Daniel P. Hynes (2009)

his Motion to Dismiss with its attachments, Disciplinary Counsel's Objection to the Motion to

The Committee record in this case includes the Notice of Charges, Mr. Hynes' Answer,

dismiss the charge of a violation of Rule S.4(c).

Rules included Rule S.4 (a) and (b). The Committee also approved the parties' agreement to

Stipulation to the Facts and the Stipulation as to Rules of Professional Conduct Violated. These

the evidentiary hearing process before a hearing panel and agreed to accept the submitted

At its October 21, 200S meeting, the Committee, at the parties' request, voted to waive

R. Martin and Marilyn Billings McNamara.

Connair, Alan J. Cronheim, Gerald A. Daley, Richard H. Darling, Gretchen Rule Hamel, James

H. Nelson, Chair, Benette Pizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Thomas P.

Respondent, Daniel P. Hynes, appeared on his own behalf. Members present included Margaret

Landya B. McCafferty, Disciplinary Counsel, appeared for the Attorney Discipline Office.

above-referenced matter pursuant to New Hampshire Supreme Court Rule 37 A(ill)d(2)(B).

On November IS, 200S, the Professional Conduct Committee heard Oral Argument in the

Hynes, Daniel P. advs. Attorney Discipline Office # 07-001

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

N.H. RSA 354-A: 17 Specifically holds: Unlawful ARGUMENT

the length of their hair or the amount of time it would take. charge customers in a more appropriate manner, such as by demand you immediately cease this unfair pricing and is discrimination in violation of the law. Accordingly, I service for Men. Such a distinction in price based on gender and desigu for Women but only $30-$50 for the same attention that your business charges $40-$80 for shaping for different types of haircuts. It has been brought to my I am writing in regards to your company's policy of pricing FACTS

Mr. Hynes wrote:

2. In a letter dated December 18, 2006, to Salon Aquavit, a hairdressing salon in Milford,

Terrace Drive, Manchester, New Hampshire 03104.

times material to this proceeding, Mr. Hynes' mailing address was 7lD Wellington

referenced in this case. Mr. Hynes was admitted to practice on October 31, 2006. At all

1. Mr. Hynes was an attorney licensed to practice law in New Hampshire during the times

by clear and convincing evidence:

and review ofthe Stipulation, determined that the record supports the following findings of fact

The parties entered into a Stipulation to the Facts. The Committee, upon consideration

before the Professional Conduct Committee.

Stipulation as to Rule Violations and Proposed Sanction and the transcript ofthe Oral Argument

to Dismiss, the Stipulation as to Rule Violations and Proposed Sanction, the Supplement to the

Dismiss, the Stipulation to Facts, the Hearing Panel's Order recommending denial ofthe Motion p. 3 Page 3 of 15

Should you not comply I will be forced to file a complaint unlawful practice of charging for haircuts based on gender. Accordingly, I demand that you immediately cease your DEMAND

(See N.H. RSA 358-A: 10). potential multiple damages and attorney fees and costs. unfair trade practice includes $1000 minimum as well as of N.H. RSA 358-A. The remedy for a violation of an are further engaged in an unfair trade practice in violation By engaging in such illegal discrimination for a profit, you

violation of this statute. that women can not receive. Accordingly, you are in facilities, and privileges to men by giving them a discount discrimination based upon sex. You are giving advantages, women and a different price for men is unlawful defined in RSA 354-A:2. Further, charging one price for Your business is a place of public accommodation as

on account of that person's sexual orientation. be denied the benefit of the rights afforded by this section acceptable, desired or solicited. In addition, no person shall disability or national origin is unwelcome, objectionable or race, creed, color, marital status, physical or mental belonging to or purporting to be of any particular age, sex, origin; or that the patronage or custom thereat of any person marital status, physical or mental disability or national any person on account of age, sex, race, creed, color, any such place shall be refused, withheld from or denied to accommodations, advantages, facilities and privileges of notice or advertisement to the effect that any of the display, post or mail any written or printed communication, thereof; or, directly or indirectly, to publish, circulate, issue, accommodations, advantages, facilities or privileges withhold from or deny to such person any ofthe origin of any person, directly or indirectly, to refuse, marital status, physical or mental disability or national accommodation, because ofthe age, sex, race, creed, color, superintendent, agent or employee of any place of public being the owner, lessee, proprietor, manager, shall be an unlawful discriminatory practice for any person, Discriminatory Practices in Public Accommodations. It p. 4 Page 4 ofl5

wife had received the"cease and desist" letter from Mr. Hynes.

7. Mr. Hynes does not dispute that Mr. Nardi reported to Mr. Bahan the fact that his

Benjamin J. Nardi, Jr., Ms. Lambert's husband.

Office (AGO) Chief Investigator, G. Michael Bahan, received a phone call from

6. Mr. Hynes does not dispute that, on December 20,2006, former Attorney General's

Claudia Lambert. Mr. Hynes did not date the letter he sent to Claudia's.

5. One of the 18 other letters was sent to Claudia's, a hair salon in Concord owned by

hair salons in New Hampshire, with demands ranging from $1,000.00 to $2,000.00.

4. Mr. Hynes wrote almost identical"cease and desist" letters to as many as 18 other

wrote an almost identical"cease and desist" letter.

