Board of Overseers of the Bar v. David E. Hunt
Docket No.: BAR-11-11
Issued by: Maine Supreme Judicial Court
Date: August 18, 2011
Respondent: David E. Hunt
Bar Number: 002522
Order: Receiver Appointment
Order for Motion for Appointment of Receiver M. Bar R. 7.3(f)(1)
After Petition filed by the Board of Overseers, pursuant to M. Bar R. 7.3(f), the Court Orders the following:
As of this date, Kurt Klebe, Esq. is appointed the Receiver of Attorney David E. Hunt's law practice. As soon as possible, Attorney Klebe shall:
secure the professional files, client property, client funds and data of Attorney Hunt;
obtain access to Attorney Hunt's post office box to secure any law office or legal mail;
inventory the open and closed client files;
give priority attention to client matters which are open and time sensitive;
notify clients or former clients that the law practice is under Receivership and provide opportunity for clients to retrieve their property;
if necessary, Attorney Klebe shall locate appropriate successor counsel and provide services as are required to manage Attorney Hunt's practice; and,
Attorney Klebe shall also prudently access and utilize the operating and/ or IOLTA accounts to manage and if necessary, audit the law office. That review may include the temporary retention of office staff or other personnel as necessary and appropriate.
Attorney Klebe shall submit to the Court a record of hours worked and disbursements made in the event the Court allows for payment of legal fees at a designated rate. Attorney Hunt shall be the first choice for source of payment to Attorney Klebe, although ultimately, the Court may determine that Attorney Klebe serves in a pro bono capacity. Otherwise Attorney Klebe may be compensated from any other source ordered by the Court, including those matters in which Attorney Hunt's clients have outstanding obligations to him. Attorney Klebe has standing to pursue claims as Receiver for past due legal fees related to Attorney Hunt's practice.
Attorney Klebe shall act as Receiver until discharged by the Court in accordance with paragraph 3 of Rule: 7.3(f).
Attorney Klebe 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 this Rule. Furthermore, Attorney Klebe may be engaged by any former client of Attorney Hunt, provided that he informs any 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 Klebe's employment by the client . Attorney Klebe is subject to all Bar Rules and the Maine Rules of Professional Conduct, including M.R. Prof. Conduct 1.7, 1.8 and 1.9 regarding conflicts of interest. However, the client's retention of Attorney Klebe as successor counsel is not a per se conflict of interest solely by reason of Attorney Klebe's appointment by this Order.
Attorney Klebe, his agents and employees 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, Attorney Klebe shall file a status report with the Court, with a copy to the Board of Overseers of the Bar.
For the Court
Jon D. Levy, Associate Justice
Maine Supreme Judicial Court