Board of Overseers of the Bar v. Marilyn E. Stavros, Esq.

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Docket No.: BAR-15-10

Issued by: Maine Supreme Judicial Court

Date: August 8, 2016

Respondent: Marilyn E. Stavros, Esq.

Bar Number: 002273

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 Marilyn E. Stavros, Esq. The Petition has been reviewed by Special Bar Counsel for the Board of Overseers of the Bar. The Board joins in the Petition for Discharge of the Receiver.

After consideration of the Court's Order Appointing Receiver, the Receiver's Reports 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 Anita M. St. Onge, Esq., as Receiver of the law practice of Marilyn E. Stavros, Esq. for the purpose of obtaining possession of files belonging to Marilyn E. Stavros, Esq.'s clients, securing funds held in Marilyn E. Stavros, Esq.'s operating and trust accounts, obtaining Marilyn E. Stavros, Esq.'s trust account records, and protecting the interests of the clients and/or former clients of Marilyn E. Stavros, Esq.
  2. Anita M. St. Onge, Esq., Receiver of the law practice of Marilyn E. Stavros, Esq., has taken necessary and reasonable steps to fulfill her obligations as Receiver of the law practice of Marilyn E. Stavros, Esq. She has returned or attempted to return all client files to their rightful owners. She has secured funds held in Marilyn E. Stavros, Esq.'s operating and trust accounts and has identified the persons to whom those funds belong.
  3. Anita M. St. Onge, Esq. has reviewed Marilyn E. Stavros, Esq.'s clients' files. She has generated an inventory of the client files and has provided that inventory to Special Bar Counsel.
  4. There were no open or current client files.
  5. Anita M. St. Onge, Esq. has distributed files to a number of wills and powers of attorney to former clients of Marilyn E. Stavros, Esq. A list of the files that have been returned to Marilyn E. Stavros, Esq.'s clients has been given to Special Bar Counsel.
  6. A number of Marilyn E. Stavros, Esq.'s clients, have not picked up their files or documents, despite the Receiver's reasonable efforts to provide them notice that they should do so.
  7. Some disposition needs to be made of the remaining files of Marilyn E. Stavros, 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.
  8. The Receiver has reconciled the IOLTA statements. Her accounting appears in her Final Report.
  9. Anita M. St. Onge, Esq., has been assisted by Claire Julian, Esq. Neither Attorney St. Onge nor Attorney Clair Julian have been compensated for the time they have devoted to Receiver duties. They seek no compensation for their work. Ms. St. Onge seeks reimbursement for out of pocket expenses of $244.49.

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

  1. Anita M. St. Onge, Esq., Receiver of the law practice of Marilyn E. Stavros, Esq., has taken all reasonable steps to discharge her obligations as Receiver of the law practice of Marilyn E. Stavros, Esq., to return all client files, to arrange for the secure retention and eventual destruction of those client files, and to reconcile Marilyn E. Stavros, Esq.'s operating and trust accounts.
  2. Anita M. St. Onge, 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 July 2024.

THEREFORE it is hereby ORDERED:

  1. The actions of Anita M. St. Onge, as Receiver of the law practice of Marilyn E. Stavros, as taken or proposed in the Report of the Receiver, are approved, inter alia, the disposition of the client files and the disposition of IOLTA funds. Anita M. St. Onge, Esq., shall be disburse IOLTA funds as set forth in her Final Report.
  2. Anita M. St. Onge, Esq. is discharged as Receiver of the law practice of Marilyn E. Stavros, Esq.
  3. The Court extends it gratitude to Attorneys St. Onge and Julian for their considerable efforts in protecting the clients of and closing the law office of Marilyn E. Stavros, Esq.

The Clerk is directed to incorporate this Order upon the docket by reference pursuant to M.R.Civ.P. 79(a).

Dated: August 8, 2016

Andrew M. Mead
Associate Justice
Maine Supreme Judicial Court