3. In a letter dated December 27,2006, to Bellaviso Salon & Spa in Dover, Mr. Hynes

matter you may have your attorney contact me. costs. If you object or otherwise wish to discuss the above unfair trade practice, punitive damages, attorney fees and injunction, damages for the discrimination, damages for the remedies available including but not limited to an Superior Court. If such action is necessary I will seek all Commission for Human Rights and potential removal to steps will be taken including filing with the State amount of$1000. Should you fail to comply additional the demand to cease and desist and for payment in the practice alone. You have ten (10) days to comply with both minimum that would be awarded for an unfair trade matter. I believe $1000 is a fair amount as it is the order to avoid litigation and a prompt resolution to this addition, I demand payment in the amount of$1000 in reserving all rights to remove and file in Superior Court. In with the State Commission for Human Rights while p. 5 Page 5 of15 obtained or exercised control over the property of another by [DJid commit the crime of extortion in that Daniel P. Hynes

15. The Information alleged that, on the date in question, Mr. Hynes:

637:5, Theft by Extortion.

Mr. Hynes' letter to Claudia's Hair Salon, charging him with a violation of RSA

14. On May 2,2007, the AGO issued an Information against Mr. Hynes on the basis of

Hynes, he was arrested for theft by extortion.

13. After the settlement agreement was executed and $500.00 in cash was given to Mr.

determining a price for a patron's haircut by the patron's gender. ..

to services or prices offered by [Claudia's Hair Salon J ... specifically including

Claudia's Hair Salon"agrees to not engage in any discrimination practices in regards

signed a Release that Mr. Hynes had drafted. The Release stated, inter alia, that

12. As part of the settlement, Mr. Hynes and Ms Vachon (undercover as Alyssa Morgan),

that he did not represent any clients.

11. During that meeting, Mr. Hynes stated that he sent the letter on behalf of himself and

settlement agreement. Ms. Vachon's undercover name was"Alyssa Morgan."

undercover as a partner in Claudia's Hair Salon, met with Mr. Hynes to execute the

10. On January 5,2007, Mr. Nardi and AGO Investigator Allison Vachon, who went

9. Mr. Nardi offered Mr. Hynes $500.00 to settle the matter. Mr. Hynes agreed.

book, and had obtained the salon's pricing information from the internet.

explained that he had found Claudia's Hair Salon on the internet and in the telephone

8. After speaking with Mr. Bahan, Mr. Nardi spoke with Mr. Hynes. Mr. Hynes p. 6 Page 6 of 15 source of business for her. She testified that such a suit would have given her a

worked hard to gamer a strong reputation in the community, which provided a

an attorney to defend a lawsuit would be costly. She further testified that she had

career, financial condition and reputation. Specifically, she testified that obtaining

18. Ms. Lambert testified that a discrimination suit would have harmed her business,

pricing structure.

he did not represent a client, he was himself adversely affected by the salon's

it, including its pricing structure, on the internet. Mr. Hynes asserts that, although

was not a customer of the salon, admitting that he had obtained information about

been adversely affected by the salon's pricing policy. He further testified that he

letter in his individual capacity and that he was not representing a client who had

matter with Claudia's Hair Salon. The defendant testified that he sent the demand

the aforementioned letter and he subsequently accepted $500.00 to settle the

Mr. Nardi; Ms. Vachon; and the defendant. The defendant admitted that he sent

17. At the trial, the jury heard evidence from the following witnesses: Ms. Lambert;

Superior Court-North, after which Mr. Hynes was found guilty.

16. A jury trial took place on March 18 and 19, 2008, in Hillsborough County

and/or Claudia's Hair Salon,... career, financial condition, and/or reputation of Claudia Lambert benefit Hynes but would have harmed substantially the business, structure. The threatened act would not in itself substantially Hynes a specified amount of money and change its pricing Claudia's Hair Salon of Concord, New Hampshire ifit did not pay Daniel P. Hynes obtained control of$500.00 by threatening to sue extortion and with the purpose to deprive him thereof, to wit, p. 7 Page 7 of 15

that the record supports the following Rulings of Law by clear and convincing evidence:

and Sanction and the Supplement to Stipulation as to Rule Violations and Sanction, concludes

The Committee, upon consideration and review ofthe Stipulation as to Rule Violations

matter is currently pending before the Supreme Court.

Court: State v. Hynes, New Hampshire Supreme Court No. 2008-0371. This

22. Mr. Hynes has appealed his criminal conviction to the New Hampshire Supreme

behavior, and placed him on probation for one year.

Theft by Extortion to 12 months injail, all suspended on Mr. Hynes' good

21. On April 30, 2008, the Court (Barry, J.) sentenced Mr. Hynes for the crime of

Salon. Mr. Hynes contested and has appealed this ruling.

that Mr. Hynes did not have standing to bring a lawsuit against Claudia's Hair

20. At the close of the trial, the Court (Barry, J.) instructed the jury to accept as true

such other letters.

The aforementioned letters to Salon Aquavit and Bellaviso Salon and Spa are two

demands ranging from $1,000.00 -$2,500.00, to hair salons in New Hampshire.

Salon, he had forwarded 18 other similar"cease and desist/demand" letters, with

19. At the trial, Mr. Hynes conceded that, in addition to the letter to Claudia's Hair

business.

bad reputation in the community and thus would have adversely affected her p. 8 Page 8 of 15

of each ofthe hair salons, as well as harm to the careers of the salon's principals.

salons would cause substantial harm to the business and financial condition and/or reputation

28. Mr. Hynes sent the letters with the knowledge that the threatened lawsuit against the hair

leverage in his scheme to obtain money from these salons.

