On January 25, 2023, the State of Maine Grievance Commission found probable cause for suspension against Winthrop attorney J. Michell Flick for knowingly making false statements.
The case is entitled “Board of Overseers of the Bar v. J. Michelle Flick” and was brought by the Board of Overseers of the Bar, with case no. 22-709.
The charges cited Maine Rules of Professional Conduct 3.3(a)(1), 8.4(c)(d), 8.1(a) and 8.4(a)(c) which state:
A lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
The Rules of Professional Conduct can be found here.
The respondent, while in possession of an automobile that he purchased from the complainant several years prior, knowingly made false statements and accusations to force the seller (Complainant) to assist him in obtaining a new title of the automobile despite the fact that all of the legal documents of the car had already been transferred to him upon purchased. The Respondent kept on insisting on the seller to the point of threatening the latter with legal action.
The filing states:
“Respondent continued to write to Complainant insisting that she assist him in obtaining a new title to the automobile, including letters dated October 25, 2018, and February 8, 2019. The specific actions the respondent directed Complainant to take changed over time. In his letter dated February 8, 2019, Re respondent told Complainant, “please do not make this any more difficult than it has already been,” and that if she did not comply with his latest demand she would “leave [him] no choice” but to “initiate legal action against [her].
The filing continues:
“In fact, at the hearing Respondent acknowledged that during the approximately four years he owned and used this automobile, he never registered it, never insured it, and never paid sales tax or excise tax on it. Instead, he continued to use the automobile for personal purposes with the dealer plates attached until he sold it during the spring or summer of 2020.”
The Grievance Commission, upon finding the evidence and facts of the matter, stated that the respondent violated the abovementioned charges of the Rules of Professional Conduct. According to the Commission, the respondent acted intentionally and knowingly causing harm to the complainant. The Panel finds that probable cause exists for the suspension of the respondent. They also direct Bar Counsel to file information and undertake further investigation.
As of today, Mr. Flick is listed on the website of the law firm J. Mitchell Flick, as a practicing attorney. His info can be found on Linkedin. He practices in Winthrop, Maine, and is licensed in the same.
A copy of the original filing can be found here.
