AUGUSTA — An attorney whose license to practice law in Maine has been suspended has denied allegations made in a civil complaint by the second of two women who say he sexually assaulted them.
Clarence H. Spurling
Clarence H. “Skip” Spurling, in a filing in Superior Court in Augusta earlier this month, denied the nine allegations brought by one of two women whose complaints resulted in his suspension from practicing law last September.
Spurling, who lives in Pittston, practiced law from his office in Gardiner.
At the same time, a superior court justice has granted requests by the women in both cases to attach or essentially freeze $250,000 in Spurling’s assets as these civil cases proceed.
The woman’s claims include sexual assault, legal malpractice and intentional and negligent infliction of emotional distress, stemming from her interactions with him while he served as her attorney. Her complaint alleges he repeatedly touched her in a sexual way, made inappropriate sexual jokes to her on several occasions, flirted with her and made sexually suggestive comments to her, suggesting to her that she should dress provocatively when she came to see him.
In his response, Spurling said the woman acted voluntarily, knowingly and intentionally and that she consented to his conduct. He said her claims are a result of her own conduct and preexisting condition. And while he acknowledged he touched her inappropriately he disagreed about the nature of that touching.
As for her claims of negligence, he said her negligence was equal to or greater than his alleged negligence.
Spurling also said no attorney-client relationship existed between them during the time the behavior that prompted her claim took place.
Because this woman and another, who filed a civil claim in October against Spurling, are alleging sexual assault and have not consented to speaking on the record, the Kennebec Journal is not naming them.
Both women have sought writs of attachment against assets owned by Spurling doing business as Spurling Law Offices. In each case, Justice Harold Stewart II has granted the order and issued a writ of attachment and order of attachment on trustee process against the law practice for $250,000.
In his order on the request of the second woman, Stewart noted that Westport Insurance Co., which Spurling had identified as his liability insurance carrier, had denied coverage on the first claim and had not responded to a request for coverage on the second claim.
“As a final note, the court sees no reason to delay the attachment on the basis of Spurling’s pending insurance claim. The policy is for malpractice and the conduct alleged here is potentially far more serious,” Stewart wrote. “Spurling has also not demonstrated any likelihood that his insurance claim will be accepted, just a ‘possibility’ that it will. If that possibility becomes reality, the issue can be revised then.”
In the decision on the earlier claim, in which a woman detailed 11 allegations against Spurling — which he has also denied — Stewart noted the conduct described in those allegations was the subject of disciplinary action before the state’s Supreme Judicial Court. He also noted that while Spurling had admitted kissing the woman in his disciplinary hearing, he omitted that from the affidavit he filed in the civil claim.
In a separate action, Spurling had filed a complaint for declaratory judgment against Westport Insurance in state Superior Court seeking a judgment on its obligations under his insurance policy to defend and indemnify him against the claims against him.
That matter has since been removed from state Superior Court to the federal District Court in Portland. .
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