Bar News - January 18, 2008
NH Supreme Court Professional Conduct Committee
PUBLIC CENSURE SUMMARY
Salomon, Craig N. advs. David West # 05-104
The New Hampshire Supreme Court Professional Conduct Committee deliberated the above-captioned matter, and issued a Public Censure as stipulated to by the parties, on November 20, 2007.
David West retained Arthur C. Randlett to represent him on a claim for damages relating to a chronic paint problem on his recently-purchased house in the fall of 1999. Mr. West discovered Mr. Randlett through the local Yellow Pages advertisement consisting of a photo of three attorneys together with the caption “Salomon, Randlett & Bernard, Attorneys at Law.” Nothing in the advertisement disclosed that they were simply sharing office space. Mr. Randlett’s letterhead and office signage also read “Salomon, Randlett & Bernard, Attorneys at Law.”
In or about May, 2000, Mr. West and Mr. Randlett parted ways, and Mr. West brought suit against Messer’s Randlett and Salomon and Ms. Bernard, for legal malpractice which was later dismissed and affirmed by the New Hampshire Supreme Court. During that lawsuit, Mr. West learned that there was no legal partnership, but rather a sharing of office space and expenses.
The Committee found that the Stipulation of Facts and Rule Violations constituted clear and convincing evidence that Mr. Salomon knowingly implied that he was in a law firm partnership or firm in the following ways:
- By placing a business advertisement in the Yellow Pages of “Salomon, Randlett & Bernard, Attorneys at Law” alongside a photo of the three attorneys;
- By Mr. Salomon’s use of the same name on his business letterhead, and
- Use of a shared secretary who identified Mr. Salomon’s business to the public as the same name.
The Committee found that Craig N. Salomon violated the following Rules of Professional Conduct by clear and convincing evidence: Rule 7.5(d) (Implying a Partnership/ Law Firm) and Rule 8.4(a) (Misconduct), as stipulated to by the parties.
Mr. Salomon was issued a Public Censure, and assessed all costs associated with the investigation and prosecution of this matter, as stipulated. The matter is public record, and available for inspection at the New Hampshire Supreme Court Attorney Discipline Office, 4 Chenell Drive, Suite 102, Concord, New Hampshire 03301.
January 2, 2008