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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
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:
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
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