Board of Overseers of the Bar v. Franklin A. Poe

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Docket No.: BAR-08-06

Issued by: Supreme Judicial Court

Date: April 6, 2013

Respondent: Franklin A. Poe

Bar Number: 002305

Order: Receiver Appointment

Disposition/Conduct: Receiver Appointment re: Franklin A. Poe's Law Practice

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

By Order dated February 9, 2009, this Court disbarred Franklin A. Poe from the practice of law in Maine. After Petition filed by the Board of Overseers pursuant to M. Bar R. 7.3(f), the Court Orders the following:

As of this date, William W. Logan, Esq. and David B. Soule, Esq. are appointed the Temporary Receivers of Franklin A. Poe's law practice. With the cooperation of Mr. Poe (or if necessary, with the assistance of Lincoln County Sheriff's Department) Attorneys Logan and Soule shall:

  1. secure the professional files, client property and client data of Mr. Poe

  2. obtain access to Mr. Poe's post office box (if one exists) to secure any law office or legal mail

  3. inventory the open and closed client files

  4. give priority attention to client matters which are open and time sensitive (if any exist)

  5. notify clients or former clients that the law practice has concluded and provide opportunity for clients to retrieve their property.

  6. Attorneys Logan and Soule shall also prudently access and utilize Mr. Poe's operating and/or IOLTA accounts to effect the formal conclusion of the practice, including the temporary retention of office staff or other personnel as necessary and appropriate.

Attorneys Logan and Soule shall submit to the Court a record of hours worked and disbursements made in the event the Court allows for payment of legal fees at the State court appointment rate. The assets of Mr. Poe shall be the first choice for source of payment to the Receivers, although ultimately, they may serve in a pro bono capacity. Otherwise Attorneys Logan and Soule may be compensated from another source ordered by the Court.

Attorneys Logan and Soule shall act as Receiver until discharged by the Court either by Motion or in accordance with paragraph 3 of M. Bar R 7.3(f).

Attorneys Logan and Soule so appointed 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, Attorneys Logan and Soule may be engaged by any former client of Mr. Poe provided that they inform any 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 the Receivers employment by the client. Attorneys Logan and Soule are subject to all Bar Rules, including M. Bar R. 3.4 on conflicts of interest. However, a client's retention of the Receivers as successor counsel is not a per se conflict of interest solely by reason of Attorneys Logan and Soule's appointment by this Order.

Attorneys Logan and Soule shall be protected from liability for professional services rendered in accordance with this Order to the extent permitted by law. Within sixty days of this Order, the Receivers shall file a status report with the Court, with a copy to the Board of Overseers of the Bar.

Robert W. Clifford, Associate Justice

Maine Supreme Judicial Court