Board of Overseers of the Bar v. Albert P.C. Lefebvre

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Docket No.: BAR-98-4

Issued by: Single Justice, Maine Supreme Judicial Court

Date: January 24, 2001

Respondent: Albert P.C. Lefebvre

Bar Number: 002800

Order: Disbarment

Disposition/Conduct: Conduct Unworthy of An Attorney; Excessive Fees; serving Identity of Funds and Property; Misconduct During Representation; Misconduct before a Tribunal


ORDER OF DISBARMENT


This matter is before the Court pursuant to M. Bar R. 7.2(b)(1), (2) on an information filed by the Board of Overseers of the Bar against the Respondent, Albert P.C. Lefebvre. Lefebvre has been served with a copy of the information and summons.

Lefebvre is an attorney who practices in Maine and is subject to the Maine Bar Rules. The two count information charges, inter alia, that Lefebvre violated M. Bar R. 3.1(a) (conduct unworthy of an attorney); 3.2(f)(2), (3), (4) (other conduct adversely reflecting on honesty, trustworthiness, or fitness to be a lawyer, conduct involving dishonesty and fraud, and conduct prejudicial to the administration of justice); 3.3(a) (misconduct involving excessive fees); 3.6(a)(2)(3) (misconduct during representation); 3.6(e)(2)(iii), (iv) (misconduct involving preserving the identity of funds and property); 3.7(b) (misconduct during litigation); and 3.7(e)(1) (misconduct before a tribunal).

On June 23, 1998, following a jury trial, a judgment of conviction of one felony count of perjury (Class C) was entered against Lefebvre pursuant to 17-A M.R.S.A. 451 (1983 & Supp. 2000). The perjury resulted from Lefebvre's having made one or more false material statements to the Court (Glassman, J.) under oath during a disciplinary hearing held on November 21, 1996, in the matter of Board of Overseers of the Bar v. Albert P.C. Lefebvre, Docket No. BAR-96-8. By this Court's order of October 20, 1998, Lefebvre was suspended from the practice of law because of that conviction.

On July 24, 1998, the York County Probate Court (Nadeau, J.) issued a Decision and Order in the matter of In re: Irene A. Bisaillion, Docket No. 1991-0510(4). The court found that Lefebvre, as conservator for the Estate of Irene A. Bisaillion, engaged in misconduct including defalcation, and that such conduct constituted a violation of his fiduciary duties. He was ordered to reimburse the estate in the amount of $85,365.01 and was terminated as conservator.

The Court finds that Lefebvre has violated M. Bar R. 3.1(a); 3.2(f)(2), (3), (4); 3.3(a); 3.6(a)(2), (3); 3.6(e)(2)(iii), (iv); 3.7(b); and 3.7(e)(1). Those findings are not challenged. Accordingly, it is hereby ordered that Albert P.C. Lefebvre be and hereby is disbarred from the practice of law in the State of Maine effective this date.


For the Court

Hon. Robert W. Clifford, Associate Justice - Maine Supreme Judicial Court