Thomas P. Grodt (2010)

as stipulated to by the parties, by clear and convincing evidence:

The ProfessionalConduct Committee has determinedthattherecordsupportsthese facts

contingent on theconditionsset forth below.

with the NH Supreme Court requesting a three year suspension, suspended for three years,

concluding its deliberation, the Committee voted to direct Disciplinary Counsel tofilea petition

following which theCommittee further deliberated the matter onNovember 17,2009. After

acceptable. Counsel for theRespondentand Disciplinary Counselassentedto the supplement,

and to give the parties theopportunityto request oral argumentifthesupplementwas not

afford counsel anopportunityto consider a proposedsupplementto thestipulationofthe parties,

Cole, Gerald A. Daley,RichardH. Darlingand Gretchen Rule Hamel. Thematterwas tabled to

Chair, Toni M. Gray, ViceChair,Thomas P. Connair, Reporter,Susan R. Chollet,David N.

captioned matter. Members present were Margaret H. Nelson, Chair, Benette Pizzimenti, Vice

On October 20, 2009, the ProfessionalConduct Committee deliberatedtheabove THREE YEAR SUSPENSION, STAYED FOR THREE YEARS WITH CONDITIONS RECOMMENDATION TO PETITION THE NH SUPREME COURT FOR A

Grodt, Thomas P. advs.MargaretS.C. Johns # 08-008

Gerald A. Daley* Holly B. Fazzino,Admin. Coordinator Alan J.Cronheim * nonattorneymember Thomas P. Connair David N. Cole JenniferL. Parent Toni M. Gray,* Vice Chair 603-224-5828 ♦ Fax 228-9511 James R. Martin BenettePizzimenti,Vice Chair Concord, New Hampshire 03301 Gretchen Rule Hamel MargaretH. Nelson, Chair 4 Chenell Drive, Suite 102 Richard H. Darling*

improperlyto flow ontotheirproperty.

Ronald and Joyce Doucet, whom Johns-Nowicki allegedwere allowingwater drainage

5. Johns-Nowicki alsoretainedMr. Grodt to bring asecond lawsuitagainsttheirneighbors,

thosedefendantsbased upon Ms. Johns-Nowicki'sallegations.

agents, Kathy Corey-Fox and Mary Goodnow. Mr. Grodt agreed to bring lawsuits against

Brokerage ("Coldwell") and Prudential Verani Realty ("Verani"); and the two real estate

Fowler; the two realestateagencies involved in the sale,Coldwell Banker Residential

property.Johns-Nowicki retained Mr. Grodt to bring a lawsuit against NED and Mr.

4. After the closing, Johns-Nowicki became awareofwater drainage problems with their

November 2006; FilingofFowler and Doucet Cases

closed on March 30, 2005. Mr. Grodt representedJohns-Nowickiat the closing.

3. Johns-Nowicki purchased the property and house from NED in a single transaction which

Energy Designs, Inc. ("NED") to build a house in Londonderry.

referred tocollectivelyas"Johns-Nowicki"),contracted with CraigFowler ofNatural

2. In June 2004, Margaret Johns and Donald Nowicki, husband and wife (hereinafter

Deny, New Hampshire 03038.

Hampshire. In May or Juneof2007, his lawfirmmoved to 4 Peabody Road Annex,

office asThomas P. Grodt, Attorney at Law, at 42 WestBroadway, Deny, New

Road, Londonderry,New Hampshire 03053. In Januaryof2007, heopened his own law

worked forthe law firm ofForman, Corcoran, Grodt & Gerrin,P.A.,at 74Gilcreast

admitted to practice on May 27,1997. At times material to this proceeding, Mr. Grodt

1. Mr. Grodt is anattorneylicensedtopracticelaw inNew Hampshire. Mr. Grodt was p. 3 Page 3of34 they arereferredtocollectivelyas "Verani." this NoticeofCharges refers to themcollectivelyas"Coldwell."The same is true for Verani and Ms. Goodnow; 'BecauseColdwelland Ms. Fox wererepresentedbythesame attorneyand thepleadingsforbothwere identical,

Case, and theCourt (Fitzgerald,J.) deniedJohns-Nowicki'srequestforemergency and

11. On December 19,2006, apreliminaryhearing was held on thepetitionin theDoucet

ofBoutinandAltieri,PLLC.1

McCaffrey & Moffett,PLLC; and theDoucets were representedby Steven A. Clark,Esq.

PLLP; Verani and Ms. Goodnow were representedby Gregory A. Moffett,Esq.of

were representedby PeterG. Callaghan, Esq.ofPreti, Flaherty,Beliveau& Pachios,

PeterM. Solomon, Esq.ofSolomon ProfessionalAssociation;Coldwell and Ms. Fox

10. Throughout thependency ofthelitigation,NED and Mr.Fowler were representedby

Nowicki v.Ronald and Joyce Doucet,"docket# 06-E-0676 ("Doucet Case").

Doucets in thesame Court. The case wascaptioned,"Margaret Johns and Donald

9. On December 4, 2006, Mr. Grodt filed the petition forinjunctivereliefagainstthe

Doucets were not named as defendantsinthe Fowler Case.

Johns andDonald Nowicki vs. NED, et.al,docket #06-C-1056 ("FowlerCase"). The

defendantsinRockingham County SuperiorCourt. The case wascaptioned,"Margaret

8. On November 27,2006, Mr. Grodt filed the writ(containing12 counts)againstthe

prepared by Mr.Grodt to be filed against the Doucets.

against thecontractorand real estate agents, as well as thepetitionforinjunctiverelief

7. On October 5,2006, Johns-Nowicki signed the writpreparedby Mr. Grodt to be filed

was $175.00.

6. Mr. Grodt and Ms. Johns agreed on an hourly feearrangement.Mr. Grodt'shourlyrate p. 4 Page 4of34

Grodt told Mr.McCormack thatanswers would be forwarded by the endoftheweek.

McCormack asked Mr. Grodt abouttheanswersto theColdwell Interrogatories.Mr.

McCormack, Esq., an associateofMr. Callaghan's, appeared for Coldwell. Mr.

18. At the March 5, 2007,hearingon NED's motion todismisstheFowler Case, Michael T.

17. Answers to theColdwell Interrogatorieswere due in 30 days.

and signed by both Ms. Johns and Mr. Nowicki.

