bank accounts (IOLTA and operating/office accounts) credit lines and credit cards;
  3. Obtain access to Mr. Hull’s computer hardware and software; including any mobile devices (together with required passwords), and any post office boxes to secure all law office or legal mail;
  4. Inventory the open and if necessary, the closed client files;
  5. Give priority attention to client matters which are open and time sensitive;
  6. Notify all courts that Attorney Levesque and the Board are serving as Mr. Hull’s Co–Receivers until further order of this Court;
  7. Notify clients or former clients that Attorney Levesque is serving as a Receiver to the Hull law practice and provide opportunity for clients to consult with Attorney Levesque or retrieve their property; and
  8. The Receivers shall access and utilize Mr. Hull’s operating and IOLTA accounts to prudently and appropriately manage/wind down the practice. The Receivers may pay expenses, as they deem appropriate given available funds or anticipated receivables to the firm. The Receivers may also hire temporary office staff and take other action as necessary and appropriate to manage the Hull law practice.

As a service to the bar, Attorney Levesque acknowledges that he shall serve as Co–Receiver on a pro bono basis, although if there are sufficient assets (including receivables) at six-month intervals, from Mr. Hull’s law practice, Attorney Levesque may be reimbursed from those assets. The Receivers shall submit a quarterly written report to the Court containing a record of time worked.

Likewise, the Receivers shall submit an itemized list of any disbursements made to effect the terms of this Order. Mr. Hull and his law practice shall be the first choice for source of payment for those disbursements. If insufficient assets are available from Mr. Hull, the Board may be an alternate payment source for those disbursements.

Attorney Levesque and the Board shall act as Co–Receivers until discharged by the Court either by Motion or in accordance with M. Bar R 32.

Attorney Levesque and the Board, 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. 32(a).

Furthermore, Attorney Levesque may be engaged by any former client of Mr. Hull’s provided that Attorney Levesque 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 Attorney Levesque’s employment by the client.

The Receivers are 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 Levesque as successor counsel is not a per se conflict of interest solely by reason of appointment by this Order.

Attorney Levesque and the Board shall be protected from liability for professional services rendered in accordance with this Order.

Finally, within one-hundred and twenty (120) days of this Order, the Receivers shall file a status report with the Court.

Dated: August 23, 2018

Valerie Stanfill, by designation
Associate Justice
Maine Supreme Judicial Court