Board of Overseers of the Bar v. Jeremey A. Miller

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Docket No.: BAR-17-17

Issued by: Maine Supreme Judicial Court

Date: November 21, 2017

Respondent: Jeremey A. Miller

Bar Number: 004398

Order: Disbarment

Disposition/Conduct: Reciprocal Discipline

M. Bar R. 26(e)

Jeremey A. Miller was admitted to the Maine bar in 2008. In March 2017, this Court issued an Order of Reciprocal Suspension based upon Mr. Miller's violations of numerous Rules of Professional Conduct while practicing in New Hampshire.

By previous administrative action, Mr. Miller was suspended due to his failure to timely renew his licensure and pay the required fees/assessments to the Maine Board of Overseers of the Bar (the Board). Prior to that administrative suspension, Mr. Miller was registered with the Board as a non-resident active attorney. According to the Board's records, Mr. Miller had almost exclusively been practicing in New Hampshire.

Since the March 2017 reciprocal suspension, the Board subsequently received confirmation that the New Hampshire Supreme Court issued an August 9, 2017 Order (of Disbarment) against Mr. Miller. According to the Order, Mr. Miller did not respond or otherwise participate in the disciplinary proceeding. The New Hampshire Court's Order became effective August 9, 2017.

Thereafter, the Board filed its instant Petition for Reciprocal Discipline. Proper notice of the Board's Petition was provided to Mr. Miller at his home address, consistent with M. Bar R. 15.

This Court has reviewed and considered the New Hampshire Court's Order. Notably, the imposition of disbarment was based in part upon the New Hampshire Court's finding that Mr. Miller engaged in trust account violations as well as multiple Professional Conduct Rule violations. Those Rules included 1.1 [competence]; 1.3 [diligence]; 1.4 [communication]; 1.5(a) [fees]; 1.7 [conflicts]; 1.15 [safeguarding client property]; 1.16(d) [protecting client interests/property after termination]; 1.19 [notification regarding professional liability insurance]; 3.3 [candor to the tribunal]; 3.4(c) [disobeying an obligation under the rules of a tribunal]; 4.1 [material false statements of fact or law to a third person]; 5.3 [responsibilities regarding nonlawyer assistance]; 8.1(b) [knowingly failing to respond to disciplinary authority]; 8.4(b) [commission of criminal act reflecting adversely on lawyer's honesty, trustworthiness or fitness as a lawyer] and 8.4(c) [engaging in conduct involving deceit, dishonesty or misrepresentation].

In this jurisdiction, Mr. Miller's misconduct would constitute analogous violations of the Maine Rules of Professional Conduct. Despite the opportunity to answer the Board's Petition for Reciprocal Discipline, Mr. Miller made no such filing and did not respond to this Court's September 21, 2017 Order to Show Cause.

The Court has considered the severity of Mr. Miller's misconduct, his prior discipline history and the ABA Standards for Imposing Lawyer Sanctions. Based upon those factors as well as the multiple rule violations resulting in the New Hampshire disbarment, this Court finds that reciprocal discipline in Maine is warranted.

Accordingly, the Court ORDERS that Jeremey A. Miller is now disbarred from the practice of law in Maine. If Mr. Miller has any Maine clients he shall comply with all applicable court rules in protecting those client interests, including cooperation with the Board of Overseers. Finally, Mr. Miller may not return to practicing law until such time as the Court considers and grants any Petition for Reinstatement he may subsequently file.

Dated: November 21, 2017

Thomas E. Humphrey
Associate Justice
Maine Supreme Judicial Court