The Uninvited (Snowstorm Trips)

A Maine Grievance Commission Panel imposed a reprimand of an attorney for neglect and related violations.

Mr. Boucher’s complaint involves Attorney Lunn’s neglect and failures to communicate with proper responses to the requests of his client, Mr. Boucher, regarding the status – including the retainer balance – of the two related legal matters Mr. Boucher understood he had hired Attorney Lunn to undertake against his neighbor.

In that regard, in August 2013 Mr. Boucher had met with Attorney Lunn to discuss two different, but related matters: 1). To pursue a Protection from Harassment action; and 2). To possibly file a civil damages action. Each matter concerned Christopher Sabine’s (Mr. Boucher’s neighbor) misuse of his skidder and intentional “water damage” (from snow plowing) to Mr. Boucher’s property.

Mr. Boucher’s grievance focused on Attorney Lunn’s lack of proper response(s) to his requests for status and progress updates about those matters.

Mr. Boucher’s requests to Attorney Lunn concerning the status of $5,000.00 retainer amount Mr. Boucher had paid to Attorney Lunn were likewise not properly answered by Attorney Lunn.

Mr. Boucher further claimed that for more than 3  years Attorney Lunn failed to take steps or efforts to have his Protection from Harassment action filed with the court.

Attorney Lunn’s initial written response to Bar Counsel’s investigative inquiry claimed that he did not feel Mr. Boucher had much of a case. However, he failed to include appropriate confirmation that he had actually ever communicated and properly informed Mr. Boucher that he would not pursue his matter(s), i.e. that Mr. Boucher would need to and should consult with other counsel.

Attorney Lunn agrees he failed to ever issue any declination letter to Mr. Boucher or otherwise properly confirm to him that he was not going to represent him regarding either matter, i.e., the Protection from Harassment or the “snow plowing.” Attorney Lunn now agrees that such conduct by him was in violation of Rules 1.3 (diligence) and 1.4(a)(b) (communication) of the Maine Rules of Professional Conduct.

An arbitration hearing resulted in these findings

1. Since Attorney Lunn never charged Mr. Boucher for the PFH issue, the Panel only focused its concerns and analysis on Mr. Boucher’s possible civil damages action(s) against Mr. Sabine;
2. Attorney Lunn’s billing of Boucher for his many “uninvited (snowstorm) trips” to Mr. Boucher’s property was unreasonable;
3. Attorney Lunn had also failed to ever clearly and fully inform Mr. Boucher about those snowstorm trips;
4. Attorney Lunn failed to meet his burden of proof (which he had to meet due to the lack of a written fee agreement (see M. Bar R. 7(e)(12)) that the balance of $2,217.57 (from the $5,000.00 paid retainer) in fees and costs was reasonable and earned by him; and
5. As a result, Attorney Lunn was then ordered by the FAC Award to refund that amount to Mr. Boucher, then being due within 30 days of his receipt of such notice (see M. Bar R. 7(g)).

The attorney paid the amount ordered and st ipulated to the sanction. (Mike Frisch)