In its latest annual report, for the year 2003, the Professional Conduct Committee described the extraordinary efforts of its members and its staff to prepare for a new attorney discipline system and at the same time resolve as many existing cases as possible.

The new Attorney Discipline System took effect Jan. 1, 2004 (A continuing legal education program at the 2005 NHBA Midyear Meeting will examine the experiences and lessons learned during the first year of the new process. (See page 16-17) The annual report for 2003 deals with the last year in which cases were processed under the old system. By the year's end, with the help of a number of volunteers added to investigate cases and serve on hearing panels, the Committee ended with 108 cases pending hearings but not yet investigated, with another 34 matters that were to be heard on their merits under the new system. Thus, the report dryly noted, "the new disciplinary counsel had a full case load on her first day on the job."

The report's statistics indicate that disgruntlement with attorneys, particularly by clients, appears to be rising -although the number of cases in which the committee determined there had been misconduct did not increase.

Inquiries & Complaints

In 2003, the PCC staff participated in 2,747 phone calls and 171 in-person meetings - including calls involving ongoing matters. This was a 35 percent increase over the number of calls in 2002. The amount of time spent on the phone may have been therapeutic, however. The report notes that the ratio of calls initiated to actual complaints filed is about 10 to 1, "leading to speculation that when potential complainants feel that their concerns have been heard, they might feel less compelled to actually file a grievance." The number of complaints docketed fell from 131 (in 2002) to 108 (72 filed by clients) against 93 different attorneys.

Family law cases accounted for 30 percent of all complaints docketed, followed by criminal law, accounting for 21.3 percent and then probate/estate planning and real estate, each tied at 11 percent each.

Attorneys in practice 6-15 years were the target of the largest number of docketed complaints (37), but proportionately, older attorneys were even more likely to be the target of complaints. For example, attorneys with more than 30 years in practice - a relatively small group, were the target of 9 complaints, the same number as attorneys in their first five years of practice.

Misconduct Findings Compared

Misconduct findings were made in 26 different matters; one was the subject of three findings of misconduct in three separate matters. In the previous two years, only 15 findings were made in each year.

Those findings led the Committee to file 16 reprimands, and to petition the Supreme Court for one disbarment, one two-year suspension, two petitions (same attorney) for a one-year suspension and three six-month suspensions. It is noteworthy that under the discipline system beginning January 1, 2004, the Committee will be authorized to issue Public Censures and suspensions of up to six months without the necessity of filing a Petition with the Supreme Court.

The first year of the new Attorney Discipline System will be discussed at an NHBA CLE Midyear Meeting program on Feb. 18, 2005. See page 18 for details. The text of the PCC report for 2003 is available at www.courts.state.nh.us under "Attorney Discipline."

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