Maine Second Chance

A stayed two-year suspension with numerous conditions has been imposed by the Maine Supreme Judicial Court based on a proposed consent in a matter in which a judge had expressed competence concerns

 In late 2014, Judge Maria Woodman filed a grievance complaint concerning her and other jurists’ observations of Attorney Carey’s repeated incompetence in court matters. Both in the complaint and later during the testimonial evidence presented at the proceeding before the Board’s Grievance Commission under M. Bar R. 13(e), four jurists recounted their experiences, observations, and concerns about Attorney Carey’s lack of core competence.

Throughout the complaint investigation and the subsequent disciplinary proceeding, Attorney Carey has been adamant that the jurists’ accounts were inaccurate and that they had colluded in a conspiracy against him. Although he may continue to disagree with the jurists’ testimony, Attorney Carey wishes to move forward in his legal career. He has determined to set aside his disagreements and accept that multiple jurists have found his skills to be inadequate. Attorney Carey agrees that the testimony of the four jurists at the preliminary hearing before the Grievance Commission comprises sufficient evidence for this Court to find that he has demonstrated a lack of core competence in the handling of his clients’ respective litigation matters. Based upon that admission, the Court finds that Attorney Carey has at times failed to follow applicable rules, procedures and directives issued by the trial courts referenced above.

The court noted prior discipline for similar problems.

 The Court urges Attorney Carey to use the two-year period of suspended suspension with monitoring to seek guidance and accept direction from his monitoring colleagues on issues of office management, client and court communication, and litigation strategy, and to discuss with MAP and his monitors how to appropriately engage with the Maine bench and bar so that he may effectively represent his clients

There are a number of conditions. (Mike Frisch)