Make a gift in honor of the good that comes from BDN journalism in your hands, and help raise $60,000 this spring to support our reporting. Make a donation now.
ROCKLAND, Maine — A judge has ordered an immediate interim suspension of a Rockland lawyer and appointed another attorney to manage his practice.
Justice Michaela Murphy ruled May 18 that David M. Zirschky be suspended until a further order of the court. The court order states that the decision was based on a confidential affidavit filed by the Maine Board of Overseers of the Bar.
“The Court concludes that the evidence supports the existence of exigent circumstances and that Zirschky appears to be a disabled attorney, currently posing an imminent threat to clients, the public and the administration of justice,” the order states.
Zirschky, who is outside the state, was ordered to vacate his law office (including any home office), immediately cease practicing law, and immediately cease operations of any and all of his websites, Facebook/social media accounts, and any other form of advertising of his legal services during the period of suspension.
Attorney Julian Richter was appointed as the receiver of Zirschky’s law practice, Midcoast Law LLC.
Zirschky is prohibited from removing any funds, files, data, checkbooks, financial records/bank information, client property, computer hardware /software, or any client-related or law-office-related items. With advance notice/request to the Receivers, Zirschky may return to the law office, accompanied by the receiver or his agent to retrieve his personal belongings. Further, Zirschky was ordered to cooperate with the receiver in the managing or the winding down of his practice, including providing passwords, while not himself attempting to access his electronic files, emails, or other forms of communication during the suspension period.
If the receiver “notifies Bar counsel that Zirschky presents as competent, healthy, and able to return to the practice of law, Zirschky shall cooperate with Bar Counsel, Maine Assistance Program, and the Receiver to assess his functioning. If the parties agree that Zirschky’s disability has abated and he is able to return to practice, either party (Zirschky or Bar Counsel) may file an appropriate motion. If the parties disagree, either may request a hearing on the matter. Finally, Zirschky is prohibited from serving as a fiduciary, and he is ordered to immediately relinquish any position as a designated fiduciary and take steps to receive any discharge from the courts or entities that have recorded such fiduciary services.”
Zirschky was admitted to the Maine Bar in 2015.
He often had been the attorney for the day when defendants make their initial appearances and have not made bail.
In the past several weeks, defendants have appeared in court and noted they had been unable to reach Zirschsky.
This story appears through a media partnership with Midcoast Villager.