"Coldwell Interrogatories")- The Coldwell Interrogatories required responses prepared

interrogatoriesand requests foradmissionson Johns-Nowicki (hereinafter referred to as

16. On or about February12,2007, Coldwell and Ms. Fox,throughcounsel, served one setof

February 2007: Coldwell InterrogatoriesServed

15. Mr. Grodt did not forward a copyofthe January 29, 2007, Order toJohns-Nowicki.

a trial dateofSeptember 20, 2007.

conference,theCourt (McHugh, J.)issuedan Order containinga discoveryscheduleand

14. On January29,2007, a structuringconferencetook placein theDoucet Case. At that

representJohns-Nowickiin the pending litigation.

and opened his own lawfirm,Thomas P. Grodt Attorney at Law. Mr. Grodtcontinuedto

13. In January 2007, Mr.Grodt left his lawfirm,Forman, Corcoran,Grodt & Gerrin,P.A.,

March 5,2007.

thedisputewas subjecttoarbitration.A hearing on themotion was scheduledfor

12. On December 20,2006, NED filed amotion todismisstheFowler case ongroundsthat

January29,2007.

temporary relief. TheCourt scheduled a structuringconferencein theDoucet Case for p. 5 Page 5of34

theinterrogatories. would it bepossiblefor you to e-mail me an editableelectronicversionof To aid me inpreparingthe interrogatory answers in a more readable form,

in the very near future, and the answers to the interrogatorries [sic] as well. responses to these discovery requests. I anticipate the admissions answers Imisunderstood.I have explained, once again, the need forprompt Unfortunately, it seems my clients and I were talking at cross purposes and the hearing, I relayed what had been represented to me by my clients. getting the answers to your admissions and interrogtories [sic] to you. At Thank you for your letterofMarch 20,2007.I apologize for the delay in

McCormack dated March 26, 2007, Mr. Grodt wrote:

23. With respect to the Coldwell Interrogatories previously served, in a letter to Mr.

22. Answers to theVerani Interrogatorieswere due in 30 days.

Nowicki.

Interrogatoriesrequired responses prepared and signed by both Ms. Johns and Mr.

on Johns-Nowicki(hereinafterreferred to as"VeraniInterrogatories").The Verani

21. On or aboutMarch 22, 2007, Verani, through counsel,servedone setofinterrogatories

answers were late, astheywere due onMarch 14,2007.

requesting answers to the Coldwell Interrogatories. Mr. McCormack noted that the

20. On or aboutMarch 20,2007, Mr. McCormack wrote afollow-upletterto Mr.Grodt

reasonablediscovery"beforethe arbitration wasscheduled.

The Court furtherheld,however, thatitwould "allowallparties...to engage in

Order,theCourt heldthatitwould stay thelitigation"untilthearbitrationisconcluded."

ofcontractactionagainstNED and toallowthatcount toproceed toarbitration.In its

19. On March 7,2007, theCourt (McHugh, J.)grantedNED's motion todismissthebreach p. 6 Page 6of34

come in at a later date and sign them. Duringthis meeting, Mr. Grodt did not ask or

Interrogatories.Mr. Grodtindicatedthathewouldreviewheranswersandaskherto

and Mr. Grodt had a lengthy meeting about her draft answers to the Coldwell

anelectroniccopyof heranswersto theColdwellInterrogatories.At thattime,Ms. Johns

29. In or aboutthe first week of Mayin2007,Ms. Johnswent to Mr.Grodt'sofficetodeliver

28. On April30,2007,theCourtgrantedColdwell'srequestfor aconditionaldefault.

previously forwarded to her.

Interrogatories,asMs. Johnshad misplacedtheoriginalcopythatMr. Grodthad

27. On oraboutApril19,2007,Mr. GrodtfaxedMs. Johnsa secondcopyof theColdwell

a motion forconditionaldefaultfor failure toanswer theColdwell Interrogatories.

26. Havingheardnothingfurtherfrom Mr. Grodt,on oraboutApril12,2007,Coldwellfiled

April2007: Answers to Coldwell Interrogatoriesin Default

copyofthe ColdwellInterrogatories.

25. In an emaildated April 2,2007,Mr. McCormack forwardedtoMr. Grodtanelectronic

6,2007,Mr. McCormackwould be filinga motionfor conditional default.

that the answers were due on March14,2007,and if answers were not received by April

Mr. Grodt'sMarch 26 letter. In hisMarch 27 letter, Mr.McCormack informed Mr. Grodt

answers to the ColdwellInterrogatories.Mr. McCormack apparently had not yet received

24. In a letter datedMarch 27, 2007, Mr.McCormack wrote again to Mr. Grodtrequesting

contactme. If you have anyquestionsregardingthismatter,please do not hesitateto p. 7 Page 7 of34

Interrogatories.Mr. Callaghandid notreceiveMr. Nowicki's answers.

34. On or about May 15,2007, Mr. CallaghanreceivedMs.Johns'sanswers to the Coldwell

forresponse. correspondence, Plaintiffs' have exceeded the one month deadline 3. Due to the large amountofresearch necessary to obtain past

2. Plaintiffs'began work on said interrogatories.

33. Also on May 11,2007, Mr. Grodt filed a motionto strike the conditional default,stating:

prepareanswersto theColdwellInterrogatories,no answersby him had beenprepared.

Interrogatoriesto Mr.Callaghan.BecauseMr. Grodtdid not requestthat Mr.Nowicki

32. On or about May 11,2007, Mr. Grodt sent Ms. Johns's Answers to the Coldwell

Interrogatories and to move to strike the conditional default.

Johns-Nowicki, on the basisofMr. Grodt'sfailure to supplyresponsesto the Coldwell

31. On or about May11,2007, Coldwell filed a motion for entryofdefault judgment against

Interrogatories.

Grodt did notmention to her any need for Mr.Nowicki toanswer theColdwell

30. On May 11,2007,Ms. Johns returned to Mr. Grodt's office and signed her answers. Mr.

to theColdwell Interrogatories.

otherwisediscusswith Ms. Johns the need for Mr.Nowicki toprovideseparateanswers p. 8 Page 8 of34

academic in natureatthistime. [sic] that discussionofnonsuiting a party andofdefault etc., is at best pending arbitration per the court orderofMarch 7, 2007. Thus, I believer Inaddition,thecurrentstatusofthe entire case is that it issuspended

point I believe it is premature to discuss nonsuiting Ms. Corey-Fox. have known of. Although I will discuss your issueswith Ms. Johns,at this inform Ms. Johns and Mr. Nowicki ofconditionsthatshe knew or should known or thatshould have beenknown to her, or byfailingtoproperly Corey-Fox can be liable by either explicit misrepresentationofconditions misrepresentations may be both explicit and by omission. Thus, Ms. Finally, with respect to the potential liabilityofMs. Corey-Fox,

alsonextweek. IfI am mistakenin this myapologies. endeavor to have them answered overtheweekend to bereturnedto you convenienceand I will make sure that he receives themposthaste and will electroniccopy ofMr. Nowicki'sinterrogatoriesat yourearliest However, I willcontinueto search could youpleaseprovideme an alwayspossiblethat I am mistaken and that I havereceivedthem. only Ms. Johns Interrogatories and not Mr.Nowicki's.Of course it is assistantofmy mail log, my files, scanneddocuments,and emailsturns up With regard to Mr.Nowicki'sinterrogatories, a search by my part time

your letter as early as possible next week. by that time have discussed your issues with Ms. Johns. I will respond to issueswith her tomorrow. I willreturntotheofficeon Tuesday and will matters,but Ihave calledMs. Johns and willdiscussher answers and your interrogatory answers. I have been outofthe office this week on other Thank you for your letterofMay 15,2007 regardingMs. Johns'

