New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Publications
Newsroom
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch
NHMCLE

A confidential, independent resource for NH lawyers, judges and law students.

NH Bar's Litigation Guidelines
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
MyNHBar
Member Login
Member Portal
Casemaker

Bar News - May 13, 2011


Supreme Court Orders

In accordance with RSA 547:38, Probate Court Judge David D. King was certified as eligible to sit in the district court. Chief Justice Dalianis assigns Judge King to hear cases in the district court, as directed by District Court Administrative Judge Edwin W. Kelly.

DATE: April 11, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2010-0169
In the Matter of Laird J. Heal, Esq.

On February 22, 2011, Laird J. Heal, Esq., was suspended from the practice of law in New Hampshire for failing to file his 2010 annual trust accounting certificate and failing to pay late fees assessed for late filing of his certificate. Attorney Heal has now filed his 2010 annual trust accounting certificate and paid the late fees assessed. Attorney Heal has filed a motion to be reinstated to the practice of law in New Hampshire.

Attorney Heal’s motion for reinstatement is granted. Attorney Heal is reinstated to the practice of law in New Hampshire effective immediately.

Duggan, Hicks and Conboy, JJ., concurred.
DATE: April 12, 2011
ATTEST: Eileen Fox, Clerk


ADM-2011-0025
In the Matter of James Schwellenbach, Esq.

On February 10, 2011, this court issued an order requiring Attorney Schwellenbach to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2010, and to pay the late fees assessed, or be suspended from the practice of law in New Hampshire.

Attorney Schwellenbach has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(2).

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

Attorney Schwellenbach is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Friday, May 13, 2011, that he has completed this task. On or before Monday, May 13, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Schwellenbach’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
ISSUED: April 12, 2011
ATTEST: Eileen Fox, Clerk


ADM-2011-0028
In the Matter of Cheryl Strunsky, Esq.

On February 10, 2011, this court issued an order requiring Attorney Strunsky to file her certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2010, and to pay the late fees assessed, or be suspended from the practice of law in New Hampshire.

Attorney Strunsky has neither responded to the show cause order, nor brought herself into compliance with Supreme Court Rule 53.7(A)(2).

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

Attorney Strunsky is ordered to notify her clients in writing that she has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Friday, May 13, 2011, that she has completed this task. On or before Monday, May 23, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Strunsky’s files and to take action to protect the interests of her clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
ISSUED: April 12, 2011
ATTEST: Eileen Fox, Clerk


ADM-2011-0030
In the Matter of Evelyn Taylor, Esq.

On February 22, 2011, this court issued an order requiring Attorney Taylor to file her certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2010, and to pay the late fees assessed, or be suspended from the practice of law in New Hampshire.

Attorney Taylor has neither responded to the show cause order, nor brought herself into compliance with Supreme Court Rule 53.7(A)(2).

Attorney Taylor is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on February 22, 2011, in ADM-2010-0175, In the Matter of Evelyn C. Taylor, for failure to file her annual trust accounting certificate of compliance for 2010, and pay the late fees assessed for noncompliance.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
ISSUED: April 12, 2011
ATTEST: Eileen Fox, Clerk


ADM-2011-04
Procedure to Implement RSA 311:8

The court adopts the following procedure to implement RSA 311:8. This procedure replaces the procedure set forth in Administrative Order 2010-06, issued on September 14, 2010, which is hereby vacated.

RSA 311:8, requires the Supreme Court to inquire "in a summary manner" into charges of fraud, malpractice and contempt of court brought against an attorney. Effective immediately, the court directs all clerks of court to notify the Attorney Discipline Office (ADO) in writing of any charge of fraud, malpractice or contempt of court against an attorney. A copy of the clerk’s notice to the ADO shall be sent to the attorney who is the subject of the charge of fraud, malpractice or contempt of court. The clerk’s notice to the ADO of a charge of fraud, malpractice or contempt of court against an attorney shall not constitute a grievance or referral for purposes of Supreme Court Rules 37 and 37A.

The Supreme Court designates the ADO as the entity responsible for inquiring into such charges on behalf of the court. Upon receipt of notice from a clerk, the ADO shall inquire into the charge to determine whether further action should be taken. Such inquiry shall be governed by Supreme Court Rule 37A(II)(a)(2)(B).

If the ADO concludes that a complaint should not be docketed against the attorney, it shall notify the attorney of its decision and send a copy of its notification to the clerk of the Supreme Court. The ADO’s notification shall advise the attorney that the matter is deemed confidential under Rule 37A(II)(a)(2)(B).

If, after providing the attorney who is the subject of a charge with an opportunity to file a response, the ADO concludes that the charge should be docketed as a complaint, it shall so notify the attorney and send a copy of the notification to the clerk of the Supreme Court. Thereafter, further proceedings shall be governed by Rules 37 and 37A.

April 25, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2010-0155
In the Matter of Thomas T. Aquilla, Esq.

On January 6, 2011, Thomas T. Aquilla was suspended from the practice of law in New Hampshire for failing to file his 2010 annual trust accounting compliance certificate and failing to pay late fees assessed for late filing of his certificate. Attorney Aquilla has filed his 2010 annual trust accounting certificate and paid the late fees assessed. He has requested that he be reinstated to the practice of law in New Hampshire. Attorney Aquilla’s request for reinstatement is granted. Attorney Aquilla is reinstated to the practice of law in New Hampshire, effective immediately.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: April 26, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0149
In the Matter of Elizabeth VanDerwalker

On February 24, 2011, Elizabeth VanDerwalker, was suspended from the practice of law in New Hampshire for failure to complete the practical skills course within two years of the date of her admission to the bar, as required by Rule 42(7).

Attorney VanDerwalker filed a motion for reinstatement in which she requests an extension of time to complete the practical skills course. Attorney VanDerwalker’s motion for reinstatement is granted on the condition that Attorney VanDerwalker take and complete the December 2011 practical skills course. Attorney VanDerwalker is reinstated to the practice of law, effective immediately.

Upon completion of the practical skills course, Attorney VanDerwalker shall file an affidavit stating that she completed the course. Failure to take and complete the course by December 2011 may result in her suspension from the practice of law.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: April 26, 2011
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.

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer