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Bar News - June 17, 2011


NH Supreme Court Professional Conduct Committee

Brouillard, Philip A. advs. John J. Moynihan # 10-003
PUBLIC CENSURE SUMMARY

On March 16, 2011, the Professional Conduct Committee deliberated the above captioned matter and issued a Public Censure to Philip A. Brouillard, Esquire, for the violation of N.H. Rules Prof. Conduct 1.7(b): Conflict of Interest; Rule 2.1: Advisor; Rule 1.1: Competence; and Rule 8.4(a): Misconduct. The parties filed a Stipulation as to the Facts and Rule violations, and the Committee accepted those facts and rule violations by clear and convincing evidence.

Mr. Brouillard has been a member of the New Hampshire Bar since 1981. Mr. Brouillard was romantically involved with Ms. Moynihan, whom he represented in the later years of a protracted domestic relations proceeding. He had frequent contact with her children. Mr. Brouillard entered an appearance on behalf of Ms. Moynihan in June 2009. Shortly after filing his appearance, he filed an objection the GAL report recommending suspension of Ms. Moynihanís parenting time with her son. At the June 19, 2009 hearing, Mr. Brouillard acknowledged that Ms. Moynihan, on his recommendation, gave her son a copy of the motion. The Court issued an order dated June 26, 2009, suspending Ms. Moynihanís parenting time with her son. On July 9, 2009, Mr. Brouillard filed numerous further motions and Notices of Appeal. The motions were denied, and the Notices of Appeal were declined.

The Committee found that the Stipulation of Facts and Rule Violations constituted clear and convincing evidence that:
  • Mr. Brouillard owed Ms. Moynihan a duty not to represent her under such circumstances as to produce a significant risk that his representation of her interests would be materially limited by his personal interest.
     
  • Mr. Brouillard owed Ms. Moynihan a duty to exercise independent professional judgment and render candid advice.
     
  • Mr. Brouillard lacked the knowledge and skill and/or failed to perform with the skills required to competently litigate the domestic relations issues confronting Ms. Moynihan.
The parties also stipulated to a Public Censure, and to pay all costs associated with the investigation and prosecution of this matter.

A dissenting opinion viewed Mr. Brouillardís conduct as egregious, and the discipline issued as wholly inadequate.
The file is available for inspection at the Attorney Discipline Office, 4 Chenell Drive, Concord, NH. The Order is posted at www.nhattyreg.org.

May 6, 2011


Taylor, Evelyn C. advs. Attorney Discipline Office # 09-062
SUMMARY OF SIX MONTH SUSPENSION

On May 4, 2011, the Professional Conduct Committee deliberated the above captioned matter and issued a six month suspension to Evelyn C. Taylor for violation of N.H. Rules Prof. Conduct 8.4(b): Fitness as a Lawyer, and 8.4(a): Misconduct.

Disciplinary Counsel and the Respondent Stipulated to the Facts and the Committee accepted those facts, by clear and convincing evidence, as summarized below:

Ms. Taylor was arrested on November 25, 2009, for Driving While Intoxicated and charges with three counts of possession of controlled drugs. Ms. Taylor was attempting to self-medicate at the time of the incident because she could not get an appointment with her doctor soon enough to obtain a valid prescription. She ordered medication online from a foreign country. On February 8, 2010, she pleaded guilty to the charge, a class B misdemeanor. On January 5, 2011, Ms. Taylor pleaded guilty to two class A misdemeanor charges of Possession of Prescription Drugs.

Disciplinary Counsel and the Respondent stipulated to the Rules of Professional Conduct that were violated, and the Committee accepted the Stipulation by clear and convincing evidence.
  • Ms. Taylor had a duty not to commit a criminal act that reflects adversely on her fitness as a lawyer.
     
  • Ms. Taylor breached said duty by failing to obtain prescription medication for herself through proper and legal channels, and by driving while impaired by that prescription medication.
     
  • By committing the aforesaid criminal acts, Ms. Taylor endangered her own safety and the safety of the community when she operated her vehicle under the influence of drugs.
     
  • Ms. Taylorís poor judgment and resulting criminal conduct reflects adversely on her fitness as a lawyer. The fact that she would circumvent normal channels to obtain prescription medication and drive while impaired demonstrates a lack of judgment and a willingness to disobey the law for self-serving purposes.
Ms. Taylor was issued a six month suspension, and as a condition of reinstatement shall provide an affidavit from a qualified health care provider in the successful management of the medical issues from which Respondent is currently being treated. Said affidavit shall address the status of Respondentís condition, and what further treatment or monitoring is recommended. Ms. Taylor stipulated to pay all costs associated with the investigation and prosecution of this matter. The matter is public record and is available for inspection at the New Hampshire Supreme Court Attorney Discipline Office, 4 Chenell Drive, Suite 102, Concord, NH 03301. The Order is posted at www.nhattyreg.org.

June 8, 2011

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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