Alan H. Ganz (2009)

~ --------- -- - --~- ~- -- -~-

conditions of the Agreement. Mr. Ganz shall bear all cost associated with compliance and enforcement of the terms and

Mr. Ganz's misconduct as outlined in the Stipulation; and rnmmittp.p. -_ .................................... -:mrl/or....... -.................. thp. - ~ Profp,ssinn~........ --~..... -..... --~- - 1 (;nnnllct (;nmmittee will ----~---. - - .. ---- - he the annronriate sanction for contained in the Stipulation shall be deemed true, and the sole issue before the Hearings In the event of termination of the Agreement to Stay for cause, the factual admissions

not binding on the Professional Conduct Committee; and that Mr. Ganz receive a Reprimand as a sanction in this matter and such a recommendation is expiration of the 2 Year Time Period, the Attorney Discipline Office agrees to recommend If1v1r. Ganz successfully complies with the terms and conditions of this Agreement, at the

violations, and his acceptance of a finding of misconduct; and The Stipulation will act as Mr. Ganz's admission to the truth of the allegations and rules

portions of which are incorporated herein by reference: Charges is stayed by Respondent's compliance with the terms and conditions of the Agreement, and rules violations charged in the Notice of Charges. The formal issuance of a Notice of Pursuant to Rule 37 A(I)(g)( 4), the Stipulation contains the Respondent's admission to the facts and convincing evidence, the facts as stipulated and violation of N.H. Prof. Rules 4.4 and 8.4(a). the Stipulation As To Facts & Rules Violated (the"Stipulation"). The Committee finds, by clear The Committee grants said Agreement to Stay, incorporating herein by reference and accepts

granted. incorporates a Stipulation As To Facts & Rules Violated and Agreement to Stay. The Motion is Office's Assented-To Motion to Permit Waiver of Hearings Committee Process, which On May 15,2007, the Professional Conduct Committee deliberated the Attorney Discipline

Alan 1. Cronheim Holly B. Fazzino, Admin. Coordi~ator Thomas P. Connair * non attorney member David N. Cole David N. Page* Ellen L. Arnold James R. Martin Toni M. Gray, * Vice Chair 603-224-5828 • Fax 228-9511 Gretchen Rule Hamel Benette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Richard H. Darling* Margaret H. Nelson, Chair 4 Park Street, Suite 304 Gerald A. Daley*

Landya B. McCafferty, Disciplinary Counsel H. Jon Meyer, Esquire Richard Y. Uchida, Esquire Distribution: Vice Chair

for them to complete the appointment.

had two children, one of whom, Jennifer (aged 22), was waiting in the car

3. During the course of the meeting, Mr. Ganz learned that the Lubeskis

to consult with him about their estate planning.

2. On July 2 p. 3 1,2005, William and Sheila Lubeski went to Mr. Ganz's office

Office in Seabrook, New Hampshire.

material to this proceeding, Mr. Ganz operated his law office as Ganz Law

Ganz was admitted to practice on November 4, p. 3 1991. At all times

p. 3 1. Mr. Ganz is an attorney licensed to practice law in New Hampshire. Mr.

I. Stipulation of Facts

referenced case.

Ganz, hereby submit this Stipulation as to Facts & Rules Violated in the above­

Disciplinary Counsel, Landya B. McCafferty, and Respondent, Alan H.

including the following:

8. Along with those questions, Mr. Ganz made comments to Jennifer,

• Do you masturbate?

• Do you fantasize?

child? • Were you ever verbally or physically abused as a

• Are you interested in women?

• What are your hobbies?

.. Do you have a boyfriend or girlfriend?

• Why are you on the medication?

including the following:

7. Mr. Ganz proceeded to ask Jennifer a series of personal questions,

psychiatrist before stopping the medication.

Ganz first asked about the medication and recommended she see a

planning, Mr. Ganz began asking Jennifer verj personal questions. Mr.

6. Instead of engaging Jennifer in a conversation relevant to estate

ask her and perhaps have some paperwork that he needed her to sign.

Jennifer thought that Mr. Ganz might have estate planning questions to

5. The Lubeskis asked Jennifer to join them in their meeting with Mr. Ganz.

speak with Jennifer.

personal knowledge of this medication and requested an opportunity to

taking certain medication but had stopped taking it. Mr. Ganz expressed

4. Mr. Ganz learned also from the Lubeskis that Jennifer had recently been p. 5 3

evidence of a violation of N.H. R. Prof. Conduct 4.4.