27. Further, Mr. Hynes sent the letters with a purpose to threaten the salons in order to gain

changes in hair-cutting price structures and his threatened lawsuits.

client, and Mr. Hynes stood to receive no substantial benefit himself from his demanded

26. Specifically, Mr. Hynes drafted these"cease and desist/demand" letters on behalf of no

step towards the completion ofthe crime of extortion.

the aforementioned circumstances, Mr. Hynes engaged in acts constituting a substantial

25. By sending the"cease and desist/demand" letters to hair salons in New Hampshire under

to: II. As used in this section, extortion occurs when a person threatens

thereof. property of another by extortion and with a purpose to deprive him 1. A person is guilty of theft ifhe obtains or exercises control over the

637:5 Theft by Extortion. -

24. RSA 637:5 provides in pertinent part, as follows:

23. The facts as set forth in Paragraphs I through 22 are incorporated by reference.

RULE 8.4(a): ATTEMPT TO COMMIT A CRIMINAL ACT p. 9 Page 9 of 15

38. Mr. Hynes' extortionist scheme reflects adversely on his fitness as a lawyer.

37. Mr. Hynes utilized his license as an attorney to carry out his extortionist scheme.

reputation, as well as to the careers of Claudia's principals.

would have caused substantial harm to Claudia's business, financial condition and/or

36. The threatened lawsuit against Claudia's Hair Salon, as described in Mr. Hynes' letter,

demanded changes in Claudia's hair-cutting price structures and threatened lawsuit.

behalf of no client and Mr. Hynes stood to receive no substantial benefit himself from the

35. Specifically, Mr. Hynes drafted the"cease and desist/demand" letter to Claudia's on

637:5(II)(i).

Facts, Mr. Hynes engaged in conduct constituting a criminal act in violation ofRSA

$500.00 as settlement ofthe demand, as described in more detail in the Stipulation to the

34. By sending the"cease and desist/demand" letter to Claudia's Hair Salon and accepting

33. The facts as set forth in Paragraphs 1 through 22 are incorporated by reference.

Conduct 8 .4( a).

criminal acts thereby violating the Rules of Professional Conduct and N.H. R. Prof.

in New Hampshire, constitute clear and convincing evidence that he attempted to commit

32. Mr. Hynes' numerous attempts (at least 18 in number) to extort money from hair salons

31. Mr. Hynes' extortionist scheme reflects adversely on his fitness as a lawyer.

30. Mr. Hynes utilized his license as an attorney to carry out his extortionist scheme.

avoid the harm to their business from a lawsuit by meeting his financial demands.

29. Mr. Hynes sent the letters with the understanding that the hair salons might desire to p. 10 Page 10 of 15

The Committee recognizes that"the purpose of attorney discipline is not to inflict

Hynes' suspension run prospectively from July 1, 200S, the date of his suspension.

Supreme Court suspended Mr. Hynes as of July 1, 200S. The Committee recommends that Mr.

suspension stayed for a period of two years based on certain conditions. The New Hampshire

the appropriate discipline in this matter is a two year suspension with the second year of the

Having made the above-referenced findings and rulings, the Committee concludes that

violations and sanctions under these two circumstances.

case. The Committee accepts Mr. Hynes' reservation of his right to review the rule

being unconstitutional or ruling that RSA 637:5, II(i) did not prohibit his conduct in this

the New Hampshire Supreme Court vacates his criminal conviction based on RSA 637:5

agreed to waive any challenge to the terms and conditions of the initial Stipulation unless

41. Mr. Hynes, in the Supplement to Stipulation As To Rule Violations and Sanction, has

Hampshire Rule of Professional Conduct S.4(a).

Rules, there is necessarily clear and convincing evidence of a violation of New

40. Because there exists clear and convincing evidence that Mr. Hynes violated the above

and convincing evidence ofa violation of N.H. R. Prof. Conduct S.4(b).

Claudia's in the cease and desist/demand letter he wrote to Claudia's, constitutes clear

39. Mr. Hynes' acceptance of$500.00 to settle the demands and threats he asserted against p. 11 Page 11 ofl5

5.12 Suspension is generally appropriate when a lawyer knowingly engages in

5.11 Disbarment is generally appropriate when:

fails in his duty to maintain personal integrity and provides:

personal integrity. Standards, §5.1, provides guidelines for sanctions in cases where a lawyer

public, Standards, §5.0. In this particular case, Mr. Hynes violated his duty to maintain his

In assessing the first prong, the Committee looks to violations of duties owed to the

Standards, §3.0.

caused by the lawyer's misconduct; (d) the existence of aggravating or mitigating factors."

sanctions:"(a) the duty violated; (b) the lawyer's mental state; (c) the potential or actual inquiry

Under the Standards, the Committee considered the following factors when imposing

at 365; Coffey's Case, 152 N.H.503, 513 (2005).

