Board of Overseers of the Bar v. Christopher G. Limberis, Esq.
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Docket No.: BAR-14-7
Issued by: Maine Supreme Judicial Court
Date: April 23, 2014
Respondent: Christopher G. Limberis, Esq.
Bar Number: 000946
Order: Receiver Appointment
Disposition/Conduct: Appointment of Proxy
Order for Appointment of Proxy M. Bar R. 7.3(f)(1)
Upon the April 14, 2014 request for Appointment of Proxy filed by the Board of Overseers of the Bar, pursuant to M. Bar R. 7.3(f), this Court Orders the following:
As of this date, Gregory P. Dorr is appointed as the Proxy of Christopher G. Limberis’ law practice. As such Attorney Dorr shall have the sole authority to:
Secure the professional files, client funds and file property of the Limberis law office;
Obtain signatory authority over all Limberis law office bank accounts (IOLTA and operating/office accounts);
Obtain access to Attorney Limberis’ computer hardware and software (together with required passwords), and any post office boxes to secure all 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 all courts that Attorney Dorr is serving as Attorney Limberis’s Proxy until further order of this Court;
Notify clients or former clients that Attorney Dorr is serving as Proxy to the Limberis law practice and provide opportunity for clients to consult with the Proxy or retrieve their property;
The Proxy shall access and utilize Attorney Limberis’ operating and IOLTA accounts to prudently and appropriately manage the practice. The Proxy may pay expenses, as he deems appropriate given available funds or anticipated receivables to the firm. The Proxy may also hire temporary office staff and take other action as necessary and appropriate to manage the Limberis law practice;
As a service to the bar, Attorney Dorr acknowledges that he shall serve as Proxy on a pro bono basis, although if there are sufficient assets (including receivables) from Attorney Limberis’ law practice, Attorney Dorr may be reimbursed from those assets. The Proxy shall submit a quarterly written report to the Court and the Board of Overseers of the Bar containing a record of time worked.
Likewise, the Proxy shall submit an itemized list of any disbursements made to effect the terms of this Order. Attorney Limberis and his law practice shall be the first choice for source of payment for those disbursements. If insufficient assets are available from Attorney Limberis, the Board of Overseers of the Bar may be an alternate payment source for those disbursements.
Attorney Dorr shall act as Proxy until discharged by the Court either by Motion or in accordance with M. Bar R 7.3(f).
Attorney Dorr 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 7.3(f).
Furthermore, Attorney Dorr may be engaged by any former client of Attorney Limberis provided that the Proxy 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 the Proxy’s employment by the client.
The Proxy is 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 the Proxy as successor counsel is not a per se conflict of interest solely by reason of appointment by this Order.
Attorney Dorr shall be protected from liability for professional services rendered in accordance with this Order.
Finally, within ninety (90) days of this Order, the Proxy shall file a status report with the Court, with a copy to the Board of Overseers of the Bar, c/o Assistant Bar Counsel Aria Eee, Esq.
Joseph M. Jabar, Associate Justice
Maine Supreme Judicial Court