Bruce D. Simpson (2007)

findings of fact by clear and convincing evidence: The Professional Conduct Committee determined that the record supports the following

detailed below. the Stipulation of Facts, the Stipulation as to Rules Violated, and the Stipulation as to Costs as Motion to Permit Waiver of the Hearings Committee Process. Further, the Committee approved The Professional Conduct Committee, upon consideration, granted the Assented to

was not present for the discussion or votes. Gretchen Rule Hamel were absent. Mr. Cronheim left the meeting prior to the discussion and Cole, Alan J. Cronheim and David N. Page. Memoers Ellen L. Arnold, Richard Darling and Gray, Vice Chair, Thomas P. Connair, Gerald A. Daley, Reporter, James R. Martin, David N. Members present included Margaret H. Nelson, Chair, Benette Pizzimenti, Vice Chair, Toni Disciplinary Counsel, presented, as well as the Respondent, Bruce D. Simpson, Esquire. Simpson, Bruce D. advs. Attorney Discipline Office # 04-014. Landya B. McCafferty, to New Hampshire Supreme Court Rule 37 A(III)(d)(2)(B), and deliberated the matter of On March 20, 2006, the Professional Conduct Committee heard oral argument pursuant

Simpson, Bruce D. advs. Attorney Discipline Office # 04-014

Alan J. Cronheim Holly B. Fazzino, Admin. Coordinator 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*

10. On or about January 15, 2003, Mr. Simpson filed an Amended Inventory. The Amended canceled the default hearing scheduled for February 26, 2003. original filing. The Court also ordered Mr. Simpson to pay the fine for the default, and The Court ordered Mr. Simpson to file an amended Inventory to correct a problem in his 9. On or about January 7, 2003, Mr. Simpson filed an Inventory with the Probate Court. of $6,364.40. Hampshire for the Heywood Estate (account #9721028713), with a deposit in the amount 8. On January 3, 2003, Mr. Simpson opened a savings account at the Bank of New hearing on the default was scheduled for February 26, 2003. and levied a fine on him. On January 8, 2003, the Probate Court issued notice that a 2,2002, the Probate Court forwarded to Mr. Simpson formal notification of the default 7. Mr. Simpson did not file the Inventory on October 27, 2002, as required. On December an accounting every year thereafter"on the same day until a final account is made." 6. In that Order, the Probate Court also included instructions requiring Mr. Simpson to file filed on or before October 27,2002, and an Accounting on or before July 30, 2003. 5. On August 1,2002, the Probate Court issued an Order requiring that the Inventory be Estate (docket #2002-806). 4. On July 29,2002, the Probate Court appointed Mr. Simpson executor of the Heywood the Heywood Estate. conditioned on Mr. Simpson's satisfactory performance of his obligations as fiduciary for Company in the amount of $18,000.00, for the Heywood Estate. The bond was 3. On July 18,2002, Mr. Simpson signed a bond with the National Grange Mutual Insurance Hillsborough County Probate Court. ("Heywood Estate") an Appearance and a Petition for Estate Administration in 2. On April 25, 2002, Mr. Simpson filed on behalf of the Estate of Kenneth R. Heywood Hampshire, 03444. Mr. Simpson operated his law office at Lower Main Street, P.O. Box 296, Dublin, New was admitted to practice on November 2, 1992. At all times material to this proceeding, 1. Mr. Simpson is an attorney licensed to practice law in New Hampshire. Mr. Simpson the country. p. 3 Probate Court believed that Mr. Simpson had defalcated with regard to the funds and left Heywood Savings Account in his rOLTA trust account. In fact, all parties and t.~e Probate Court were aware that Mr. Simpson was safeguarding the funds from the with anyone involved in the case prior to his move to China, neither Mr. Taft nor the administrator of the Heywood Estate. Because Mr. Simpson neglected to communicate 17. On January 27, 2004, the Probate Court appointed Robert Taft, Esq., to serve as Probate Court in order to obtain approval of his fee. Further, Mr. Simpson did not ever file any sort of financial disclosure form with the 2003, transfer of funds from the Heywood Savings Account to his lOLTA trust account. Heywood Estate. Nor did Mr. Simpson disclose to the Probate Court his February 24, 16. Mr. Simpson did not thereafter file any inventories or a fmal accounting on behalf of the it contained no funds. 15. On April 15,2003, the Bank of New Hampshire closed the Heywood Savings Account as months, he remained there for approximately two years. take a teaching job. While Mr. Simpson originally intended to be in China for only six 14. In or about late February 2003, Mr. Simpson left the United States and moved to China to (account #00-0426987). Account and deposited that money into his Bank of New Hampshire lOLTA account 13. On February 24,2003, Mr. Simpson withdrew $6,364.40 from the Heywood Savings cover his legal fees and expenses. Simpson opened the Heywood Savings Account. Mr. Simpson paid himself $1,240.00 to approximately $1,240.00 from the estate funds prior to January 3, 2003, the date Mr. 12. Mr. Simpson explains the discrepancy as resulting from a payment to himself of Heywood Savings Account as of January 15,2003 ($6,365.53) equals $1,239.23. Simpson listed on the Amended Inventory ($7,604.76) and the amount actually in the $6,365.53. The difference between the amount in the Heywood Savings Account that Mr. 11. However, as of January 15,2003, the Heywood Savings Account had a balance of only "Heywood Savings Account"). Bank of New Hampshire containing $7,604.76 (account #9721028713) (hereinafter shall file a copy of the pleadings for the suit on the bond for this Court's review

