Jennifer R. Jones (2011)

with theAttorneyDisciplineOffice(ADO) pursuantto NewHampshireSupreme 2. This disciplinarymatterwas initiated by referral datedJune 2,2009,and filed

New Hampshire Department ofHealthand Human Services. general counsel and legislative liaison in the DivisionofFamily Assistance in the the private practice of law. SinceNovember 2007, she has been employed as 30,1995. At all times relevant to thisproceeding,Ms. Jones was not engaged in 1. Ms. Jones is aNew Hampshire attorney who wasadmittedto the Bar onOctober

as set forth in the Stipulation are established by clear and convincing evidence: Stipulation,("Stipulation") as to the factsofthis matter. Accordingly, the facts described below The Respondent and the ADO have stipulated, and the Committee accepts the I. FINDINGS OF FACT

Committeevoted to accept theAssented-toMotionto PermitWaiverof FormalProceedings. The Respondent and Assistant Disciplinary Counsel ("ADO")assentedto, and the Introcaso.Committee members James r. Martin and Lawrence A. Vogelman were absent. Thomas P. Connair, Alan J. Cronheim, Gerald A. Daley, Richard H. Darling, and Julie A. BenettePizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Susan R. Chollet, David N. Cole, above-captionedmatter.Committeemembers presentincluded:MargaretH. Nelson, Chair, On January18,2011,theProfessionalConductCommittee ("Committee")deliberatedthe

Jones,JenniferR. advs.AttorneyDisciplineOffice- #09-041

Alan J.Cronheim Holly B. Fazzino,Admin.Coordinator Thomas P. Connair * non attorney member David N. Cole Lawrence A.Vogelman Susan R. Chollet* James R. Martin Toni M. Gray,* Vice Chair 603-224-5828 ♦Fax228-9511 JulieA. Introcaso BenettePizzimenti,Vice Chair Concord, NewHampshire03301 Richard H.Darling* Margaret H. Nelson, Chair 4 Chenell Drive, Suite 102 Gerald A. Daley*

purportedcapacityas "Executor"ofthe Keta C.Jones Estate. JonesExecutor."Ms. Jones accepted and initialed theAgreement in her 12. The sellerunder theAgreement was identifiedas "Keta C. Jones Estate,Jennifer

PottertenderedtheAgreement to Ms. Jones. payable to the real estate agency, as a deposit on theanticipatedtransaction.Mr. propertyfor$45,000. Mrs. Sargent gave Mr. Potter acheck for $900, made sale agreement("Agreement")reflecting Mrs.Sargent'soffer to purchase the 11. On oraboutSeptember 20,2007,Mr. Potterprepareda proposedpurchaseand

compromise amount. The offer was rejected by Ms.Jones. 10. Mrs. Sargent, through Mr. Potter, offered topurchasethepropertyfor a

9. Ms. Jones met with Mrs. Sargent and Mr. Potter and showed them the property.

Mr. Potterwas not a lawyer. agent, Dennis Potter, who handled the saleofMrs.Sargent'sproperty in Bow. unit in mid-September 2007. Mrs. Sargent was accompanied by her real estate 8. Louisa SargentofBow, New Hampshire, learnedofthe sale and went to see the

hersisters'interestsin the property. of her sisters,appointingMs.Jonesasattorney-in-factwith authoritytoconvey 7. In anticipationofthetransaction,Ms. Jones prepared powersofattorney for each

$45,000. unit was posted for sale by the parkmanager,Mike Morgan. The listed price was 6. Ms. Jones agreed to handlethetransactionon behalfofthe foursistersand the

among thesisters. funeralexpenses and any otherdebts,and then divide theremainingproceeds Ceceliafor a loan shemade toKetaJonestopurchasetheproperty,to pay for Keta Jones's died. Aftersellingtheproperty,the sisters plannedto pay back 5. Ms. Jonesand hersistersagreedtosellthemanufacturedhome immediatelyafter

Drive in Concord, N.H. landowned by theKaufman Trust,locatedin amanufacturedhome parkonBeth 4. Keta Jones died intestate. Her only asset was amanufacturedhome located on

sisters, Cecelia Pan, Angela Jones, and Kellie Jones. Hampshire, who died on August10,2007.The other heirs were Ms.Jones's 3. Ms. Joneswas oneoffoursurvivingheirsofKetaC.JonesofConcord,New

