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Bar News - November 15, 2013


Supreme Court Orders

ADM-2013-0037
In the Matter of Kaitlin J. McQueeney, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of her 2012/2013 bar dues and not having been reinstated within six months of her suspension, Attorney Kaitlin J. McQueeney, 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 McQueeney’s trust accounts and other financial records be audited at her expense.

Attorney McQueeney 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 Tuesday, November 12, 2013, that she has completed this task. On or before Friday, November 22, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney McQueeney’s files and to take action to protect the interests of Attorney McQueeney’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0038
In the Matter of James B. Judd, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of her 2012/2013 bar dues and not having been reinstated within six months of her suspension, Attorney James B. Judd, 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 Judd’s trust accounts and other financial records be audited at his expense.

Attorney Judd 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 Tuesday, November 12, 2013, that he has completed this task. On or before Friday, November 12, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Judd’s files and to take action to protect the interests of Attorney Judd’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0039
In the Matter of Joshua R. Puryear, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2012/2013 bar dues and not having been reinstated within six months of his suspension, Attorney Joshua R. Puryear, 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 Puryear’s trust accounts and other financial records be audited at his expense.

Attorney Puryear 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 Tuesday, November 12, 2013, that he has completed this task. On or before Friday, November 22, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Puryear’s files and to take action to protect the interests of Attorney Puryear’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0040
In the Matter of Donna M. Perry, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of her 2012/2013 bar dues and not having been reinstated within six months of her suspension, Attorney Donna M. Perry, 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 Perry’s trust accounts and other financial records be audited at her expense.

Attorney Perry 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 Tuesday, November 12, 2013, that she has completed this task. On or before Friday, November 22, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Perry’s files and to take action to protect the interests of Attorney Perry’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0041
In the Matter of John L. Roberts, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2012/2013 bar dues and not having been reinstated within six months of his suspension, Attorney John L. Roberts, 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 Roberts’ trust accounts and other financial records be audited at his expense.

Attorney Roberts 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 Tuesday, November 12, 2013, that he has completed this task. On or before Friday, November 22, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Roberts’ files and to take action to protect the interests of Attorney Roberts’ clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST:Eileen Fox, Clerk


ADM-2013-0042
In the Matter of Charles B. Moegelin, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2012/2013 bar dues and not having been reinstated within six months of his suspension, Attorney Charles B. Moegelin, 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 Moegelin’s trust accounts and other financial records be audited at his expense.

Attorney Moegelin 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 Tuesday, November 12, 2013, that he has completed this task. On or before Friday, November 22, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Moegelin’s files and to take action to protect the interests of Attorney Moegelin’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0043
In the Matter of Scott E. Derby, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2012/2013 bar dues and not having been reinstated within six months of his suspension, Attorney Scott E. Derby, 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 Derby’s trust accounts and other financial records be audited at his expense.

Attorney Derby 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 Tuesday, November 12, 2013, that he has completed this task. On or before Friday, November 22, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Derby’s files and to take action to protect the interests of Attorney Derby’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0044
In the Matter of Robin A. Wrisley, Esquire

Having been suspended from the New Hampshire Bar Association for nonpayment of her 2012/2013 bar dues and not having been reinstated within six months of her suspension, Attorney Robin A. Wrisley, 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 Wrisley’s trust accounts and other financial records be audited at her expense.

Attorney Wrisley 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 Tuesday, November 12, 2013, that she has completed this task. On or before Friday, November 22, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Wrisley’s files and to take action to protect the interests of Attorney Wrisley’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: October 9, 2013
ATTEST: Eileen Fox, Clerk


LD-2013-0004
In the Matter of William T. Whittenberg, Jr.

The court on October 18, 2013, issued the following order:

The Attorney Discipline Office (ADO) filed a motion to vacate the court’s interim suspension of Attorney William T. Whittenberg, Jr. In the motion, the ADO states that, although the disciplinary matter involving Attorney Whittenberg remains pending, it does not consider his continued interim suspension to be necessary for the protection of the public or the integrity of the legal profession. The ADO’s motion to vacate the interim suspension of Attorney Whittenberg is granted. Attorney William T. Whittenberg, Jr., is reinstated to the practice of law in New Hampshire.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
Eileen Fox, Clerk


LD-2013-0010
In the Matter of Andrew G. Bronson

On August 13,2013, the Professional Conduct Committee (PCC) filed an assented-to petition for an immediate three-year suspension of Attorney Andrew G. Bronson from the practice of law, with two-years of the suspension conditionally stayed. The PCC found that Attorney Bronson violated the following rules:

(1) Rule of Professional Conduct 1.3, by failing to act with reasonable promptness and diligence on behalf of clients; and

(2) Rule of Professional Conduct 1.15 and Supreme Court Rule 50, by failing to deposit and hold client funds in a client trust account, by failing to maintain records relating to the handling, maintenance and disposition of client funds, and by commingling his personal funds with client funds.