14. Mr. Ganz's conduct in this regard constitutes clear and convincing

the relevant time.

and burden Jennifer. Mr. Ganz was representing Jennifer's parents at

used means that had no substantial purpose other than to embarrass

making inappropriate comments about her physical attributes, Mr. Ganz

1 p. 5 3. By asking Jennifer inappropriate questions of a sexual nature and

or burden a third person ...."

"means that have no substantial purpose other than to embarrass, delay,

12. Rule 4.4 prohibits an attorney, in representing a client, from using

11. Allegations set forth above are incorporated by reference.

Rule 4.4: Respect for Rights of Third Persons

II. Stipulation as to Rules Violated

complained to the Attorney Discipline Office about Mr. Ganz's conduct.

10. In a letter dated that same day, and sworn to on July 27, 2005, Jennifer

9. After Mr. Ganz asked Jennifer if she masturbated, the meeting ended.

• You are way above average.

• You can tell you're very intelligent.

• You can model.

• I think you are very attractive. p. 6 4

Dated: ~iD, 2007 Ay p. 6 4_

Dated: March~, 2007

hereafter bound to the facts and rule violations as stipulated.

which the Respondent disagrees, the Respondent is nonetheless

Professional Conduct Committee issues a sanction in this matter with

bound to the facts and rule violations as stipulated. In the event that the

17. Respondent understands that by signing this Stipulation, he is hereby

I v. Effect of Stipulation ·u

Conduct Committee in the investigation and prosecution of this matter.

16. Mr. Ganz agrees to pay the expenses incurred by the Professional

III. Stipulation as to Costs

evidence of a violation of N.H. R. Prof. Conduct 8. p. 6 4(a).

violated the above rules, there is necessarily clear and convincing

15. Because there exists clear and convincing evidence that Mr. Ganz

in professional misconduct by violating Rule 4.4 pertaining to

3. The Notice of Charges in this matter alleges that Mr. Ganz engaged

his rights under those rules. N.H. Sup. Ct. R. 37 & 37 A.

Court regarding the procedures for discipline of attorneys and with

2. Mr. Ganz is familiar with the rules of the New Hampshire Supreme

Hampshire Supreme Court in these proceedings.

8783. Mr. Ganz is subject to the jurisdiction of the New

attorney upon the official records of the Court, registration number

Supreme Court on November 4, p. 7 1991, and is registered as an

p. 7 1. Alan H. Ganz was admitted to the Bar of the New Hampshire

Stay (hereinafter"Agreement"):

of the Attorney Discipline Office, hereby enter into the following Agreement to

Alan H. Ganz and Landya B. :McCafferty, Disciplinary Counsel, on behalf

37 A(III) for final disposition. Mr. Ganz understands that, by

Committee or the Professional Conduct Committee under Rule

the Notice of Charges is finally brought to either the Hearings

a delay of at least two years from the date of the Agreement before

obligations imposed upon him under this Agreement, there will be

S. Mr. Ganz understands that, if he successfully performs the

connection with this matter.

matter. Mr. Ganz has had the assistance of competent counsel in

other intimidating acts by any person or agency concerning this

Mr. Ganz affirms that he has been subjected to no coercion or

7. This Agreement is a product of Mr. Ganz's personal decision, and

voluntarily, and understands the consequences of this Agreement.

6. Mr. Ganz enters into this Agreement freely, intelligently and

proceedings.

Stipulation shall be deemed true in any subsequent disciplinary

terms of this Agreement, the factual admissions contained in the

5. Mr. Ganz agrees that, in the event he fails to comply with the

Stipulation is attached hereto.)

violations alleged in the Notice of Charges. (A copy of the

Violated dated March3,Q, p. 8 2007, admitting the central facts and rule

4. Mr. Ganz has entered into a Stipulation as to Facts & Rules

his then clients, William and Sheila Lubeski.

inappropriate comments Mr. Ganz made to a female daughter of p. 9 3

physician oversee and monitor his medication to continue

experienced. Mr. Ganz agrees to (i) continue having his

elIminating tlle symptoms 01 aruGer.f anU. u.epreSSlOn tHat He 1" • 1... +.....1 ....1'"h"h is taking are extremely effective and have been successful in

his physicians. Mr. Ganz states that the medications that he

anxiety and depression, which is being monitored by one of

(d) Mr. Ganz agrees that he is currently taking medication for

and/or third party during the 2 Year Time Period.

involves inappropriate comments or conduct toward a client

(c) Mr. Ganz agrees that he will not engage in any conduct that

shall be held in abeyance for the 2 Year Time Period.

