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Bar News - May 20, 2005


NH Supreme Court Orders

ADM-2005-0029
In the Matter of William S. Powell

On March 21, 2005, this court issued an order, in accordance with Rule 53.7(A)(3), requiring William S. Powell to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2004, and to pay late fees, or be suspended from the practice of law in New Hampshire.

William S. Powell has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(3).

William S. Powell is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Mr. Powell's trust accounts and other financial records be audited at his expense.

This suspension is in addition to the suspension imposed on January 19, 2005, in ADM-2004-0169, for failure to file his annual trust accounting certificate and pay $300 in late fees.

Mr. Powell is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Monday, May 23, 2005 that he has completed this task. On or before Tuesday, May 10, 2005, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Mr. Powell's files and to take action to protect the interests of his clients.

Broderick, C.J., and Nadeau, Dalianis, Duggan, and Galway, JJ., concurred.
ISSUED: April 25, 2005
ATTEST: Eileen Fox, Clerk


ADM-2005-0027
In the Matter of Richard P. Marsh

On March 21, 2005, this court issued an order, in accordance with Rule 53.7(A)(3), requiring Richard P. Marsh to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2004, and to pay late fees, or be suspended from the practice of law in New Hampshire.

Richard P. Marsh has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(3).

Richard P. Marsh is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Mr. Marsh's trust accounts and other financial records be audited at his expense.

Mr. Marsh is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Monday, May 23, 2005 that he has completed this task. On or before Tuesday, May 10, 2005, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Mr. Marsh's files and to take action to protect the interests of his clients.

Broderick, C.J., and Nadeau, Dalianis, Duggan, and Galway, JJ., concurred.
ISSUED: April 25, 2005
ATTEST: Eileen Fox, Clerk


ADM-2005-0011
In the Matter of Jennifer L. Botelho

On March 7, 2005, this court issued an order, in accordance with Rule 53.7(A)(3), requiring Jennifer L. Botelho to file her certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2004, and to pay late fees, or be suspended from the practice of law in New Hampshire.

Jennifer L. Botelho has neither responded to the show cause order, nor brought herself into compliance with Supreme Court Rule 53.7(A)(3).

Jennifer L. Botelho is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Ms. Botelho's trust accounts and other financial records be audited at her expense.

Ms. Botelho is ordered to notify her clients in writing that she has been suspended from the practice of law in New Hampshire and to notify the court by Monday, May 23, 2005 that she has completed this task. On or before Tuesday, May 10, 2005, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Ms. Botelho's files and to take action to protect the interests of her clients.

Broderick, C.J., and Nadeau, Dalianis, Duggan, and Galway, JJ., concurred.
ISSUED: April 25, 2005
ATTEST: Eileen Fox, Clerk


ADM-2005-0028
In the Matter of Edward J. O'Brien

On March 22, 2005, this court issued an order, in accordance with Rule 53.7(A)(3), requiring Edward J. O'Brien to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2004, and to pay late fees, or be suspended from the practice of law in New Hampshire.

Edward J. O'Brien has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(3).

Edward J. O'Brien is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Mr. O'Brien's trust accounts and other financial records be audited at his expense.

This suspension is in addition to the suspension imposed on January 19, 2005, in ADM-2004-0168, for failure to file his annual trust accounting certificate and pay $300 in late fees.

Broderick, C.J., and Nadeau, Dalianis, Duggan, and Galway, JJ., concurred.
ISSUED: April 25, 2005
ATTEST: Eileen Fox, Clerk


ADM-2005-0035
In the Matter of Kevin J. Carroll

On March 21, 2005, this court issued an order, in accordance with Rule 53.7(A)(3), requiring Kevin J. Carroll to pay a balance of $50 in late and delinquency fees for late filing of his certificate of compliance for the minimum legal education requirements for the reporting year ending June 30, 2004 assessed since August 1, 2004. Pursuant to Rule 53.7(A) (3), the board seeks an order from this court suspending Kevin J. Carroll from the practice of law.

Kevin J. Carroll has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(3).

Kevin J. Carroll is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Mr. Carroll's trust accounts and other financial records be audited at his expense.

Mr. Carroll is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Monday, May 23, 2005 that he has completed this task. On or before Tuesday, May 10, 2005, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Mr. Carroll's files and to take action to protect the interests of his clients.

Broderick, C.J., and Nadeau, Dalianis, Duggan, and Galway, JJ., concurred.
ISSUED: April 25, 2005
ATTEST: Eileen Fox, Clerk


ADM-2005-0013
In the Matter of H. Paul Carroll

On March 7, 2005, the court issued an order requiring H. Paul Carroll to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2004, and to pay the late fees assessed for late filing of his certificate, or be suspended from the practice of law in New Hampshire.

H. Paul Carroll filed a response to the order, along with his certificate of compliance, but he has failed to pay the late fees assessed for late filing of his certificate of compliance.

Because H. Paul Carroll has failed to comply fully with the court's order, he is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Mr. Carroll's trust accounts and other financial records be audited at his expense.

Mr. Carroll is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Friday, June 3, 2005, that he has completed this task. On or before Wednesday, May 18, 2005, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Mr. Carroll's files and to take action to protect the interests of his clients.

Broderick, C.J., and Nadeau, Dalianis, Duggan, and Galway, JJ., concurred.
ISSUED: May 4, 2005
ATTEST: Eileen Fox, Clerk


LD20050003
In the Matter of Donald F. King

On April 1, 2005, the Professional Conduct Committee (PCC) filed a petition for a oneyear suspension of the respondent, Donald F. King. The petition was sent to Attorney King by certified mail and he was ordered to file an answer to the petition within 30 days of service. On April 21, 2005, Attorney King filed an assentedto motion to adopt the sanction recommended by the PCC and agreed to the oneyear suspension requested by the PCC.

The PCC petition alleged that Attorney King violated the following Rules of Professional Conduct:

  1. Rule 1.3, which requires a lawyer to act with reasonable promptness and diligence in representing a client, by failing to file appropriate paperwork in probate court related to an estate and by failing to effectuate the transfer of property from the decedent's estate to the client, who was the surviving spouse and sole beneficiary of the estate;

  2. Rule 1.4, which requires a lawyer to keep a client reasonably informed regarding the status of a matter, by failing to explain to the client the status of the transfer of property from the decedent's estate;

  3. Rule 1.16(d), which requires a lawyer, upon the termination of representation, to surrender papers and property to which the client is entitled, by failing to return certain client documents for more than three months after receiving a request from the client, and failing to return other documents entirely;

  4. Rule 8.4(a), which makes it professional misconduct to violate the Rules of Professional Conduct.

In his motion to adopt the sanctions recommended by the Professional Conduct Committee, Attorney King states that he does not contest the factual allegations made in the petition.

Having reviewed the petition and Attorney King's motion, the court concludes that further proceedings are unnecessary to resolve this matter. It concludes that the violations found by the committee justify a oneyear suspension.

THEREFORE, Donald F. King is hereby suspended from the practice of law in New Hampshire for a period of one year. Any motion for reinstatement will be governed by Rule 37(14). Attorney King is ordered to notify the attorney discipline authority of any other jurisdictions in which he is licensed to practice law of the issuance of the court's order.

Donald F. King is hereby assessed all expenses incurred by the Professional Conduct Committee in the investigation and prosecution of this matter.

Broderick, C.J., and Nadeau, Dalianis, Duggan and Galway, JJ., concurred.
DATE: May 6, 2005
ATTEST: Eileen Fox, Clerk

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