Standards for Imposing Lawyer Sanctions (2005) (Standards) for guidance. Grew's Case, supra

In reaching this decision, the Committee refers to the American Bar Association's

N.H. 361, 365 (2007), quoting Coddington's Case, 155 N.H. 66, 68 (2007).

integrity of the legal profession, and prevent similar conduct in the future." Grew's Case, 156

punishment, but rather to protect the public, maintain public confidence in the bar, preserve the p. 12 Page 12 ofl5

2 Section 5.14 uses the term"Admonition." The most analogous sanction in New Hampshire is a Reprimand.

1 Section 5.13 uses the term"Reprimand." The most analogous sanction in New Hampshire is a Public Censure.

While Standard §5.11 addresses the issue of a lawyer engaging in serious criminal

overcome the public's skepticism regarding lawyer ethics.

impacted the salon owners, but damaged the reputation of the legal community as it fights to

number ofthe individuals who received these threatening letters. Mr. Hynes' conduct not only

business and her reputation. No doubt Mr. Hynes' letter campaign created concern among a

Claudia Lambert, owner of Claudia's Hair Salon in Concord, and created concern for her

obtained money from what he believed to be one salon owner. This conduct clearly impacted

Mr. Hynes engaged in a course of conduct involving 19 different hair salons and actually

The third factor addresses the potential or actual injury caused by the misconduct. Here,

extortion, an element of which included a purposeful mental state.

The second prong focuses on a lawyer's state of mind. Here, Mr. Hynes was convicted of

conduct that reflects adversely on the lawyer's fitness to practice law. 5.14 AdmonitiOn2 is generally appropriate when a lawyer engages in any other

practice. misrepresentation and that adversely reflects on the lawyer's fitness to any other conduct that involves dishonesty, fraud, deceit, or 5.13 Reprimandl is generally appropriate when a lawyer knowingly engages in

practice. 5.11 and that seriously adversely reflects on the lawyer's fitness to criminal conduct which does not contain the elements listed in Standard p. 13 Page l3 of15

discriminatory practices he raised and therefore had standing to pursue these matters. Mr. Hynes'

a victim of a discriminatory practice. In Massachusetts, Mr. Hynes was arguably affected by the

Hynes was not a victim of discrimination by the hair salons nor did he represent anyone who was

efforts in bringing discrimination cases in Massachusetts. In New Hampshire, however, Mr.

of standing to bring these legal cases. Mr. Hynes appears to have been confused by his prior

inexperienced in the practice of law. In writing these letters, he failed to properly assess the issue

Mr. Hynes' case includes numerous mitigating factors. By all accounts, Mr. Hynes was

factors.

setting the baseline sanction and therefore should not be seen as independent serious aggravating

Committee agrees with Disciplinary Counsel's view that these factors are already incorporated in

conduct. See, Standards §9.22(b), (c) and (k). In weighing these aggravating factors, the

dishonest and selfish motive, he engaged in a pattern of misconduct and he engaged in illegal

Focusing first on the aggravating factors, there are three. Mr. Hynes acted with a

Standard §9.0.

In assessing the aggravating and mitigating factors, the Committee reviewed

circumstances.

mitigating factors in the case, a suspension is the most appropriate sanction under these

disbarment or suspension, the Committee believes that after weighing the aggravating and

Although there can be disagreement as to whether the baseline sanction in this case should be

done with the mistaken belief that he could pursue legal claims against the various salons.

in this case is that of a suspension. Mr. Hynes engaged in criminal conduct, however, it was

conduct, which includes extortion, the Committee believes a more appropriate baseline standard p. 14 Page 14 of 15

of law for a two year period. One year of the suspension period should be imposed. Mr. Hynes

Therefore, the Committee recommends that Mr. Haynes be suspended from the practice

to Rule Violations and Sanction submitted by the parties.

part of a suspension order. The Committee adopts the conditions included in the Stipulation as

considerable thought. The Committee believes it is appropriate to fully adopt these conditions as

Hynes to follow when he resumes the practice oflaw. The conditions were clearly the product of

The parties, in submitting the Stipulations included an extensive set of conditions for Mr.

significant period of suspension.

completed his one year term of criminal probation, completed his ethics course and served a

Suspension, Mr. Hynes will be eligible for reinstatement as of July 1, 2009. He will then have

lfthe suspension period commences July I, 2008, the date of the Supreme Court's Order of

second year ofthe suspension being stayed for two years is an appropriate sanction in this case.

Under these circumstances, the Committee believes that a two year suspension with the

strategies and his ethical obligations. See, Standards, §9.32 (e), (f), (k) and (I).

He articulates a recognition of his responsibility as a lawyer to more carefully consider his legal

appears genuine and his desire to abide by the Rules of Professional Conduct appears sincere.

Center and has obtained a mentor to assist him when he resumes his practice. His remorse

with Disciplinary Counsel. He has already enrolled in an ethics course at Franklin Pierce Law

conviction based on this same conduct. It should be noted, he has been thoroughly cooperative

judgment. Mr. Hynes has already suffered public humiliation, a criminal trial and a criminal

believes that Mr. Hynes' limited experience in practicing law contributed to this mistaken

failure to recognize this critical distinction formed the basis for his misconduct. The Committee p. 15 Page 15 of15

File Daniel P. Hynes Landya B. McCafferty, Disciplinary Counsel Distribution:

March \A.., 2009

suspension of Daniel P. Hynes in the New Hampshire Supreme Court as provided in this Order.

