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Christine A. Gordon f/k/a Desmarais-Gordon (2005)

1

3. In his letter, Judge Fitzgerald informed the Committee that, at the July 19, 2000

lawsuit was a personal injury action stemming from a 1998 car accident. case. Attorney Darlene M. Daniele represented the plaintiff, Karen S. Dexter. The 2. Christine Desmarais-Gordon represented the defendant, Ms. Turgeon, in the Turgeon

(hereinafter referred to as"Turgeon case"), over which he presided. Turgeon, Hillsborough County Superior Court, Southern District, #99-C-415 transcript of a hearing on July 19, 2000, in the matter of Karen S. Dexter v. Lynn Fitzgerald, III, forwarded to the Professional Conduct Committee a copy of a 1. By letter dated August 25, 2000, Associate Superior Court Justice Edward J.

I. FINDINGS OF FACT

the following Findings of Fact and Rulings of Law. David Cole was absent. The Professional Conduct Committee determined that the record supports Page and Stephen B. Stepanek. Margaret H. Nelson and Toni Gray were recused from the matter; Vice Chair, Alan J. Cronheim, Morgan A. Hollis, James R. Martin, Richard B. McNamara, David N. The Professional Conduct Committee members that heard this matter included, Benette Pizzimenti,

appeared on behalf of the Attorney Discipline Office. appeared on behalf of the Respondent and Attorney Landya B. McCafferty, Disciplinary Counsel July 29, 2004 and the Hearing Panel Report dated September 13,2004. Attorney Russell F. Hilliard dated June 28, 2004, the exhibits submitted to the Hearing Panel, the transcript of the hearing dated matter. The Committee reviewed the Notice of Charges, the pleadings of the parties, the Stipulation On December 14, 2004, the Professional Conduct Committee considered the above-referenced'

SIX-MONTH SUSPENSION

Christine Desmarais-Gordon advs. Professional Conduct Committee #OO-N-125

Holly B. Fazzino, Admin. Coordinator

Alan J. Cronheirn * non attorney member Thomas P. Connair Stephen B. Stepanek* David N. Cole David N. Page* Toni M. Gray, * Vice Chair 603-224-5828. Fax 228-9511 Richard B. McNamara Benette Pizzimenti, Vice Ch~ir Concord, New Hampshire 03301 James R. Martin Margaret H. Nelson, Chair 4 Park Street, Suite 304 Morgan A. Hollis

Professional Conduct Committee New Hampshire Supreme Court 2

Bates stamped numbers located on the bottom right comer of each page. appear in the Index of the Record of this case at Number 30. All page number references are to the 1 The citations in this report are to the exhibits jointly submitted to the Hearing Panel which

Jointly Submitted Exhibits, Exhibit 2. Ms. Dexter's answer did not include a list of 11. On February 18, 2000, Ms. Dexter forwarded the answers to the interrogatories.

because of Ms. Dexter's failure to answer the interrogatories. 10. On February 9, 2000, Ms. Desmarais-Gordon filed a Motion for Conditional Default

agreed to extend the deadline to December 14, 1999. 9. Ms. Dexter did not timely answer those interrogatories, but Ms. Desmarais-Gordon

treatment (interrogatories #33 and #34). Jointly Submitted Exhibits, Exhibit 1. accident, as well as all medical treatment and medical providers performing such injuries, illnesses, or disability she claimed to have suffered as a result of the #31), her family physician for the last fifteen years (interrogatory #3 2), and all prior to the automobile accident that was the subject of the lawsuit (interrogatory 8. The interrogatories specifically sought Ms. Dexter's health history for the ten years

her client's behalf to Ms. Dexter. Jointly Submitted Exhibits, Exhibit 11. 7. On October 29, 1999, Ms. Desmarais-Gordon forwarded a set of interrogatories on

