Overseers Bar Warning Waxman Jan 8 2010

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BOARD iVIJ::MBEHS

Jud Knox, Chair David IV!.Sanders.

BOARD OF OVERSEE'RS OF THE BAR


Established by the Maine Supreme Judicia! Court

BOARD STAFF
EXH:CTIYE

resq .. Vice Chair

97 Winthrop Street
PO Box 527

Dinecron
M. Rogers

Jacqueline

Patricia \1. Ender. Lsq. Charles F,. Gilbert 1IL Esq.


Christine Holden, Ph.D. Dawn M. Pelletier, Esq. Stephen J. Schwartz. Esq.

BAR COUNSEL

Augusta, ME 04332-0527
ASSISTANT

l. ScoltDavis
BAit COUNSEL

Phone 207-613-1121 Email board@mebaroverseers.org

F,lX 207-623-4175 Web www.mebaroverscers.org

Aria Eee
Jacqueline L.1.. Gomes

January 8, 2010

Lori Handrahan 28 Franklin Terrace South Portland, ME 04 J 06 Peter E. Rodway, Esq. Rodway & Horodyski Attorneys at Law PO Box 874 Portland, ME 04104 Re: GCF# 09-365 Dear Ms. Handrahan and Attorney Rodway: Please be advised that on January 5,2010, a Grievance Commission panel reviewed the complaint in the above matter and issued its decision which I received today. Based upon that review, the panel concluded as follows: "Attorney Waxman seemingly has become personally involved in Mr. Malenko's case. In doing so, he has maligned Ms. Handrahan and threatened to complain against another member of the bar. Those actions constituted violations of M. Bar R. 3.1; 3.2()(4); 3.6(c) and M. R. Prof. Conduct 8.4(d) and (e). However, since the matter remains before the District Court and the Panel finds only minor misconduct, this complaint is dismissed with a warning to Attorney Waxman to refrain in the future from adopting such an overzealous approach to his clients' matters." As a result of that determination, including the panel's finding that the moderating circumstances described within Maine Bar Rule 7.l(d)(4)(A) (enclosed) were present, the panel directed that the complaint be dismissed with a warning to Attorney Michael J. Waxman to refrain from such misconduct in the future. This letter serves as Bar Counsel's delivery of that dismissal with a warning. Please note that under the Maine Bar Rules, a dismissal with a warning is not discipline. Therefore, the Complaint and the resulting warning will be treated by the Board of Overseers of the Bar, the Grievance Commission and Bar Counsel as a confidential matter.

Fee Arbitration Conunission

Grievance Commission'

Professional Ethics Commission

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