Therefore, the Committee directs Disciplinary Counsel to file a Petition for the

assessed all such costs and expenses.

the investigation and prosecution ofthis matter. It is therefore also recommended that he be

Suspension in this case. Mr. Hynes has agreed to pay the expenses incurred by the Committee in

that the suspension order commence July 1, 200S, the date ofthe Supreme Court's Order of

Hampshire Rules of Professional Conduct, Rules S.4(a) and S.4(b). It is further recommended

period of two years with the right to seek reinstatement after one year for violating New

Hampshire Supreme Court that Daniel P. Hynes be suspended from the practice oflaw for a

For the above reasons, the Professional Conduct Committee recommends to the New

and Sanction, paragraphs 22 to 34, a copy of which is appended to this Order.

stayed for two years based on the conditions included in parties Stipulation as to Rule Violations

suspension in the LD-200S-0004. The remaining one year of the suspension period should be

should be given credit for the time he has already served under the Supreme Court's temporary approve and adopt the rule violations and proposed sanction.

p. 16 rule violations and sanction and respectfully request that the Committee

2. The parties have now reached agreement with respect to the appropriate

Stipulation of the Facts is incorporated herein and attached as Exhibit A.

reached an agreement with respect to rule violations and sanction. The

matter. At the time that Stipulation was filed, the parties had not

August 1, 2008, wherein Mr. Hynes admitted to the material facts in this

1. The parties filed a Stipulation to the Facts with this Committee on

case.

this Stipulation as to Rule Violations and Sanctions in the above captioned

and through Disciplinary Counsel, Landya McCafferty, Esq., hereby submit

Respondent, Daniel P. Hynes, Esq., and the Attorney Discipline Office, by

salons.

in order to gain leverage in his scheme to obtain money from these

7. Further, Mr. Hynes sent the letters with a purpose to threaten the salons

structures and his threatened lawsuits.

benefit himself from his demanded changes in hair-cutting price

on behalf of no client, and Mr. Hynes stood to receive no substantial

6. Specifically, Mr. Hynes drafted these"cease and desist/ demand" letters

crime of extortion.

Hampshire under the aforementioned circumstances, Mr. Hynes engaged

5. By sending the"cease and desist/ demand" letters to hair salons in New

relationships. financial condition, reputation, or personal person's health, safety, business, calling, career, substantially any other person with respect to that substantially benefit him but which would harm (i) Do any other act which would not in itself

person threatens to: ... II. As used in this section, extortion occurs when a

with a purpose to deprive him thereof. control over the property of another by extortion and I. A person is guilty of theft if he obtains or exercises

637:5 Theft by Extortion. -

4. RSA 637:5 provides in pertinent part, as follows:

3. The facts as set forth in Exhibit A are incorporated by reference.

Rule 8.4(a): Attempt to Commit a Criminal Act

I. Stipulation as to Rules Violated p. 18 3

Claudia's on behalf of no client and Mr. Hynes stood to receive no

15. Specifically, Mr. Hynes drafted the"cease and desist/ demand" letter to

constituting a criminal act, in violation of RSA 6 p. 18 37:5(II)(i).

more detail in the Stipulation to the Facts, Mr. Hynes engaged in conduct

and accepting $500.00 as settlement of the demand, as described in

14. By sending the"cease and desist/ demand" letter to Claudia's Hair Salon

1 p. 18 3. The facts as set forth in Exhibit A are incorporated by reference.

Rule S.4/b): Commit a Criminal Act

Prof. Conduct SAra).

evidence that he attempted to commit criminal acts in violation of N.H. R.

from hair salons in New Hampshire, constitute clear and convincing

12. Mr. Hynes' numerous attempts (at least 18 in number) to extort money

Stipulation to the Facts, reflects adversely on his fitness as a lavl'Jer.

11. Mr. Hynes' extortionist scheme, as outlined in more detail in the

scheme.

10. Mr. Hynes utilized his license as an attorney to carry out his extortionist

meeting his financial demands.

might desire to avoid the harm to their business from a lawsuit by

9. Mr. Hynes sent the letters with the understanding that the hair salons

salons, as well as harm to the careers of the salon's principals.

business and financial condition and/ or reputation of each of the hair

lawsuit against the hair salons would cause substantial harm to the

8. Mr. Hynes sent the letters with the knowledge that the threatened p. 19 4

charge currently pending in the Notice of Charges.

to the Professional Conduct Committee that it dismiss the Rule 8. p. 19 4(c)

21. As part of this stipulated agreement, Disciplinary Counsel recommends

evidence of a violation of N.H. R. Prof. Conduct 8. p. 19 4(a).

violated the above rules, there is necessarily clear and convincing

20. Because there exists clear and convincing evidence that Mr. Hynes

violation of N.H. R. Prof. Conduct 8. p. 19 4(b).

wrote to Claudia's, constitutes clear and convincing evidence of a

asserted against Claudia's in the cease and desist/ demand letter he

19. Mr. Hynes' acceptance of $500.00 to settle the demands and threats he

Stipulation to the Facts, reflects adversely on his fitness as a lawyer.

18. Mr. Hynes' extortionist scheme, as outlined in more detail in the

scheme.

17. Mr. Hynes utilized his license as an attorney to carry out his extortionist

Claudia's principals.

financial condition and/ or reputation, as well as to the careers of

Hynes' letter, would have caused substantial harm to Claudia's business,

16. The threatened lawsuit against Claudia's Hair Salon, as described in Mr.

hair-cutting price structures and threatened lawsuit.

substantial benefit himself from the demanded changes in Claudia's p. 20 5

2009.

successfully completed Mr. Hilliard's class on or before January 1,

(c) Mr. Hynes must show proof to Disciplinary Counsel that he has

Center in the Fall of 2008.

