New Hampshire Disbars Suspended Massachusetts Attorney
The New Hampshire Supreme Court has imposed the increased reciprocal discipline of disbarment where Massachusetts had ordered a two-year suspension based on the attorney’s misappropriation of more than $20,000 from his law firm and knowing lies to Bar Counsel in its investigation.
Respondent had not responded to the proposed increased sanction recommendation of the New Hampshire Professional Conduct Committee.
The Massachusetts Board of Bar Overseers had proposed the lesser sanction
The respondent admitted to stealing more than $20,000 from his law firm’s bank account. On appeal to us, he argues that the hearing committee incorrectly failed to take into consideration two mitigating factors: his claimed restitution to his law partners and his asserted gambling addiction, which he claims was the cause of his misdeeds. We agree with the committee that the respondent failed to carry his burden of proof on both arguments. We diverge from the hearing committee only as to the recommended sanction. We propose a license suspension of two years, rather than the 15-month suspension suggested by the committee.
That recommendation was adopted by the Massachusetts Supreme Judicial Court. (Mike Frisch)
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