Agreement, set forth below, that this disciplinary matter

(b) The parties agree, subject to the provisions of this

whichever occurs later (the 2 Year Time Period).

of the Agreement by the Professional Conduct Committee,

run on the date the Agreement is fully executed or approval

(a) This Agreement applies for a two year period that begins to

9. Mr. Ganz agrees to the following terms and conditions:

Rule p. 9 37 A(III)(a)(3) or principles of due process.

has not received the"expeditious" resolution envisioned either by

prosecution of this Notice of Charges on grounds that the matter

entering into this Agreement, he is waiving any right to challenge p. 10 4

plans.

same access to any new medical records and/ or treatment

release so that the Attorney Discipline Office shall have the

this Agreement, Mr. Ganz shall immediately sign a new

Should Mr. Ganz change his physician during the term of

participation in the recommended medical treatment.

and (ii) to confirm Mr. Ganz's ongoing and meaningful

and/ or examine records pertaining to medical treatment,

Attorney Discipline Office to communicate with Dr. Sanchez

Ganz further agrees to sign a release to (i) permit the

with all of the doctor's treatment recommendations. Mr.

meaningfully participating in the treatment, and complying

shall address issues including whether Mr. Ganz is

participation and progress in such treatment. The letters

will inform the Attorney Discipline Office of Mr. Ganz's

months (within the 2 Year Time Period) in which Dr. Sanchez

send a letter to the Attorney Discipline Office every si.x

(e) Mr. Ganz agrees that his physician, Dr. Manuel Sanchez, will

by the physician, throughout the 2 Year Time Period.

in such amounts and with such frequency as recommended

physician, including the taking of any prescribed medication

with all treatment recommendations requested by that

properly treating his anxiety and depression, and (ii) comply p. 11 5

Committee terminate the Agreement. Mr. Ganz shall have the right

the Professional Conduct Committee requesting that the

event. If Disciplinary Counsel concludes that, in her opinion, the

Counsel with any additional information regarding the reported

appropriate. Mr. Ganz shall have the right to provide Disciplinary

may conduct such further investigation, if any, that she deems

Agreement. In making that determination, Disciplinary Counsel

opinion, the reported event constitutes a material violation of the

shall review the matter and shall determine whether, in her

the attention of the Attorney Discipline Office, Disciplinary Counsel

11. If an issue or concern regarding Mr. Ganz's behavior is brought to

of Professional Conduct.

referred to above mayor may not constitute a violation of the Rules

giving rise to the underlying matter. The"inappropriate behavior"

raises concerns that he is engaging in conduct similar to that

Office learn of inappropriate behavior on Mr. Ganz's part that

terminate this Agreement for cause should the Attorney Discipline

Committee, be terminated for cause. Likewise, the Committee may

Agreement may, at the option of the Professional Conduct

comply with any term or condition of this Agreement, the

10. Mr. Ganz understands and agrees that, in the event he fails to

Complaint Screening Committee, and to adjudicate such

complaint top priority in terms of the processing and

(b) The Attorney Discipline Office agrees to give any such

occurs outside the 2 Year Time Period referenced above.

as there is a finding of misconduct, even if such finding

Period, this Agreement is subject to termination at such time

Rather, so long as a complaint is filed within the 2 Year Time

dispositive on the question of termination of this Agreement.

(a) The timing of any finding of such misconduct is not

engages in professional misconduct during the 2 Year Time Period:

12. This Agreement shall also be terminated in the event Mr. Ganz

warranted. The Committee's decision shall be final.

evidence to establish that termination of the Agreement is

Counsel shall have the burden of proof by a preponderance of the

requesting termination should be granted or denied. Disciplinary

such hearing, the Committee shall determine whether the motion

evidentiary hearing (if requested), or the denial of a request for

for an evidentiary hearing and for oral argument. Following an

before the Committee. The Committee shall rule upon any request

an evidentiary hearing thereon, and to request oral argument

to respond in writing to Disciplinary Counsel's motion, to request p. 13 7

Committee.

recommendation is not binding on the Professional Conduct

as to sanction is just that, a reco111mendation; such a

understands that the Attorney Discipline Office's recommendation

a sanction for the misconduct in this matter. Mr. Ganz

Office agrees to recommend that Mr. Ganz receive a Reprimand as

terms and conditions of this Agreement, the Attorney Discipline

Time Period that Mr. Ganz has successfully complied with the

16. If the Attorney Discipline Office verifies at the expiration the 2 Year

enforcement of the terms and conditions of this Agreement.

