Bar News - January 21, 2005
NH Supreme Court Professional Conduct Committee Censure Notice
Hawthorne, Stanley M. advs. Daniel A. Bishop #00-N-145
Public Censure
The New Hampshire Supreme Court Professional Conduct Committee investigated the matter of Hawthorne, Stanley M. advs. Daniel A. Bishop #00-N-145 and issued a Public Censure on November 18, 2004.
Daniel A. Bishop hired Stanley M. Hawthorne, Esquire, to respond to a time-sensitive summons from the federal government with respect to outstanding student loan obligations. The federal government filed a complaint in the United States District Court for the District of New Hampshire against Mr. Bishop in an effort to collect arrearages on Mr. Bishop's federally guaranteed student loans. See United States of America v. Daniel A. Bishop (Docket # C-00-278-B). The Committee determined that the record supports factual findings by clear and convincing evidence that:
- Mr. Hawthorne's legal advice with respect to the dischargeability of Mr. Bishop's student loans was not competent;
- Mr. Hawthorne did not keep his client reasonably informed or respond to reasonable requests for information;
- Mr. Hawthorne did not adequately explain the legal and practical aspects of the case to Mr. Bishop;
- Mr. Hawthorne did not file a withdrawal in the student loan case in federal court; and
- Mr. Hawthorne did not return Mr. Bishop's file upon request.
The Committee found by clear and convincing evidence that Stanley M. Hawthorne violated the following Rules of Professional Conduct: 1.1(a), 1.4(a), 1.4(b), 1.16(a)(3), 1.16(d), and 8.4(a).
The matter is public record, and available for inspection at the New Hampshire Supreme Court Attorney Discipline Office, 4 Park Street, Suite 304, Concord, New Hampshire 03301.
Date: December 23, 2004 By: Holly B. Fazzino Administrative Coordinator
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