Board of Overseers of the Bar v. Jeffrey J. Fairbanks


Docket No.: BAR-01-7

Issued by: Single Justice, Maine Supreme Judicial Court

Date: March 25, 2002

Respondent: Jeffrey J. Fairbanks

Bar Number: 008150

Order: Disbarment

Disposition/Conduct: Conduct Unworthy of an Attorney; Admission, Disclosure and Misconduct - Other Misconduct; Conduct During Representation - Standards of Care and Judgment; Registration Requirements


This matter is before the Court pursuant to M. Bar R. 7.2(b)(1)(2) by an information filed by the Board of Overseers of the Bar against the Defendant, Jeffrey J. Fairbanks. Fairbanks has been served with a copy of the information and summons. Although he has filed a letter of resignation, Fairbanks has failed to file an answer to the information or to the Board's Motion for Default. The Board opposes his resignation. Fairbanks is hereby defaulted.

Fairbanks is a Maine attorney who practiced in Maine at the time of the Board's allegations and was subject to the Maine Bar Rules. The Board's information charges, inter alia, that Fairbanks violated M. Bar R. 3.1(a) (Conduct Unworthy of an Attorney) 3.2(f)(1)(2)(3)(4) (Admission, Disclosure and Misconduct - Other Misconduct); 3.5(a)(1)(2) (Withdrawal from Employment), 3.6(a)(2)(3) (Conduct During Representation - Standards of Care and Judgment); 3.7(e)(1)(i) (Conduct During Representation); 6(a)(1) (Registration; Required Filings); and 6(c)(1)(2) (Notification of Discontinuance of the Practice of Law and Withdrawal from Maine Practice). Included in his misconduct was Fairbanks' failure to keep a divorce client informed as to the status of his matter and not confirming to that client whether his divorce was actually final or providing a copy of the divorce decree to that client. On another count within the Board's disciplinary information, Fairbanks failed to file the proper documents to seek withdrawal from a guardianship matter before the York County Probate Court. He had assured the court that he would file a Motion for Leave to Withdraw but never filed it, also failed properly seek continuance and then failed to appear for a pretrial conference leaving his client without representation.

Because Fairbanks has not filed an answer to the information, the Court takes the Board's allegations as being admitted by him. Therefore, the Court finds that Fairbanks has violated M. Bar R. 3.1(a); 3.2(f)(1)(2)(3)(4); 3.5(a)(1)(2); 3.6(a)(2)(3); 3.7(e)(1)(i); 6(a)(1)(2); and (6)(c)(1)(2).

Accordingly, it is hereby ORDERED that the Executive Clerk of the Supreme Judicial Court shall enter the Defendant's default pursuant to M. R. Civ. P. 55(a). It is further ORDERED that Jeffrey J. Fairbanks be, and he hereby is disbarred from the practice of law in the State of Maine effective the date of this order. Jeffrey J. Fairbanks shall comply with the notification and reporting requirements of M. Bar R. 7.3(i) within 30 days of this date.

For the Court

Hon. Susan Calkins, Associate Justice - Maine Supreme Judicial Court