Hilliard's professional responsibility class at Franklin Pierce Law

(bl Mr. Hynes agrees to take and successfully complete Russell F.

described below.

(a) Mr. Hynes shall comply with the terms of this Stipulation, as

and conditions:

month suspension shall be stayed for two years on the following terms

suspension in LD 2008-0004. The remaining six months of the twelve

credit for the time he has already served under the Court's temporary

suspension shall be imposed, and Mr. Hynes shall be given retroactive

practice of law for twelve months. Six months of the twelve month

2 p. 20 5. The parties jointly propose that Mr. Hynes be suspended from the

advice of counsel.

24. In entering into this Stipulation, Mr. Hynes has sought and received the

and he understands the consequences of this Stipulation.

23. Mr. Hynes enters into this Stipulation freely, intelligently and voluntarily,

Professional Conduct Committee adopting this Stipulation.

(2) years and shall begin to run upon the entry of an order of the

22. The term of the sanction agreed to under this Stipulation shall be for two

II. Stipulation as to Sanction p. 21 6

basis;

(1) Mr. Hynes has consulted with his mentor on a monthly

an affidavit attesting to the following:

(i) Mr. Hynes shall provide to Disciplinary Counsel every six months

in such litigated matter.

frivolous, Mr. Hynes will not pursue that lawsuit(s) or participate

contemplated lawsuit(s) or other litigated matter is or may be

(h) Mr. Hynes agrees that, in the event his mentor believes the

other litigated matter is not frivolous.

opinion from his mentor that the mentor believes the lawsuit(s) or

other litigated matter with his mentor; and (b) received an informal

matter) unless Mr. Hynes: (a) has first discussed the lawsuit or

behalf of his clients (or participate as counsel in any other litigated

(g) Mr. Hynes will not file lawsuits or threaten to file lawsuits on

basis about his case load and any contemplated lawsuits.

(f) Mr. Hynes agrees to consult with his mentor on at least a monthly

mentor.

Disciplinary Counsel must first approve Mr. Hynes's selection of a

as a mentor to Mr. Hynes during the two-year term of this stay.

(e) Mr. Hynes agrees to find an experienced member of the Bar to act

reinstated to the practice of law.

Professional Responsibility Examination before he can be

(d) Mr. Hynes understands that he must take and pass the Multistate p. 22 7

alleged violation.

Disciplinary Counsel with any additional information regarding the

deems appropriate. Mr. Hynes shall have the right to provide

Disciplinary Counsel may conduct such further investigation that she

Mr. Hynes may have violated a term or condition of this Stipulation,

2 p. 22 7. In the event that Disciplinary Counsel determines that, in her opinion,

performance.

communicate with Mr. Hynes's mentor regarding Mr. Hynes's

terms of this stipulation and shall be authorized at any time to

26. Disciplinary Counsel shall monitor Mr. Hynes's compliance with the

(3) any civil judgment entered against Mr. Hynes.

(2) any civil claim asserted against Mr. Hynes; and

(1) any address change;

of:

U) The affidavit shall also include notification to Disciplinary Counsel

months;

(3) Mr. Hynes has complied with the Rules of Professional

(2) Mr. Hynes has filed no lawsuit(s) and has not participated as p. 23 8

that arises out of events that pre-date adoption of this Stipulation by the

30. If the Attorney Discipline Office receives a complaint against Mr. Hynes

violation of the N.H. Rules of Professional Conduct.

a material breach of the terms of this stipulation or constitutes a

preponderance of the evidence that Mr. Hynes's alleged conduct is either

meet is as follows: Disciplinary Counsel must establish by a

Disciplinary Counsel, the burden of proof that Disciplinary Counsel must

stayed six month suspension based upon information reported by

29. In any proceeding under paragraph 2 p. 23 8 of this Stipulation to impose the

stayed suspension. The Committee's decision shall be final.

and Mr. Hynes ten (10) minutes to address the issue of imposition of the

waived, oral arguments will be conducted to allow Disciplinary Counsel

the stayed six-month suspension should be granted or denied. Unless

Committee shall determine whether the motion requesting imposition of

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

evidentiary hearing and for oral argument. Following an evidentiary

Committee. The Committee shall rule upon any request for an

evidentiary hearing thereon, and to request oral argument before the

respond in writing to Disciplinary Counsel's motion, to request an

the stayed six-month suspension. Mr. Hynes shall have the right to

Professional Conduct Committee requesting that the Committee impose

violation is a material violation, she may file a motion with the

2 p. 23 8. If Disciplinary Counsel concludes that, in her opinion, the alleged p. 24 9

paragraphs 28 or 31 of this Stipulation. If such complaints or motions

provided that there are no complaints or motions pending pursuant to

hereof, the stayed six-month suspension shall be permanently stayed,

32. At the conclusion of the two-year period described in paragraph 25

Committee.

to an evidentiary hearing and review by the Professional Conduct

Disciplinary Counsel makes such a request, Mr. Hynes shall be entitled

Committee impose the stayed six month suspension in this case. If

basis for a request by Disciplinary Counsel that the Professional Conduct

Professional Conduct that may result from that complaint may provide a

expedited basis. Any final adjudication of a violation of the Rules of

complaint will be processed by the Attorney Discipline Office on an

Committee, but occurring within the period of the tvvo year stay, that

dating adoption of this Stipulation by the Professional Conduct

during the period of the two year stay that arises out of events post­

31. If the Attorney Discipline Office receives a complaint against Mr. Hynes

Professional Conduct Committee in disposing of such other complaint.