After finding that Attorney Bronson violated these rules, the PCC considered the appropriate sanction for the violations. It recommended that Attorney Bronson be suspended for three years, with the first year of the suspension to take effect immediately, and the second and third years of the suspensionto be stayed on the condition that Attorney Bronson satisfy certain requirements, which are set forth in the PCC’s recommendation, including compliance with a Monitoring Agreement entered into by Attorney Bronson and the New Hampshire Lawyer Assistance Program, and a Stipulation entered into by Attorney Bronson and the Attorney Discipline Office (ADO). Copies of the Monitoring Agreement and Stipulation are included in the appendix to the PCC’s petition.

An order was issued notifying Attorney Bronson of the PCC petition. On September 20, 2013, Attorney Bronson filed an answer to the petition, stating that he accepted the PCC’s findings of facts and rulings of law, and, furthermore, that he accepted the PCC’s recommendation for the sanction to be imposed.

Having reviewed the PCC decision, the court accepts the PCC’s findings and rulings as to the rules violations. It also accepts the PCC’s recommendation as to the sanction.

Accordingly, the court orders as follows:

1. Attorney Andrew G. Bronson is suspended from the practice of law in New Hampshire,effective immediately.

2. If Attorney Bronson has complied with the requirements set forth in the PCC’s recommendation, he may file a motion for reinstatement with the courton or after October 21, 2014. See Rule 37(14)(b)-(e). At that time, Attorney Bronson may request that the remaining unserved portion of his suspension be stayed, on a temporary basis, on the condition that he meet the continuing requirements set forth in the PCC’s recommendation.

3. At the conclusion of the three-year suspension period, Attorney Bronson may file a motion requesting that the remaining unserved portion of his suspension be permanently stayed. Any such motion must be accompanied by evidenceestablishing that Attorney Bronson has met all of the requirements set forth in the PCC’s recommendation, including compliance with the terms of the Monitoring Agreement and the Stipulation.

4. If the ADO and/or the PCC determine at any time during the period of Attorney Bronson’s suspension or the stay of his suspension, that Attorney Bronson has not met the requirements set forth in the PCC’s recommendation, the PCC shall hold further proceedings, in accordance with the procedure set forth in the Stipulation, to determine what additional action should be taken, which may include the filing of a request with the court to impose the remaining portion of the suspension.

Attorney Bronson is hereby assessed all expenses incurred by the Professional Conduct Committee in the investigation and prosecution of this matter. See Rule 37(19)(a).

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
DATE: October 22, 2013
ATTEST: Eileen Fox, Clerk


LD-2013-0002
In the Matter of Philip A. Brouillard

Having considered the parties’ briefs and oral arguments and the record submitted on appeal, the court concludes that a formal written opinion is not necessary in thiscase. On January 17, 2013, the Professional Conduct Committee (PCC) filed a petition requesting that Attorney Philip A. Brouillard, hereinafter referred to as the respondent, be suspended from the practice of law in New Hampshire for two years. On February 15, 2013, the respondent filed an answer to the petition, denying that he had violated any of the Rules of Professional Conduct and that his conduct merited a sanction. On April 22, 2013, the court issued an order asking the parties to file briefs. The court received the PCC’s brief on May 22, 2013, and the respondent’s brief on June 21, 2013. The court heard oral argument in this case on October 16, 2013.
In the petition, the PCC found that the respondent violated the following Rules of Professional Conduct:

(1) Rule 3.3 by knowingly making false statements of material fact in two court proceedings and by failing to correct those statements;

(2) Rule 8.4(c) by misrepresenting the availability of property owner’s insurance to pay for services required to restore the property and by purposely undertaking to bind his tenant to the contract to facilitate a claim under the tenant’s insurance policy, knowing that there was no property owner’s insurance to cover the loss; and

(3) Rule 8.4(a) by violating the Rules of Professional Conduct.

