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Board of Overseers of the Bar v. Carolyn M. Asquith

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Docket No.: BAR-12-3

Issued by: Supreme Judicial Court

Date: October 9, 2012

Respondent: Carolyn M. Asquith

Bar Number: 009426

Sanction: Receiver Appointment

Misconduct: N/A

Order for Appointment of Receiver M. Bar R. 7.3(f)(1)

Based upon the Petition filed by the Board of Overseers of the Bar, pursuant to M. Bar R. 7.3(f) the Court Orders the following:

As of this date, David R. Weiss, Esq. is appointed the Receiver of suspended attorney Carolyn M. Asquith's law practice. Pursuant to this Order, Attorney Weiss shall:

  1. Attempt to locate, obtain and secure the professional files, client property and client data of Ms. Asquith;
  2. Inventory the closed client files;
  3. Notify former clients that Ms. Asquith is currently suspended from the practice of law, that her law office is currently closed, and to the extent he is able, provide an opportunity for those clients to retrieve their property.
  4. As a service to the Maine Bar, Attorney Weiss has agreed to serve as this Receiver on a pro bono basis. He shall submit a quarterly written report to the Court and to the Board of Overseers of the Bar through Bar Counsel, containing a record of time worked and the disbursements made in this matter.
  5. Ms. Asquith shall be the first choice for source of payment for those disbursements. If sufficient funds or other assets are unavailable from Ms. Asquith, the Board of Overseers of the Bar may be an alternate payment source for those disbursements.
  6. Attorney Weiss shall act as Receiver until discharged by the Court by Motion or in accordance with M. Bar R 7.3(f)(3).
  7. Attorney Weiss 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 7.3(f).

Furthermore, Attorney Weiss or any other Maine attorney in the employ of Weiss Law Office may be engaged to serve as the attorney for any former client of Ms. Asquith, provided that Attorney Weiss (or any other engaged attorney so employed at his law office) informs such client in writing that the client is free to choose to employ any attorney, and that the Court's appointment order does not mandate or recommend Attorney employment by that client.

Attorney Weiss is subject to the Maine Rules of Professional Conduct, including M R. Prof Conduct 1.7; 1.8 and 1.9 regarding conflicts of interest. However, a client's retention of Attorney Weiss as successor counsel will not constitute a per se conflict of interest solely by reason of Attorney Weiss's appointment as Receiver under this Order.

Attorney Weiss shall be protected from liability for professional services rendered in accordance with this Order to the extent permitted by law.

Once Ms. Asquith is served with this Order or otherwise becomes aware of it, she shall cooperate with any request by Receiver Weiss and/or the Board to assist with the delivery and disposition of her former clients' files and any acts necessary to close her bank accounts and conclude her practice.

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 Bar Counsel J. Scott Davis.

For the Court

Jon D. Levy, Associate Justice

Maine Supreme Judicial Court