Events Leading up to July 19, 2000 Hearing

2000. joined in the complaint docketed against Ms. Desmarais-Gordon on September 25, Ms. Daniele's letter, as well as Ms. Dexter's letter and attachments, which were 6. On October 25,2000, the Committee forwarded to Ms. Desmarais-Gordon a copy of

with certain attachments. Daniele enclosed a letter of complaint from Ms. Dexter dated September 29,2000, of professional misconduct against Ms. Desmarais-Gordon. With that letter, Ms. 5. In a letter to the Committee dated September 29, 2000, Ms. Daniele made allegations

Fitzgerald's September 25, 2000, letter. that it had docketed a Committee generated complaint against her based on Judge 4. In a letter dated August 29, 2000, the Committee informed Ms. Desmarais-Gordon

that Ms. Desmarais-Gordon admitted doing so. forms forwarded to Ms. Desmarais-Gordon by Ms. Daniele in the Turgeon case, and hearing, Ms. Daniele accused Ms. Desmarais-Gordon of altering medical release 3 records and reports authored by other medical care providers and facilities." Jointly including not only records and reports authored by you and/or your office, but also the following underlined sentence:"This authorization releases your entire file, and reports ... which you have concerning Mrs. Dexter." The cover letter contained authorization for the release of any and all medical records and report[ s], office notes, 17. The cover letters stated, inter alia,"Enclosed please find an executed medical

Exhibits, Exhibit 4 at pages 92,94, 100, 110, 115, 107, respectively.) dated April 1 3, 2000. (These cover letters are located within Jointly Submitted staff complied with this request. The cover letters enclosing the altered releases are the six altered releases to the newly designated providers. Ms. Blaine or other firm 16. Ms. Desmarais-Gordon then instructed her paralegal, Cynthia M. Blaine, to forward

108, respectively.) located within Jointly Submitted Exhibits, Exhibit 4 at pages 9 3, 95, 106, Ill, 116, Panagakos, and Merrimack Valley Health Services, Inc. (The altered releases are names: Drs. Harold Bass, Peter Gorlin, Eric Holstein, David Morely, Jr., Panos the provider name on six of the releases and substituted the following provider 9, pp. 034-041.) Per Ms. Desmarais-Gordon's instructions, her secretary whited-out Gordon. (The original releases are located within Jointly Submitted Exhibits, Exhibit secretary to alter six of the seven medical releases previously sent to Ms. Desmarais­ 15. At some point prior to April 13, 2000, Ms. Desmarais-Gordon instructed her

Each form was dated February 18,2000. Id. signature, and that of a witness, as well as Ms. Dexter's address and date of birth. top of each"limited medical authorization" form. Each form contained Ms. Dexter's 14. Ms. Dexter, or someone on her behalf, typed the name of the medical provider at the

Exhibit 9, pp. 0 34-041 (attachments to Plaintiffs Motion for A Protective Order). Memorial Medical Center, and Holy Family Hospital. Jointly Submitted Exhibits, Chiropractic, Lowell General Hospital, Northeast Rehabilitation Center, Saint's Merrimack Valley MRI, Southern NH Medical Center, Merrimack Valley following physician and seven medical care facilities: Dr. N. Ross Jenkins, medical releases authorized Ms. Desmarais-Gordon's firm to obtain records from the Wadleigh, Starr & Peters, PLLC, to obtain certain of her medical records. These "limited medical authorizations" permitting Ms. Desmarais-Gordon's law firm, providers, Ms. Dexter submitted to Ms. Desmarais-Gordon a total of eight signed 13. In response to interrogatory #34, which sought all medical treatment and medical care

Saint's Memorial Medical Center in Lowell, Massachusetts. history, Ms. Dexter disclosed a hysterectomy in 1996 performed by Dr. Bass at 12. In response to interrogatory # 31, which questioned Ms. Dexter about her health

her medical care providers as requested by the interrogatories. 4 Desmarais-Gordon a letter objecting to Ms. Desmarais-Gordon's misuse of the 25. Upon learning this information, on May 26, 2000, Ms. Daniele telefaxed Ms.

