Brian F. McCaffrey (2010)

actions: of Attorney McCaffrey's clients. Attorney Pettis is ordered to take the following and accounts, and to take such action as is necessary to protect the interests fiduciary accounts of Attorney McCaffrey, to make an inventory of such files appointed to take immediate possession of the client files and trust and other Pursuant to Supreme Court Rule 37(17), Attorney Philip 1. Pettis is

the ADO by first class mail. Hilliard by first class mail. A copy of this order shall also be sent to Discipline Office's filing shall also be sent to Attorney Russell F. return receipt requested. A copy of this order and of the Attorney be served on Attorney McCaffrey by first class mail and certified mail, 3. A copy of this order and of the Attorney Discipline Office's filing shall

of clients, whether real, personal, beneficial or mixed; and hypothecating, or in any manner disposing of or conveying any assets 2. Attorney McCaffrey is enjoined from transferring, assigning,

suspension should be lifted. See Reiner's Case, 152 N.H. 163 (2005). before ten days from the date of service why the temporary further order of this court. Attorney McCaffrey may show cause on or practice of law in New Hampshire on a temporary basis pending 1. Attorney Brian F. McCaffrey is immediately suspended from the

Rule 37(16)(d) and (t). Accordingly, it is hereby ordered: to protect the public and to preserve the integrity of the legal profession. See immediate suspension from the practice of law in New Hampshire is necessary information submitted by the ADO, the court finds that Attorney McCaffrey's pending completion of the audit and the disciplinary process. Based on the be suspended from the practice of law in Ne\v Hampshire on an interim basis misuse of client funds. The ADO requests that Attorney McCaffrey immediately account is out of trust and, furthermore, that there appears to be a pattern of the auditor's preliminary review indicates that Attorney McCaffrey's client trust conducting an audit of Attorney McCaffrey's financial records. It alleges that the practice of law. In the petition, the ADO states that its auditor is currently petition for immediate interim suspension of Attorney Brian F. McCaffrey from On December 2,2010, the Attorney Discipline Office (ADO) filed a

LD-2010-0014, In the Matter of Brian F. McCaffrey

File NH Bar Association Philip 1. Pettis, Esquire Russell F. Hilliard, Esquire Brian F. McCaffrey, Esquire v.:Tames 1. Kruse, Esquire Attorney Discipline Office Distribution:

DATE: December 3, p. 2 2010

This order is entered by a single justice (Dalianis, J.). See Rule p. 2 21 (7).

otherwise ordered by the court. Pettis, in the first instance, to be reimbursed by Attorney McCaffrey, unless The Committee on Professional Conduct shall pay the fees of Attorney

McCaffrey's clients. further actions should be taken to protect the interests of Attorney actions taken under this order and a recommendation as to what court on or before February 1, p. 2 2011, together with a report of his other fiduciary accounts, and file a copy of the inventory with the e. make an inventory of Attorney McCaffrey's client files and trust and

services of other lawyers of their choice; and their legal rights and advising them that they should obtain the appears to be required in the immediate future in order to preserve requested, of his suspension, informing them of any action which d. notify Attorney McCaffrey's clients by certified mail, return receipt

clients; such actions as he deems necessary to protect the interests of the c. review any client files that Attorney McCaffrey maintained, and take

his appointment and of Attorney McCaffrey's suspension; accounts and operating accounts of Attorney McCaffrey are held of b. notify all banks and other entities where any trust or fiduciary

of law; the court and of Attorney McCaffrey's suspension from the practice a. notify all employees of Attorney McCaffrey of his appointment by