Paula J. Green (2009)

File Cheryl A. Casasanta Paula 1. Green, Esquire Landya B. McCafferty, Disciplinary Counsel Distribution:

July 21, 2009

thereof. captioned matter on the basis of the Stipulation filed by the parties attached hereto and made part Motion to Permit Waiver of Hearings Committee Process and to issue a Reprimand in the above­ On July 21, 2009, the Professional Conduct Committee, upon consideration, voted grant the

Green, Paula J advs. Cheryl A. Casasanta #08-041

Alan J. Cronheim Holly B. Fazzino, Admin. Coordinator Thomas P. Connair * non attorney member David N. Cole Marilyn Billings McNamara Susan R. Chollet' James R. Martin Toni M. Gray,' Vice Chair 603-224-5828. Pax 228-9511 Gretchen Rule Hamel Benette Pizzimenti, Vice Chair Concord, New Hampshire 0330 I Richard H. Darling' Margaret H. Nelson, Chair 4 Chenell Drive, Suite 102 Gerald A. Daley'

the preparation of any Qualified Domestic Relations Orders ("QDROs")

4. The Divorce Decree further provided that the parties were responsible for

husband's 40 p. 2 1 (K) plan and a portion of two of his other pension plans.

3. The Divorce Decree awarded Ms. Casasanta a portion of her ex-

which became final on March p. 2 10,2008.

2. Ms. Green represented Cheryl A. Casasanta in her uncontested divorce,

Manchester, New Hampshire 03 p. 2 101.

Offices of Paula J. Green, PLLC, located at 67 Central Street,

material to this proceeding, fv p. 2 1s. Green operated her law office as Law

Ms. Green was admitted to practice on October 28, p. 2 1996. At all times

L Paula J. Green is an attorney licensed to practice law in New Hampshire.

I. Stipulation as to Facts

The Attorney Discipline Office and the Respondent stipulate as follows:

her desire to finalize the QDROs.

1 p. 3 2. Ms. Casasanta also sent Ms. Green numerous email messages explaining

calls to Ms. Green during this time period, all of which went unanswered.

11. Ms. Casasanta claims that she made approximately twelve (1 p. 3 2) phone

herself.

the QDRO for the 401 (K) and effectuate the transfer of these funds to

office and left numerous voicemail messages about her desire to finalize

10. Between April and July of p. 3 200S, Ms. Casasanta telephoned Ms. Green's

he did have access to those funds.

access to those funds. However, she was concerned about the 401(K), as

ex-husband was not close to retirement age and hc, therefore, had no

9. Ms. Casasanta was less concerned about the pension plans, because her

and finalize the necessary QDRO to effectuate this transfer.

S. In or about late March p. 3 200S, Ms. Casasanta asked Ms. Green to prepare

pursuant to the Decree) from his 401(K) plan into her savings account.

soon as possible the transfer cf funds (to vvhich she vias'entitled

7. After the divorce became final, Ms. Casasanta wanted to effectuate as

husband was spending down the assets in his 401(K) plan.

6. Shortly after her divorce, Ms. Casasanta became concerned that her ex­

prepared, one for each of her ex-husband's retirement assets.

5. After the divorce became final, Ms. Casasanta needed three QDROs

necessary to effectuate the Decree's division of retirement assets. p. 4 3

someone who can do it sooner, that is fine with me. If you would like someone else to handle it and can find

pertinent information for all three. them. Donna is working on trying to track down all of the doing all three as opposed to john's attorney doing some- of create them ourselves. I am also not quite sure why we are administrators don't provide us with forms and we have to simple as you might assume, especially when the plan There are three QDROS that have to be done and it is not as

15. In an email dated May 12,2008,Ms. Green wrote to Ms. Casasanta:

someone else handle this, please advise. no response from as well. If you would like me to have I am forwarding the last email that I sent to you, which I got

using those funds to live. there won't be any for me to get. Currently I know he is am also running the risk of John spending the money and account. The longer this goes on the more money I lose. I and every month that the funds are not deposited into my losing approx. $100. each and every mo. in interest for each interest on the 401 K money if it is not done soon. I am If this goes on any longer, I am going to request monthly

going on and has no answers for me. a return phone call. Your secretary is not sure of what is divorce was final) regarding the QDRO's and have not gotten I have called your office several times since March (when the