Valley Health Services, Inc. authorization so that Ms. Desmarais-Gordon could obtain records from Merrimack 2 4. Ms. Daniele's office believed that Ms. Desmarais-Gordon had also altered a second

altered. signature, but the section of the form containing the physician's name had been The release form Ms. Desmarais-Gordon sent to Dr. Bass contained Ms. Dexter's 23. Ms. Daniele's office obtained a copy of the purported release from Dr. Bass's office.

sent to Ms. Desmarais-Gordon. Daniele's office reviewed the file and confirmed that no release for Dr. Bass was ever 22. Ms. Dexter then inquired with Ms. Daniele's office about the release to Dr. Bass. Ms.

release form signed by Ms. Dexter. Desmarais-Gordon, and that Ms. Desmarais-Gordon had sent to Dr. Bass a medical inform her that Dr. Bass had received a request for medical records from Ms. her gynecologist, Dr. Bass. A member of Dr. Bass's staff telephoned Ms. Dexter to 21. On or about May 22, 2000, Ms. Dexter received a telephone call from the office of

Inc. Jointly Submitted Exhibits, Exhibit 7. the use of authorizations," including records from Merrimack Valley Health Services, of all medical records Ms. Desmarais-Gordon had received as ofthat date"through 20. On May 17,2000, Ms. Desmarais-Gordon forwarded to Ms. Daniele a complete copy

authorizations routinely used by Ms. Desmarais-Gordon's office. letter, and, with her May 11, 2000 letter, forwarded to Ms. Daniele another set of rejected the"limited medical authorizations" contained in Ms. Daniele's May 5, 2000 accident involving Ms. Turgeon. It was for this reason that Ms. Desmarais-Gordon involved in a motor vehicle accident and sustained physical injuries prior to the motor vehicle accident, particularly in light of the fact that Ms. Dexter had been going forward without allowing access for Ms. Dexter's medical history prior to the concern that the authorizations were improperly limited to the date of the accident Submitted Exhibits, Exhibit 6. In that letter, Ms. Desmarais-Gordon expressed Daniele that she was"rejecting" the"limited medical authorizations." Jointly 19. By letter dated May 11, 2000, to Ms. Daniele, Ms. Desmarais-Gordon informed Ms.

Submitted Exhibits, Exhibit 5. authorizations" for the same medical providers listed in paragraph 13. Jointly 18. On May 5, 2000, Ms. Desmarais-Gordon received another set of"limited medical

Submitted Exhibits, Exhibit 4. 5 29. At no time prior to the hearing on the Motion for a Protective Order did Ms.

name of the physician/facility to whom the release was directed. had instructed someone in her office to alter these release forms by changing the Daniele on the telephone. Ms. Desmarais-Gordon admitted to Ms. Daniele that she 28. After receiving her May 26,2000 telefax, Ms. Desmarais-Gordon spoke with Ms.

Jointly Submitted Exhibits, Exhibit 9. F. Grant whatever other relief as this Court deems proper and appropriate.

from unjustified harassment or impertinent intrusion; E. Issue a Protective Order protecting plaintiff s right to privacy and freedom

filing, and hearing of the plaintiff s Motion for Protective Order; damages, attorney's fees arid reasonable costs incurred in the preparation, D. Impose sanctions against the defendant's counsel; and award the plaintiff

evidence as trial; and records review or patient evaluation by defendant's experts or as Health Services, Inc. and Dr. Bass) in its case evaluation, case preparation alteration of the"limited medical authorizations" (i.e., Merrimack Valley C. Order that defendant's attorney barred from using the records obtained by the

defendant's attorneys or their agents andlor employees; medical records (whether or not records were obtained) made to date by B. Order that the defendant's attorney disclose and produce all requests for

which defendant is not entitled; medical authorizations provided by plaintiff to obtain medical records to A. Order the defendant's attorney to cease and desist misusing the limited

