Board of Overseers of the Bar v. In Re Seth T. Carey

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Docket No.: Bar-08-04 and Bar-08-10

Issued by: Single Justice, Maine Supreme Judicial Court

Date: August 12, 2010

Respondent: Seth T. Carey

Bar Number: 009970

Order: Reinstatement

Disposition/Conduct:

ORDER ON PETITION

Seth T. Carey moves for reinstatement as an attorney in good standing following his suspension from the practice of law by this Court on March 30, 2010 in the matter docketed as BAR-lO-04. A concurrent Order of Suspension with additional conditions was entered in the matter docketed as BAR-DB-IO. Maine Bar Rule 7.3(j)(5) requires a person petitioning for reinstatement to prove by clear and convincing evidence that he has demonstrated the moral qualifications, competency, learning in law required for admission to practice law in this State, and that his reinstatement will not be detrimental to the integrity and standing of the Bar, the administration of justice, or to the public interest. The Rule provides numerous factors to be considered in determining whether a petitioner has met his burden including:

  • Compliance with terms of disciplinary orders;

  • Whether he has engaged in the unauthorized practice of law;

  • Whether he recognizes the wrongfulness and seriousness of his misconduct;

  • Whether he has engaged in any other professional misconduct;

  • Whether he has the requisite honesty and integrity to practice law; and

  • Whether he has met continuing educational requirements.

These factors are neither exclusive or singularly dispositive and must be viewed in conjunction with any other relevant evidence.

Mr. Carey has not engaged in the unauthorized practice of law since the date of his suspension. He has fully complied with the terms of his disciplinary Orders. There has been no suggestion that he engaged in any other professional misconduct since his suspension.

During the period of his suspension. he has undertaken several educational programs including professional responsibility and substantive law. He has associated himself with a law office in Florida and benefited from mentoring and observation.

Panel D of the Grievance Commission, which initially heard Mr. Carey's Petition for Reinstatement, expressed concern over his testimonial demeanor and lack of insight. The Panel's findings reflect concerns that mirror many of the Court's own observations that lead to the earlier disciplinary Order. However, during his testimony before the Court, Mr. Carey's demeanor was appropriate, although emotional at times, and he expressed insight into his own earlier errors in judgment. He accepts responsibility for his mistakes. He understands the importance of developing core competency and strict adherence to professional ethical standards. The Court is satisfied that Mr. Carey meets the standards for reinstatement to practice.

Accordingly, it is hereby ORDERED that Seth T. Carey be reinstated as an attorney in good standing in the State of Maine effective August 23, 2010.

FOR THE COURT

Andrew M. Mead, Associate Justice - Maine Supreme Judicial Court