37. In a letter to Mr.Callaghandated May 17,2007,Mr. Grodt wrote:

any answers from Mr.Nowicki.

arguing that he had received only partial answers from Ms. Johns and had not received

36. On May 15,2007, Mr.Callaghanalso filed anobjectionto Mr.Grodt'smotion to strike,

Interrogatories.

answers. He alsonoted that Ms. Johns hadprovidedonlypartialanswers to theColdwell

35. Mr. Callaghanwrote a letterdated May 15 to Mr.Grodt inquiringabouttheNowicki p. 9 Page 9of34

VeraniInterrogatories,which he noted were due on April 21, 2007.

44. In a letterto Mr.Grodt datedJune 26, 2007, Mr.Moffettagainrequestedanswers to the

43. Mr. Grodt did not file a response to the motion to reconsider.

had not filed anyanswersto the Coldwell Interrogatories.

on grounds that, contrary to Mr. Grodt's assertion in the motion to strike, Mr. Nowicki

42. On June 11,2007,Mr. Callaghan filed a motion to reconsider the May30,2007,Order,

conditionally entered in connection with the Coldwell Interrogatories.

41. On May 30, 2007, the Court granted Mr. Grodt's motion to strike the default

to theVerani Interrogatorieswere overdue.

40. In a letter to Mr. Grodt dated May29,2007,Mr. Moffettinformedhim that the answers

Tom

answers asap. questions, evenifthe answers will be the same. I will endeavor to get his because he misunderstood thatboth he and MJ were to answer the same left messages and emails asking for his responses. The problem arose Hi Mike I did notrealizethat Mr.Nowicki istravelingto Seattle.I have

39. In an email to Mr.McCormack in theafternoonon May 18,2007, Mr. Grodt wrote:

tomorrow. My apologies for the delay and themisunderstanding. Nowicki's interrogatoryanswers. They will beforwardedto you Arty McCormack, I have corrected the misunderstanding regarding Mr.

38. In an emailto Mr.McCormack laterin the day on May17,Mr. Grodt wrote:

contactme. Ifyou have any questionsregardingthismatter,pleasedo not hesitateto p. 10 Page 10 of34

clients.

49. Mr. Grodt did not file an objection to the motion for summaryjudgment on behalfofhis

connectionwith allclaimsagainstColdwell.

48. On or about July 23, 2007, Mr. Callaghan filed a motion forsummary judgment in

July2007: Coldwell FilesMotion forSummary Judgment

office thisafternoon437-2600. Thanks a lot,I'lltalk to you later. I'm in the office um,I'm in court this morning and will be back in the certainly by the endofnext week at the latest. If you have any questions, signaturesas well and will have that for youjustas soon as I can but and has been for a while on businessum and I'm takingcareofDon's supplementalanswers for you by the endofnext week. She isoutoftown objectionsto theinterrogatoryanswers and the like, I willhave and goteverythingmore or less working and inrespondingto your Goodall that stuff. Anyway, I got your letter and I finallymoved my office Hi Greg,it'sTom Grodt, calling about theMargaretJohns, Nowicki,

followingvoicemailmessage:

47. On or about July 18,2007, Mr. Grodt telephonedMr. Moffett'sofficeand left the

Thank you foryour attentionto this matter.

setofinterrogatoriesto both Ms. Johns and Mr.Nowicki. indicating who supplied these answers. As you will recall, we provided a review the documents you sent and provide us with asignaturepage case name or, more importantly, a signature page. Would you please However, the packet received did not have either aheadingpage with the Thank you for what appears to be the answers to our interrogatories.

Woodworm, wrote:

46. In a letter to Mr. Grodt dated July11,2007, Mr.Moffett'slegal assistant, Pamela

containing responsive documents to the Verani Interrogatories.

45. On or about July11,2007,Mr. Grodtforwardedto Mr. Moffett a packet of material p. 11 Page 11 of34

54. On September7, 2007, the CourtgrantedVerani'smotion for conditionaldefault.

about August 29, 2007, Verani filed a motionforconditionaldefault on that basis.

53. Having received no signature pages for the answers to the VeraniInterrogatories,on or

judgment, stating "No objection filed."

52. On August 28, 2007, the Court issued an Order grantingColdwell'smotion for summary

Express.

Ms. Woodworm sentthe above letterto Mr. Grodt viatelefax,email,and Federal

Thank you for yourattentionto this matter.

Default. are prepared to go forward with the filingofMotion for Conditional Friday,August 24, 2007.Ifwe do not receive therequiredanswers,we This is torequestthat you provide signed answers tointerrogatoriesby

interrogatorieshave been outstandingsince April 21, 2007. from youregardingwhen we might expect to receive them.These eitherMs. Johns or Mr.Nowicki nor have wereceivedany furtherword have notreceivedsigned or supplemental answers tointerrogatoriesfrom providesignedand supplementalanswers "by the endofnextweek." We message toAttorneyMoffettofJuly18,2007 indicatingthatyou would I am writinginfollowup to myletterofJuly11,2007 and your telephone

Woodworm, wrote:

51. In aletterto Mr.Grodt datedAugust 22,2007, Mr. Moffett'sLegal Assistant,Pamela

proceed withMargaretJohns being the sole Plf."

orderstrikingthedefault,holding:"Plf.Donald Nowicki isdefaulted.The case will

50. On August 20, 2007, the Court grantedColdwell'spendingmotion toreconsiderthe p. 12 Page 12 of34

61. Mr. Grodt filed noobjectionto thismotion.

to payColdwell'sattorney'sfeesin theamountof$15,905.72.

60. On October 18,2007,Coldwellfiled a motion requesting the Court orderJohns-Nowicki

October 2007: Coldwell FilesMotion for Attorney'sFees;

voluntary nonsuit in the Doucet Case.

59. In an Order dated October18,2007, the CourtgrantedMr. Grodt'smotion for entryof

ofthisconversation.

