Maine Panel of the Grievance Commission warrants Public Reprimand of Attorney Flick not just Reprimand by the Commission

On Friday, September 30, 2022, a Panel of the Grievance Commission of the State of Maine ruled on the Formal Disciplinary Charges Petition filed by the Board of Overseers against Respondent Mount Vernon attorney James Mitchell Flick, Esq., under case #GCF 21-301.

On September 28, 2022, the Panel conducted a hearing concerning Respondent’s misconduct. Respondent appeared self-represented and the Board was represented by a bar counsel.

According to the filing:

“Prior to the scheduled hearing date, the parties notified the Grievance Commission that they had negotiated a proposed settlement of the disciplinary matter. The proposed sanction report was submitted to the Clerk for the Commission’s advance review and consideration. Bar Counsel also provided B.R. with a copy of the parties’ proposed Stipulated Report of Findings in advance of the hearing.”

The misconduct as stipulated in the Report of Findings involves:

“Flick had previously represented the complainant, B.R. in three matters. Flick told the complainant that he would charge his usual rate of $250 per hour. The complainant did not have funds available to pay Flick. After some discussion, Flick and the complainant agreed that the complainant would pay for representation by transferring title to a 2009 Audi to Flick, by delivering a note and mortgage on some real estate to Flick and by the complainant providing some excavation services to Flick. Neither the exact value of these items nor the exact cost of representation was determined in advance. Flick spent many hours responding to communications from the complainant about the legal matters and spent several hours litigating one of the matters, and he obtained good results for the complainant.

Documentation for the transaction involving the note and mortgage consisted of a MortgageDeed and a $20,000.00 Promissory Note, both dated October 12, 2021. There was no documentation concerning payment of Flick’s fees through excavation work the complainant performed for him. The only documentation concerning the transfer of the 2009 Audi was the Title, signed over to Flick on August 9, 2021, and a handwritten note of the same date stating, “received of J. Mitchell Flick $ for 2009 Audi A4 Quatro. As is.”

Rule 1.8(a) of Maine Rules of Professional Conduct (MRPC) requires:

A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless:

(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;

(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and

(3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.

The Commission in finding Respondent’s misconduct notes:

“There is no question that the transfer of the Audi, the note and mortgage, and the payment through excavation services constituted “business with a client.” There is also no question that Flick failed to comply with the requirements of Rule 1.8(a). His conduct not only violated Rule 1.8(a) but also Rule 8.4(a), violating or attempting to violate the M.R.Prof. Conduct.”

Flick agreed that he violated his duty owed to his client and to the profession.

Accordingly, the Commission concluded that Flick violated MRPC, and recommended that Respondent be reprimanded by the Grievance Commission and be placed on probation for a period of four months from the date of the Stipulated Report of Findings.

The Panel of the Grievance Commission accepted the agreement of the parties, Flick’s separately executed waiver of his right to file a Petition for Revie, and concluded that the appropriate disposition is a Public Reprimand to J. Mitchell Flick, Esq., along with the probation stated in the Stipulated Report of Findings.

According to LinkedIn, Mr. Flick attended Western New England College, graduating with Juris Doctor degree in 1985. Flick practices in Mount Vernon and Winthrop, Maine and has been licensed in Maine, license #003167. His info can also be found on Lawyers.com.

A copy of the original filing can be found here.