On Tuesday, March 7, 2023, the Maine Grievance Commission found probable cause for the filing of information requesting an order of suspension or disbarment against attorney Kevin G. Grimes.

The case is entitled “Board of Overseers of the Bar v. Kevin G. Grimes” with case no. 22-021.

The charges cited Maine Rules of Professional Conduct 1.1, 1.3, 1.4, and 1.15 which state:

A lawyer shall provide competent representation to a client.

A lawyer shall act with reasonable diligence and promptness in representing a client.

A lawyer shall keep the client reasonably informed about the status of the matter and promptly comply with reasonable requests for information.

A lawyer shall identify the properties of a client promptly upon receipt and place them in a safe-deposit box or another place of safekeeping as soon as practicable. Maintain complete records of all properties of a client coming into possession of the lawyer and render prompt and appropriate accounts to the client regarding them, which records shall be kept by the lawyer and shall be preserved for a period of eight years after termination of the representation; and promptly deliver to the client, as requested by the client, the properties in the possession of the lawyer which the client is entitled to receive.

The Rules of Professional Conduct can be found here.

On August 26, 2022, the Board of Overseers of the Bar filed disciplinary charges against the respondent. This is rooted in the respondent’s representation of an 83-year-old client in a personal injury case. The client suffered a slip and fall at a personal residence in Freeport resulting in injuries that required medical treatment, including rehabilitation. However, some of the client’s medical bills were not covered by insurance. As part of his representation, the respondent stated that he had already filed the complaint and served it on the homeowner around 2019. However, upon verification at the clerk’s office, the family of the client found out later on that the complaint had been filed on September 10, 2021, and not in 2019, as Attorney Grimes stated.

The filing states:

“Later in 2019, Attorney Grimes told Mr. Goss that he had filed the complaint and served it on the homeowner. In 2020, when Mr. Goss inquired about the status of the matter, Attorney Grimes told him repeatedly that the courts were shut down because of COVID.”

The filing continues:

“Mr. Goss’daughter contacted Attorney Grimes on September 7,2O2I, and, Attorney Grimes told her that Mr. Goss would receive everything in the mail on Thursday, September 9, 2021. Again, Mr. Goss did not receive anything from Attorney Grimes. His daughter called Attorney Grimes that day. Attorney Grimes admitted to not mailing anything and said he would deliver the documents on September 11, 2021.”

The filing further states:

“Attorney Grimes did not respond to Mr. Goss’ written inquiry about the misrepresentation. Mr. Goss retained another attorney to represent him. Attorney Grimes admitted to Bar Counsel in his response to Mr. Goss’ complaint against him that he did not file the complaint until 2021. He stated that when he received Mr. Goss’ August 10, 2021 letter, he realized that he had not filed the complaint in 2019 and that “[ijt was at this point that I filed the complaint…”The complaint was not filed, however, until September 10, 2021. Attorney Grimes also admitted he had lost Mr. Goss’ file when he moved his office. He offered no other explanation for his actions.”

The panel stated that attorney Grimes’ conduct was intentional and knowing. While it did not cause any actual monetary harm to the client, it was dishonest and deceptive, the court added. Regarding potential aggravating factors, the panel emphasized that Mr. Grimes’s dishonesty to his client and the board clearly violated the professional conduct mandates. For all of these reasons, the panel found that there is probable cause to file charges against the respondent.

The Disposition states:

“Taking the above factors into consideration, and consistent with the analysis outlined in M. Bar Rule 21(c), the Panel finds probable cause for the filing of an Information requesting an order of suspension or disbarment.”

Mr. Grimes practices in Kennebunk, Maine. He is licensed in Maine with license no. 007847. His info can be found on Linkedin.

A copy of the original filing can be found here.