Board of Overseers of the Bar v. Alan D. Graves, Esq.

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Docket No.: BAR#15-17

Issued by: Maine Supreme Judicial Court

Date: January 5, 2016

Respondent: Alan D. Graves, Esq.

Bar Number: 000091

Order: Receiver Appointment

Disposition/Conduct: Receiver Appointment

Order for Appointment of Receiver
M. Bar R. 32 (2015)

Upon Petition filed by the Board of Overseers, pursuant to M. Bar R. 32, the Court Orders:

As of this date, Ronald A. Mosley, Jr., Esq., is appointed Receiver for final closing of the law practice of Alan D. Graves. Pursuant to this Order, Attorney Mosley shall:

  1. secure any professional files, client property and client data of Alan D. Graves;
  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. reconcile any IOLTA, client or office accounts.

As a service to the bar, Attorney Mosley has agreed to serve as this Receiver on a pro bono basis. Attorney Mosley shall submit a semi-annual written report to the Court and the Board of Overseers of the Bar containing a record of time worked and disbursements made in this matter. The law practice of Alan D. Graves shall be the first choice for source of payment for those disbursements. If insufficient assets are available from that source, the Board of Overseers of the Bar may be an alternate payment source for those disbursements.

Attorney Mosley shall act as Receiver until discharged by the Court in accordance with M. Bar R 32(c).

Attorney Mosley 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 32.

Attorney Mosley may be engaged by any former client of Alan D. Graves provided that the client is informed 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 Receiver?s employment by the client. Attorney Mosley is subject to all 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 the Receiver(s) as successor counsel is not a per se conflict of interest solely by reason of Attorney Mosley?s appointment by this Order. Attorney Mosley shall be protected from liability for professional services rendered in accordance with this Order to the extent permitted by law.

Finally, the Receiver shall file a status report with the Court, with a copy to the Board of Overseers of the Bar, on or before June 1, 2016.

The Clerk is directed to incorporate this Order on the docket by reference.

Dated: January 5, 2016

Andrew M. Mead
Associate Justice
Maine Supreme Judicial Court