p. 4 surcharged against Bruce D. Simpson. Provided, however, the Administrator DBN pursue a suit on said bond, in the name of this Court, to collect the amounts Further, the Court authorizes the Administrator DBN to prepare and

Administrator's bond with National Grange Mutual Insurance Company. Administrator DBN, costs and expenses to be incurred in pursuing a suit on the expenses of the Administrator DBN incurred to date, $587.30; plus fees of the D. Simpson, for the amount of his defalcations, $6,364.40; plus the fees and As a consequence, the Court surcharges the original Administrator, Bruce

made. above and the Court finds that the evidence presented supports the allegations presented by the Administrator DBN on the issues identified as 1) through 3) A hearing on Attorney Taft's petition was held on 7111/05. Evidence was

fled this jurisdiction and failed to respond to the court's requirements. the amount of $6,364.40 on 2/24/03 and failed to account for the same; and 3). defalcated by withdrawing estate funds from the estate account at Bank of N.H. in had: 1). failed to file the required annual account as ordered by the Court; 2). estate, filed a petition for the Court to find and rule that the prior administrator Attorney Robert Taft, the Court appointed Administrator DBN for the 19,2005, the Probate Court (Patten, J.) held: company liable to reimburse the Heywood Estate for that amount. In an Order dated July Simpson defalcated with regard to the Heywood Estate funds, thereby rendering the bond

21. On July 11,2005, a hearing was held in Probate Court on the question of whether Mr. funds. Mr. Taft or the Probate Court about his return to the COlilltry or the existence of these his return to the United States, Mr. Simpson took no action to communicate with either IOLTA account in February 2003 still remained in Mr. Simpson's IOLTA account. Upon 20. The funds from the Heywood Savings Account that Mr. Simpson transferred into his 19. In or about February 2005, Mr. Simpson returned from China to live in the United States. available in the Heywood Savings Account. the funds that were referenced in Mr. Simpson's Amended Inventory but were no longer close the Heywood Estate, including the processing of a claim with the bond company for 18. Following his appointment as administrator, Mr. Taft filed all the necessary paperwork to interest for the estate. p. 5 the funds remained in a savings account, the funds would have continued to accrue country, Mr. Simpson failed to act competently as fiduciary for the Heywood Estate. Had 27. By transferring the Heywood estate funds into his IOLTA account before leaving the constitute a violation of N.H. R. Prof. Conduct 1. 1 (a). 26. Ifproven by clear and convincing evidence, Mr. Simpson's conduct in this regard would Simpson failed to act competently in representing the interests of the Heywood Estate. alternative counsel to handle his obligations as fiduciary for the Heywood Estate, Mr. 25. By relocating to China for two years without making necessary arrangements for

Professional Conduct by clear and convincing evidence, as stipUlated by the parties: Conduct Committee concludes that Bruce D. Simpson violated the following Rules of Having found the above-listed facts by clear and convincing evidence, the Professional

24. On January 4,2006, the Probate Court approved Mr. Taft's final account. Simpson's trust account had a balance of$l.13. Mr. Taft or the Probate Court of this disbursement. After that disbursement, Mr. $6,951.70, with a check written on his IOLTA trust account. Mr. Simpson did not notify 23. On November 4,2005, Mr. Simpson reimbursed the bond company in the full amount of Simpson's disappearance and transfer of estate funds. Heywood Estate for the full amount of the deficiencies and losses caused by Mr. 22. On July 26, 2005, the bond company wrote a check in the amount of $6,951.70 to the

