Board of Overseers of the Bar v. Janet C. McCaa, Esq.

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Docket No.: BAR-16-13

Issued by: Maine Supreme Judicial Court

Date: December 30, 2016

Respondent: Janet C. McCaa, Esq.

Bar Number: 003594

Order: Receiver Discharge Order

Disposition/Conduct: Receiver Discharge Order

ORDER FOR DISCHARGE OF CO-RECEIVERS
Me. Bar Rule 32(c)

Before the Court is a Petition for Discharge of the Co-Receivers appointed by this Court to oversee the concluding of the law practice of Janet C. McCaa, 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 Co-Receivers.

After consideration of the Court?s Order Appointing Receivers, the Co-Receivers? Final Report 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 Sarah M. McDaniel, Esq., and Bruce R. Johnson, Esq., as Co-Receivers of the law practice of Janet C. McCaa, Esq., for the purpose of obtaining possession of files belonging to Janet C. McCaa, Esq.?s clients, securing funds held in Janet C. McCaa, Esq.?s operating and trust accounts, obtaining Janet C. McCaa, Esq.?s trust account records, and protecting the interests of the clients and/or former clients of Janet C. McCaa, Esq.
  2. Sarah M. McDaniel, Esq. and Bruce R. Johnson, Esq., as Co-Receivers of the law practice of Janet C. McCaa, Esq., have taken all necessary and reasonable steps to fulfill their obligations as Co-Receivers of the law practice of Janet C. McCaa, Esq. They have returned or attempted to return all client files to their rightful owners. They have secured funds held in Janet C. McCaa, Esq.?s operating and trust accounts and have identified the persons to whom those funds belong.
  3. Sarah M. McDaniel, Esq. and Bruce R. Johnson, Esq. have reviewed Janet C. McCaa, Esq.?s client files. They have generated an inventory of the client files and have provided that inventory to Special Bar Counsel.
  4. Janet C. McCaa, Esq. had formally closed her practice on December 31, 2016, but had maintained an office space for other business ventures. One current client file with original estate planning documents was located at her office. This file and original documents were delivered to the client.
  5. Bruce R. Johnson, Esq. has distributed other original estate planning documents to former clients of Janet C. McCaa, Esq. A list of the files that have been returned to Janet C. McCaa, Esq.?s clients has been given to Special Bar Counsel.
  6. A number of Janet C. McCaa, Esq.?s former clients have not picked up their files or documents, despite the Co-Receivers? reasonable efforts to provide them notice that they should do so.

  7. Some disposition needs to be made of the remaining files of Janet C. McCaa, Esq.?s former clients. Bruce R. Johnson, Esq. was a former law practice partner of Janet C. McCaa, Esq. The remaining files of the law practice of Janet C. McCaa, Esq. consist of less than one file cabinet drawer. Johnson & Associates, the law practice of Bruce R. Johnson, Esq., is best suited to arrange for secure retention and then secure destruction of these files.
  8. The Co- Receivers have reconciled the IOLTA statements. Their findings appear in their Final Report.
  9. The Co-Receivers have been compensated for the time they have devoted to their duties, as outlined in the Co-Receiver?s Final Report.

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

  1. Sarah M. McDaniel, Esq. and Bruce R. Johnson, Esq., as Co-Receivers of the law practice of Janet C. McCaa, Esq., have taken all reasonable steps to discharge their obligations as Co-Receivers of the law practice of Janet C. McCaa, Esq., to return all client files, to arrange for the secure retention and eventual destruction of unclaimed client files, and to reconcile Janet C. McCaa, Esq.?s operating and trust accounts.

  2. Bruce R. Johnson, Esq., is authorized to retain the remaining files at Johnson & Associates, 469 Main Street, Suite 212, Springvale, Maine 04083 or at such other location on record with the Maine Board of Bar Overseers after this as a subsequent office address, and to arrange for the secure retention of the files and eventual secure destruction of the files in December, 2024.

THEREFORE it is hereby ORDERED:

  1. The actions of Sarah M. McDaniel, Esq. and Bruce R. Johnson, Esq., Co-Receivers of the law practice of Janet C. McCaa, Esq., as taken or proposed in the Final Report of the Co-Receivers, are approved, including, inter alia, the disposition of the client files and the reconciliation of IOLTA funds.
  2. Sarah M. McDaniel, Esq. and Bruce R. Johnson, Esq. are discharged as Co-Receivers of the law practice of Janet C. McCaa, Esq.

  3. The Court extends it gratitude to Attorneys McDaniel and Johnson for their considerable efforts in protecting the clients of and closing the law office of Janet C. McCaa, Esq.

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

Dated: December 30, 2016

Andrew M. Mead
Associate Justice
Maine Supreme Judicial Court