Carol L. Eldridge (2005)

Department, Consumer Credit Division. Legal Coordinator for the State of New Hampshire Banking 7. On September 14, 2000, Ms. Eldridge became employed as

August 12, 1997, for nonpayment of dues. suspension order issued by the New Hampshire Supreme Court on 6. The March 20, 1998, suspension was in addition to a

Supreme Court suspended Ms. Eldridge from the practice of law. 5. By Order dated March 20, 1998, the New Hampshire

behalf appeared for the final hearing. 4. Neither Carol Eldridge nor any representative on her

3. No Answer was filed to the Notice of Charges.

the Notice of Charges on February 5, 2005. 2. Carol Eldridge signed the certified mail receipt for

Hampshire Supreme Court Rule 37A(III) (b) (2) . issued a Notice of Charges in this matter pursuant to New 1. On February 2, 2005, the Attorney Discipline Office

factual findings and rulings of law. to the latter of June 8, 2005, the Committee makes the following Report, both of May 31, 2005, and Attorney McCafferty's response of February 2, 2005, a Hearing Panel Report and a Minority Having reviewed the record, including the Notice of Charges

and did not vote. herself from the matter, did not participate in the discussion, argument. Toni Gray, a lay member of the Committee, recused Conduct Committee (the"Committee") proceeded without oral The respondent did not appear. Accordingly, the Professional waived oral argument on behalf of the Attorney Discipline Office. In this matter Landya B. McCafferty, Disciplinary Counsel,

Carol L. Eldridge advs. Jim Collins

legal profession in that United States jurisdiction." States jurisdiction where doing so violates the regulation of the in pertinent part: ~A lawyer shall not ~practice law in a United 5. New Hampshire Rule of Professional Conduct 5.5 provides

137 N.H. 707, 715 (1994). where he or she performs them." Campaign for Ratepayers' Rights, depends upon the character of acts performed and not the place 4. ~Whether or not one is engaged in the practice of law

N.H. 832, 835 (1984). against the unauthorized practice of law. State v. Settle, 124 3. In New Hampshire there is a strong public policy

law. RSA 311:7-a. 2. New Hampshire prohibits the unauthorized practice of

in the notice of charges shall be deemed to be admitted." the respondent fail to file an answer, the allegations set forth thirty (30) days after service of the notice of charges. Should by serving and filing an answer with disciplinary counsel within provides that ~the respondent shall answer the notice of charges 1. New Hampshire Supreme Court Rule 37A(III) (b) (3) (A)

evidence, the Committee makes the following Rulings of Law: Having found the above facts by clear and convincing

Department. name while employed as Legal Coordinator for the Banking 10. Ms. Eldridge used the abbreviation ~Esq." after her

department licensees. of testimony and exhibits, and rendering decisions affecting and prehearing conferences, ruling on motions and the relevance department. Other responsibilities included conducting hearings protection and banking laws and regulations enforceable by the investigative and/or administrative staff on federal consumer commentary, opinions and similar decisions to advise examination, statutes, case law, rulings, policy statements, official staff 9. Ms. Eldridge was also responsible for reviewing federal

supervising subordinate legal personnel. adjudicative hearings concerning banking department licensees and administrative and legal work in prosecuting or conducting 8. Ms. Eldridge's duties included performing p. 3 - 3 -

F:\WP\PCC\MATTERS\05-ELDRIDGE\Order.PCC-7-05 (7/18/05)

Professional Conduct 5.5(a) and 8.4(a). of Carol Eldridge for violating New Hampshire Rules of that it is appropriate for the Committee to issue this Reprimand (III) (d) (1) the Hearing Panel recommends and the Committee agrees In accordance with New Hampshire Supreme Court Rule 37(A)

in the future warrants only a Reprimand. and has no present intention of seeking reinstatement to the Bar and that Ms. Eldridge no longer works at the Banking Department suspension by Order dated March 20, 1998, due to a disability, injury was caused by the misconduct, that she was under The fact that Ms. Eldridge's violation was unintentional, that no New Hampshire Rules of Professional Conduct 5.5(a) and 8.4(a). Carol Eldridge for violation by clear and convincing evidence of misconduct. Accordingly, the Committee imposes a reprimand on The above factual findings support a finding of professional

aggravating or mitigating factors. Id. injury caused by the lawyer's misconduct and the existence of violated, the lawyer's mental state, the actual or potential examined in selecting an appropriate sanction: the duty (2004). The Standards set forth the following factors to be in a disciplinary case. Kersey's Case, 150 N.H. 585, 587-88 "Standards"] for guidance in determining the appropriate sanction ABA Standards for Imposing Lawyer Sanctions (1991) [the The New Hampshire Supreme Court has often relied upon the

Conduct [ . ]" violate or attempt to violate the Rules of Professional in pertinent part:"It is professional misconduct for a lawyer to 6. New Hampshire Rule of Professional Conduct 8.4 provides