15. Mr. Ganz shall bear all costs associated with compliance and

for Mr. Ganz's misconduct as outlined in the Stipulation.

Professional Conduct Committee will be the appropriate sanction

the sole issue before the Hearings Committee and/ or the

admissions contained in the Stipulation shall be deemed true, and

14. In the event of termination of the Agreement for cause, the factual

2 Year Time Period.

complaint involving the conduct of Mr. Ganz occurring during the

13. Nothing herein shall be construed to limit prosecution of any new

Time Period shall be stayed.

(c) Pending the final adjudication of such complaint, the 2 Year

Committee in a timely manner.

complaint before a panel appointed by the Hearings p. 14 8

Dated: +l30,2007

J Dated: Abnl 10,2007

, Dated: fl1VbIC.J .. ,'3;0,2007

Alan H. Ganz acknowledges by signing this Agreement that he

,' p. 15 File

H. Jon Meyer, Esquire Richard Y. Uchida, Esquire Landya B. McCafferty, Disciplinary Counsel Distribution:

violation of New Hampshire Rules of Professional Conduct, Rules 4.4 and 8.4(a). Therefore, the Committee issues a Reprimand in this matter based on Mr. Ganz's

professional misconduct. Mr. Ganz's part during the period ofthe Stay which would give rise to a complaint of to a disciplinary complaint nor has the Committee been apprised of any action or omission on submitted any evidence that Mr. Ganz has engaged in inappropriate behavior that would give rise period as contemplated by the Order staying these proceedings. Disciplinary Counsel has not submitted the required periodic reports to the Attorney Discipline Office during the two year physician and has taken medications as prescribed by his physician. Mr. Ganz's physician has complied with all conditions of the Stay. He has adhered to treatment recommendations of his Committee voted to grant the Motion and to issue a reprimand to Mr. Ganz. Mr. Ganz has Upon consideration of the Record and the parties Stipulation as to Facts and Rules Violated, the been stayed for a two year period from the time the Committee initially reviewed this matter. Pursuant to a Committee Order to Stay Proceedings dated May 21, 2007, the matter had

Nelson, Chair, was recused and Richard H. Darling was absent. .L .. ' ....., ....... '"'J,......'-'..., ................... '-' ""-.u.',,,,,,,-.......,........ .i.iv ............. ..LLL L 1...'-<-'-'-'.. L;.y... rull,lll.LJ..lJ..l.Ll.lo..I. -I-.....L'Iu..L U.L • Nfargaret H . A n~lp'U nret0hpn"Rl11p l-J~mpl J~r!"!o~"R \;fartl'n'Olnrl1o.A"'1";lv -r "R.jll.jn..-s M· ... l\.T"'mo·a Susan R. Chollet, David N. Cole (via telephone), Thomas P. Connair, Alan J. Cronheim, Gerald matter. Member present included: Benette Pizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Assented to Motion for Imposition of Reprimand filed on June I, 2009 by the parties in this On June 16, 2009, the Professional Conduct Committee reviewed and considered an

Alan J. Cronheim Holly B. Fazzino, Admin. Coordinator Thomas P. Connair * non attorney member David N. Cole Marilyn Billings McNamara Susan R. Chollet* James R. Martin Toni M. Gray,' Vice Chair 603-224-5828 • Fax 228-9511 Gretchen Rule Hamel Benette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Richard H. Darling> Margaret H. Nelson, Chair 4 Chenell Drive, Suite 102 Gerald A. Daley'

3. Pursuant to an Order dated May 2 p. 16 1, 2007, the PCC issued a ruling which:

by reference in this Motion.

Motion to Permit Waiver of Hearings Committee Process, all of which are incorporated

and a Stipulation As To Facts & Rules Violated (the"Stipulation"), and an Assented-To

Court Professional Conduct Committee (the"PCC") pursuant to an Agreement to Stay

2. On May p. 16 15, 2007, the matter came before the New Hampshire Supreme

Lubeski, the complainant.

and actions arising out of a July, 2005 incident between Attorney Ganz and Jennifer A.

