Bar News - August 11, 2006
NH Supreme Court Orders
ADM-2006-0036
In the Matter of Jonathan A. Chorlian
On March 7, 2006, this court issued an order, in accordance with Rule 53.7(A)(3), requiring Jonathan A. Chorlian to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2005, and to pay late fees, or be suspended from the practice of law in New Hampshire.
Although Jonathan A. Chorlian filed a response to the order explaining that he is no longer actively practicing law, he has not filed a request to waive the requirements or brought himself into compliance with Supreme Court Rule 53.7(A)(3).
Accordingly, Jonathan A. Chorlian is hereby suspended from the practice of law in New Hampshire.
Broderick, C.J., and Dalianis, Duggan, Galway and Hicks, JJ., concurred.
ISSUED: July 17, 2006
ATTEST: Eileen Fox, Clerk
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LD-2006-0002
In the Matter of David A. Young
After reviewing the petition for disbarment filed by the Professional Conduct Committee, the factual findings of the hearing panel, and the memoranda of the parties, the court finds that Mr. Young’s immediate suspension is necessary to protect the public and to preserve the integrity of the legal profession. See Rule 37(16)(f). Accordingly, it is hereby ordered that:
(1) In accordance with Rule 37(16)(d), David A. Young is immediately suspended from the practice of law in New Hampshire pending disposition of the petition for disbarment and further order of this court; and
(2) Copies of this order shall be served on Mr. Young and his counsel by first class mail.
Broderick, C.J., and Duggan and Galway, JJ., concurred.
DATE: July 21, 2006
ATTEST: Eileen Fox, Clerk
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LD-2006-0006
In the Matter of Robert R. Bennett
The Attorney Discipline Office filed a petition on July 20, 2006, for the immediate interim suspension from the practice of law of Robert R. Bennett, of Pittsfield, New Hampshire. The Hearings Committee of the Attorney Discipline System found by clear and convincing evidence that Mr. Bennett violated New Hampshire Rules of Professional Conduct 8.1(b) and 8.4 by engaging in a pattern of deceit involving financial impropriety in his dealings with the New Hampshire Judicial Council and making false representations to both the Judicial Council and the Attorney Discipline Office. The court finds that, considering the nature of the alleged misconduct, immediate interim suspension is necessary both for the preservation of the integrity of the legal profession and for the protection of the public. See Sup. Ct. R. 37(16)(d). Accordingly, it is hereby ordered that:
(1) Mr. Bennett is immediately suspended from the practice of law in this State until further order of this court;
(2) Copies of the petition and this order shall be served on Mr. Bennett by certified mail, return receipt requested, restricted delivery;
(3) Mr. Bennett is enjoined from transferring, assigning, hypothecating, or in any manner disposing or conveying any assets of clients, whether real, personal, beneficial or mixed; and
(4) Mr. Bennett may show cause on or before ten days from the date of service why the suspension and injunction should be lifted and why he should not be assessed all expenses that may be incurred in the investigation and prosecution of this matter.
Furthermore, pursuant to Supreme Court Rule 37(17), Attorney Thomas G. Cooper of Concord is appointed to take possession of the client files and trust and other fiduciary accounts of Mr. Bennett, to make an inventory of such files and accounts, and to take such action as is necessary to protect the interests of Mr. Bennett’s clients. Attorney Cooper shall take possession of Mr. Bennett’s client files and accounts as soon as possible, and shall take the following actions:
(1) review the client files, if any, that Mr. Bennett maintained, and take
such actions as he deems necessary to protect the interests of the clients;
(2) notify the clients by certified mail, return receipt requested, of Mr. Bennett’s 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
(3) make an inventory of the client files and trust and other fiduciary accounts of Mr. Bennett, and file a copy of the inventory with the court on or before August 31, 2006, together with a report of his actions taken under this order and a recommendation as to what further actions should be taken to protect the interests of Mr. Bennett’s clients.
The Committee on Professional Conduct shall pay the fees of Attorney Cooper in the first instance, to be reimbursed by Mr. Bennett unless otherwise ordered by the court.
Broderick, C.J., and Dalianis, Duggan, Galway and Hicks, JJ., concurred.
DATE: July 21, 2006
ATTEST: Carol Belmain, Deputy Clerk
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