So Ordered.

and approval, prior to filing the suit in the Court of appropriate jurisdiction. attorneys fees must be"shown separately and explained." Id. p. 6 form of an account. See N.H. Probate Court Rule 108(C)(6). On the accounting form, from estate funds, including attorneys fees, must be reported to the probate court in the Prob. Ct. R. 88; Estate of Rolfe, l36 N.H. 294,298-99 (1992). All disbursements made

34. Legal fees in all probate court matters must be approved by the probate court. See N.H. August 1, 2002. trust account, Mr. Simpson knowingly disobeyed the Probate Court's Order dated the Probate Court, and by failing to disclose his transfer of estate funds into his IOLTA 33. By relocating to China, by disregarding his obligations to file regular accountings with thereafter"on the same day until a final account is made." for the Heywood Estate"on or before July 30, 2003," and to file an accounting every year 32. A Probate Court Order dated August 1,2002, required Mr. Simpson to file an Accounting fiduciary for the Heywood Estate. or making any arrangements for an attorney to handle in his absence his obligations as relocated to China in February 2003 without communicating this fact to the Probate Court 31. Notwithstanding his appointment as executor of the Heywood Estate, Mr. Simpson

violation ofN.H. R. Prof. Conduct 1.3. 30. 1fi..r. Simpson's conduct in this regard constitutes clear and convincing evidence of a Heywood Estate. Simpson failed to act with reasonable diligence in representing the interests of the alternative counsel to handle his obligations as fiduciary for the Heywood Estate, Mr. 29. By relocating to China for two years without making necessary arrangements for

violation of N.H. R. Prof. Conduct 1.1(a). 28. Mr. Simpson's conduct in this regard constitutes clear and convincing evidence of a three (3) month suspension was the appropriate sanction. p. 7 that a suspension is warranted in cases of this nature. Accordingly, the Committee decided that a Lawyer Scuictions, which, although not fonnally adopted by the Court, support the conclusion considered the guidelines provided by the American Bar Association's Standards for Imposing and Mr. Simpson, including Mr. Simpson's personal difficulties. Finally, the Committee took into account both the aggravating and mitigating factors presented by Disciplinary Counsel from China, during which he failed to address his fiduciary responsibilities. The Committee also troubling to the Committee was the length oftime that elapsed, even after Mr. Simpson returned legal process and the requirements of his profession in safeguarding his client's funds. Especially The Committee was concerned about Mr. Simpson's apparent neglect and utter disregard for the ANALYSIS

in the investigation and prosecution of this matter. 39. Mr. Simpson agrees to pay the expenses incurred by the Professional Conduct Committee

Conduct 8.4(a). rules, there is necessarily clear and convincing evidence of a violation ofN.H. R. Prof. 38. Because there exists clear and convincing evidence that Mr. Simpson violated the above

violations of N.H. R. Prof. Conduct 3.4(c). 37. Mr. Simpson's conduct as described herein constitutes clear and convincing evidence of N.H. Probate Court Rule 108. without informing the Probate Court of this transfer, Mr. Simpson knowingly disobeyed 36. By transferring the funds out of the Heywood Savings Account and into his trust account Mr. Simpson knowingly disobeyed Probate Court Rules 88 and 108. documentation to reflect this disbursement or otherwise seeking Probate Court approval, 35. By withdrawing legal fees from the Heywood Savings Account without filing p. 8 File Bruce D. Simpson, Esquire Landya B. McCafferty, Disciplinary Counsel Distribution:

Court. take effect on May 1,2007 unless a timely appeal is filed with the New Hampshire Supreme Committee and satisfied all other conditions of Supreme Court Rule 37(3)(14). This Order shall responsibility examination, paid the assessed expenses incurred by the Professional Conduct Committee with verification that he has successfully completed the multi-state professional August 1, 2007 without further hearing before this Committee on condition that he provide the no further action shall be required of this Committee. Mr. Simpson shall be reinstated on N.H. R. Prof. Conduct Rule 1.4(a), 1.3; 3.4(c) and 8.4(a). At the conclusion of the suspension, suspended from the practice oflaw for three (3) months, effective May 1,2007, for violating F or all of the above reasons, the Professional Conduct Committee orders Bruce D. Simpson CONCLUSION