On Thursday, May 16, 2024, the Maine Board of Overseers of the Bar issued an admonition to Attorney Donald J. Gasink for breaching his professional responsibilities.
The case is entitled “Board of Overseers of the Bar v. Donald J. Gasink,” with case no. GCF 23-005.
The charges cited Maine Rules of Professional Conduct 1.3, 3.4(c), 8.4(a), and 8.4(d).
The sanctions stemmed from a complaint filed against Gasink in January 2023 regarding his role as conservator for a minor since 2009. As conservator, Gasink was required by court order and state law to submit an annual accounting of the finances to the court. However, the last report or accounting filed by Gasink in the case was in December 2016.
In response to the Board’s investigation, Gasink acknowledged being overdue in filing his reports. He had planned to submit them last February but said he was out of state until April without access to the necessary documents. The reports were finally signed by Gasink on June 24, 2023, after multiple reminders from the Bar Counsel’s office.
Gasink attempted to file the past-due reports in the wrong court, as the case had been transferred due to a potential conflict of interest. As of last September, no new reports had been submitted. Although Gasink maintained that he diligently carried out his duties as conservator, his failure to comply with statutory requirements governing conservatorships affected the court’s oversight role.
At a hearing in March, the parties presented an agreed-upon disciplinary resolution to the Grievance Commission panel. According to their stipulations, the panel found Gasink in violation of several Maine Rules of Professional Conduct.
Taking into consideration mitigating factors such as Gasink’s cooperative disclosure, lack of prior discipline, and steps to remedy the situation, the panel concluded an admonition was the appropriate sanction. In issuing the sanction in their May 16 report, the panel affirmed their authority to protect the public from attorneys unable to fulfill professional obligations.
The Disposition states:
“Taking all of the above factors into consideration, and consistent with the analysis outlined in M. Bar R. 21 (c), the Panel Commission accepts the agreement of the parties, including Attorney Gasink’s separately executed waiver of the right to file a Petition for Review, and concludes that the appropriate disposition of this case is an ADMONITION to Donald J. Gasink, Esq which is now hereby issued and imposed upon him pursuant to M. Bar R. 13(e)(10)(B).”
According to avvo.com, Mr. Gasink is a family attorney in Augusta, Maine. He acquired his law license in Maine in 1973.
A copy of the original filing can be found here.