14. On May 8,2008, Ms. Casasanta wrote in an email:

appreciated. Thank you for your time. to wrap all of this up. A response would be greatly Do you have an estimated time of completion? I would like

desk and that you were working on them. touch with Donna and she said you had the qdro's on your sent a few emails and not heard back. Last week I got in the phone and it is difficult to get a return call and I have I have called your office several times, no one ever answers

Green:

1 p. 4 3. For instance, on April 29, 2008, Ms. Casasanta wrote in an email to Ms. p. 5 4

Thank you. Update please. you about them. working with Joanne on these. My only option is to bother I get no response at all from John on whether or not he is know what is going on and I have yet to get a response. asked for a return phone call one way or the other to let me an estimated time frame these [sic] would be complete. I and left a voice mail message with Donna for an update and contacted you regarding these. I called your office yesterday As you can see it has been almost a month since I last

18. On June 10, 2008, I1.1s. Casasa..1"1ta wrote in an email to Ms. Green:

website that appears to make at least theirs very simple. finally was able to reach someone who directed us to a For the moment we are focusing on the Siemans and Donna

17. On May 15, 2008, Ms. Green wrote in an email to Ms. Casasanta:

Thank you Paula.

monIes. rest. Like I said I am concerned that he will spend down the can just get that one done, then John's attorney can do the think Donna did say she had the info. from the p. 5 401K. If you care of that, then John's attorney can do the other two. I money I would like handled ASAP. If you just want to take concern is the 401 K monies from Siemens. That is the urgency on the Osram and Philips pensions. My main Nobody is retiring tomorrow so there is not that much

nle. does not want to give me the money. He is non-responsive to her that. My guess is that John is not asking her to as he attorney is not helping maybe if you see her you could ask email I usually get no response. I do not know why John's phone, and if I leave a message, I get no response and if I your office. Ninety percent of the time nobody answers the and unsettling for me to get no response whatsoever from sure it is not an easy thing to do but it is very frustrating Thank you for your response. It is greatly appreciated. I am

16. In response to Ms. Green's email.Ms. Casasanta wrote: p. 6 5

have gotten no response from that request either. the accountant fee that I paid to prepare the documents and me on the tax liability per the divorce agreement as well as amount of the Siemens 401K QDRO for John's shortage to I have also called previously to request an increase in the

where they stand and to get a status on these. telephone calls and emails to follow-up on these fuld see been 4 months since my divorce and I have logged numerous QDRO's from the 3/10/08 divorce. This Thursday it has you last week and this morning regarding the outstanding This email is a follow-up to the conversation that I had with

conversation with Donna with the following email to both of them:

22. On that same date, Ms. Casasanta followed up her telephone

back to Ms. Casasanta on her inquiry.

working on them, and that Donna would investigate their status and get

secretary, Donna. Donna indicated that Ms. Green had the forms, was

Casasanta telephoned Ms. Green's office and again spoke to her

21. Having heard no response from Ms. Green, on July 7,2008, Ms.

and into her briefcase, and that Ms. Green was working on the forms.

Donna. Donna stated that the forms had moved from Ms. Green's desk

Casasanta telephoned Ms. Green's office and spoke to her secretary,

20. Having heard no response from Ms. Green, on July 1,2008, Ms.

someone please let me know what is going on with them? or anything I can do to speed up the process? Would April with the same story. Is there any way that I can help back to me but I have emails dating back to the beginning of keeps telling me they are on your desk and someone will get Do you have the forms you need to complete these? Donna

Casasanta wrote in an email:

19. Having heard no response from Ms. Green, on June 2 p. 6 5, 2008, Ms. p. 7 6

accomplished; by which the client's objectives are to be (2) reasonably consult with the client about the means J..l.LI..l '-''-I. \...-V..l.l.O ....... ..l..lL.10 J."iLA..l..lvl...A. uy L.l. 'v '-' .l.'-L-l-'-'-'v, ;nt-r. ..... mArl 0""" ...... C'c..,...,,+; C'.... ern"l~rarl h"'£T +--h~SA D~ ~ 1=0' J. circumstance with respect to which the client's (1) promptly inform the client of any decision or (a) A lawyer shall:

2 p. 7 6. Rule 1.4 provides:

25. Factual findings set forth above are incorporated by reference.

Rule 1.4ja): Client Communications

Hampshire Rules of Professional Conduct l.4(a) and 8.4(a).

24. Ms. Green's conduct as described herein raises questions under New

n. Stipulation as to Disciplinary Rules Violated

with the Attorney Discipline Office.

