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Bar News - January 15, 2010


NH Supreme Court Orders

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51(A)(7), the Supreme Court of New Hampshire adopts the following amendments to court rules.

Mediation and Fee Rules

(These rules implement new legislation that takes effect on January 1, 2010. See Laws 2009, chapters 79, 253.)
1. Amend District Court Rule 3.3, regarding court fees, on a temporary basis, as set forth in Appendix A.

2. Adopt new District Court Rule 3.28, regarding district court civil writ mediation, on a temporary basis, as set forth in Appendix B.

3. Amend District Court Rule 4.29, regarding district court small claims mediation, on a temporary basis, as set forth in Appendix C.

4. Amend Probate Court Rule 169, regarding court fees, on a temporary basis, as set forth in Appendix D.
Effective Date

These amendments shall take effect January 1, 2010. They shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

Date: December 10, 2009
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire



Pursuant to Supreme Court Rule 37(4), the Supreme Court reappoints the following persons to the Hearings Committee of the Attorney Discipline System, to serve three-year terms commencing on January 1, 2010 and expiring on December 31, 2012.

Kenneth M. Brown, of Nashua;
Christopher Cole, of Manchester;
W. Wright Danenbarger, of Manchester;
Elaine Holden, of Peterborough;
John C. Madden, of Hopkinton;
Vahrij Manoukian, of Hollis;
Kimberly Mark, of Concord;
Richard D. Sager, of Wakefield; and
George H. Thompson, Jr., of Nashua
Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
December 11, 2009
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire



LD-2009-0011
In the Matter of Charles L. Lonardo

On December 8, 2009, the Attorney Discipline Office filed a certified copy of the October 16, 2009 order of the Massachusetts Supreme Judicial Court for Suffolk County disbarring Attorney Charles L. Lonardo from the practice of law in Massachusetts. It also filed copies of documents which show that Attorney Lonardo was convicted in superior court in Massachusetts of conspiracy to commit automotive insurance fraud, and that his conviction was affirmed by the Massachusetts Appeals Court.

The crime of conspiracy to commit automotive insurance fraud appears to constitute a "serious crime" as defined by Supreme Court Rule 37(9)(b). Based on the information submitted by the Attorney Discipline Office, the court finds that Attorney Lonardo’s immediate suspension from the practice of law in New Hampshire 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:
1. Charles L. Lonardo is immediately suspended from the practice of law in New Hampshire pending further order of this court. Attorney Lonardo may show cause on or before ten days from the date of service why the suspension should be lifted and why the other relief requested in the petition should not be granted.

2. Rule 37(12)(d) authorizes the court to impose final discipline identical or similar to the discipline imposed by another jurisdiction unless the disciplined attorney or the Professional Conduct Committee demonstrates, or the court finds, based upon one of the grounds as set forth in Rule 37(12)(d), that imposition of identical or substantially similar discipline would be unwarranted. Within 30 days of service of this order, Attorney Lonardo and the Professional Conduct Committee shall inform the court if they contend that the imposition of discipline identical or substantially similar to that imposed by the Massachusetts Supreme Judicial Court for Suffolk County would be unwarranted, and if they so contend, of the reasons for their contention.

3. A copy of this order and of the Attorney Discipline Office’s filing shall be served on Attorney Lonardo by first class mail and certified mail, return receipt requested. A copy of this order shall also be sent to the Professional Conduct Committee by first class mail.
Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: December 11, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire



LD-2009-0012
In the Matter of Jeanne M. Vanim-Botting

On December 8, 2009, the Professional Conduct Committee (PCC) filed an assented-to petition for three-year suspension from the practice of law of Attorney Jeanne M. Vanim-Botting. Rule 37(16)(f) authorizes the court to suspend an attorney from the practice of law if it deems suspension necessary for the protection of the public and the preservation of the integrity of the legal profession. Based on the allegations of the PCC’s petition, the court finds that Attorney Vanim-Botting’s immediate suspension from the practice of law 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:

1. Jeanne M. Vanim-Botting is immediately suspended from the practice of law in New Hampshire until further order of this court.

Attorney Vanim-Botting may show cause on or before ten days from the date of service why the suspension should be lifted.

2. Copies of this order and of the assented-to petition for three-year suspension from the practice of law shall be served on Attorney Vanim-Botting by first class mail and certified mail, return receipt requested.

