Board of Overseers of the Bar v. George B. Hefferan, Jr., Esq.

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Docket No.: BAR-16-14

Issued by: Maine Supreme Judicial Court

Date: March 27, 2017

Respondent: George B. Hefferan, Jr., Esq.

Bar Number: 000702

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 George B. Hefferan, Esq. The Maine Board of Overseers of the Bar joins in the Petition for Discharge of the Receiver.

After consideration of the Court?s Order Appointing Receiver, the Receiver?s Final Report and the Petition for Discharge, the Court finds:

  1. Upon motion of the Board, the Court appointed Daniel P. Barrett, Esq., as Receiver of the law practice of George B. Hefferan, Esq. As Receiver, Attorney Barrett was authorized to obtain possession of files belonging to Attorney Hefferan?s clients, secure funds held in operating and trust accounts, obtain trust account records, and protect the interests of the clients and/or former clients of Attorney Hefferan.
  2. Attorney Barrett has taken necessary and reasonable steps to fulfill his obligations as the Receiver of the law practice of Attorney Hefferan. He has returned or attempted to return client files to their rightful owners. He has properly reviewed and disbursed funds in Attorney Hefferan?s bank accounts.

  3. Attorney Barrett has reviewed Attorney Hefferan?s client files and appropriately secured, transferred or expunged such files.
  4. Attorney Barrett has appropriately addressed the secure destruction of old client files and ensured the safe retention of files less than 8 years old. Those files are now being retained by the Board of Overseers until their required expungement. Likewise, the Board is serving as custodian for approximately 70 original Wills of Attorney Hefferan?s former clients.
  5. Attorney Barrett seeks no compensation for his work but he did incur some costs related to the closure of the law practice. It is the Court?s understanding that Attorney Barrett will be reimbursed for those costs by Attorney Hefferan?s Estate.

THEREFORE, it is hereby ORDERED:

  1. The actions of Attorney Daniel P. Barrett, as Receiver of the law practice of Attorney Hefferan, as taken or proposed in the Report of the Receiver, are approved, inter alia, regarding the disposition of the client files and the closing of all bank accounts;
  2. Attorney Barrett is discharged as Receiver of the law practice of Attorney George B. Hefferan, Jr.;
  3. The Court extends it sincere gratitude to Attorney Barrett for his valuable pro bono work in protecting the clients of and closing the law office of Attorney Hefferan.

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

Dated: March 27, 2017

Ellen A. Gorman
Associate Justice
Maine Supreme Judicial Court