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Bar News - May 9, 2008

NH Supreme Court Order

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

If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

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