3. Attorney Vanim-Botting shall file an answer to the PCC’s petition within 30 days after service of the petition. See Rule 37(16)(a) and (c). The allegations of the assented-to petition for three-year suspension from the practice of law shall be deemed admitted and no further hearing shall be required if Attorney Vanim-Botting fails to file an answer to the petition.
Pursuant to Supreme Court Rule 37(17), Attorney Alethea L. Froburg is appointed to take immediate possession of the client files and trust and other fiduciary accounts of Attorney Vanim-Botting, to make an inventory of such files and accounts, and to take such action as is necessary to protect the interests of Attorney Vanim-Botting’s clients. Attorney Froburg is ordered to take the following actions:
a. notify all employees of Attorney Vanim-Botting of her appointment by the court and of Attorney Vanim-Botting’s suspension from the practice of law;

b. notify all banks and other entities where any trust or fiduciary accounts and operating accounts of Attorney Vanim-Botting are held of Attorney Vanim-Botting’s suspension and of her appointment;

c. review any client files that Attorney Vanim-Botting maintained, and take such actions as she deems necessary to protect the interests of the clients;

d. notify Attorney Vanim-Botting’s clients by certified mail, return receipt requested, of her 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

e. make an inventory of Attorney Vanim-Botting’s client files and trust and other fiduciary accounts, and file a copy of the inventory with the court on or before February 12, 2010, together with a report of her actions taken under this order and a recommendation as to what further actions should be taken to protect the interests of Attorney Vanim-Botting’s clients.
The Committee on Professional Conduct shall pay the fees of Attorney Froburg, in the first instance, to be reimbursed by Attorney Vanim-Botting unless otherwise ordered by the court.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: December 14, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire



LD-2009-0005
In the Matter of Albert L. Speziali

The Attorney Discipline Office (ADO) recommended to the court that Attorney Albert L. Speziali be suspended from the practice of law for reason of incapacity pursuant to Rule 37(10)(b). An order was issued advising Attorney Speziali and his counsel of the ADO’s recommendation and providing Attorney Speziali with an opportunity to respond to the recommendation. No response has been filed.

Based on the information provided by the ADO, it appears that Attorney Speziali is incapacitated from continuing the practice of law. Therefore, in accordance with Rule 37(10)(b), Attorney Albert L. Speziali is suspended from the practice of law in New Hampshire on the grounds of incapacity for an indefinite period and pending further order of the court.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: December 14, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire



ADM-2009-0185
In the Matter of Astrid M. Stevens Daly, Esq.


Astrid M. Stevens Daly has neither responded to the order, nor brought herself into compliance with Supreme Court Rule 50-A(2).

Astrid M. Stevens Daly is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on June 2, 2009, In ADM-2009-035, In the Matter of Astrid M. Stevens Daly for failure to file her certificate of compliance with the Continuing Legal Education Board and pay $450 in late and delinquency fees.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: December 11, 2009
ATTEST: Eileen Fox, Clerk



ADM-2009-0177
In the Matter of Thomas E. Drottar

On November 4, 2009, this court issued an order, in accordance with Rule 50-A(2), for Thomas E. Drottar to file his 2009 trust accounting certificate and pay the fee of $300 for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Thomas E. Drottar has neither responded to the order, nor brought himself into compliance with Supreme Court Rule 50-A(2).

Thomas E. Drottar is hereby suspended from the practice of law in New Hampshire. The court hereby requires that respondent’s trust accounts and other financial records be audited at respondent’s expense.

Attorney Drottar is ordered to notify all of his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Monday, January 11, 2010, that he has completed this task. On or before Monday, January 4, 2010, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Drottar’s files and to take action to protect the interests of his clients.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: December 11, 2009
ATTEST: Eileen Fox, Clerk



ADM-2009-0178
In the Matter of Glen F. Fries

On November 4, 2009, this court issued an order, in accordance with Rule 50-A(2), for Glen F. Fries to file his 2009 trust accounting certificate and pay the fee of $300 for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Glen F. Fries has neither responded to the order, nor brought himself into compliance with Supreme Court Rule 50-A(2).

Glen F. Fries is hereby suspended from the practice of law in New Hampshire. The court hereby requires that respondent’s trust accounts and other financial records be audited at respondent’s expense.

Attorney Fries is ordered to notify all of his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Monday, January 11, 2010, that he has completed this task. On or before Monday, January 4, 2010, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Fries’ files and to take action to protect the interests of his clients.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: December 11, 2009
ATTEST: Eileen Fox, Clerk



In accordance with RSA 547:38, Probate Court Judge James R. Patten was certified as eligible to sit in the district court. Chief Justice Broderick assigns Judge Patten to hear cases in the district court, as directed by District Court Administrative Judge Edwin W. Kelly, until June 30, 2011.

DATE: December 17, 2009
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire



Pursuant to RSA 71-B:2, the Supreme Court of New Hampshire hereby reappoints Albert F. Shamash to the Board of Tax and Land Appeals for a five-year term beginning January 1, 2010, and ending December 31, 2014.

December 17, 2009
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

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