Bar News - September 5, 2008
NH Supreme Court Professional Conduct Committee
Boehm, Lenora E. advs.
Robin Marble #07-018
PUBLIC CENSURE WITH MANDATORY DIVERSION SUMMARY
The New Hampshire Supreme Court Professional Conduct Committee deliberated the matter of Boehm, Lenora E. advs. Robin Marble #07-018, and issued a Public Censure with Mandatory Diversion on July 21, 2008.
Ms. Boehm was retained by Robin Marble on or about August 22, 2006, to represent her in a divorce. Ms. Marble paid Ms. Boehm a $3,000 retainer on or about August 22, 2006. Ms. Boehm filed an appearance on or about September 7, 2006. Ms. Marble met with Ms. Boehm on October 23, 2006. Following that meeting, Ms. Marble made numerous phone calls to Ms. Boehm. Ms. Boehm did not return any of Ms. Marble’s telephone calls, or otherwise communicate directly with Ms. Marble. Ms. Boehm did not respond to Ms. Marble’s emails in January, 2007 through April, 2007. Ms. Boehm did not respond to Ms. Marble’s request for a full refund of her retainer, to her request for a refund of the balance of funds, or to a request for an itemized bill for legal services. On or about March 14, 2007, Ms. Marble retained subsequent counsel. Subsequent counsel filed an appearance on March 26, 2007. Ms. Boehm filed her withdrawal on or about the same time.
The Committee determined that the following findings are supported by clear and convincing evidence in the record, and accepts the Stipulation as to the facts that:
· Ms. Boehm negligently violated her obligations to communicate properly with her client.
· Ms. Boehm’s negligence caused her client to suffer needless anxiety.
The Committee found that there was clear and convincing evidence, and accepts the Stipulation as to the Rule violations that Lenora E. Boehm violated the following Rules of Professional Conduct: 1.4; 8.1(b), and 8.4(a).
Ms. Boehm was issued a Public Censure with Mandatory Diversion, and assessed all costs associated with the investigation and prosecution of this matter. The mandatory diversion component of the sanction requires Ms. Boehm to undergo an office management audit and comply with all recommendations of the auditor.
This matter is public record, and available for inspection at the New Hampshire Supreme Court Attorney Discipline Office, 4 Chenell Drive, Suite 102, Concord, New Hampshire 03301.
August 25, 2008