Office issued a notice of charges against Attorney Alan H. Ganz, relating to his conduct

p. 16 1. In early 2007, the New Hampshire Supreme Court Attorney Discipline

Motion for Imposition of Reprimand, and in support thereof, says as follows:

Conduct Committee dated May 2 p. 16 1, 2007, hereby submits the following Assented-To

P.A., and pursuant to the Order of the New Hampshire Supreme Court Professional

NOW COMES Alan H. Ganz, Esquire, by and through his attorneys, Orr & Reno,

the p. 17 2-Year Time Period.

amount and with such frequency as recommended by the physician, throughout

his treating physician, including the taking of any prescribed medication in such

b. Attorney Ganz comply with all treatment recommendations requested by

medication prescribed to Attorney Ganz for anxiety and depression.

a. Attorney Ganz continue to have his physician oversee and monitor certain

4. The Agreement to Stay required that:

Period.

e. Held the underlying disciplinary matter in abeyance for the p. 17 2-Year Time

period following the approval of the Agreement to Stay by the PCC.

The p. 17 2-Year Time Period, as defined in the Agreement to Stay, was a two year

not binding on the Professional Conduct Committee." (Parenthetical supplied)

receive a Reprimand as a sanction in this matter and such a recommendation is

Period, the Attorney Discipline Office agrees to recommend that Mr. Ganz

conditions of this Agreement (to Stay), at the expiration of the p. 17 2-Year Time

d. Ruled that"if Mr. Ganz successfully complies with the terms and

by reference into this Motion.

c. Approved the Agreement to Stay, the contents of which are incorporated

allegations contained in that Stipulation.

b. Accepted the Stipulation as Attorney Ganz' admission to the truth of the

the New Hampshire Supreme Court Rules of Professional Conduct.

Attorney Ganz had violated Rules 4.4 and 8.4(c) of the then-applicable version of

a. Found by clear and convincing evidence, based on the Stipulation, that p. 18 3

misconduct.

Period which, but for the passage of time, would give rise to a complaint of professional

Period, nor is he aware of any action or omission on his part during the 2- Year Time

engaged in any conduct which has resulted in a complaint against him in the 2- Year

to that which gave rise to the Notice of Charges in this matter. Likewise, he has not

Year Time Period. Attorney Ganz has not engaged in any inappropriate behavior similar

submitted the required periodic reports to the Attorney Discipline Office during the 2-

medication as recommended by his physician. Through counsel, his physician has

he has adhered to the treatment recommendations of his physician and taken such

5. Attorney Ganz has complied in all respects with this order. Specifically,

well as compliance and enforcement of the Agreement to Stay.

f. Assessed costs upon Attorney Ganz for the prosecution of the matter, as

misconduct occurred on such complaint outside of the 2- Year Time Period.

complaint was filed within the 2- Year Time Period, even if a finding of

engaged in professional misconduct during the 2- Year Time Period, so long as a

e. Provided for the termination of the Agreement to Stay if Attorney Ganz

similar to that which gave rise to the Notice of Charges in this matter.

d. Barred Attorney Ganz from engaging m any inappropriate behavior

physician's treatment recommendations.

was meaningfully participating in the treatment and complying with all of the

participation and progress in such treatment, including whether Attorney Ganz

Period to the Attorney Discipline Office, informing it of Attorney Ganz's

c. His physician send a letter every six months during the 2- Year Time p. 19 4

Date: May zrL, 2009

deems just and proper.

B. For such other and further relief as the Professional Conduct Committee

in this matter; and

A. The Professional Conduct Committee issue a reprimand as its final order

WHEREFORE, Attorney Ganz respectfully prays that:

matter.

imposition of a reprimand as an appropriate sanction to resolve the above-captioned

6. As a result of the above, the Attorney Discipline Office assents to the p. 20 5

Attorney McCafferty assents to this Motion. Jennifer A. Lubeski, by way of first class mail re aid posta e. I also certify that B. McCafferty, Esquire, Disciplinary Counsel, and H. Jon Meyer, Esquire, counsel for foregoing Assented-To Motion for Imposition of Reprimand to be forwarded to Landya I hereby certify that on this 29 t' day of May, 2009, I caused a copy of the