Court Rule 37A(II)(a)(2). p. 3 Page 3 of9 Ms. Jonesfor theDeed. Ms. JonesreassuredMrs.Sargentthatshewouldput it in remindedofthe issue whenMrs.Sargentcalled on at least two occasions to ask 21. Ms. Jones hadforgottentorecordtheDeed,aspromised.Ms. Jones was

the $900 deposit check and retained the proceeds as his commission. disbursementsweremade withoutfirstrecordingtheDeed. Mr. Potternegotiated and then disbursedportionsof theremainingproceedsto her sisters. Allofthese October12,2007,Ms. JonesrepaidCeceliafortheaforementionedloan($24,000) funeralexpensesand other debtsofthe Estate in theamount of$974. 24. On transactionintheamountof$675. InSeptemberand October,Ms. Jonespaidthe about September 28, 2007, Ms. Jones paid the transfer tax associated with the mother.Ms. Jonesmade certaindisbursementsout of the saleproceeds.On or Ms. Jonesdepositedthesaleproceedsinabankaccountshe heldjointlywithher 20. Ms. JonesfailedtorecordtheDeed and returnit toMrs.Sargent,aspromised.

way. who was preparingthepaperwork,would handlethetransactionin theproper 19. Mr. Potterand Mrs.Sargentwere ledtobelievethatMs. Jones,astheattorney

to Mrs. Sargent. 18. At the timeofclosing,Ms. Jones said that she would record theDeed and return it

balanceofconsiderationdue for thepropertyin cash. asattorney-in-factfor each of hersisters.Mrs.Sargenttenderedto Ms. Jones the closingdocumentsand executedtheDeed on herown behalfand inhercapacity BuildinginConcord,N.H. Attheclosing,Ms. Jonesproducedthevarious 17. Closingon thepropertyoccurredon September27, 2007, at the ChristianMutual

identifyingherself("JenniferR. Jones,Esq.")asthesettlementagent. Statement(requiredby theU.S.DeptofHousingand Urban Development(HUD)) Kaufman Trust.Inanticipationofclosing,Ms. JonesalsopreparedtheSettlement Estate."Ms. JonespreparedaConsentofParkOwner tobe signedby the Estate."Each of thesignatories(thefoursisters)was identifiedas "Heirof thepropertyfrom "theEstateofKetaC. Jones...by and throughtheheirsofsaid 16. Ms. JonespreparedaManufacturedHousingWarrantyDeed ("Deed")conveying

assistedhermotherinpurchasingtheproperty. 15. Ms. Joneswas familiarwiththetitlehistoryofthepropertybecauseshehad

prepareallofthepaperworkrequiredfor thetransaction. 14. Priortoclosing,Ms. JonestoldMr. Potterthatshewas an attorneyand would

September 27,2007. 13. The partiestotheAgreementanticipatedaclosingonorbefore p. 4 Page 4of9 property passedautomaticallyto theintestatedecedent's heirs and thatsubsequent Sargent. In her supporting memorandum, Ms. Jones argued that title to the not a creditorofthe estate,and thattherewas no defectintheDeed to Mrs. petitionon grounds that Ms.Guldbrandsenhad no standing,that Mrs.Sargentwas 29. On or about July8,2009, Ms. Jones moved todismissMs. Guldbrandsen's

Sargent'sbenefit." AttorneyJones was handlingthe transfercorrectlyand properly and for Mrs. Sargent did not have counsel with respect to the closing, and believed that 28. In her Verified AttachmenttoPetition,Ms. Guldbrandsenalleged that "Mrs.

Sargent. Jones for the purposeofclearingtitle to the property that was conveyed to Mrs. Guldbrandsenrequestedthat she be appointedadministratorofthe estateofKeta and Verified Attachment in the Merrimack County Probate Court. Ms. 27. On May 31,2009, Ms. Guldbrandsenfiled aPetitionforEstateAdministration

cleartitle. Jonesdid notbelievethatprobateadministrationwas necessaryin ordertoconvey did notpetitionthe probate court foradministrationofhermother'sestate. Ms. 26. Ms. Jones did not respond in writingto anyofMs. Guldbrandsen's demands and

confirm Ms. Jones's promisesto complywith such demands. theprobatecourtforadministrationof theestateofKetaJonesandsoughtto 2008,and January30,2009,Ms. GuldbrandsendemandedthatMs. Jonespetition 25. InfurthercorrespondencedatedJanuary29,2008,February6,2008,April15,

Deeds on January 23,2008. executedDeed and ConsentofParkOwner attheMerrimackCountyRegistryof 24. Ms. JonesrespondedtoMs. Guldbrandsen'scomplaintby recordingthefully

the sale had beenprematurelydisbursed. beenopened,asrequiredtoeffectthetransferofcleartitle;and theproceedsof recorded;there was no titlesearch;probateofthe estate of Keta Jones had not executed.Further,Ms. Guldbrandsencomplainedthat theDeed had notbeen notedthataphotocopyoftheDeed producedattheclosingwas notfully 23. Ms. GuldbrandsenwrotetoMs. Joneson January18,2008.Ms. Guldbrandsen

representher inconnectionwith thetransaction. 22. InJanuary2008,Mrs.SargentretainedAttorneyMelissaGuldbrandsento