Althoughhedoesnotrecalltheconversation,Mr. GrodtdoesnotdisputeMs. Johns'srecitation

same answer. Nothing." Ms.Johnsrepeatedherquestion;Mr. Grodt supplied the cases before leaving the country, and Mr. Grodt responded: "No. asked him whether there was anything she needed toknow (or do) on her Johns spoke to Mr. Grodt in theparkinglotoftheir health club and long triptoChina,departingon October5,2007. InlateSeptember,Ms. InlateSeptember2007, Ms.Johnswas preparingto leavefora month-

58. Ms. Johns has a clearmemory ofthe following:

57. Mr. Grodtdid not file aresponseto the motionfordefaultjudgment filed byVerani.

providetheanswersto theVeraniInterrogatories.

the basisofboth Johns-Nowicki'sfailure tomove to striketheconditionaldefaultand to

56. On oraboutSeptember26,2007,Veranifileda motionforentryofdefaultjudgmenton

Nowicki, Mr. Grodt filed a motion for entryofvoluntary nonsuit in the DoucetCase.

55. Onor aboutSeptember19,2007,and withoutany priorcommunicationwithJohns-

September 2007: Voluntary Nonsuit Filed in Doucet Case; p. 13 Page 13 of34

motions for default, for summaryjudgment, for attorney's fees, and other pleadings in the

case files. Mr. Grodt does not dispute that it was on that date that she first learnedofthe

that,afterspeakingwith Mr.Grodt,Ms. Johnswentto the Court and madeacopyof her

66. AlthoughMr. Grodtdoes nothavepersonalknowledgeof thesefacts,he does notdispute

her case before deciding whether to terminate him.

a caseagainstNED and Mr.Fowler.Mr. GrodtaskedMs. Johns to thinkfurtherabout

Mr. Grodt told her that, while they no longerhad a case against the realtors, they still had

different attorney whom he did notproperlysupervise and who had neglected the case.

told Ms. Johns that the default judgment was his fault; he had sent the case out to a

judgment.Ms. JohnstoldMr. Grodtshewas consideringterminatinghim. Mr. Grodt

65. Laterthatmorning,Ms. Johns wenttoMr. Grodt's office and asked him about thedefault

againsther in the FowlerCase for over$15,800.

Associates,telephonedMs. Johnstoinformherthathe hadlearnedof adefaultjudgment

64. On November 9, 2007, in themorning,Thomas Corcoran, Esq.,ofForman, Corcoran &

November 2007: Ms. Johns Terminates Mr. Grodt

awarded to defendantColdwell Banker inthesum of$15,905.72." basis and escaperesponsibilityby merelydroppingthe case.Judgmentis condonedby theCourt.Peoplecannotbringa lawsuitwithout a good faith "Motion granted. This type ofoutragious[sic] conduct cannot be

fees,holding:

63. In an Order dated October31,2007,the Court grantedColdwell'smotion forattorney's

judgment.

62. In an Order datedOctober22, 2007, the Court grantedVerani'smotion fordefault p. 14 Page 14 of34

fault, and that I would be responsible for the costofthejudgment oflegal office,obviouslyupset and I explained what had gone wrong, how I was at Upon the noticeofdefault and awardoflegal fees, Ms Johns came to my

Johns would be well represented.... the time, that I had managed to team withanotherattorneyand that Ms. a letter to Ms. Johns explaining what was happening. I felt comfortable, at our teaming together on this matter. I provided him with the case file and significantly more experience in arbitrationthan I had and we discussed In Ms.John's[sic] case, I had met an attorney who indicated that he had

Grodt wrote:

73. With respect to having sent theJohns-Nowickicase out to an unnamed attorney, Mr.

complaint.

72. In a letter dated January 30, 2008, Mr. Grodt replied to Ms.Johns'sprofessional conduct

filedon Johns-Nowicki's behalf.

71. On December 18,2007,the Court denied the motion toreconsiderwhich Mr. Scott had

with theAttorneyDisciplineOffice.

70. On or about November 19,2007,Ms. Johns filed a letterofcomplaintagainstMr. Grodt

attorney'sfees.

69. On or aboutNovember 15,2007, Mr. Scott filed amotion toreconsiderthe awardof

terminatedhisservices.

68. In a letterdatedNovember 9,2007,Ms. Johns wrote to Mr.Grodt and formally

retained Michael J. Scott, Esq.,ofScott & Scott, PA to represent Johns-Nowicki.

she was terminating him. Mr. Grodt does not dispute that, on that date, Ms. Johns

67. Later in the day onNovember 9,2007,Ms. Johns orallycommunicated to Mr. Grodt that

pleadings prior to November9,2007.

Fowler andDoucet cases. Mr. Grodt does not dispute that she had seen noneofthese p. 15 Page 15 of34

77. Mr. Grodt did not respond to Mr.DeHart'sApril 4, 2008, inquiry.

(Emphasis inoriginal.)

explainingthe referral. attorney.Finally,we need a copyofthe letter you wrote to Ms. Johns In addition,enclosecopiesofall transmittal letters to and from said

attorney. Pleasepromptly disclose to this Office, in writing, the nameofthe

that you providedhim witha copyofMs. Johns' file. anotherattorneywith morearbitrationexperiencethan you.You stated In your letterofJanuary30, 2008, youreportedthat you teamed with

Office,wrote:

GrodtdatedApril 4,2008,James L.DeHart,GeneralCounselforthe AttorneyDiscipline

his clients had been paid the attorney's feesawardedby the Court. In a letter to Mr.

76. In a letterto the CourtdatedFebruary20,2008,Mr. Callaghaninformed the Courtthat

feesowed to Coldwell and Ms. Fox.

75. Onor aboutFebruary13,2008,fullpaymentwas made by Mr. Grodtfortheattorney's

lettertoMs. Johnsexplainingthathehad senthercaseout to adifferentattorney.

copy ofa letter Mr.Grodt had writtento Ms.Johns-Nowicki. Mr. Grodt did not write a

74. Lines 4-5 ofthe above letter refertoMr. Grodthaving provided his "teammate" with a

own fault and I accept the responsibility for it. diligentlymonitortheotherattorneyand thestatusofthelitigationis my not matterwhat my "team mate" did or did not do.The failure to This is afailureon mypart,not onanyoneelse'spart.Ultimately,it did

may be pending for any damages that may incur. havealsoput mymal-practicecarrieron noticethat amal-practicesuit him. Iimmediatelybeganto setasidemoney towardthisjudgment.I fees.I attempted to contact my "team mate" but was unable to contact p. 16 Page 16of34

themotionfor defaultjudgmentfiledbyVerani;(e) he failed to cure theconditional

responsetoColdwell'smotionforsummary judgment;(d)hefailedtofilea responseto

andtimelyanswerstoColdwell'sand Verani'sInterrogatories;(c) hefailedtofilea

and Verani aboutJohns-Nowicki'sanswers to interrogatories; (b) he failed to file proper

ways:(a)hefailedtorespondproperlyand in atimelymannertocounselforColdwell

80. Mr. Grodtfailed to providediligentrepresentationtoJohns-Nowickiin thefollowing

Nowicki.

