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Bar News - October 7, 2005


NH Supreme Court Order--ADM-2005-0041

 

ADM-2005-0041

In the Matter of Jo-Ellen Wells

 

 

On March 24, 2005, the court issued an order authorizing the Attorney Discipline Office to audit the trust accounts and operating accounts of the respondent, Jo-Ellen Wells. Craig A. Calaman, C.P.A., was appointed by the court to perform the audit. The respondent was ordered to produce records relating to her trust accounts and operating accounts for review by Mr. Calaman. On August 29, 2005, the Attorney Discipline Office filed a motion for issuance of a show cause order to the respondent. In the motion, counsel for the Attorney Discipline Office stated that the respondent had not cooperated with the audit. The court issued an order requiring the respondent to show cause by September 15, 2005, why she should not be suspended immediately for failure to comply with the audit ordered by the court. No response was filed by the respondent.

 

THEREFORE, effective immediately, Jo-Ellen Wells is suspended from the practice of law in New Hampshire until further order of the court. In accordance with Supreme Court Rule 37(17), the court also orders as follows:

 

1. Attorney Paula J. Green, of Manchester, is appointed to take possession of Attorney Wells’ client files and trust accounts, to make an inventory of such files and trust accounts, and to take such action as is necessary to protect the interests of Attorney Wells’ clients. Attorney Green shall take possession of Attorney Wells’ client files and trust accounts as soon and possible, and shall take the following actions:

 

a. review Attorney Wells’ client files and trust accounts and take such actions as she deems necessary to protect the interests of the clients of Attorney Wells;

 

b. notify the clients by certified mail, return receipt requested, of Attorney Wells’ suspension, informing them of any action which appears to be required in the immediate future in order to preserve their legal rights and advising them that they should obtain the services of other lawyers of their choice; and

 

c. make an inventory of Attorney Wells’ client files and trust accounts and file a copy of the inventory with the supreme court on or before November 22, 2005, together with a report of her actions taken under this order and a recommendation as to what further actions should be taken to protect the interests of Attorney Wells’ clients.

 

2. The fees of Attorney Green shall be paid in the first instance by the Committee on Professional Conduct, to be reimbursed by Attorney Wells.

 

This order shall be public.

 

Broderick, C.J., and Dalianis, Duggan and Galway, JJ., concurred.

 

DATE: September 23, 2005

ATTEST: Eileen Fox, Clerk

 

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