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In re John

Supreme Court of Maine
Apr 3, 2023

ORDER TO DISCHARGE RECEIVER APPOINTED TO PROTECT CLIENTS' INTERESTS M. BAR R. 32

THIS MATTER having been heard 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 Arthur John ("AJ") Greif, the Court makes the fallowing findings of facts and conclusions of law:

FINDINGS OF FACT

1. On June 27, 2022, upon motion of the petitioner, Audrey Braccio, Esq., in her capacity as Assistant Bar Counsel, Maine Board of Bar Overseers the Court appointed Seth E. Libby, Esq., as Receiver of the law practice of AJ Greif for the purpose of securing client files belonging to attorney Greifs law practice, securing funds held in attorney Greifs operating and trust accounts, obtaining attorney Greifs trust account records and protecting the interests of the clients and/or former clients of attorney Greif.

2. The undersigned Receiver has exercised due diligence and taken all reasonable steps to fulfill his obligations as Receiver of the law practice of attorney Greif. He has returned or attempted to return all client files to their rightful owners. He has urged clients with pending matters to seek new counsel. Where necessary to protect client interests, he has communicated with Courts and opposing counsel to provide notice of attorney Greif's passing and client's need to procure new counsel. He has secured funds held in attorney Greif's operating and trust accounts. He has paid outstanding bills of attorney Greif's law practice and obtained court approval of a plan for the disbursement of client trust funds by order dated October 30, 2022, to Disburse Client Funds.

3. The undersigned Receiver has reviewed attorney Greif s client files. An inventory of the client files is attached hereto as Exhibit A.

4. The undersigned Receiver has distributed files to a significant number of clients and/or former clients of attorney Greif. Wherever possible, Receiver has returned client files to the respective clients. A list of the files that have been returned to attorney Greif's clients is attached hereto as Exhibit B.

5. A few of attorney Greif's clients have not picked up their files despite notice from the Receiver to do so. The Receiver now has in his possession two (2) closed files, wherein the Receiver has written the respective clients and has either received no instructions regarding "the storage or return of the files or said notice was returned with no forwarding address. A list of the unclaimed files is attached hereto as Exhibit C.

6. Some disposition needs to be made of the unclaimed closed files of attorney Greif's former clients. Through his discussions with attorney Greif before his death, attorney Seth Libby, Receiver and a former associate of attorney Greif, has determined and recommends that he is the most appropriate caretaker of these remaining files. Attorney Libby is willing and able to execute these duties. He has taken steps to educate himself as to the proper method of distributing, archiving and, where and when appropriate, destroying these files. A list of the unclaimed files that Receiver proposes to transfer to himself as caretaker for custody is attached hereto as Exhibit D.

7. The undersigned Receiver has disbursed all funds from any trust accounts held by attorney Greif to the appropriate persons as per the Court's Order dated October 30, 2022. A copy of this order is attached hereto as Exhibit E, and an accounting of said disbursements is attached hereto as Exhibit F.

8. The undersigned Receiver has not disbursed the funds in attorney Greif's operating account to his probate estate but expects to do so as a final act in his capacity as Receiver.

9. The undersigned Receiver has submitted a summary of his time and expenses incurred in serving as Receiver of the law practice of attorney Greif. The summary of his time and expenses is attached hereto as Exhibit. G. In carrying out his duties, the undersigned Receiver has provided services and incurred expenses in the total amount of $7,664.57.

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

1. Seth E. Libby, Esq., Receiver of the law practice of Arthur John "AJ" Greif, has. taken all reasonable steps to discharge his obligations as Receiver of the law practice of attorney Greif, to return all client files, and to disburse all funds in attorney Greif's trust accounts.

2. Having taken all reasonable steps to wind down attorney Greif's law practice and safeguard the interest of his former clients, Seth E. Libby, Esq. is authorized to disburse the funds in attorney Greif's operating account to his probate estate.

3. Seth E. Libby, Esq. is entitled to reasonable compensation for his services rendered and reimbursement of expenses incurred while serving as Receiver of DMD Name's law practice in the amount of $7,664.57.

4. Seth E. Libby, Esq. should be authorized to maintain in storage at 43 Ledgelawn Avenue, Bar Harbor, ME those client files that have not yet been retrieved by the clients of attorney Greif.

THEREFORE it is hereby ORDERED as follows:

1. Seth E. Libby, Esq. is discharged as Receiver of the law practice of Arthur John "AJ'' Greif.
2. Seth E. Libby, Esq. is hereby authorized to maintain in storage at 43 Ledgelawn Avenue, Bar Harbor, ME those client files that have not been retrieved by the clients of attorney Greif.
3. Seth E. Libby, Esq. is authorized to disburse the funds in attorney Greif's operating account to the probate estate of Arthur John Greif.
4, Seth E. Libby, Esq. is entitled to reasonable compensation for his services as Receiver for the law practice of AJ Greif and reimbursement for expenses incurred by him while serving as Receiver in the amount of $7,664.57. Upon presentation of this Order, said compensation and expenses are to be paid by the Estate of Arthur John "AJ" Greif as an administrative expense of the Estate.