Office of Chief Disciplinary Counsel v. Michael Auger (2010)

ORDERS

Pursuant to a Motion for Advice and Approval dated December 3, 2010, and filed by the trustee herein, John C. King, Esquire, the following orders are entered:

1. The trustee is hereby authorized to retain a temporary staff person and a temporary paralegal at reasonable rates to be determined by said trustee for the period of one month.   The trustee may apply to the court for further permission to extend the services above.

2. The trustee is hereby authorized to retain an accounting firm or other qualified person in order to review the bank accounts of Attorney Michael Auger, and the Law offices of Michael J. Auger LLC. Review may include both the clients funds (IOLTA) accounts as well as the operating accounts.   The person retained shall work at the direction of the trustee and report to him directly.

3. The trustee is authorized to present an invoice to the court for its approval, billing for staff time of staff at Updike, Kelly and Spellacy, P.C. for services performed in this matter.

4. The trustee is authorized to transfer the files of Michael Auger Esq. and the Law offices of Michael J. Auger LLC to such other law firm or lawyers as may be directed by the respective client represented in such files.   With respect to collection files transferred to Attorney Joseph Tobin, Tobin and Melien, Attorneys at Law, the trustees may transfer those files in bulk, without review, given attorney Tobin's representation that he and/or his office will undertake a review of those files and the return of any items or documents not properly filed.

5. The trustee is hereby authorized to transfer funds properly identified as being the funds of specific clients collected pursuant to consumer transactions.   The trustee shall maintain an accounting of such funds and provide an accounting to the court and to counsel of record.

6. The trustee is hereby authorized to return files to clients at the request of such clients as he may deem fit.

7. The trustee is hereby ordered to provide periodic status reports as to the expenses incurred in this matter.   To the extent possible, reports and billings should be provided on a monthly basis.

Robaina, J.

Robaina, Antonio C., J.