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Bar News - October 17, 2008

NH Supreme Court Professional Conduct Committee

Chisholm, Kevin P. advs.
Lori Thibault #07-032


The New Hampshire Supreme Court Professional Conduct Committee deliberated the matter of Chisholm, Kevin P. advs. Lori Thibault #07-032, and issued a Public Censure on August 25, 2008.

Mr. Chisholm was retained by Lori Thibault in or about September 2006, to represent her in a grandparent’s rights matter. Mr. Chisholm filed a Petition to bring forward and modify for grandparent’s rights on or about September 20, 2006. On September 22, 2006, the clerk’s office returned the petition to Mr. Chisholm and informed Mr. Chisholm he needed to correct the caption and re-file the pleading as a "petition to intervene" for grandparent’s rights. Mr. Chisholm did not inform Ms. Thibault that the pleading needed to be re-filed, nor did he re-file the pleading. Ms. Thibault telephoned Mr. Chisholm for a status update. Mr. Chisholm did not return Ms. Thibault’s call. Ms. Thibault telephoned Mr. Chisholm in or about March, 2007. Mr. Chisholm informed Ms. Thibault that he would write a letter to the Court and ask the Court to move things along. Ms. Thibault telephoned Mr. Chisholm’s office at least once per week, left numerous voicemail messages, and visited his office. Mr. Chisholm did not respond to Ms. Thibault’s numerous inquiries.

The Committee determined that the record supports the following findings, by clear and convincing evidence, and accepts the Stipulation as to the facts that:

· Mr. Chisholm breached his duty owed to his client by failing to file appropriate pleadings and pursue litigation to establish his client’s grandparent visitation rights.

· Mr. Chisholm breached his duty by failing accurately to inform his client of the procedural status of her petition, when it was rejected by the Clerk of Court.

· Mr. Chisholm further breached his duty by neglecting to respond to his client’s numerous inquiries in May and June, 2007.

· Mr. Chisholm’s negligence caused his client to suffer real harm by losing valuable custodial time with her granddaughter.

The Committee found that the record supports a finding of violations of N.H. Prof. Conduct 1.3(a); 1.4; and 8.4(a), by clear and convincing evidence, as stipulated.

Mr. Chisholm was issued a Public Censure with Mandatory Diversion, and assessed all costs associated with the investigation and prosecution of this matter.

This 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.

October 6, 2008

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