Deed. Sargent'sson.Ms. Jonesrecallsthatby thattimeshehad alreadyrecordedthe themailandthenfailedto doso. Ms. Jonesalsoanswereda callfrom Ms. p. 5 Page 5 of9

June 28,2010. Administratorofthe EstateofKeta C.Jones"to LouisaSargentwas recorded on confirmatorydeed conveyingthe property from"MelissaC. Guldbrandsen, confirmatory deed regarding the property conveyed to Mrs. Sargent. The 38. Ms. Jones and her sisters subsequentlyexecuted assents required in supportofa

Courtapproved on April13,2010. 37. Ms. Guldbrandsen filed the InventoryofFiduciary on April1,2010,which the

Court on December 17,2009. 36. Ms. Guldbrandsen filed the appropriate fiduciary bond which was approved by the

instead, subject to filing a $33,000 corporate surety bond byDecember 15,2009. order appointing Ms. Jones as administratorand appointed Ms. Guldbrandsen appear at theNovember 12,2009,hearing. Accordingly, the Court vacated its 35. Ms. Jones made a mistake in calendaring the scheduled hearing and failed to

not filed the required corporate surety bond. November 12,2009, at which Ms. Jones would be asked to explain why she had 34. On October 23, 2009, the Court issuedan order scheduling a conference for

Sargent's efforts to clear titlethroughthe probate proceeding. marketabletitle to themanufacturedhomeand seeking costsassociatedwithMrs. ofAccounton behalfofMrs.SargentallegingMs. Jones'sfailuretoconvey 33. On October 23,2009, Ms. Guldbrandsen fileda Statement ofClaim and Affidavit

do so. to obtain apersonalsuretybond,butneglectedto obtain the Court'spermissionto not comply with theCourt'sorder to file a surety bond. Ms. Jones wanted instead fiduciary,filea $33,000corporatesuretybond withinthirtydays.Ms. Jonesdid Petition wasgrantedon thefollowingday. The court ordered that Ms. Jones, as requesting that Ms. Jones be appointed administratorofhermother'sestate. The 32. On September16,2009,Ms. JonesfiledaPetitionforEstateAdministration,

31. Ms. Guldbrandsen'sPetitionwas scheduledforhearingon September17,2009.

thatprobateadministrationisrequiredtoconveymarketabletitle. and theNew HampshireBarAssociationTitleExaminationStandardsprovide thepropertypasseddirectlytotheintestatedecedent'sheirs,New Hampshirelaw 30. Ms. Guldbrandsenfiledan objectiontothemotiontodismiss,arguingthat,while

transferby theheirsrequiredno involvementof theprobatecourt. p. 6 Page 6 of9 were placed at risk, thetransactionwassubjecttounnecessaryand costlylegal conduct,cleartitle to thepropertyand the cashtenderedinconsiderationofsale 5. As a consequence ofMs. Jones'smisperceptionofthe law and her aforesaid

iii. Ms. Jones misperceivedapplicableNew Hampshirelaw and I

proceedingcompetently,as follows: 4. Ms. Jonesfailedtohandletherealestatetransactionand theensuingprobate

thematterscompetently. withanotherlawyerwho possessedthenecessaryskill andknowledgetohandle lackedsufficientexperienceandknowledgeand by failing to associateherself 3. Ms. Jonesbreachedthatdutybyengaginginareasofpracticeaboutwhichshe

competently. 2. Ms. Jonesowed a duty to hersisterstohandlethe subjectreal estatetransaction

real estatetransactioninconformitywithapplicablelaw. as a lawyer, to prepare the necessarydocumentation and otherwise to effect the 1. Ms. Jonesknew orshouldhaveknown thathersisterswererelyingonMs. Jones,

establishestheseviolationsby clear andconvincingevidence: Stipulation,astotheRulesofProfessionalConductthatwereviolated.The Stipulation The Respondentand theADO havestipulated,andtheCommitteeacceptsthe

estate.The Motion iscurrentlypending. of theEstateKetaJonesinwhichsherepresentedthattherewereno debtsof the 39. On July2,2010,Ms. GuldbrandsenfiledaMotionforSummary Administration p. 7 Page 7 of9

Ms. Jones'sown property at least until Ms.Jonesrecordeda valid deed conveying 13. Ms. Jones owed a duty to Mrs. Sargent toholdMrs. Sargent'scash separate from

receivedtitleto the property. 12. Mrs. Sargentretainedan interestin thecash she tendereduntilsuch time as she

the property in considerationofthe cash tendered by Mrs. Sargent. 11. Ms. Jones assumed the responsibilityofrecording a valid deed conveying title to

a violationofN.H. R. Prof.Conduct 4.3. 10. Ms. Jones'saforementioned conduct constitutes clear and convincing evidenceof

