Board of Overseers of the Bar v. Scott D. Giese

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Docket No.: BAR-13-17

Issued by: Maine Supreme Judicial Court

Date: April 22, 2014

Respondent: Scott D. Giese

Bar Number: 004294

Order: Receiver Appointment

Disposition/Conduct: Receiver Appointment

Order for Appointment of Limited 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, the Board of Overseers of the Bar (the Board) is appointed the Limited Receiver of (suspended attorney) Scott D. Giese’s law practice. Pursuant to this Order, the Board shall:

  1. secure the professional files, client property and client data of Mr. Giese;

  2. inventory the open and closed client files;

  3. notify former clients that the law practice has concluded and provide opportunity for those clients to retrieve their property.

  4. As a service to the bar, the Board has agreed to serve as the Limited Receiver on a pro bono basis. The Board shall submit a quarterly written report to the Court containing a record of time worked and disbursements made in this matter. Mr. Giese shall be the first choice for source of payment for those disbursements. If insufficient funds are available from Mr. Giese, the Board may be an alternate payment source for those disbursements.

  5. The Board shall act as Receiver until discharged by the Court either by Motion or in accordance with paragraph 3 of M. Bar R 7.3(f).

  6. The Board 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 M. Bar R 7.3(f).

The Board shall be protected from liability for professional services rendered in accordance with this Order to the extent permitted by law.

Once Mr. Giese is served with this Order or otherwise becomes aware of it, neither he (nor his agents) shall tamper with or alter any files. Additionally, neither Mr. Giese (nor his agents) shall remove anything from those client files. Mr. Giese and his agents shall otherwise cooperate with any request by the Board or its Bar Counsel to assist with the surrender, delivery and disposition of his files.

Joseph M. Jabar, Associate Justice

Maine Supreme Judicial Court