“A Multi-Year Disbarment”

The Maine Supreme Judicial Court has disbarred an attorney who was placed on interim suspension in August 2018

In August 2018, Bar Counsel became aware of Hull’s alleged conversion of approximately $26,750.00 from two non-profit entities, hereinafter referred to as “CP” and “ST.” Bar Counsel’s office commenced an investigation and obtained Damariscotta Police Officer Erick Halpin’s August 8, 2018 Affidavit and Request for Arrest Warrant concerning Hull. Officer Halpin’s Affidavit detailed incidences of illegal conduct by Hull. In response to the Board’s subsequent allegations concerning those same events, Hull offered minimal dispute and explanation.

With respect to the above allegations

the Court finds that Hull engaged in violations of M. R. Prof. Conduct 1.7(a)(2) [conflict of  interest]; 4.1(a) [truthfulness in statements to others]; and 8.4(a)(b)(c) [misconduct; illegal conduct; fraud, deceit or dishonesty].

As to a second complaint

Relevant to the complaint are the circumstances leading up to Hills’s interaction with Hull. In May 2017, Ms. Hills visited Hull at his law office and then authorized a $1,000.00 charge on her credit card intended as a single payment toward Hull’s representation of Chad Nickerson (Hills’s son) in a family matter action. Hull did not prepare a written fee agreement with her, but had prepared one for the client, Chad Nickerson. Several months later (February 2018), Hull improperly charged an additional $3,480.88 on Ms. Hills’s credit card to be applied towards the fees in Hull’s representation of Mr. Nickerson. When contacted by Ms. Hills later that day objecting to that charge, Hull immediately reversed the charge before receiving any funds. In making that credit card charge, Hull committed a violation of MRPC 8.4(c) [fraudulent conduct] by not requesting Ms. Hills’ authorization to incur the $3,480 charge..

Beyond that incident, Hull also failed to attend a court hearing dealing with Nickerson’s custody matter. His failure constituted a violation of M. R. Prof. Conduct 1.3 [diligence] and 8.4(d) [conduct prejudicial to the administration of justice].

Another count

In May 2008, Mr. Hull was serving as Personal Representative (PR) of the Estate of Wayne Plummer. Years later, information from the Estate bank account revealed that from 2009-2010, Hull withdrew approximately $47,300 from Estate funds without explanation. Hull did so by issuing checks from the Estate account payable to himself. Sometime in 2010, Hull started to incrementally repay the Estate but there was still an outstanding balance of funds not repaid.

Sanction

As is evident, the aggravating factors enumerated herein outweigh the mitigating factors. Recognizing the serious harm resulting from Hull’s misconduct, this Court concludes that the appropriate sanction to impose is a multi-year disbarment. Hull acknowledges that his actions warrant the Court’s imposition of such a sanction.

Accordingly, and consistent with the parties’ agreement, the Court hereby Orders that Jonathan C. Hull is disbarred for a period of five years from the practice of law as of the date of this order. The Court further orders that any subsequent reinstatement of Jonathan C. Hull shall occur only through his petition filing and after Court action on that petition, pursuant to the Maine Bar Rules.

He must reimburse the Lawyers’ Fund for Client Protection for awards made as a result of the misconduct. (Mike Frisch)