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SUPREME JUDICIAL COURT Docket No. Bar 02-02
BOARD OF OVERSEERS OF THE BAR
v. DECISION AND ORDER
JOSEPH F. HOLMAN, ESQ.
of Farmington, Maine
Me. Bar #1767
Attorney Joseph F. Holman, who has been a member of the Maine Bar since
1951, has tendered his resignation from the Bar. Because he is the subject
of an investigation under the Maine Bar Rules, the Court must determine
whether to accept or reject his resignation. M. Bar R. 7.3(g)(2). The Board
of Overseers of the Bar, in a split vote, has recommended that his resignation
be rejected.
Holman's letter of resignation is accompanied with the required affidavit
in which he admits the truth of the misconduct allegations. See M.
Bar R. 7.3(g)(1)(C). At a hearing held on April 10, 2002, Holman addressed
the Court and acknowledged his misconduct. He apologized for the misconduct,
saying that he is deeply ashamed, and he represented that, if his resignation
is accepted, he will never seek reinstatement.
Holman is seventy-six years old. The Court has reviewed the medical records
that he submitted which indicate that he is suffering from cancer and has
undergone recent surgeries. In addition, he is being treated with antidepressant
medication.
Holman's misconduct arose from his representation of an elderly friend.
Holman drafted the friend's will and trust in which he was named a beneficiary
and co-trustee, and Holman purchased property from the trust. So far as
is known, no one suffered a loss as the result of his misconduct. The property
was purchased at its appraised value, and the sale was approved by the other
co-trustee and remaindermen.
This is not the first time that Holman has been the subject of an investigation
for misconduct as an attorney. In 1976 he was suspended from the practice
of law for one and one-half years as the result of misrepresentations he
made to the Bankruptcy Court regarding legal fees.
The Board's position is that the serious nature of Holman's misconduct,
in addition to his previous suspension, means that he should be subject
to public disciplinary proceedings instead of being allowed to resign privately.
The Board is concerned that the private resignation will have no deterrent
effect on the rest of the Bar and will not adequately signal the public
that such misconduct has serious repercussions.
There is no question that Holman's misconduct was extremely serious. Furthermore,
the fact that he was previously suspended from practice, albeit twenty-five
years ago, indicates that the public should be protected from his practice
of law. However, his resignation and his representation that he will never
seek reinstatement will suffice to protect the public because he will never
again practice law in Maine.
As to the lack of deterrent effect on other attorneys by Holman's resignation
as opposed to public disciplinary proceedings, the public nature of this
order should suffice. Although Holman's affidavit is impounded pursuant
to M. Bar R. 7.3(g)(3), this order is a matter of public record. Thus, the
number of attorneys who will learn about Holman's resignation, made while
he was under investigation for misconduct, is likely to be as large as the
number of attorneys who would learn about a suspension or disbarment proceeding
and will have as much deterrent effect as a suspension or disbarment. Attorneys
are well aware that in order to accept a recommendation the Court must have
the resigning attorney's admission of misconduct.
In light of the totality of factors in this case, the Court is of the opinion
that the resignation should be accepted. Holman's age and health, his remorse,
his representation that he will not seek reinstatement to the Bar, and the
fact that no one suffered a loss resulting from his misconduct are all factors
leading to this decision to accept his resignation.
The court hereby accepts the resignation of Joseph F. Holman from the Maine
Bar. Pursuant to M. Bar R. 7.3(g)(3) his affidavit will remain impounded.
If Holman should renege on his promise that he will not seek reinstatement,
the affidavit will be made public. This order is a matter of public record
pursuant to M. Bar R. 7.3(g)(3).
Dated: April 22, 2002