79. Mr. Grodthada dutyto actwithreasonablepromptnessanddiligenceon behalfofJohns-

HampshireRulesofProfessionalConduct1.3(a);1.4(a)-(c);8.1(a);8.4(c)and8.4(a).

convincingevidencethatMr.GrodtviolatedtheRulesofProfessionalConductasfollows:New

stipulatedtoandtheProfessionalConductCommitteeconcludesthatthereisclearand

The above-listedfacts having beenfoundby clear and convincing evidence,the parties

solelyresponsible.

abouthismishandlingof theJohns-Nowickicaseand did not wantto admitthat he was

Mr. Grodtadmittedthat he did notgivethefileto adifferentlawyer;he wasembarrassed

Eventually,however,Mr. Grodtadmittedthathisstoryabouttheotherlawyerwas false.

havingsenttheJohns-Nowickifileto adifferentlawyer,butprovidedmore details.

AttorneyDisciplineOffice.Duringthatmeeting,Mr. Grodtreiteratedhisstoryabout

78. On December5,2008,Mr. GrodtmetwithDisciplinaryCounseland Mr.DeHartat the p. 17 Page 17 of34

reason he thought a nonsuit wasnecessaryin the Doucet Case, and otherwise seek their

answersto the Coldwell and VeraniInterrogatories;(c) inform Johns-Nowickiofthe

Nowickiwouldhaveunderstoodthattheywereeachrequiredtofilea separatesetof

Johns-Nowickithe propermethodofansweringinterrogatories,so that Ms. Johns andMr.

communicatethesubstanceofthosepleadings,motionsand orderstothem;(b)explainto

motionsfordefaultjudgmentand/orattorney'sfees,and summary judgment,orotherwise

to:(a)copyJohns-Nowickionimportantpleadingsand ordersintheircases,including

86. Mr. GrodtviolatedhisobligationtocommunicateproperlywithJohns-Nowickiby failing

permithis clientsto makeinformeddecisionsregardingtherepresentation.

85. Mr. Grodtalsohad adutytoexplainthelegalandpracticalaspectsof thematterso as to

theircasesand topromptlycomplywithreasonablerequestsforinformation.

84. Mr. Grodthad adutytokeepJohns-Nowickireasonablyinformedregardingthestatusof

violationofN.H. R. Prof. Conduct1.3(a).

83. Mr. Grodt'sfailuresintheseregardsconstituteclearand convincingevidenceof a

relationship.

behalfcausedavoidableharm bothtohisclients'casesandto thelawyer-client

82. Mr. Grodt'sfailuresto actwithreasonablepromptnessand diligenceon hisclients'

promptness and diligenceon behalfofhisclients.

81. Mr. Grodt'sconduct as described above constitutes the failure to act with reasonable

forattorney'sfees.

defaultsfiledby Coldwelland Verani;(f)and he failedtorespondtoColdwell'smotion p. 18 Page 18of34

DisciplineOfficetobelievethattheunderlyinglackofdiligenceintheJohns-Nowicki

91. At thetime thathe made his falsestatements,Mr. Grodt intendedtoinducetheAttorney

that his statementsconcerningthe other lawyer were false.

90. DuringtheDecember5 meetingat theAttorneyDisciplineOffice,Mr. Grodtadmitted

lawyer.

interrogatoriesandotherpleadings.Mr. Grodtstatedthathefailedtosupervisethisother

Johns-Nowickicase to a different lawyerand that that lawyer had neglected to answer the

Office on December 5, 2008, Mr. Grodt reiterated hisstatementthat he had sent the

89. Duringa meetingwithMr. DeHartand DisciplinaryCounselat theAttorneyDiscipline

not properly supervise the "team mate."

letter, he stated that the "team mate" did not properly handle the case, and Mr. Grodt did

attorney(whom Mr. Grodtreferredto intheletteras his"teammate").InMr. Grodt's

complaint,Mr. Grodtstatedthathehad senttheJohns-Nowickicaseto adifferent

88. InMr. Grodt'sreplydatedJanuary30,2008,toMs. Johns'sprofessionalconduct

Rule 8.1(a): FalseStatementstoDisciplinaryAgency

evidenceofviolationsofN.H. R. Prof.Conduct 1.4(a)-(c).

87. Mr. Grodt'sfailuresto communicate with Ms. Johns constituteclearand convincing

hisrepresentation.

Nowickiabout the defaultjudgment that the Court had entered against them as a result of

about the statusoftheir cases before her departure to China; and (e) inform Johns-

inputon thatissue;(d)respondtoMs. Johns'specificinquiriesin lateSeptember2007, p. 19 Page 19 of34

violationofN.H. R. Prof.Conduct 8.4(c).

97. Mr. Grodt's conduct in this regard constitutes clear and convincing evidenceofa

own failure tosupervisethat attorney.

diligenceon her cases was due to thefailureofanotherattorneyas well asMr. Grodt's

96. Mr. Grodt intended thereby to induce Ms. Johns to believe that the underlying lack of

statementsthat theywere false.

Grodtfailedtosupervisewerefalse,andMr. Grodtknew at the time he madethe

95. Mr. Grodt'sstatements about having involved a different attorney in the case whom Mr.

handle her case, and that Mr. Grodt had failed to supervise that attorney.

judgment,Mr. GrodttoldMs. Johnsthathehad collaboratedwith adifferentattorneyto

94. On November 9, 2007, when Ms. Johns confronted Mr. Grodt about the default

material fact to a disciplinary agencyin violation of N.H. R. Prof. Conduct 8.1(a).

statements to that effect, constitute clear and convincingevidenceoffalse statementsof

"team mate" towhom he sent theJohns-Nowickilitigation,and hissubsequentoral

93. Mr. Grodt's written statement in his January30,2008,letter about the existenceofa

attorneydisciplinematter.

