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Bar News - April 4, 2008


NH Supreme Court Orders

ADM-2007-0141

In the Matter of Oscar Colvin, Jr.

The court on March 10, 2008, issued the following order:

On February 8, 2008, Oscar Colvin, Jr., was suspended from the practice of law for failing to file his 2007 annual trust accounting certificate and for failing to pay late fees of $300 assessed pursuant to Rule 50-A(2). Attorney Colvin has now filed his 2007 annual trust accounting certificate. He has filed a motion for reinstatement in which he requests that the late fees assessed be waived. Attorney Colvinís motion for reinstatement and for waiver of the late fees is granted. He is reinstated to the practice of law effective immediately.

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

Eileen Fox, Clerk


ADM-2007-0153

In the Matter of Steven N. Fuller, Esq.

The court on March 10, 2008, issued the following order:

On February 8, 2008, Steven N. Fuller was suspended from the practice of law for failing to file his 2007 annual trust accounting certificate and for failing to pay late fees of $300 assessed pursuant to Rule 50-A(2). Attorney Fuller has now filed his 2007 annual trust accounting certificate and paid the late fees assessed. He has filed a motion seeking reinstatement. Attorney Fullerís motion for reinstatement is granted. He is reinstated to the practice of law effective immediately.

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

Eileen Fox, Clerk


ADM-2007-0160

In the Matter of Jennifer R. Jones

The court on March 10, 2008, issued the following order:

On February 8, 2008, Jennifer R. Jones was suspended from the practice of law for failing to file her 2007 annual trust accounting certificate and for failing to pay late fees of $300 assessed pursuant to Rule 50-A(2). Attorney Jones has now filed her 2007 annual trust accounting certificate. She has filed a motion for reinstatement in which she requests that the late fees assessed be waived. Attorney Jonesí motion for reinstatement and for waiver of the late fees is granted. She is reinstated to the practice of law effective immediately.

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

Eileen Fox, Clerk


LD-2001-0007

In the Matter of
William C. Sheridanís Case

The court on December 18, 2007, issued the following order:

On December 6, 2002, Attorney William C. Sheridan was suspended from the practice of law for a one year period for violations of several rules of professional conduct. In July 2004, Attorney Sheridan filed a motion for reinstatement. In accordance with Rule 37(14), the motion was referred to the Professional Conduct Committee (PCC). In December 2005, the PCC filed a report with the court recommending that the motion for reinstatement be denied. Both the PCC, through disciplinary counsel, and Attorney Sheridan filed briefs. Thereafter, Attorney Sheridan filed additional pleadings addressing the concerns identified by the PCC in its recommendation and brief. After reviewing the partiesí briefs and other pleadings, the court remanded the case to the PCC for further proceedings.

On May 4, 2007, the PCC filed a revised recommendation on Attorney Sheridanís motion for reinstatement. It found that Attorney Sheridan had taken the necessary steps to rehabilitate himself, and recommended that his motion for reinstatement be granted conditionally. Noting that Attorney Sheridan was not in private practice, the PCC recommended that Attorney Sheridan be required to enter into a mentoring agreement for a period of two years if he decided to return to private practice.

After the PCC filed its revised recommendation, a briefing order was issued, providing Attorney Sheridan and disciplinary counsel with the opportunity to set forth their positions on the revised recommendation. In his brief, Attorney Sheridan agreed to the conditions proposed by the PCC. The PCC, through disciplinary counsel, elected not to file a brief.

Oral argument took place before the court on November 8, 2007. On November 14, 2007, the parties filed a mentoring agreement in which Attorney Sheridan agreed to monitoring by the Attorney Discipline Office (ADO) for a period of two years. The agreement provided for the appointment of a mentor to assist the ADO in monitoring Attorney Sheridan, and for the filing of regular reports by Attorney Sheridan and the mentor. The agreement includes provisions addressing the termination of the conditional nature of Attorney Sheridanís reinstatement upon successful completion of the monitoring period, and the consequences of a breach of the agreement.

The partiesí mentoring agreement is hereby approved. Attorney Sheridan is reinstated to the practice of law conditioned upon his compliance with the terms of the mentoring agreement. In accordance with the terms of the mentoring agreement, upon successful completion of the monitoring period, Attorney Sheridan may file an application with the court for an order terminating the monitoring period and making his reinstatement unconditional.

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

Eileen Fox, Clerk


LD-2008-0002
In the Matter of Thomas J. Tessier

On March 17, 2008, the Attorney Discipline Office (ADO) filed a petition for immediate suspension of Attorney Thomas J. Tessier from the practice of law and for other relief. In the petition, the ADO requested, inter alia, that Attorney Tessier immediately be suspended from the practice of law in New Hampshire on an interim basis pending the outcome of an investigation by the ADO of a referral made by another law firm on behalf of a former client of Attorney Tessierís.

On March 17, 2008, the court issued an order requiring that the petition be served upon Attorney Tessier and requiring that he show cause by 9:00 a.m. on Wednesday, March 19, 2008, why he should not be immediately suspended. The order advised Attorney Tessier that if he failed to file a response, the requested relief could be granted without further hearing.