27. Plaintiffs Motion for a Protective Order requested six specific prayers for relief:

authorizations." Jointly Submitted Exhibits, Exhibit 8. if your office has obtained andlor requested other records using altered which Ms. Desmarais-Gordon altered. She further stated,"I have no way of knowing mentioned Dr. Bass and Merrimack Valley Health Services as two authorizations authorizations which you now claim to reject." In that letter, Ms. Daniele specifically come to my attention that your office has altered and otherwise misused the limited 26. In her May 26, 2000 letter to Ms. Desmarais-Gordon, Ms. Daniele wrote,"[IJt has

indicated would be filed on that date. Jointly Submitted Exhibits, Exhibit 9. enclosed a copy of Plaintiffs Motion for a Protective Order, which Ms. Daniele releases. Jointly Submitted Exhibits, Exhibit 8. With thattelefax, Ms. Daniele also 6 medical records request, not only for Dr. Bass but for another provider, Attorney Gordon admitted to me that she had instructed her staff to alter the

as follows: referenced the two alterations, Dr. Bass and Merrimack Valley Health Services, Inc., 35. Ms. Daniele first addressed the Court. In her remarks, Ms. Daniele specifically

Submitted Exhibits, Exhibit 1 6. 2000, before Judge Fitzgerald in Hillsborough County Superior Court. Jointly 34. A hearing on the Plaintiff's Motion for a Protective Order took place on July 19,

The July 19, 2000 Hearing on Motion for Protective Order

prior authorization. these doctors altered releases in an attempt to obtain the records without Ms. Dexter's Desmarais-Gordon did not disclose in this letter that she had previously forwarded to Moreley, Jr., and Panos Panagakos. Jointly Submitted Exhibits, Exhibit 11. Ms. authorizations" for certain doctors, including Drs. Peter Gorlin, Eric Holstein, David Wheat, asked whether Ms. Dexter was"willing to voluntarily provide medical 33. In a letter to Ms. Daniele dated June 7, 2000, Ms. Desmarais-Gordon, with Attorney

information." Jointly Submitted Exhibits, Exhibit 10, page 0 65, at GJ14. no valid legal or equitable reason why the defense was not entitled to this medical filing what clearly constitutes a frivolous motion, given that the plaintiff has asserted only deny the Protective Order but"order attorney's fees against the plaintiff for 32. Ms. Desmarais-Gordon concluded the motion by suggesting to the Court that it not

Submitted Exhibits, Exhibit 10, page 0 64, at GJ13. request for other authorizations, that has caused this whole issue to arise." Jointly properly answer interrogatories and refusal to cooperate with defense counsel's Desmarais-Gordon argued,"If anything, it is the plaintiff's own conduct, a failure to Protective Order. Jointly Submitted Exhibits, Exhibit 10. In that motion, Ms. James C. Wheat, filed Defendant Lynn Turgeon's Obj ection to Plaintiff s Motion for 31. On June 7, 2000, Ms. Desmarais-Gordon and her co-counsel in the case, Attorney

Desmarais-Gordon's firm had received anything from Dr. Holstein. hearing on the Motion for Protective Order, Ms. Daniele was not aware that Ms. altered releases (as yet unknown to Ms. Daniele) from Dr. Eric Holstein. Prior to the Ms. Desmarais-Gordon's law firm received records pursuant to one of the four other 30. Approximately one week after Ms. Daniele filed the Motion for Protective Order,

Gordon had altered four other releases. the subject of both her letter and her Motion for a Protective Order, Ms. Desmarais­ Desmarais-Gordon inform Ms. Daniele that, in addition to the two releases that were 7 Exhibit 21. Merrimack Valley Health Services or Dr. Harold Bass." Jointlv Submitted Exhibits, not believe that I ever represented to the Court that I had only requested records from 41. In a letter dated August 14, 2000, Ms. Desmarais-Gordon responded,"Finally, I do

Submitted Exhibits, Exhibit 20. Services, Inc. and Dr. Harold Bass using the altered authorizations." Jointly Order that you had only requested medical records from Merrimack Valley Health understood from your argument at the hearing on Plaintiff s Motion for Protective 40. In a letter to Ms. Desmarais-Gordon dated August 9, 2000, Ms. Daniele wrote,"I

David Morely Jr., and Panos Panagakos. See id. Health Services, Inc., Ms. Desmarais-Gordon listed Drs. Peter Gorlin, Eric Holstein, of six releases that she had altered. In addition to Dr. Bass and Merrimack Valley Order. Jointly Submitted Exhibits, Exhibit 18. Ms. Desmarais-Gordon listed a total Daniele in accordance with the Court's Order granting the Motion for Protective 39. In a letter dated July 26, 2000, Ms. Desmarais-Gordon provided information to Ms.