Committee, may be considered by the Hearings Committee and

the existence of this stipulation, as approved by the Professional Conduct

basis for imposition of the stayed six-month suspension in this case, but

Professional Conduct that may result from that complaint will not be a

ordinary course of business. Any finding of a violation of the Rules of

Professional Conduct Committee, that complaint will be processed in the p. 25 10

enforce the conditions of this stipulation.

as well as in connection with any process required to implement and

Conduct Committee in the investigation and prosecution of this matter,

35. Mr. Hynes agrees to pay the expenses incurred by the Professional

III. Stipulation as to Costs

material violation and grounds for imposition of the stayed suspension.

Committee and Mr. Hynes's failure in this regard shall be treated as a

frame, Disciplinary Counsel shall notify the Professional Conduct

of such termination. If no mentor is selected within that 30-day time­

a new mentor, subject to Disciplinary Counsel approval, within 30 days

the event of such termination, Mr. Hynes shall be responsible for finding

Mr. Hynes, Mr. Hynes shall notify Disciplinary Counsel immediately. In

34. If the approved mentor elects to terminate his mentor relationship v/ith

is appropriate under the facts presented.

suspension of less than six months if it finds that such lesser suspension

Professional Conduct Committee has the discretion to impose a

33. In any proceeding to impose the stayed six-month suspension, the

must be initiated within 30 days of final disposition of that complaint.

suspension that is based upon a complaint under paragraph 31 hereof

year period of the stay. Any request for imposition of the stayed

such complaints or motions are concluded after the expiration of the two

imposition of the stayed six month suspension even if the proceedings on

are filed during the two year period, they can provide a basis for seeking p. 26 11

facts and rule violations as stipulated.

Violations and Sanction, Mr. Hynes is nonetheless hereafter bound to the

Conduct Committee does not agree with the Stipulation as to Rule

bound to the facts as stipulated. In the event that the Professional

36. Mr. Hynes understands that by signing this Stipulation, he is hereby

IV. Effect of Stipulation p. 27 1

brought to my attention that your business charges pricing for different types of haircuts. It has been I am writing in regards to your company's policy of FACTS

salon in Milford, Mr. Hynes wrote:

2. In a letter dated December p. 27 18, 2006, to Salon Aquavit, a hairdressing

Wellington Terrace Drive, Manchester, New Hampshire 03 p. 27 104.

material to this proceeding, Mr. Hynes' mailing address was 7 p. 27 1D

Hynes was admitted to practice on October 3 p. 27 1, 2006. At all times

p. 27 1.

I. Stipulation of Facts

Hynes, hereby submit this Stipulation in the above-referenced case.

Disciplinary Counsel, Landya B. McCafferty and Respondent, Daniel P.

Accordingly, you are in violation of this statute. them a discount that women can not receive. advantages, facilities, and privileges to men by giving discrimination based upon sex. You are giving for women and a different price for men is unlawful defined in RSA 354-A: p. 28 2. Further, charging one price Your business is a place of public accommodation as

orientation. this section on account of that person's sexual shall be denied the benefit of the rights alTorded by acceptable, desired or solicited. In addition, no person national origin is unwelcome, objectionable or color, marital status, physical or mental disability or purporting to be of any particular age, sex, race, creed, custom thereat of any person belonging to or disability or national origin; or that the patronage or creed, color, marital status, physical or mental denied to any person on account of age, sex, race, of any such place shall be refused, withheld from or accommodations, advantages, facilities and privileges advertisement to the effect that any of the written or printed communication, notice or to publish, circulate, issue, display, post or mail any facilities or privileges thereof; or, directly or indirectly, person any of the accorllmodations, advantages, indirectly, to refuse, withhold from or deny to such disability or national origin of any person, directly or creed, color, marital status, physical or mental public accommodation, because of the age, sex, race, superintendent, agent or employee of any place of person, being the owner, lessee, proprietor, manager, It shall be an unlawful discriminatory practice for any Discriminatory Practices in Public Accommodations. - N.H. RSA 354-A: 17 Specifically holds: Unlawful ARGUMENT

take. the length of their hair or the amount of time it would customers in a more appropriate manner, such as by immediately cease this unfair pricing and charge in violation of the law. Accordingly, I demand you distinction in price based on gender is discrimination $ p. 29 30-$50 for the same serVice for Men. Such a $40-$80 for shaping and design for Women but only 3

$1,000.00 to $2,000.00.

18 other hair salons in New Hampshire, with demands ranging from

4. Mr. Hynes wrote almost identical"cease and desist" letters to as many as

Mr. Hynes wrote an almost identical"cease and desist" letter.

p. 29 3. In a letter dated December 27, 2006, to Beilaviso Salon & Spa in Dover,

attorney contact me. wish to discuss the above matter you may have your attorney fees and costs. If you object or otherwise for the unfair trade practice, punitive damages, injunction, damages for the discrimination, damages remedies available including but not limited to an Court. If such action is necessary I will seek all Human Rights and potential removal to Superior taken including filing with the State Commission for Should you fail to comply additional steps will be and desist and for payment in the amount of $1000. ten (10) days to comply with both the demand to cease awarded for an unfair trade practice alone. You have fair amount as it is the minimum that would be prompt resolution to this matter. I believe $1000 is a amount of $1000 in order to avoid litigation and a Superior Court. In addition, I demand payment in the Rights while reserving all rights to remove and file in file a complaint with the State Commission for Human on gender. Should you not comply I will be fdrced to your unlawful practice of charging for haircuts based Accordingly, I demand that you immediately cease DEMAND

attorney fees and costs. (See N.H. RSA p. 29 358-A:1O). minimum as well as potential multiple damages and violation of an unfair trade practice includes $1000 violation of N.H. RSA 358-A. The remedy for a you are further engaged in an unfair trade practice in By engaging in such illegal discrimination for a profit, p. 30 4

