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Bar News - September 14, 2012


Supreme Court Orders

In accordance with RSA 490-F:6, V, and Supreme Court Rule 61(4), Judge Robert C. Varney, who is assigned to the district division of the circuit court, is certified to sit in the family division to hear only the types of cases that were previously within the jurisdiction of the district court.

DATE: August 15, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2012-0036
In the Matter of John W. Andrick, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension, Attorney John W. Andrick is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Andrick’s trust accounts and other financial records be audited at his expense.

Attorney Andrick 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Andrick’s files and to take action to protect the interests of Attorney Andrick’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0039
In the Matter of Eileen M. Fitzpatrick, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of her 2011/2012 bar dues and not having been reinstated within six months of her suspension, Attorney Eileen M. Fitzpatrick is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Fitzpatrick’s trust accounts and other financial records be audited at her expense.

Attorney Fitzpatrick 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 Monday, September 17, 2012, that she has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Fitzpatrick’s files and to take action to protect the interests of Attorney Fitzpatrick’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0042
In the Matter of Gordon L. Mathews, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension, Attorney Gordon L. Mathews is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Mathews trust accounts and other financial records be audited at his expense.

Attorney Mathews 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Mathews files and to take action to protect the interests of Attorney Mathews clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0045
In the Matter of John P. Wagner, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension, Attorney John P. Wagner is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Wagner’s trust accounts and other financial records be audited at his expense.

Attorney Wagner 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Wagner’s files and to take action to protect the interests of Attorney Wagner’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0037
In the Matter of Stephanie J. Brown, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of her 2011/2012 bar dues and not having been reinstated within six months of her suspension, Attorney Stephanie J. Brown is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Brown’s trust accounts and other financial records be audited at her expense.

Attorney Brown 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 Monday, September 17, 2012, that she has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Brown’s files and to take action to protect the interests of Attorney Brown’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0040
In the Matter of Marc E. Gottschalk, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension, Attorney Marc E. Gottschalk is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Gottschalk’s trust accounts and other financial records be audited at his expense.

Attorney Gottschalk 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Gottschalk’s files and to take action to protect the interests of Attorney Gottschalk’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0043
In the Matter of Peter A. McFarlane, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension, Attorney Peter A. McFarlane is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney McFarlane’s trust accounts and other financial records be audited at his expense.

Attorney McFarlane 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney McFarlane’s files and to take action to protect the interests of Attorney McFarlane’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0046
In the Matter of Heather M. Williams, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of her 2011/2012 bar dues and not having been reinstated within six months of her suspension, Attorney Heather M. Williams is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Williams trust accounts and other financial records be audited at her expense.

Attorney Williams 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 Monday, September 17, 2012, that she has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Williams files and to take action to protect the interests of Attorney Williams clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0038
In the Matter of Thomas Howard Enright, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension, Attorney Thomas Howard Enright is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Enright’s trust accounts and other financial records be audited at his expense.

Attorney Enright 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Enright’s files and to take action to protect the interests of Attorney Enright’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0041
In the Matter of Peter A. Lagorio, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension, Attorney Peter A. Lagorio is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Lagorio’s trust accounts and other financial records be audited at his expense.

Attorney Lagorio 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Lagorio’s files and to take action to protect the interests of Attorney Lagorio’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0044
In the Matter of Richard W. Vandenburgh, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2011/2012 bar dues and not having been reinstated within six months of his suspension Attorney Richard W. Vandenburgh is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Attorney Vandenburgh’s trust accounts and other financial records be audited at his expense.

Attorney Vandenburgh 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 Monday, September 17, 2012, that he has completed this task. On or before Friday, September 28, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Vandenburgh’s files and to take action to protect the interests of Attorney Vandenburgh’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: August 16, 2012
ATTEST: Eileen Fox, Clerk


The Supreme Court of New Hampshire hereby appoints Attorney Andrea K. Johnstone to the board of bar examiners, to serve the remainder of a term that expires on November 1, 2014. Attorney Johnstone is appointed to replace Lawrence Vogelman, who resigned from the board due to other commitments.

August 17, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


LD-2012-0010
In the Matter of Brian Gerard Doherty

On August 16, 2012, the Attorney Discipline Office filed certified copies of an order and an opinion of the Supreme Court of Florida, disbarring Attorney Brian Gerard Doherty. In its opinion, the Supreme Court of Florida stated that Attorney Doherty engaged in "egregious misconduct" by acting in a manner that created a clear conflict of interest with the interests of his client. It found that Attorney Doherty acted purposefully to make his personal, pecuniary interests as important as those of his client and that he failed to disclose his substantial interest in transactions when representing the client.

In accordance with Supreme Court Rule 37, the court now orders as follows:

(1) In accordance with Rule 37(12)(b) and 37(16)(d), Attorney Brian Gerard Doherty is immediately suspended from the practice of law in New Hampshire pending further order of this court.

(2) Attorney Doherty may show cause on or before ten days from the date of service why the suspension should be lifted.

(3) Copies of this order and of the order and opinion of the Supreme Court of Florida shall be served on Attorney Doherty 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.

(4) 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.

(5) Within 30 days of service of this order, Attorney Doherty 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 Supreme Court of Florida would be unwarranted, and if they so contend, of the reasons for their contention.

Dalianis, C.J., and Hicks and Lynn, JJ., concurred.
DATE: August 23, 2012
ATTEST: Eileen Fox, Clerk

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