9. Ms. Jonesbreachedthat duty as follows:

Sargent'slegalinterests. handlethe real estatetransactionin sucha manneras to ensureprotectionofMrs. avoid giving Mrs. Sargent or her agentthe impression that Ms. Jones would 8. Ms. Jonesowed adutytoMrs.Sargent,who wasnotrepresentedbycounsel,to

sistersas the sellers. 7. Ms. Jones participatedin the realestatetransactionon behalfofherselfand her

a violationofN.H. R. Prof.Conduct 1.1. 6. Ms. Jones'saforementionedconductconstitutesclearand convincingevidenceof

Ms. Guldbrandsenon behalfofMrs.Sargent. process,and Ms. Jonesand hersisterswerepotentiallyliableforcostsclaimedby p. 8 Page 8of9

See Wolterbeek'sCase, 152 N.H. 710, 714 (2005). existenceofany aggravatingor mitigatingfactors andwhethertheyaffectthebaselinesanction. sanction isdetermined,theCourt then looks to the fourth and final step in theanalysis:the forcharacterizingthemisconduct and determininga baselinesanction.Once thebaseline The first three parts in the analysis recommended in the Standards createthe framework aggravating or mitigating factors on the ultimate sanction. Id. Coddington'sCase, 155 N.H. 66, 71 (2007). TheCommittee thenconsiderstheeffectofany Committee firstcategorizestherespondent'smisconduct,thenidentifiestheappropriatesanction. N.H. 503, 513(2005)(internalquotationmarks omitted).Inapplyingthesefactorsthe (d) the existenceofaggravatingormitigatingfactors. Standards,supra § 3.0; Coffey's Case, 152 lawyer'smental state; (c) the actual or potential injury caused by thelawyer'smisconduct;and list thefollowingfactors to beconsideredinimposingsanctions:(a) the dutyviolated;(b) the adopted the Standards theCourthas considered them whenimposingsanctions).The Standards e.g.,Shillen'sCase, 149 N.H. 132,139 (2003) (noting that although the Court has never formally ImposingLawyer Sanctions (2005) (Standards), the Committee looks to them for guidance. See, AlthoughNew Hampshirehas notadoptedthe American Bar Association'sStandardsfor III. ANALYSIS

N.H. R. Prof.Conduct 8.4(a). above rules, there is necessarilyclear and convincing evidenceofa violationof 16. Because there exists clear and convincing evidence that Ms. Jones violated the

a violationofN.H. R. Prof. Conduct1.15(a)and (c). 15. Ms. Jones'saforementionedconductconstitutesclear andconvincingevidenceof

propertyto Mrs.Sargent. disbursements,asaforesaid,beforerecordingadeedandconveyingtitlein the maintainedjointly byMs. Jonesand hermotherand makingthevarious 14. Ms. Jonesbreachedthatdutyby depositingMrs.Sargent'scash in theaccount

title to Mrs.Sargent. p. 9 Page 9 of9 File JenniferR. Jones, Esquire James L. Kruse,AssistantDisciplinaryCounsel

Distribution: Chair MargaretrT^Nelson ' February^,2011 1/(^^ <^l)^M-^^\ 

Property;and 8.4(a):Misconduct. N.H. R. Prof. 1.1:Competence; 4.3:DealingwithUnrepresentedPerson;1.15:Safekeepingof For the above reasons the Committee issues a Reprimand to theRespondent for violating VI. CONCLUSION

Respondentwill pay all costsassociatedwith theinvestigationand prosecutionofthis matter. The Respondent and the ADO have stipulated, and theCommittee accepts,that the V. COSTS

Case, 149 N.H. 19, 28 (2002). This sanctionis also inaccordwith the Standards. ofattorney discipline as described by the New Hampshire Supreme Court. See, e.g., Feld's appropriate discipline in this matter is aReprimand.This sanction is in accord with the purposes Having made the above findings and rulings, theCommittee concludesthat the IV. SANCTION

sanctionanalysis. once themitigatingandaggravatingfactorsareconsidered,pursuantto thefourthprong of the restitutionwereidentifiedasmitigatingfactors.A reprimandismostappropriatein thiscase aggravatingfactor.Ms. Jones'remorse,cooperationwithAssistantDisciplinaryCounsel,and Violations,and Recommended Sanction,p.16 f74.The Respondent'spriordisciplinewas an Jones'conductwarrantsabaselinesanctionofpubliccensure. See Stipulationas to theFacts, Standards, theCommitteeacceptedtheanalysissetoutbythepartiesin theStipulationthatMs. Upon considerationoftheinitialthree-parttestand theabove-referencedlanguageofthe