Casasanta drafted a letter of complaint against Ms. Green and filed it

23. Having heard no response from Ms. Green, on July 14, 2008, Ms.

look forward to some kind of a response. Thank you for your time in the aforementioned matter and I

regards to these QDRO's. Discipline Office. I have been more than patient with DeVito of the New Hampshire Supreme Court Attorney me no choice but to file a formal complaint with Janet F. can sign off on these within the next 5 days, you are leaving receive a response by the end of today to let me know when I that office is unacceptable as well as unethical. If I do not become absurd. The lack of response and professionalism in this point, I feel my efforts have been fruitless and this has on in the divorce to get the process started. Obviously, at behalf to request that my lawyer do her job like I had to early I do not want to have my boss call your office again on my p. 8 7

simple."

'She was processing the QDRO for the 401 (K), and that it looked"very

30. On NIay 15, 2008, r-v1s. Green indicated in an email to Ms. Casasanta that

meaningful manner to her many inquiries regarding the QDRO for the

QDRO's, and specifically neglected to respond in either a timely or

Green failed to properly communicate with Ms. Casasanta regarding the

29. Between late March and July 14, 2008 (the date of this complaint), Ms.

following the divorce.

request to have the QDRO for her ex-husband's 401(K) finalized quickly

28. Shortly after the divorce, Ms. Green was aware of Ms. Casasanta's

information.

duty to promptly comply with Ms. Casasanta's reasonable requests for

reasonably informed regarding the status of the QDROs. She also had a

2 p. 8 7. Pursuant to that Rule, Ms. Green had a duty to keep Ms. Casasanta

representation. the client to make informed decisions regarding the that such explanation is reasonably necessary to permit matter and alternative courses of action to the extent (b) A lawyer shall explain the legal and practical aspects of a Rules of Professional Conduct or other law. the client expects assistance not permitted by the on the lawyer's conduct when the lawyer knows that (5) consult with the client about any relevant limitation information; and (4) promptly comply with reasonable requests for of the matter. (3) keep the client reasonably informed about the status p. 9 8

disciplinary history, has accepted full responsibility for her misconduct,

reprimand as the appropriate sanction in this matter. Ms. Green has no

37. The Attorney Discipline Office and Ms. Green jointly recommend a

III. Stipulation as to Sanction

as set forth herein, Ms. Green has necessarily violated Rule p. 9 8.4(a).

36. Because there exists clear and convincing evidence of the above violation

(4).

evidence of a violation of Rule l.4(a). See N.H. R. Prof. Conduct 1.4(a)(3)-

35. Ms. Green's failures in this regard constitute clear and convincing

reasonably informed about the status of a matter.

constitutes a violation of her obligation to keep Ms. Casasanta

Ms. Casasanta's reasonable inquiries about the status of the QDROs

34. Ms. Green's failures to respond in a timely and meaningful manner to

that clear to Ms. Green.

Ms. Casasanta wanted the QDRO to be finalized quickly and she made

33. Under the circumstances, Ms. Cas p. 9 8.santa's inquiries were reasonable.

status of the QDRO for the 401(K).

any of Ms. Casasanta's telephone and/ or email inquiries about the

filed her professional conduct complaint, Ms. Green failed to respond to

32. Between May 16 and July 14,200 p. 9 8, the date on which Ms. Casasanta

received from Ms. Green.

3l. Ms. Green's May 15 email was the last communication Ms. Casasanta p. 10 9

7 /Ii I Dated: -=~+ ____, 200 p. 10 9 il/,I D

Dated: ~fe"i/-' -11-" _, 200 p. 10 9 ~ ~ 2=" ---­

bound to the facts and rule violations as stipulated.

to Rule Violations and Sanction, Ms. Green is nonetheless hereafter

Professional Conduct Committee does not agree with the Stipulation as

bound to the facts and rule violations as stipulated. In the event that the

40. Ms. Green understands that by signing this Stipulation, she is hereby

V. Effect of Stipulation

prosecution of this matter.

Office and the Professional Conduct Committee in the investigation and

3 p. 10 9. Ms. Green agrees to pay the expenses incurred by the Attorney Discipline

IV. Costs

reprimand in this matter.

respectfully ask the Professional Conduct Committee to issue a

38. For these reasons, the Attorney Discipline Office and Ms. Green

purposes of attorney discipline in New Hampshire.

and has expressed remorse. A reprimand is consistent with the