Board of Overseers of the Bar v. George P. Kesaris, Esq.

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Docket No.: BAR-12-8

Issued by: Maine Supreme Judicial Court

Date: June 7, 2013

Respondent: George P. Kesaris, Esq.

Bar Number: 002579

Order: Findings, Conclusions and Order

Disposition/Conduct: N/A

Order to Disburse Client Trust Funds M. Bar R. 7.3(f)

Upon petition of Nathaniel R. Fenton, Esq. for an order authorizing disbursement of certain funds held in the client trust accounts of George P. Kesaris, a deceased attorney and after review by this Court on June 7, 2013, the Court makes the following findings and conclusions:

FINDINGS OF FACT

  1. George P. Kesaris died on or about July 13, 2012, leaving no partners or associates capable of winding down his law practice.

  2. On or about August 23, 2012, Nathaniel R. Fenton was appointed by this Court as Receiver of the law practice of George P. Kesaris.

  3. Following the appointment, the Receiver of George P. Kesaris's practice, took possession of records relating to the attorney trust account maintained by George P. Kesaris at Camden National Bank, account number 9242732 for the purpose of determining the ownership of the funds in the account.

  4. As of July 13, 2012, the balance in George P. Kesaris's attorney trust account at Camden National Bank was $3.74.

  5. The total value of trust account funds belonging to clients of George P. Kesaris is $3.74.

  6. The Personal Representative had no knowledge of any other claims against George P. Kesaris's trust accounts.

  7. The Receiver has been unable to determine the owners of the remaining $3.74 in the trust account of George P. Kesaris.

  8. The Receiver has received no notice of any claim to client trust account funds from any former client of George P. Kesaris or any other individual or entity.

Based upon the foregoing findings of fact, the Court makes the following:

CONCLUSIONS OF LAW

  1. The Court has jurisdiction of this matter pursuant to M. Bar R. 7.3(f).

  2. The funds in George P. Kesaris's client trust account must be disbursed equitably to George P. Kesaris's former clients, but the client(s) entitled to such funds are unknown.

  3. The Receiver requests that said sum be given to the Office of Bar Counsel to hold for George P. Kesaris's clients.

THEREFORE, pursuant to Maine Bar Rule 7.3(f), it is ORDERED as follows:

The Receiver of the law practice of George P. Kesaris is hereby authorized to disburse funds from the trust account of George P. Kesaris formerly held at Camden National Bank in the amount of $3.74 to Office of Bar Counsel to be held until properly claimed by George P. Kesaris's client(s)

Donald Alexander

Justice, Maine Supreme Judicial Court