George A. Fairbanks III (2004)

(1990). sufficient notice. See Edward Nash & Sons, Inc v Starbird, 132 N.H. 773 hearing provided to the respondent at his last known mailing address is whereabouts, despite investigation, the court rules that the notice of the Rule 42(9). The respondent has failed to do so, and without knowledge of his all changes in the address of the attorney's residence and principal office. See An attorney is obligated to inform the New Hampshire Bar Association of

respondent has not responded to the petition. publications. The last publication date was December 19, 2003. To date, the within thirty (30) days of the publication of this notice in anyone of these two Union Leader. The respondent was ordered to file a response to the petition petition be published in the New Hampshire Bar News and the Manchester on November 24, 2003, the court ordered that notice to the respondent of the Because all previous efforts to serve the respondent were unsuccessful,

county of residence was unable to find the respondent after a diligent search. the respondent by in hand or abode service. The sheriff of the respondent's On October 21, 2003, the court ordered that the petition be served upon

marked"unclaimed." respondent. This order was returned to the court on October 14, 2003; it was On September 18, the court sent the petition to a new address for the

court as"undeliverable." requested, restricted delivery. The September 8 order was returned to the upon the respondent at his last known address by certified mail, return receipt On September 8, 2003, the court ordered that the petition be served

numerous occasions. It has not been successful. The court has attempted to serve the petition upon the respondent on

Court. disbarment dated December 18, 2001, by the Massachusetts Supreme Judicial See Rule 37( 12). It alleged that it had received a certified copy of a judgment of reciprocal discipline of Attorney George A. Fairbanks, III on September 3,2003. The Committee on Professional Conduct (PCC) filed a petition for

LD-2003-0005, In the Matter of George A. Fairbanks, UJ, Esquire

Irene Dalbec, Supreme Court Deborah Bills, Supreme Court NH Bar Association George A. Fairbanks, III, Esquire James L. DeHart, Esquire vMargaret H. Nelson, Chair l/istribution:

DATE: February 13, 2004

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

PCC in the investigation and prosecution of this matter. George A. Fairbanks, III is hereby assessed all expenses incurred by the

New Hampshire. administrative proceedings, and whether he maintains any trust accounts in Hampshire clients in any pending matters, including litigated matters and of his receipt of this order regarding whether he is representing any New court's order. He is further ordered to disclose to the court within ten (10) days jurisdictions in which he is licensed to practice law of the issuance of the practice of law in New Hampshire. He is ordered to notify the PCC of any other THEREFORE, George A. Fairbanks, III is hereby disbarred from the

disbarment. Se.e id. Supreme Judicial Court found that Attorney Fairbanks engaged justifies 37(12)(d). We conclude that the misconduct in which the Massachusetts proceedings are unnecessary for the disposition of this case. Se.e Rule Having reviewed the PCC's petition, the court concludes that further