The court accepts the PCC’s findings and rulings as to the rules violations.

The PCC determined that the goals of protecting the public, including the respondent’s current clients, preventing similar conduct in the future, and preserving the integrity of the profession, would be best served by suspending the respondent for two years from the practice of law in New Hampshire. Having considered the petition, the respondent’s answer, the parties’ briefs and oral arguments, and the record submitted on appeal, the court disagrees with the PCC’s recommended sanction. The court suspends the respondent for two years from the practice of law, and stays this suspension for two years subject to the conditions set forth in the Hearing Panel’s September 5, 2012 report.

THEREFORE, the court orders that Attorney Philip A. Brouillard be suspended from the practice of law in New Hampshire for a period of two years; imposition of this suspension is stayed for a period of two years subject to Attorney Brouillard’scompliance with the following conditions:

(1) There are no further grievances filed with the ADO against Attorney Brouillardregardinghis past or future violations of the Rules, which the ADO or the Screening Committee determines should be docketed as complaints;

(2) Attorney Brouillard shall continue to devote a minimum of fifty (50) hours each yearto providing pro bono legal services; and

(3) Each year, Attorney Brouillard shall attend at least six (6) hours of continuing legal education on legal ethics, in addition to the two (2) hours of continuing legal education on legal ethics required by Supreme Court Rule 53.1.

The PCC shall notify the court should it determine that Attorney Brouillard has violated any of these conditions and should itseek to impose any portion of the two-year suspension. At the conclusion of the two-year stay, either party may request that the stay of the remaining suspension be made permanent.

Attorney Brouillard is hereby assessed all expenses incurred by the PCC in the investigation and prosecution of this matter. See Rule 37(19).

Dalianis, C.J., and Hicks, Conboy, and Lynn, JJ., concurred.
DATE: October 23, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0031
In the Matter of Jon Nelson, Esquire

On August 21, 2013, Attorney Jon Nelson was suspended from the practice of law in New Hampshire for failing to pay his bar dues and court fees. The court has been advised by the New Hampshire Bar Association that Attorney Nelson has now paid all outstanding bar dues and court fees. Attorney Nelson has requested that he be reinstated to the bar. Attorney Nelson’s request for reinstatement is granted. Attorney Nelson is hereby reinstated to the practice of law, effective immediately.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
DATE: October 24, 2013
ATTEST: Eileen Fox, Clerk


LD-2012-0009
In the Matter of Peter A. Riley

On July 3, 2012, the Professional Conduct Committee (PCC) filed an assented-to petition for a two-year suspension of the respondent, Peter A. Riley, with one year effective April 6, 2012, and the remaining year stayed with conditions.The respondent was required to comply with alcohol rehabilitation counseling and a monitoring program. On February 25, 2013,following a remand from this court,the PCC found that the respondent had violated these conditionsby drinking alcohol, by failing to appear for a urine test, and by engaging in the practice of law. Accordingly, the PCC recommended a revised sanction.On March 14, 2013, the PCC filed an assented-to petition for a two-year suspension, effective on the date the respondent last practiced law.

The PCC found that the respondent violated the following Rules of Professional Conduct:

(1) Rule 3.5, by engaging in over-zealous and emotional advocacy, and by attempting to disrupt a tribunal;

(2) Rule 8.4(b)-(c), by falsely attesting to the execution of a power of attorney; and

(3) Rule 8.4(a), by violating the Rules of Professional Conduct.

We accept the PCC’s findings and rulings as to the rules violations.

The PCC’s amended recommendations propose that the respondent be suspended for a period of two years, effective September 10, 2012. The respondent andDisciplinary Counsel agreed to the suspension. At oral argument on October 10, 2013, the respondent failed to appear. Nonetheless, we accept the PCC’s recommendation that the respondent be suspended for a period of two years.

THEREFORE, Attorney Peter A. Riley is hereby suspended from the practice of law in New Hampshire for a period of two years effective September 10, 2012. In addition, he is assessed all expenses incurred by the Professional Conduct Committee in the investigation and prosecution of this matter. See Rule 37(19).

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett,JJ., concurred.
DATE: October 28, 2013
ATTEST: Eileen Fox, Clerk

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