Johns-Nowickilitigation, and theAttorneyDisciplineOffice's prosecution of this

a fact material to the AttorneyDisciplineOffice's investigationofthe handling of the

92. The involvementof apurportedsecondlawyerin thisprofessionalconductcomplaintwas

litigationand Mr. Grodt's failure tosupervisethatlawyer.

litigationwasdue to thefailureof adifferentlawyertotimelyperformworkin that p. 20 Page 20 of34

Case, 149 NH 19,28 (2002).This sanctionis also inaccordwith theABA Centerfor

with thepurposesofattorney discipline as described by the N.H. S. Ct. See,e.g.,Feld's

integrityofthe legalprofession.The Committee believesthat thissanctionis in accord

to perform legalservicesand practice law withoutcausingharm to thepublicor to the

health; and (c) so long as he abides by theconditionsofthe stay,Respondent will be able

monitoringand reportingon Respondent'spractice,as well as hisphysicaland mental

perform legal services during the periodofthe stay; (b) conditionsofsuspension include

concernsas follows:(a)Respondent can beadequatelysupervisedas hecontinuesto

suspensionunder conditionsin this case isappropriatebecauseitsatisfiestheCourt's

ofthe public and thepreservationofthe integrityofthe legalprofession."A stayed

attorneys"upon such terms and conditions as the court deems necessary for the protection

2. New Hampshire Supreme Court Rule 37(16)(f)provides that the Court may suspend

discipline by theNew Hampshire Supreme Court.

conditions.The three-yearperiodshall begin to runupon theentryofan orderof

for three years,duringwhich periodtheRespondent shall bemonitored and subjectto

1. Respondent'slicense shall be suspended for three years. The suspension shall be stayed

The Committee recommends the followingsanctiontowhich thepartiesagree:

herein, Mr.Grodt has necessarilyviolatedRule 8.4(a).

98. Because thereexistsclearand convincingevidenceoftheabove violationas set forth

thatdoctor(or anydoctor,therapist,or othermental healthprofessional

depression,and (b)comply with alltreatmentrecommendations made by

supplement,adjust, and monitor themedicationsthattreathisanxietyand

InternalMedicine AssociatesofDeny, New Hampshire, oversee,

hisdoctor,currentlyDr.RichardP.LaFleurofSouthernNew Hampshire

Respondent has experienced.Respondent agreesto: (a)continuehaving

been successfulintreatingthesymptoms ofanxietyand depressionthat

confirm thatthemedicationshe istakingareextremelyeffectiveand have

beingmonitoredby his doctor.Respondent and histreatingprofessionals

professionaland takemedicationforanxietyand depression,which is

(1) Respondent shallcontinuetoundergo therapywith a mental health

B. Mental Health Treatment:

Hartigan,Esquire.

ofNew Hampshire Lawyer's AssistanceProgram (NH LAP), currentlyCecileB.

A. Monitor: The Monitorfor the three-year period shall be the Executive Director

between thepartiesand isrecommended by theCommittee:

3. The conditions ofthe three-year stayofsuspension asoutlinedbelow is an agreement

sanctions).

formally adopted these Standards, the Court has considered them when imposing

Shillen's Case, 149 N.H. 132, 139 (2003) (noting thatalthoughtheCourthas never

ProfessionalResponsibility, StandardsforImposingLawyer Sanctions (1991). See, e.g., p. 22 Page 22 of34

and/orexaminerecordspertainingtocounselingandmedicaltreatment,

(a) tocommunicatewiththedoctorsandmentalhealthprofessionals

Monitorand DisciplinaryCounselatany timeduringthethree-yearperiod

counselingreceivedbyRespondent.The releaseshallpermitboththe

Disciplinary Counselofany issues involving the medical treatment or

mental healthprofessionalstreatingRespondentto advise the Monitorand

(3) Respondentshallexecuteareleasepermittingthedoctorsand any other

theextended period.

report shall besubmittedon thefollowingreporting date and shall cover

Agreement.Ifthefirstreportwouldcoverlessthanthirty(30)days,that

June 30 andDecember31 ofeachcalendaryearduringthetermof this

treatmentrecommendationsof the doctor. The reports shall be due as of

thetreatmentprescribedbythatdoctor,and iscomplyingwithall of the

scheduledappointmentswiththatdoctor,ismeaningfullyparticipatingin

addressissuesincludingwhetherRespondentistimelyappearingathis

progressinthetreatmentrecommendedby thatdoctor.Each reportshall

yeartimeperiod)informingtheMonitorofRespondent'sparticipationand

Monitor,witha copytoRespondent,everysixmonths(withinthethree-

(2) Respondentconsentstodirectinghisdoctortosendareporttothe

recommendedby thatdoctor,throughouttheperiodof thestay.

prescribedmedicationinsuchamountsand withsuchfrequencyas

who ispartofRespondent'streatmentteam),includingthetakingofany p. 23 Page 23of34

(6) A failureonthepartofRespondenttoappearat ascheduledappointment

thestayedsuspension.

circumstances,asgroundsforfilinga motiontoimposeall or aportionof

informationmay beconsideredbyDisciplinaryCounsel,dependingon the

alawyer.The Monitorshall,inturn,sonotifyDisciplinaryCounsel.Such

raisesa questionas toRespondent'shonesty,trustworthiness,orfitnessas

professionalshalladvisetheMonitorimmediatelyofany conductthat

(5) Atany timeduringthetermofthisAgreement,any doctorormentalhealth

followingreportingdateandshallcovertheextendedperiod.

would cover less thanthirty(30)days,that report shall besubmittedon the

December 31 ofeach calendar year during the term. If the first report

quarterlyreportsshallbedue on March 31,June30,September30,and

healthconditionimpedesoccupationalfunctioningas alawyer.The

recommendationsof thatprofessional,andwhetherRespondent'smental

whetherRespondentiscomplyingwith all of the treatment

appearingathisscheduledappointmentswitheachsuchprofessional,

recommended treatment orcounseling,whether Respondent is timely

addressingwhetherRespondenthasmeaningfullyparticipatedin any

doctor treatingRespondentshall provide a report to the Monitor

(4) Everythreemonths,eachmentalhealthprofessionalotherthanthelead

this counselingand therecommendedmedicaltreatment.

and (b) toconfirmRespondent'songoingandmeaningfulparticipationin p. 24 Page 24 of34

rejecttheMentor proposedby theRespondent. DisciplinaryCounsel shall

(2) The Monitor shall, in the firstinstance,have theauthoritytoacceptor

subparagraph(2) shall apply.

Respondent proposesa replacementmentor in the future, theprovisionsof

mentor. To theextentthat theproposedmentor isnot approved or

thattheMonitor and DisciplinaryCounsel willapprove thisproposed

Jon Liland,Esq.,ofSheehan,Phinney,Bass & Green, Hanover, NH, and

that he willproposeacceptanceofhiscurrentNHLAP volunteermentor,

for lawpracticemanagement and organization.Respondent anticipates

proposeto theMonitor a Mentor attorney toserveas Respondent'sMentor

(1) Respondent shall within seven (7) daysoftheCourt'sorderin this case,

Mentor:

intreatmentprofessionals.

