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: July 27, 2017

Respondent: Alan D. Graves, Esq.

Bar Number: 000091

Order: Receiver Discharge Order

Disposition/Conduct: Receiver Discharge Order

Order to Discharge Receiver Appointed to protect Clients' Interests
M. Bar R. 32(c)

THIS MATTER having been reviewed by the undersigned Justice of the Court, upon the motion of the Receiver herein for an order discharging Him as Receiver of the law practice of Alan D. Graves, Esq., the Court makes the following findings of facts and conclusions of law:

FINDINGS OF FACT

  1. On January 5, 2016, upon motion of the petitioner, Paul W. Chaiken, Esq., the Court appointed Ronald A. Mosley Jr., Esq., as Receiver of the law practice of Alan D. Graves, Esq. for the purpose of obtaining possession of files belonging to Alan D. Graves, Esq.'s clients, securing funds held in Alan D. Graves, Esq. 's operating and trust accounts, obtaining Alan D. Graves, Esq.'s trust account records and protecting the interests of the clients and/or former clients of Alan D. Graves, Esq.
  2. Ronald A. Mosley Jr., Esq., Receiver of the law practice of Alan D. Graves, Esq., acting in good faith, has taken all reasonable steps to fulfill His obligations as Receiver of the law practice of Alan D. Graves, Esq. He has returned or attempted to return all client files to their rightful owners. He has secured funds held in Alan D. Graves, Esq.'s operating and trust accounts and has identified or attempted to identify the persons to whom those funds belong.
  3. Ronald A. Mosley Jr., Esq. has reviewed Alan D. Graves, Esq.'s clients' files. An inventory of the client files is attached hereto as Exhibit A.
  4. Ronald A. Mosley Jr., Esq. has distributed files to a significant number of clients and/or former clients of Alan D. Graves, Esq. Ronald A. Mosley Jr., Esq. has returned, where possible, all active client files to the respective clients. A significant number of other files belonged to deceased clients or contained superseded documents and could be confidentially destroyed. A list of the files that have been returned to Alan D. Graves, Esq.'s clients or otherwise disposed of is attached hereto as Exhibit B.
  5. A number of Alan D. Graves, Esq.'s clients have not picked up their files, despite Receiver's good-faith effort to provide them notice that they should do so. Ronald A. Mosley Jr., Esq. now has in His possession original documents from approximately 56 apparently closed client files. There were no apparently active client files. A list of the files that have not been claimed by the clients is attached hereto as Exhibit C.
  6. Some disposition needs to be made of the remaining files of Alan D. Graves, Esq. 's former clients. Ronald A. Mosley Jr., Esq., the Receiver in this matter, is the most appropriate caretaker of these remaining files. Ronald A. Mosley Jr., Esq. is willing and able to execute these duties. As the Receiver, He is aware of the proper method of tending and distributing these files. Jade A. Murdick, Esq. has agreed to assume these duties at such time that Ronald A. Mosley Jr. is no longer able to perform them.
  7. Ronald A. Mosley Jr., Esq. agreed to serve in this matter as a service to the bar on a pro bono basis. The Receiver has worked approximately 80 hours on this matter, incurred only nominal expenses such as postage and office supplies, and sought no compensation or reimbursement.

Based upon the foregoing FINDINGS OF FACT, the Court makes the following conclusions of law:

  1. Ronald A. Mosley Jr., Esq., Receiver of the law practice of Alan D. Graves, Esq., has taken all reasonable steps to discharge His obligations as Receiver of the law practice of Alan D. Graves, Esq., to return all client files, and to disburse all funds in Alan D. Graves, Esq.'s operating and trust accounts.
  2. Ronald A. Mosley Jr., Esq. should be authorized to maintain in storage at 12 Elm Street, Machias, ME, those client files that have not yet been retrieved by the clients of Alan D. Graves, Esq. At such time that Ronald A. Mosley Jr., Esq. is no longer able to perform His duties, Jade A. Murdick, Esq. should be authorized to assume the responsibilities of the file caretaker and store such files that remain at a location convenient to Jade A. Murdick, Esq.

THEREFORE, it is hereby ORDERED as follows:

  1. Ronald A. Mosley Jr., Esq. is discharged, with the gratitude and appreciation of the court, from further service as Receiver of the law practice of Alan D. Graves, Esq.
  2. Ronald A. Mosley Jr., Esq. is hereby authorized to maintain in storage at 12 Elm Street, Machias, ME, those client files that have not been retrieved by the clients of Alan D. Graves, Esq. At such time that Ronald A. Mosley Jr., Esq. is no longer able to perform His duties as caretaker, Jade A. Murdick, Esq. is authorized to assume caretaker duties at a location convenient to Him.

Dated: July 27, 2017

Andrew M. Mead
Associate Justice
Maine Supreme Judicial Court