Nancy S. Tierney (2010)

preserving the integrity of the profession would be best served by suspending respondent's current clients, preventing similar conduct in the future, and The PCC determined that the goals of protecting the public, including the

The court accepts the PCC's findings and rulings as to the rules violations.

(4) Rule 8.4(a) by violating the Rules of Professional Conduct. or otherwise communicate with him in writing, despite his request; and (3) Rule 1.4(a)-(c) by failing to forward important documents to her client civil proceedings to her client's detriment; compliance with federal rules and failing to pursue other remedies in (2) Rule 1.3(a), (b) by failing to file timely objections and pleadings in lack of competence in federal court matters; (1) Rule 1. 1 (a)-(c) by representing her client in federal court despite her

Rules of Professional Conduct: In the petition, the PCC alleged that the respondent violated the following

heard oral argument in this case on May 13,2010. February 18,2010, and the respondent's brief on March 23,2010. The court sanction to be imposed in this case. The court received the PCe's brief on court issued an order asking the parties to brief the issue of the appropriate and that she assented to the requested sanction. On January 20, 2010, the stating that she accepted the PCC's findings, rulings and recommendations years. On December 2,2009, the respondent filed an answer to the petition, in New Hampshire for one year, and that the suspension be stayed for two petition requested that the respondent be suspended from the practice of law of Attorney Nancy S. Tierney, hereinafter referred to as the respondent. The Professional Conduct Committee (PCC) filed a petition for one~year suspension necessary for the disposition of this appeal. On October 29,2009, the submitted on appeal, the court concludes that a formal written opinion is not Having considered the parties' briefs and oral arguments and the record

Attorney Tierney's one-year suspension, it shall notify the court. At the the pee's September 9,2009 order. lfthe pee imposes any portion of Tierney's one-year suspension may be lifted as set forth in paragraph eight of The court agrees with the process by which the two-year stay of Attorney

the mentor in this regard. Attorney Tierney before filing, and Attorney Tierney shall cooperate with and comment on such pleadings, including those prepared in draft by well as any related court orders. The mentor shall periodically review memoranda filed by another party or to be filed by Attorney Tierney, as and procedural issues associated with any dispositive motions or appearance, she shall consult with the mentor regarding substantive (3) In all litigated cases in which Attorney Tierney has entered an

understands the applicable law. should consult with more experienced counsel to ensure that she materials, including applicable procedural rules and whether she representation as well as the necessary, current legal resource experience in the applicable area of law to provide competent counsel in any litigation to determine whether she has sufficient (2) Attorney Tierney shall consult with the mentor before appearing as

comply with the terms of mentoring. and provision of information to the mentor, as may be required to order and obtain their consent to Attorney Tierney's consultation with (l) Attorney Tierney shall provide her clients with copies of the mentoring

recommendation and the following additional conditions: Attorney Tierney's compliance with the conditions set forth in the pee's imposition of this suspension is stayed for a period of two years subject to suspended from the practice of law in New Hampshire for a period of one year; THEREFORE, the court orders that Attorney Nancy S. Tierney be

should be imposed in this case. appeal, the court accepts the pee's recommendation as to the sanction that answer, the parties' briefs and oral arguments, and the record submitted on provisions for mentoring. Having considered the petition, the respondent's staying this suspension for two years subject to conditions that include the respondent for one year from the practice of law in New Hampshire, and p. 3 File NH Bar Association Russell F. Hilliard, Esquire Nancy S. Tierney, Esquire James L. Kruse, Esquire Distribution:

DATE: May 24,2010

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.

matter ..8.e.e Rule 37(19). Professional Conduct Committee in the investigation and prosecution of this Attorney Tierney is hereby assessed all expenses incurred by the