Exhibits, Exhibit 1 7. "associated with the filing of her motion for a protective order." Jointly Submitted ordered Ms. Desmarais-Gordon to pay Ms. Daniele's attorney's fees and costs 38. On July 21,2000, the Court granted Plaintiffs Motion for a Protective Order and

Events Following the July 19, 2000 Hearing

six releases. Court or Opposing counsel she had actually directed her secretary to alter a total of secretary to alter the two releases in question, at no time did she inform either the 3 7. Although Ms. Desmarais-Gordon admitted during the hearing that she had asked her

Jointly Submitted Exhibits, Exhibit 16, at pp. 008-009

right thing to do. you will, offrustration, Your Honor. I realize in retrospect that it wasn't the the authorizations that had been given to us. And that was solely on a fit, if asked my secretary to white out the names on the medical care providers for don't have a specific recollection of it, but I do understand that I most likely I do admit, Your Honor, that I used poor judgment, and that I did in fact - I

36. Ms. Desmarais-Gordon then addressed the Court. Ms. Desmarais-Gordon stated:

Jointly Submitted Exhibits, Exhibit 16, at p. 005.

Merrimack Health Services. 8 releases used. Neither Ms. Daniele nor Judge Fitzgerald ever directly inquired as to Gordonmade affirmative misrepresentations regarding the actual number of altered

46. The transcript of the July 19, 2000 hearing does not establish that Ms. Desmarais­

medical providers. that she altered certain medical releases and sent altered medical releases to some 45. In an Objection to this Motion prepared by Ms. Desmarais-Gordon, it was admitted

be ordered to disclose and produce all altered requests for medical records. 44. Ms. Daniele, in her motion for a protective order, asked that Ms. Desmarais-Gordon

Rule 3.3(a)(l) and (3) - Candor Toward the Tribunal

II. RULINGS OF LAW

Jointly Submitted Exhibits, Exhibit 23.

in my letter of July 26,2000.... Court. After the court granted your Motion, I disclosed that very information to you believe I was under any obligation to do so unless directly asked by or ordered by the requests for medical records made by my office, our agents and employees. I did not in your prayer for relief, you sought to compel me to disclose and produce all Merrimack Valley Health Services. See also paragraph 6 of the Motion. In addition, did not assert in the Objection that I had only set [sic] requests to Dr. Bass or other medical care providers discovered from the medicalrecords already received." I paragraph 9, I did disclose to the court that I had sent "authorizations to some of the your attention to paragraph 9 of my Objection to your Motion for Protective Order. In requested records from Merrimack Valley Health Services or Dr. Harold Bass. I refer Order. You have alleged, in that letter, that I misrepresented to the court that I only my representations to the court at the time of hearing on the Motion for Protective I am writing to respond to your August 21, 2000 letter regarding your concerns about

43. In a letter dated August 29,2000, Ms. Desmarais-Gordon wrote:

Jointly Submitted Exhibits, Exhibit 22. and the Court to believe that'you had only used two (2) altered authorizations. representations to the Court were, at best, incomplete, leading both my office Valley Health Services or Dr. Harold Bass, this is patently untrue .... Your represented to the Court that you had only requested records from Merrimack [I]n response to your statement that you do not believe that you had

42. In a letter dated August 21,2000, Ms. Daniele wrote: 9

4.4. regard constitutes a violation of New Hampshire Rules of Professional Conduct, Rule 54. There is clear and convincing evidence that Ms. Desmarais-Gordon's conduct in this

