Thomas P. Grodt (2011)

period ofthree years; with the imposition of the suspension stayed for a period of three

that the Respondent be suspended from the practice of law in New Hampshire for a

the Professional Conduct Committee ("PCC") in the above captioned matter and ordered

1. On June 28, 2010, the New Hampshire Supreme Court accepted the recommendation of

the following facts by clear and convincing evidence:

The Parties submitted a Joint Motion, and the Committee accepts the Motion and finds

Richard H. Darling was absent.

Cronheim, Gerald A. Daley, Julie A. Introcaso, James R. Martin, and Lawrence A. Vogelman.

Chair, Toni M. Gray, Vice Chair, Susan R. Chollet, David N. Cole, Thomas P. Connair, Alan 1.

year suspension. Members present were Margaret H. Nelson, Chair, Benette Pizzimenti, Vice

Mr. Grodt and Jennifer B. Sargent, Disciplinary Counsel to impose the entire suspended three

On March 15,2011, the Professional Conduct Committee deliberated the Joint Motion of

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

Alan J. Cronheim Holly B. Fazzino, Admin. Coordinator Thomas P. Connair * non attorney member David N. Cole Lawrence A. Vogelman Susan R. ChoIIet' James R. Martin Toni M. Gray,' Vice Chair 603-224-5828. Fax 228-9511 Julie A. Introcaso Benette Pizzimenti, Vice Chair Concord, New Hampshire 0330 I Richard H. Darling' Margaret H. Nelson, Chair 4 CheneII Drive, Suite 102 Gerald A. Daley'

matters.

requiring him to maintain malpractice insurance while representing clients in open

NHLAP Plan compliance and Respondent's failure to comply with the PCC Order

lack of candor and honesty with his Monitor and Mentor regarding his Stipulation and

6. Imposition of all three years of the stayed suspension is appropriate given Respondent's

honest with his Mentor and Monitor under his NHLAP contract.

clients; and (2) failing to comply with the expectation that he be completely open and

Stipulation by failing to obtain and maintain malpractice insurance while representing

Supreme Court's Order staying his suspension by: (I) violating the conditions of his

5. Respondent has committed material breaches of the PCC's Recommendation and the

insurance, as required by the Stipulation.

4. Respondent engaged in the practice of law in two cases without obtaining malpractice

not engaged in the practice of law when, in fact, he had open cases.

3. Respondent was not candid and honest with his Mentor and Monitor by claiming he was

Respondent's honesty, fitness and trustworthiness as a lawyer.

in the view of the Monitor and the Mentor (Attorney John Liland), raised a question as to

Ms. Hartigan ("the Monitor") represented that Respondent had engaged in conduct that,

("NHLAP") Executive Director, faxed a Monitor's Report to Disciplinary Counsel. In it,

2. On November 4,2010, Cecile Hartigan, New Hampshire Lawyers Assistance Program

recommendation.

years subject to Attorney Grodt's compliance with the conditions set forth in the PCC's p. 3 Page 3 of3

File Thomas P. Grodt Jennifer B. Sargent, Disciplinary Counsel Distribution:

and Monitor previously appointed be relieved of further responsibilities in this matter.

investigation andprosecution of this matter. The Committee further recommends that the Mentor

suspension and that Mr. Grodt be assessed the expenses incurred by the Committee in the

suspension be imposed retroactive to December 6, 2010, the date ofMr. Grodt's interim

Based on the foregoing, the Committee hereby recommends that the entire three year

interim basis pending a decision by the Committee.

On December 6, 2010, the Supreme Court entered an Order suspending Mr. Grodt on an

prosecution of this matter.

7. Respondent agrees to pay the expenses incurred by the PCC in the investigation and