Board of Overseers of the Bar v. John S. Jerabek, Esq.

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Docket No.: BAR-16-9

Issued by: Maine Supreme Judicial Court

Date: October 27, 2016

Respondent: John S. Jerabek, Esq.

Bar Number: 007699

Order: Receiver Discharge Order

Disposition/Conduct: Receiver Discharge Order

ORDER for Discharge of Receiver
M. Bar R. 32

Before the Court is a Petition for Discharge of the Receiver appointed by this Court to oversee the concluding of the law practice of John S. Jerabek, Esq. The Petition has been reviewed by Special Bar Counsel for the Board of Overseers of the Bar. The Board joins in the Petition for Discharge of the Receiver.

After consideration of the Court's Order Appointing Receiver, the Receiver's Report of October 18, 2016 and the Petition for Discharge, the Court finds:

  1. Upon motion of Paul Chaiken, Special Bar Counsel to the Maine Board of Bar Overseers, the Court appointed Anthony W. Beardsley, Esq., as Receiver of the law practice of John S. Jerabek, Esq. for the purpose of obtaining possession of files belonging to the clients and former clients of John S. Jerabek, securing funds held in John S. Jerabek's operating and trust accounts, obtaining John S. Jerabek's trust account records, and protecting the interests of the clients and/or former clients of John S. Jerabek, Esq.
  2. Anthony W. Beardsley, Esq., Receiver of the law practice of John S. Jerabek, Esq., has taken necessary and reasonable steps to fulfill his obligations as Receiver of the law practice of John S. Jerabek, Esq. He has returned or attempted to return client files to their rightful owners. He determined John S. Jerabek was holding no client funds in any IOLTA or trust account.
  3. Anthony W. Beardsley, Esq. has reviewed John S. Jerabek, Esq.'s client files. He has generated an inventory of the client files and has provided that inventory to Special Bar Counsel.
  4. There were no open or current client files.
  5. A number of John S. Jerabek, Esq.'s clients, have not picked up their files or documents, despite the Receiver's reasonable efforts to provide them notice that they should do so.
  6. Some disposition needs to be made of the remaining files of John S. Jerabek, Esq. 's former clients. The plan proposed by the Receiver in his Petition for Discharge appropriately addresses retention and secure destruction of those files.
  7. Anthony W. Beardsley seeks no compensation for his work.

Based upon the foregoing, the Court makes the following findings and reaches the following conclusions:

  1. Anthony W. Beardsley, Esq., Receiver of the law practice of John S. Jerabek, Esq., has taken all reasonable steps to discharge his obligations as Receiver of the law practice of John S. Jerabek, Esq., to return all client files, to arrange for the secure retention and eventual destruction of those client files, and to confirm that John S. Jerabek held no unearned client funds at the time of his death.
  2. Anthony W. Beardsley, Esq., has submitted an appropriate plan for the secure retention and destruction of the files of former clients of John S. Jerabek.

THEREFORE it is hereby ORDERED:

  1. The actions of Anthony W. Beardsley, as Receiver of the law practice of John S. Jerabek, as taken or proposed in the Report of the Receiver, are approved, inter alia, the disposition of the client files;
  2. Anthony W. Beardsley, Esq. is discharged as Receiver of the law practice of John S. Jerabek, Esq.
  3. The Court extends it gratitude to Attorney Beardsley for his efforts in protecting the clients of and closing the law office of John S. Jerabek, Esq.

The Clerk is directed to incorporate this Order upon the docket by reference pursuant to M.R.Civ.P.79(a).

Dated: October 27, 2016

Jeffrey L. Hjelm
Associate Justice
Maine Supreme Judicial Court