Dexter's legal privacy rights. representing that Ms. Dexter authorized the release of her records, violated Ms. 53. Ms. Desmarais-Gordon, by altering the limited medical releases and falsely

their release as a condition of Ms. Dexter going forward with her civil suit. Ms. Dexter authorizing their release or by properly obtaining a Court Order requiring 52. Ms. Desmarais-Gordon could have obtained the medical records in question either by

right, however, this was a decision for her to make. to proceed with her legal case, she may have been required to waive that privacy 51. Ms. Dexter had a legal right to maintain the privacy of her medical records. In order

Rule 4.4 - Respect for Rights of Third Persons

4.1(a). regard constitutes a violation of New Hampshire Rules of Professional Conduct, Rule 50. There is clear and convincing evidence that Ms. Desmarais-Gordon's conduct in this

provider. Desmarais-Gordon knowingly made a false statement of material fact to each Dexter had authorized the provider to release records to Ms. Desmarais-Gordon, Ms. release forms with a cover letter falsely informing each medical provider that Ms. 4 9. By instructing her paralegal or other firm staff to forward the six altered medical

Rule 4.l(a) -False Statements to Third Persons

2000 hearing. convincing evidence that Ms. Demarais-Gordon violated this Rule during the July 1 9, Rule 3.3(a), there is insufficient evidence to support a finding by clear and an affirmative misrepresentation, based on the record in this case and the language of 48. While there are circumstances where failure to make a disclosure is the equivalent of

four undisclosed altered releases misled the Court by omission. 47. Disciplinary Counsel argues that Ms. Desmarais-Gordon, by failing to reference the

providers. stated orally or by pleading that only two altered releases were sent to medical how many altered releases were sent. In addition, Ms. Desmarais-Gordon never 10

In determining a sanction in this case, we look at not only the rules that were violated but also look at

rights of Ms. Dexter. In this case, respondent, by altering medical releases, violated that duty and violated the privacy

the basic and fundamental responsibility to act forthrightly and to avoid misrepresentation and deceit. It is critical that the public have confidence in the integrity of those practicing law. Every lawyer has

III. SANCTION

violation of New Hampshire Rules of Professional Conduct, Rule 8.4(a). violated the above rules, there is necessarily clear and convincing evidence of a 60. Because there exists clear and convincing evidence that Ms. Desmarais-Gordon

Rules 8A(a) - Violation of Rules

regard violated New Hampshire Rules of Professional Conduct, Rule 8.4(c). 59. The evidence is clear and convincing that Ms. Desmarais-Gordon's conduct in this

misrepresentation. See, Carpenito's Case, 139 N.H. 168, 174 (1994). knowingly engaged in conduct involving dishonesty, fraud, deceit and by doing this for the purpose of obtaining these records, Ms. Desmarais-Gordon Dexter had authorized the provider to release records to Ms. Desmarais-Gordon and release forms with a cover letter falsely informing each medical provider that Ms. 58. By instructing her paralegal or other firm's staff to forward the six altered medical

Misrepresentation Rule 8A(c) - Misconduct Involving Dishonesty, Fraud, Deceit and

5.3(b). regard constitutes a violation of New Hampshire Rules of Professional Conduct, Rule 57. There is clear and convincing evidence that Ms. Desmarais-Gordon's conduct in this

obligations. she instructed them to engage in conduct that directly contravened her professional paralegal's and secretary's conduct was compatible with her professional obligations, 56. Not only did Ms. Desmarais-Gordon fail to make reasonable efforts to ensure that her

at her instruction, signed the cover letters to the six providers. who, at her instruction, altered the releases and her paralegal or other firm staff who, 55. Ms. Desmarais-Gordon exercised direct supervisory authority over both her secretary

Rule S.3(b) -Supervisory Lawyer's Obligations 11

For all of the above reasons, the Professional Conduct Committee suspends Christine Desmarais-

IV. CONCLUSION

complied with all terms ofthe Order. Supreme Court Rule 37(3)(14). completed the multi state professional responsibility examination after the date of this Order and has Committee on condition that she provide the Committee with verification that she has successfully The respondent shall be reinstated on September 1, 2005 without further hearing before this

