Board of Overseers of the Bar v. Anthony P. Shusta II, Esq.

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Docket No.: BAR-19-6

Issued by: Maine Supreme Judicial Court

Date: September 4, 2019

Respondent: Anthony P. Shusta II, Esq.

Bar Number: 003424

Order: Receiver Appointment

Disposition/Conduct: Receiver Appointment

Order for Appointment of Co-Receivers

M. Bar R. 32

Upon consideration of Petition filed by the Board of Overseers of the Bar (Board), the Court Orders the following:

As of this date, Rebecca Cayford, Esq., and the Board (through its Special Counsel) are appointed as the Co-Receivers of Anthony P. Shusta’s law practice. As such, the Co-Receivers shall have the sole authority to:

  1. secure any professional files, client property, and client data of Attorney Shusta;
  2. inventory the client files;
  3. give priority to client matters that may be identified as open, active, and apparently time sensitive;
  4. notify former clients that the law practice has concluded and provide opportunity for those clients to retrieve their property;
  5. assist clients with any active matters in their efforts to obtain new counsel;
  6. if necessary, provide notice of appointment to all courts and relevant state and county agencies; and
  7. if necessary, reconcile any IOLTA, client, or office accounts.

As a service to the bar, Attorney Cayford and the Board shall serve as Co-Receivers on a pro bono basis, although if there are sufficient assets (including receivables) from Shusta’s law practice, the Co-Receivers may be reimbursed from those assets.

Likewise, the Co-Receivers shall submit an itemized list of any disbursements made to effect the terms of this Order. Attorney Shusta shall be the first choice for source of payment for those disbursements. If insufficient assets are available from the law office, the Board of Overseers may be an alternative payment source for expenses related to the law office closure.

Attorney Cayford and the Board shall act as Co-Receivers until discharged by the Court either by Motion or in accordance with M. Bar R. 32.

The Co-Receivers, so appointed, shall not disclose any information contained in any file listed in the 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. 32.

Attorney Cayford and the Board shall be protected from liability for professional services rendered in accordance with this Order.

Finally, within one-hundred and twenty (120) days of this Order, the Receivers shall file a status report with the Court.

Dated: September 4, 2019


E. Mary Kelly
Judge
Sitting as Single Justice by designation