(7) Respondent shall notify theMonitor withinseven (7) daysofany change

all or aportionofthe stayedsuspension.

dependingon the circumstances, as grounds for filing amotion to impose

Counsel,and such failure may beconsideredby DisciplinaryCounsel,

any member ofthe treatment team, theMonitorshall notify Disciplinary

fail toappearwithoutgood cause at two consecutiveappointments,with

the doctor (or other memberofthetreatmentteam). Should Respondent

good cause, is to becommunicated to theMonitor as soon aspossibleby

with any doctoror therapist(oranyone withinthetreatmentteam),without p. 25 Page 25 of34

filing a motion to impose all or a portionofthe stayed suspension.

Disciplinary Counsel, depending on the circumstances, as grounds for

notify Disciplinary Counsel. Such information may be considered by

trustworthiness,or fitness as a lawyer.The Monitor shall,inturn,so

Respondent that raises a question as to theRespondent'shonesty,

(5) The Mentor shall promptly advise the Monitorofany conductof

and organization or any other changesrecommended by the Mentor.

Respondent'simplementationofany suggested law practice management

permitting the Mentor to advise the Monitor at least quarterly regarding

(4) Upon designationofthe Mentor,Respondent shallexecutea release

Mentor on other issuesmaterialto the Respondent's quarterly report.

and willraisefordiscussionwith and seek recommendations from the

Respondent shall also meet in person with the Mentor on a periodic basis

Mentor'srecommendations for improvements toRespondent'spractice.

condition and managementofRespondent'spractice, as well as to seek the

weeks to raise any issues that Respondent may have on the status,

(3) Respondent shall contact the Mentor by telephone at least once every two

objections.

the authority to appoint a Mentor notwithstanding Respondent's

DisciplinaryCounsel'sauthority to reject a Mentor, the Monitor shall have

every effort to agreeto amutuallyacceptableMentor, but, subject to

have finalauthority. If rejected, the Respondent and Monitor shall make p. 26 Page 26of34

filing a motion to impose all or a portionofthe stayed suspension.

DisciplinaryCounsel,dependingon thecircumstances,asgroundsfor

(3) Any material violationof a termof NH LAP may beconsideredby

Disciplinary Counsel about all aspectsofhis involvement in NH LAP.

the NH LAP, as theMonitor in thisAgreement, tocommunicate with

(2) Respondent shall executeareleasepermittingthe Executive Directorof

March 17,2009.

the NH LAP andRespondent'sNH LAP ParticipationPlan dated

(1) Respondent shall comply with all terms andconditionsimposed on him by

D. New Hampshire Lawyer's AssistanceProgram:

the stayedsuspension.

circumstances, as grounds for filing a motion to impose all or a portionof

failuremay be consideredby DisciplinaryCounsel,depending on the

been shown, theMonitor shallnotifyDisciplinaryCounsel ofany such

two consecutiveappointmentswith theMentor and good causehas not

reportedto theMonitor immediately.IftheRespondent fails toappearat

scheduledappointmentwith theMentor, shallbe noted by theMentor and

(6) Except for good cause shown,Respondent'sfailure toappearat any p. 27 Page 27of34

Counsel within seven (7) daysofany changeofemployment. To the extent that

G. Change ofEmployment: Respondentshallnotifythe MonitorandDisciplinary

and proofin each yearthereafter.

thirty (30) days of the date ofcommencement ofthe three-yearterm of stay

(2) RespondentshallprovidetheMonitorwith proof of suchinsurancewithin

$300,000.00.

than $100,000.00 per occurrenceand an aggregate amountofnot less than

Respondentshallmaintainmalpracticeinsurance in an amount of not less

existenceand extentoflegal malpractice insurance coverage, then

ofProfessional Conduct would require disclosure by Respondentofthe

(1) If Respondent is in a practice setting in which the Rule1.17ofthe Rules

F. Malpractice Insurance:

necessary,the PCC) regardingdispositionofsuch charge.

been investigatedand adeterminationhas beenmade by the ADO (or,if

ofthethree-yearperiod, the stay shall beextended untilsuch chargehas

(3) In the event the ADO receives agrievance/complaintat or prior to the end

does not, in itself,constitutea violationoftheterms ofthe stay;

allegingthatRespondenthas violated the RulesofProfessionalConduct

(2) Receiptofa grievance/complaintby theADO duringthethree-yearterm

ProfessionalConduct;

(1) Respondent shall not engage inconductthatiscontraryto theRules of

E. Compliance with Rules ofProfessionalConduct: p. 28 Page 28 of34

(c) descriptionofissuesdiscussedwith theMonitor and actions taken

(b) any change inresidence,maritalstatus,or employment;

(a) locationand descriptionofemployment;

following:

quarterlyreportshallinclude,butshallnot necessarilybe limitedto, the

on thefollowingreporting date and shallcovertheextendedperiod. Each

reportwould coverless than thirty (30) days,thatreportshall besubmitted

30,and December 31 ofeach calendaryearduringtheterm. Ifthe first

quarterlyreports shall be due on or beforeMarch 31,June 30,September

describeand attestto hiscompliancewith theconditionsofthe stay. The

conditionofhis physical and mental health.Respondent shall also

concerningthe statusofRespondent'spracticeoflaw, as well as the

(1) Respondent shall submit written quarterlyreportsto theMonitor

I. Reporting Responsibility:

Monitor ofsuccessfulcompletion.

standards established by the BoardofBar Examiners and provide proof to the

pass the Multi-State Professional ResponsibilityExamination according to the

prior to the terminationofthe three-year periodofstay, Respondent shall take and

H. Multi-StateProfessionalResponsibilityExamination: At least six (6) months

have been put into place for managing the practice.

consultant within three months ofopeningan office, to review thesystemsthat 

Mr. Grodt enters into privatepractice,he shall engage a law office management p. 29 Page 29of34

by Respondent'sMonitor.

(3) Respondent'squarterlyand finalreportsshallbereviewedand approved

reportandaffirmationshallbeservedon DisciplinaryCounsel.

Respondenthascompliedwithalltermsof thestay.A copyof thefinal

period.The reportshallbeaccompaniedby anaffirmationthat

later than fifteen(15)days, prior to the last dayofthe three-year time

Monitor addressing the same issues no earlier than thirty (30) days, nor

(2) In additionto allquarterlyreports,afinalreportshallbesubmittedto the

(i) an affirmationattestingto Respondent'scompliancewith theRules

(h) arrests and criminal charges;

(g) a descriptionofany claims or threatened claims, civil, criminal or

(f) any civil judgment entered against Respondent;

(e) any civil lawsuit filed againstRespondent;

(d) description ofRespondent'sphysical and mental health, natureof

the PCC requesting that it impose six monthsofthe stayed suspension.

reportedevent is amaterialviolation,DisciplinaryCounselmay file amotionwith

B. If DisciplinaryCounselconcludesthat, inDisciplinaryCounsel'sopinion,the

any additional informationregardingthe reported event.

appropriate.Respondentshall havethe rightto provideDisciplinaryCounselwith

conduct such further investigation,ifany, thatDisciplinaryCounsel deems

termsofthis Agreement. In making that determination, Disciplinary Counsel may

opinionofDisciplinaryCounsel,thereportedeventis amaterialviolationof the

Disciplinary Counsel shall considerthe report and shall determine whether, in the

with any term or conditionofthe Agreement, or his general fitness to practice law,

A. If the Monitor reports issues or concerns with respect toRespondent'scompliance

to impositionofthe full three-year termofsuspension.

