Board of Overseers of the Bar v. Janet C. McCaa, Esq.
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Docket No.: BAR#16-13
Issued by: Maine Supreme Judicial Court
Date: June 22, 2016
Respondent: Janet C. McCaa, Esq.
Bar Number: 003594
Order: Receiver Appointment
Disposition/Conduct: Receiver Appointment
M. Bar R. 32
Upon Petition submitted by the Board of Overseers of the Bar, pursuant to M. Bar R. 32, the Court Orders:
As of this date, Sarah A. McDaniel, Esq., and Bruce R. Johnson, Esq., are appointed the Receivers of the law practice of Janet C. McCaa. Attorneys McDaniel and Johnson shall:
- secure the professional files, client property and client data of Attorney McCaa;
- obtain access to Attorney McCaa's post office boxes, to secure any law office or legal mail, and access to any e-mail accounts which are associated with Attorney McCaa's law practice;
- obtain use of, at the Receivers' discretion, all computer hardware, software and digital files, user names and passwords;
- obtain signatory authority over IOLTA and all other bank accounts the law practice maintained;
- reconcile IOLTA and all other bank accounts, and then report the results of the reconciliations to Special Bar Counsel;
- obtain access to all safe deposit boxes and other facilities m which office or client property is stored;
- inventory the open and closed client files;
- give priority attention to client matters which are open and time sensitive;
- confer with Special Bar Counsel regarding publication of a notice to former clients regarding closing of the law office and retrieval of files;
- confer with Ms. McCaa's bookkeeper and accountant;
- prudently access and utilize Attorney McCaa's operating and IOLTA accounts to effect the formal conclusion of the law practice, including the temporary retention of support staff or other personnel as necessary and appropriate;
- address any conflicts of interest pursuant to M. R. Prof. Condo 6.5. Any files identified by the Receivers as presenting a conflict of interest shall be transferred to Special Bar Counsel of the Overseers of the Bar, or his designee;
- preserve and protect confidential information of the clients of Attorney McCaa pursuant to M. R. Prof. Condo 1.6. Attorneys McDaniel and Johnson are authorized to allow limited disclosure of confidential information to detect and resolve conflicts of interest arising from their appointment as Receivers, or in conjunction with the sale of the practice pursuant to M. R. Prof. Condo 1.17A, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client;
- allow themselves, consistent with M. R. Prof. Conduct 5.5, to be engaged by any former client of Attorney McCaa provided that they inform such client in writing that the client is free to choose to employ any attorney, and that this Order of Appointment does not mandate or recommend the Receiver's employment by the client. A client's retention of either Ms. McDaniel or Mr. Johnson as successor counsel is not a per se conflict of interest solely by reason of this Appointment Order;
- act as Receivers until discharged by the Court either by Motion or in accordance with M. Bar R. 32(c).
- submit to the Court:
a) a report of their actions and the status of the Receivership at six month intervals; and
b) with their final report, a record of hours worked and disbursements made, in the event payment of legal fees at the State court appointment rate is requested. The assets of the law office of Attorney McCaa shall be the first method of compensation to the Receivers and their agents, although ultimately, the Receivers may elect to serve in a pro bono capacity or be compensated from another source (e.g., the estate of Attorney McCaa).
It is further Ordered Attorneys McDaniel and Johnson shall be protected from liability for professional services rendered in accordance with this Order pursuant to M. Bar Rule 32(e).
The Clerk is directed to incorporate this Order on the docket by reference.
Dated: June 22, 2016
Andrew M. Mead
Maine Supreme Judicial Court