Board of Overseers of the Bar v. Marilyn E. Stavros
Download Download Decision (PDF)
Docket No.: BAR#15-10
Issued by: Maine Supreme Judicial Court
Date: October 1, 2015
Respondent: Marilyn E. Stavros
Bar Number: 002273
Order: Receiver Appointment
Disposition/Conduct: Receiver Appointment
M. Bar R. 32 (2015)
Upon Petition filed by the Board of Overseers, pursuant to M. Bar R. 32, the Court Orders:
As of this date, Anita M. St. Onge is appointed Receiver for final closing of the law practice of Marilyn E. Stavros. Pursuant to this Order, Attorney St. Onge shall:
- Secure any professional files, client property and client data of Marilyn Stavros;
- Inventory the client files;
- Confirm that there are no client matters that may be identified as open, active and apparently time sensitive;
- Notify former clients, by publication, and provide them with the opportunity to retrieve their property;
- Assist clients with any active matters, and those clients who left original estate planning and related documents with Marilyn Stavros, in their efforts to obtain new counsel;
- Confirm no notices are necessary to any court, state or county agencies; and
- Reconcile any IOLTA, client or office accounts.
Pursuant to Bar Rule 32(b) the Receiver is authorized to arrange for the immediate confidential destruction of those flies which were closed during or before September 1989. Beginning one month after publication as required by paragraph 4, above, the Receiver is authorized to securely destroy those files, if any, closed through July 16, 2007. Collaborating with Bar Counsel, the Receiver shall develop a plan to securely store any remaining files for a period of 8 years.
As a service to the bar, Attorney St. Onge has agreed to serve as this Receiver on a pro bono basis. She shall submit a semi-annual written report to the Court and the Board of Overseers of the Bar containing a record of time worked and disbursements made in this matter. The Estate of Ms. Stavros shall be the first choice for source of payment for those disbursements. If insufficient assets are available from that source, the Board of Overseers of the Bar may be an alternate payment source for those disbursements.
Attorney St. Onge shall act as Receiver until discharged by the Court in accordance with M. Bar R 32(c).
Attorney St. Onge 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 32.
Attorney St. Onge 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.
Attorney St. Onge 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, the Receiver shall file a status report with the Court, with a copy to the Board of Overseers of the Bar.
Dated: October 1, 2015
Andrew M. Mead
Maine Supreme Judicial Court