Rule 37(13). given to her clients shall advise that alternate counsel should be promptly obtained. Supreme Court suspension and consequent inability to act as an attorney as of the suspension date. The notice to be proceedings and the attorney or attorneys for each adverse party in such matters or proceedings of her mail, return receipt requested each client who is involved in litigated matters or administrative arranged for substitute counsel for her clients by that date, she shall notify by registered or certified To the extent that respondent has not filed withdrawals in pending cases by March 1, 2005 or has not

Court has considered them when imposing sanctions). 132, 139 (2003) (noting that although the Court has never formally adopted these Standards, the Responsibility, Standards for Imposing Lawyer Sanctions (1991). See, e.g., Shillen's Case, 149 N.H. Case, 149 N.H. 19,28 (2002). This case is also in accord with the ABA Center for Professional the purposes of attorney discipline as described by the New Hampshire Supreme Court. See, Feld's Court Rule 37(3). The suspension shall take effect on March 1, 2005. The sanction is in accord with Committee for its expenses in investigating and prosecuting this case. New Hampshire Supreme suspended from the practice of law for a period of six months and directed to reimburse the is appropriate based on respondent's intentional and calculated conduct. The respondent is therefore Having made the above Findings of Fact and Rulings of Law, the Committee believes a suspension

investigation and these events occurred during a difficult period in her life. Gordon has no prior disciplinary record, she made efforts to cooperate with the disciplinary The Committee recognizes that there are mitigating factors in this case as well. Ms. Desmarais­

had represented that she had never altered documents in any other cases. disclose this information to Disciplinary Counsel but also notes that it was apparently done after she Submitted Exhibits, Exhibit 32. The Committee recognizes that Ms. Desmarais-Gordon chose to altered a release for employment records when acting as counsel for the City of Franklin. Jointly Ms. Desmarais-Gordon sought records by altering signed releases. In the Laro case, respondent A further aggravating factor in this case is that the Dexter litigation is not the only instance in which

against Ms. Dexter in the face of her own misconduct. releases had also been altered. Instead, she chose to blame her adversary and even sought legal fees counsel learned that two releases had been altered, respondent declined to disclose that four other how Ms. Desmarais-Gordon dealt with her admitted misjudgments. At the point when Ms. Dexter's 12

File Russell F. Hilliard, Esquire Landya B. McCafferty, Disciplinary Counsel Distribution:

Benette Pizzimel: >:Cechaif January 21,2005 M~(~dr

Respectfully submitted,

1,2005 unless respondent files a timely appeal in the New Hampshire Supreme Court. of Professional Conduct 4. 1 (a), 4.4, 5.3(b), 8.4(a) and 8.4(c). This Order shall take effect on March Gordon from the practice of law for a period of six months for violating the New Hampshire Rules ,File Debbie Bills, Supreme Court Irene Dalbec, Supreme Court NH Bar Association Russell F. Hilliard, Esquire James L. DeHart, Esquire Distribution:

Supreme Court of New Hampshire Eileen Fox, Clerk

ATTEST:

DATE: August 4,2005

Broderick, C.J., and Nadeau, Dalianis, and Duggan, JJ., concurred.

the practice of law in New Hampshire is granted. motion for reinstatement. Ms. Desmarais-Gordon's motion for reinstatement to Rule 37(14)(e). The Professional Conduct Committee does not object to the completed the Multistate Professional Responsibility Examination as required by expenses in investigating and prosecuting this case, and has satisfactorily requirements of the suspension order, has reimbursed the committee for its reinstatement in which she states that she has fully complied with the 2005. On August 1, 2005, Ms. Desmarais-Gordon filed a motion for period of suspension commenced on Februa..ry 1,2005, and expired on Augu.st 1, was suspended by the Professional Conduct Committee for six months. The By amended order dated January 28, 2005, Christine Desmarais-Gordon

LD-2005-0005, In the Matter of Christine Desmarais-Gordon

ORDER

SUPREME COURT

THE STATE OF NEW HAMPSHIRE

Extraction diagnostics