Attorney Tessier failed to file a response to the courtís order. Based on the allegations in the petition and the documentation supporting it, the court concludes that an immediate suspension of Attorney Tessier is necessary for the protection of the public and the preservation of the integrity of the legal profession. See Rule 37(16)(f). Accordingly, it is hereby ordered that:

(1) In accordance with Rule 37(16)(f), Thomas J. Tessier is immediately suspended from the practice of law in New Hampshire pending investigation of the referral by the ADO and further order of this court;

(2) The courtís order of March 17, 2008, enjoining Attorney Tessier from transferring, assigning, hypothecating, or in any manner disposing or conveying any assets of clients, whether real, personal, beneficial or mixed, remains in effect; and

(3) Craig A. Calaman, CPA, who has been appointed to conduct an audit of the trust/escrow accounts and operating account of Christy and Tessier, P.A., is ordered to commence the audit of the accounts of Christy and Tessier, P.A., immediately.

A further order will be issued appointing counsel to take possession of the client files and trust and other fiduciary accounts of Christy and Tessier, P.A., to make an inventory of such files and accounts, and to take such action as is necessary to protect the interests of Christy and Tessier, P.A.ís clients.

Copies of this order shall be served upon Attorney Tessier in hand or at his abode and sent to him by first class mail.

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

DATE: March 19, 2008

ATTEST: Eileen Fox, Clerk


LD-2007-0011
In the Matter of
Christopher M. Tremblay

On December 5, 2007, the Professional Conduct Committee (PCC) filed a petition for a one-year suspension of the respondent, Attorney Christopher M. Tremblay. The court issued an order requiring that the petition be sent to the respondent by first class and certified mail and further requiring that the respondent file an answer to the petition within 30 days after service. A receipt signed by the respondent indicates that the petition was served on him on December 8, 2007. No answer to the petition has been filed.

Rule 37(16)(c) provides that if a respondent attorney fails to answer a petition filed by the Professional Conduct Committee, the allegations of the petition "shall be deemed to be admitted and no further hearing shall be required." In this case, the petition alleged violations of the following Rules of Professional Conduct:

(1) Rule 1.16(a). This rule requires a lawyer to withdraw from representation of a client if the lawyerís representation would result in violation of any law. The PCC alleged that the respondentís continued representation of a client in a Massachusetts court after his suspension from the practice of law in New Hampshire violated Massachusetts law.

(2) Rule 3.3(a)(3). This rule prohibits a lawyer from making false statements to a tribunal and from failing to disclose controlling legal authority. The PCC alleged that the respondent violated this rule by failing to advise a Massachusetts court in which he had been permitted to appear as out-of-state counsel that, after his initial appearance, he was suspended from the practice of law in New Hampshire.

(3) Rule 5.5(a). This rule prohibits the unauthorized practice of law.

The PCC alleged that the respondent violated this rule when he continued to represent clients in a Massachusetts court after his suspension from the practice of law in New Hampshire.

(4) Rule 8.1(b). This rule prohibits a lawyer from failing to respond to lawful demand for information from a disciplinary authority. The PCC alleged that the respondent violated this rule by failing to respond to the Attorney Discipline Officeís request for a response to a misconduct complaint and by failing to appear at the PCC hearings on the complaint.

(5) Rule 8.4(c). This rule makes it professional misconduct to engage in conduct involving dishonesty, deceit or misrepresentation. The PCC alleged that the respondent violated this rule by failing to advise a Massachusetts court in which he had been permitted to appear as out-of-state counsel that, after his initial appearance, he was suspended from the practice of law in New Hampshire.

(6) Rule 8.4(a). This rule makes it professional misconduct to violate the Rules of Professional Conduct.

In accordance with Rule 37(16)(c), the PCCís allegations are deemed admitted.

On January 28, 2008, the court ordered the respondent to file a brief addressing the issue of the proper sanction for these violations on or before February 27, 2008. The respondent failed to file a brief. Having considered the PCCís petition, the court has decided that a two-year suspension is proper in this case. A suspension of this length is necessary to "protect the public, maintain public confidence in the bar, preserve the integrity of the legal profession, and prevent similar conduct in the future." Coddingtonís Case, 155 N.H. 66, 68 (2007) (quotation omitted).

THEREFORE, the court orders that Christopher M. Tremblay be suspended from the practice of law in New Hampshire for a period of two years. He 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 courtís order. Attorney Tremblay is hereby assessed all expenses incurred by the Professional Conduct Committee in the investigation and prosecution of this matter.

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

DATE: March 21, 2008

ATTEST: Eileen Fox, Clerk


ADM-2008-0013
In the Matter of Miranda L. Butson

On February 6, 2008, this court issued an order requiring Miranda L. Butson to file her 2007 annual trust accounting certificate of compliance and to pay $300 in fees assessed for late filing of the annual trust accounting certificate, or be suspended from the practice of law in New Hampshire.

Ms. Butson has neither responded to the show cause order, nor brought herself into compliance with Supreme Court Rule 50-A(2).

Ms. Butson is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on January 29, 2007, in ADM-2006-0191, In the Matter of Miranda L. Butson, for failure to file her 2006 annual trust accounting certificate of compliance.

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

DATE: March 21, 2008

ATTEST: Eileen Fox, Clerk


ADM-2008-0014
In the Matter of Donald E. Hamill, Jr.

On February 6, 2008, this court issued an order requiring Donald E. Hamill, Jr. to file his 2007 annual trust accounting certificate of compliance and to pay $300 in fees assessed for late filing of the annual trust accounting certificate, or be suspended from the practice of law in New Hampshire.

Mr. Hamill has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 50-A(2).

Mr. Hamill is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on July 17, 2007, in ADM-2007-0021, In the Matter of Donald E. Hamill, Jr., for failure to file his certificate of compliance for the reporting year ending June 30, 2006 with the Continuing Legal Education Board and to pay $450 in delinquency fees.

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

DATE: March 21, 2008

ATTEST: Eileen Fox, Clerk

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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