Board of Overseers of the Bar v. Cynthia J. Dresden, Esq.

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Docket No.: BAR-16-5

Issued by: Maine Supreme Judicial Court

Date: May 27, 2016

Respondent: Cynthia J. Dresden, Esq.

Bar Number: 004443

Order: Receiver Discharge Order

Disposition/Conduct: Receiver Discharge Order

ORDER FOR DISCHARGE OF RECEIVER
Me. Bar Rule 32(c)

Before the Court is a Petition for Discharge of the Receiver appointed by this Court to oversee the concluding of the law practice of Cynthia J. Dresden, Esq. After consideration of the Court's Order Appointing Receiver, the Receiver's Report of Services Rendered, and the Petition for Discharge, the Court finds:

  1. Upon motion of Paul Chaiken, Special Bar Counsel to the Maine Board of Bar Overseers, the Court appointed Jane Makela, Esq., as Receiver of the law practice of Cynthia J. Dresden, Esq. for the purpose of obtaining possession of files belonging to Cynthia J. Dresden, Esq.'s clients, securing funds held in Cynthia J. Dresden, Esq.'s operating and trust accounts, obtaining Cynthia J. Dresden, Esq.'s trust account records, and protecting the interests of the clients and/or former clients of Cynthia J. Dresden, Esq.
  2. Jane Makela, Esq., Receiver of the law practice of Cynthia J. Dresden, Esq., has taken necessary and reasonable steps to fulfill her obligations as Receiver of the law practice of Cynthia J. Dresden, Esq. She has returned or attempted to return all client files to their rightful owners. She has secured funds held in Cynthia J. Dresden, Esq.'s operating and trust accounts and has identified the persons to whom those funds belong.
  3. Jane Makela, Esq. has reviewed Cynthia J. Dresden, Esq.'s clients' files. She has generated an inventory of the client files and has provided that inventory to Special Bar Counsel.
  4. Jane Makela, Esq. has distributed files to a significant number of clients and/or former clients of Cynthia J. Dresden, Esq. The Receiver has returned, where possible, all active client files to the respective clients. A list of the files that have been returned to Cynthia J. Dresden, Esq.'s clients has been given to Special Bar Counsel.
  5. A number of Cynthia J. Dresden, Esq.'s clients, have not picked up their files, despite Receiver's reasonable efforts to provide them notice that they should do so.
  6. Some disposition needs to be made of the remaining files of Cynthia J. Dresden, Esq.'s former clients. The Board of Overseers of the Bar is best suited to arrange for secure retention and then secure destruction of these files.
  7. The Receiver has disbursed all funds from any trust accounts held by Cynthia J. Dresden, Esq. to the appropriate persons, as is set forth in the Receiver's Report. An accounting of said disbursements has been provided to Special Bar Counsel.
  8. Jane Makela, Esq. and Jennifer Atkinson, her assistant for purposes of this Receivership, have not been compensated for the time they have devoted to Receiver duties. They seek no compensation for their work. As-part of the office closing, they were given used equipment and books by the Personal Representative of the Estate of Cynthia J. Dresden.
  9. Jane Makela, Esq., and Jennifer Atkinson are entitled to recover costs for performing Receiver duties and delivering files to clients, those costs being mileage reimbursement for the multiple trips to the law office of Cynthia J. Dresden, and delivery of files to the former clients.

Based upon the foregoing, the Court makes the following findings and reaches the following conclusions:

  1. Jane Makela, Esq., Receiver of the law practice of Cynthia J. Dresden, Esq., has taken all reasonable steps to discharge her obligations as Receiver of the law practice of Cynthia J. Dresden, Esq., to return all client files, to arrange for the secure retention and eventual destruction of those client files, and to disburse all funds in Cynthia J. Dresden, Esq.'s operating and trust accounts.
  2. Jane Makela, Esq., is authorized to deliver the remaining files to the Board of Overseers of the Bar, which entity shall arrange for the secure retention of the files and eventual secure destruction of the files in January 2024.

THEREFORE it is hereby ORDERED:

  1. The actions of Jane Makela, as Receiver of the law practice of Cynthia J. Dresden, as taken or proposed in the Report of the Receiver, are approved, inter alia, the disposition of the client files, disposition of IOLTA funds and disposition of general operating account funds, and the disposition of office equipment. Jane Makela, Esq., and Jennifer Atkinson shall be reimbursed for their mileage expenses as set forth in the Report.
  2. Jane Makela, Esq. is discharged as Receiver of the law practice of Cynthia J. Dresden, Esq. Jennifer Atkinson is similarly relieved of responsibilities in connection with the concluding of the law practice of Cynthia J. Dresden, Esq.
  3. The Court extends it gratitude to Ms. Makela and Ms. Atkinson for their considerable efforts in protecting the clients of and closing the law office of Cynthia J. Dresden, Esq.

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

Dated: May 27, 2016

Thomas E. Humphrey
Associate Justice
Maine Supreme Judicial Court