Agreement near the endofthe three-year time period, he would, nonetheless, be subject

thestayedsuspension.For example,ifRespondent were toviolatea conditionofthis

a violationofthisAgreement and shall begroundsforimpositionofall or anyportionof

Failure tocomply with any ofthe terms andconditionsofthisAgreement shallconstitute

the termsofthesuspensionorder andorderhislicensereinstated.

to motion with the Supreme Court to findRespondentin compliance with

Professional Conduct Committee (PCC),Respondentmay file an assented-

affirmation, and the issuanceofa certificationofapproval by the

(4) Following Disciplinary Counsel's receiptofthe final report and p. 31 Page 31of34

8(E)(1).Thisparagraphshallnotbe construedtoaltertheburdenofproof

materialviolation of a term of thisAgreement,includingthe term inparagraph

burdenofproofappliestoany allegationthatRespondenthascommitteda

Agreementand impositionofthestayedsuspensioniswarranted.Thislower

evidencetoestablishthat there has been amaterialviolationofa termofthis

E. DisciplinaryCounselshallhavetheburdenofproofbya preponderanceofthe

impositionof thestayedsuspension.

conductedtoallowDisciplinaryCounseland Respondenttoaddresstheissueof

suspensionshouldbe grantedordenied.Unlesswaived,oralargumentswillbe

hearing,thePCC shalldeterminewhetherthemotionrequestingimpositionofthe

D. Followinganevidentiaryhearing(ifrequested),orthedenialof arequestforsuch

Court Rules 37 and37A (with certain exceptions noted herein).

hearing,theprocessshallthereafterbegovernedby New HampshireSupreme

hearingand for oralargument.If thePCC grantsa request for anevidentiary

before the Committee. The PCC shall rule upon any request for an evidentiary

motion, to request an evidentiary hearing thereon, and to request oral argument

C. Respondentshall have the righttorespondin writingtoDisciplinaryCounsel's

months.

Court for impositionofany portionofthe stayedsuspensiongreater than six

request,DisciplinaryCounsel may be directed by the PCC to petition the Supreme

greaterportionofthe stayed suspension. In the event that the PCC grants such

Disciplinary Counsel may also move the PCC to recommend impositionofa p. 32 Page 32 of34

filedduring thethree-yearperiod,theycanprovidea basis forseekingimposition

Paragraphs9.G. or 9.B.of thisAgreement.If suchcomplaintsormotionsare

stayedprovidedthat there are nocomplaintsormotionspendingpursuantto

H. At the conclusion ofthe three-yearperiod, the suspension shall be permanently

request,Respondentshallbeentitledto anevidentiaryhearingandreviewbythe

impose,thestayedsuspensioninthiscase.IfDisciplinaryCounselmakes sucha

Disciplinary Counsel that the PCC impose, or petition the Supreme Court to

that may result from thatcomplaintmayprovide a basis for a request by

basis.Any finaladjudicationof aviolationof the RulesofProfessionalConduct

complaintwill beprocessedby theAttorneyDisciplineOfficeon anexpedited

this Agreement by the PCC and are within the periodofthe three-year stay, that

the period of thethree-yearstaythatarisesout of events thatpost-dateadoptionof

G. If the Attorney Discipline Office receives a complaint against Respondent during

basis forimpositionofthe stayed suspension in this case.

Rules ofProfessionalConduct that mayresultfrom thatcomplaintwill not be a

be processed in the ordinarycourse of business. Any findingofa violationofthe

arisesout ofeventsthatpre-datetheCourt'ssuspensionorder,thatcomplaintwill

F. IftheAttorneyDisciplineOfficereceivesa complaintagainstRespondent that

Agreement.

to a newNoticeofCharges filed againstRespondent duringthe termofthis

requiredto prove thatRespondent violateda ruleofprofessionalconductpursuant p. 33 Page 33 of34

decision.

Supreme Court for interim impositionofthe stayedsuspensionpending a final

expeditedprocessto obtain temporaryreliefby petitioningtheNew Hampshire

K. Nothing hereinshallprecludeDisciplinaryCounsel from undertakingan

requiredreporterscomply with their reportingobligations.

Agreement. Respondent understands that thisAgreement iseffective only ifthe

This istrueeven though therequiredreportersarenot signatoriesto this

grounds for filing a motion to impose all or anyportionofthe stayed suspension.

may be consideredby DisciplinaryCounsel,dependingupon thecircumstances,as

or mentalhealthprofessionalhas not beencomplied with, the noncompliance

J. IfDisciplinaryCounsel learns that a reportingobligationofthe Monitor, Mentor

appropriate under the facts presented.

suspensionofless than six monthsifit finds that such lesser suspension is

applicable provisionsofthisAgreement,it shall have the discretion to impose a

for impositionofthe stayedsuspensionhas been proven in accordance with the

I. In any proceeding to impose the stayed suspension,ifthe PCC finds that a basis

complaint.

Paragraph9.G. hereofmust beinitiatedwithin30 days offinaldispositionof that

forimpositionof thestayedsuspensionthatisbasedupon a complaintunder

areconcludedaftertheexpirationofthethree-yearperiodof thestay.Any request

of thestayedsuspensionevenif theproceedingson suchcomplaintsormotions p. 34 Page 34 of34

File Thomas P.Grodt,Esquire Richard Y. Uchida, Esquire Landya B. McCafferty,DisciplinaryCounsel Distribution:

theconditionsdescribedabove.

Supreme Court requestinga threeyearsuspension,suspended forthreeyears,contingentupon

ProfessionalConduct Committee directsDisciplinaryCounsel to file apetitionwith the NH

Conduct 1.3(a);1.4(a)-(c);8.1(a);8.4(c) and 8.4(a) byclearand convincingevidence,the

Based on theabove reasons,havingfound violationsofviolatedtheRules ofProfessional

ofthe record, with theexceptiononlyofmental health records.

investigationandprosecutionof thismatter.The ProtectiveOrdershallallowforfullpublication

Mr. Grodt shall pay the expenses incurredby the Attorney Discipline Office in the