Release stated, inter alia, that Claudia's Hair Salon "agrees to not engage

Alyssa Morgan), signed a Release that Mr. Hynes had drafted. The

12. As part of the settlement, Mr. Hynes and Ms Vachon (undercoveras

himself and that he did not represent any clients.

11. During that meeting, Mr. Hynes stated that he sent the letter on behalf of

name was"Alyssa Morgan."

Hynes to execute the settlement agreement. Ms. Vachon's undercover

who went undercover as a partner in Claudia's Hair Salon, met with Mr.

10. On January 5,2007, Mr. Nardi and AGO Investigator Allison Vachon,

agreed.

9. Mr. Nardi offered Mr. Hynes $500.00 to settle the matter. Mr. Hynes

information from the internet.

and in the telephone book, and had obtained the salon's pricing

Hynes explained that he had found Claudia's Hair Salon on the internet

8. After speaking with Mr. Bahan, Mr. Nardi spoke with Mr. Hynes. Mr.

that his wife had received the"cease and desist" letter from Mr. Hynes.

7. Mr. Hynes does not dispute that Mr. Nardi reported to Mr. Bahan the fact

phone call from Benjamin J. Nardi, Jr., Ms. Lambert's husband.

General's Office (AGO) Chief Investigator, G. Michael Bahan, received a

6. Mr. Hynes does not dispute that, on December 20, 2006, former Attorney

Claudia's.

owned by Claudia Lambert. Mr. Hynes did not date the letter he sent to

p. 31 5. One of the 18 other letters was sent to Claudia's, a hair salon in Concord 5

capacity and that he was not representing a client who had been

defendant testified that he sent the demand letter in his individual

accepted $ p. 31 500.00 to settle the matter with Claudia's Hair Salon. The

admitted that he sent the aforementioned letter and he subsequently

Lambert; Mr. Nardi; Ms. Vachon; and the defendant. The defendant

17. At the trial, the jury heard evidence from the following witnesses: Ms.

County Superior Court-North, after which Mr. Hynes was found guilty.

16. A jury trial took place on March 18 and 19, 2008, in Hillsborough

and/or Claudia's Hair Salon,.... condition, and/ or reputation of Claudia Lambert harmed substantially the business, career, financial itself substantially benefit Hynes but would have pricing structure. The threatened act would not in Hynes a specified amount of money and change its Hair Salon of Concord, New Hampshire if it did not pay control of $ p. 31 500.00 by threatening to sue Claudia's deprive him thereof, to wit, Daniel P. Hynes obtained of another by extortion and with the purpose to Hynes obtained or exercised control over the property [DJid commit the crime of extortion in that Daniel P.

1 p. 31 5. The Information alleged that, on the date in question, Mr. Hynes:

a violation of RSA 637: p. 31 5, Theft by Extortion.

the basis of Mr. Hynes' letter to Claudia's Hair Salon, charging him with

14. On May 2,2007, the AGO issued an Information against Mr. Hynes on

given to Mr. Hynes, he was arrested for theft by extortion.

13. After the settlement agreement was executed and $ p. 31 500.00 in cash was

patron's haircut by the patron's gender ...."

[Claudia's Hair Salon]... specifically including determining a price for a

in any discrimination practices in regards to services or prices offered by p. 32 6

Hynes' good behavior, and placed him on probation for one year.

crime of Theft by Extortion to 12 months in jail, all suspended on Mr.

21. On April 30, 2008, the Court (Barry, J.) sentenced Mr. Hynes for the

Claudia's Hair Salon. Mr. Hynes contests and has appealed this ruling.

as true that Mr. Hynes did not have standing to bring a lawsuit against

20. At the close of the trial, the Court (Barry, J.) instructed the jury to accept

to Salon Aquavit and Bellaviso Salon and Spa are two such other letters.

$2,500.00, to hair salons in New Hampshire. The aforementioned letters

desist/demand" letters, with demands ranging from $1,000.00 -

Claudia's Hair Salon, he had forwarded 18 other similar"cease and

19. At the trial, Mr. Hynes conceded that, in addition to the letter to

in the community and thus would have adversely affected her business.

her. She testified that such a suit would have given her a bad reputation

reputation in the community, which provided a source of business for

She further testified that she had worked hard to garner a strong

testified that obtaining an attorney to defend a lawsuit would be costly.

business, career, financial condition and reputation. Specifically, she

18. Ms. Lambert testified that a discrimination suit would have harmed her

himself adversely affected by the salon's pricing structure.

Hynes asserts that, although he did not represent a client, he was

information about it, including its pricing structure, on-the internet. Mr.

he was not a customer of the salon, admitting that he had obtained

adversely affected by the salon's pricing policy. He further testified that p. 33 7

Dated: 1-/,2008

Dated: 0'-/,2008

bound to the facts as stipulated.

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

II. Effect of Stipulation