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Robert M.A. Nadeau (2006)
Professional Conduct: Rule 8.S(B)(1), by clear and convincing evidence. This rule is applicable The Professional Conduct Committee concludes that Robeli M.A. Nadeau violated the Rules of
II. Rulings of Law
convincing evidence. and made a part hereof, which establishes certain facts, laid out therein, based on clear and The Professional Conduct Committee accepted the parties' Stipulation of Facts, attached hereto
I. Factual Findings
part thereof. Permit Waiver of Hearings Committee Process, dated June 9, 2006, attached herein and made The Professional Conduct Committee, upon consideration, granted General Counsel's Motion to
Darling were absent. Martin, and David N. Page. Benette Pizzimenti, Vice Chair, Thomas P. Connair and Richard H. Cole, Alan J. Cronheim, Eleanor Wm. Dahar, Gerald A. Daley, Gretchen Rule Hamel, James R. Members present included; Margaret H. Nelson, Chair, Toni M. Gray, Vice Chair, David N.
On June 20, 2006, the Professional Conduct Committee considered the matter.
Reprimand
Nadeau, Robert lHA. advs. Attorney Discipline Office # 06-017
Eleanor Wm. Dahar Holly B. Fazzino, Admin. Coordinator Alan J. Cronheim, non attomey member Thomas P. Connair David N. Page' David N. Cole James R. Martin Toni M. Gray,' Vice Chair 603-224-5828. Fax 228-9511 Gretchen Rule Hamel Bimette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Richard H. Darling' Margaret H. Nelson, Chair 4 Park Street, Suite 304 Gerald A. Daley'
Professional Conduct Committee New Hampshire Supreme Court File
Robert M.A. Nadeau, Esquire James L. DeHart, General Counsel Distribution:
Chair Margaret H. Nelson
June 20, 2006 /OQ~
M.A. Nadeau for violating N.H. Prof. Conduct Rule 8.S(B)(1). For the above reasons, the Professional Conduct Committee issues this Reprimand to Robert
IV. Conclusion
when imposing sanctions. Although the Court has never formally adopted these Standards, the Court has considered them ABA Center for Professional Responsibility, Standards or Imposing Lawyer Sanctions (1991). Reprimand. This sanction is in accord with the purpose of attorney discipline as described by the The Professional Conduct Committee concludes that the appropriate discipline in this matter is a
III. Sanction
sits, unless the rules of the court provide otherwise." "The rules to be applied shall be the rules of the jurisdiction in which the court
states: Maine Bar Rules apply under 8.S(B)( 1) under the NH Rules of Professional Conduct, which to the Maine Bar Rules as cited in the Stipulation, section 4(f) and See). These violations of 1
6. Mr. Nadeau assents to the granting of this motion.
grant this motion. 5. The most expeditious manner of resolving this matter is to
Maine Bar Counsel. 4. The complaint in New Hampshire is based on a referral from
Charges unnecessary. within Stipulation, render the issuance of a Notice of 3. The findings in the Maine proceedings, coupled with the
against Robert M.A. Nadeau and issued a public reprimand. Court of Maine has already found professional misconduct the parties and submitted herewith, the Supreme Judicial 2. As a result of the conduct set forth in a Stipulation signed by
expeditious as possible." "all formal proceedings under this rule shall be as 1. New Hampshire Supreme Court Rule 37A(III)(a)(3) states that
In support thereof, undersigned counsel states as follows:
the process before the Hearings Committee. requests that the Professional Conduct Committee permit the parties to waive NOW COMES James L. DeHart, General Counsel, and respectfully
ISSUE A REPRIMAND BASED ON A STIPULATION, AND TO
TO FIND PROFESSIONAL MISCONDUCT WAIVER OF HEARINGS COMMITTEE PROCESS,
MOTION TO PERMIT
#06-0 17
Attorney Discipline Office
advs.
Nadeau, Robert M.A.
PROFESSIONAL CONDUCT COMMITTEE
NEW HAMPSHIRE SUPREME COURT 2
General Counsel James L. DeHart ~l~
Maine 04090, by regular mail postage prepaid. day of June, 2006 to Robert M.A. Nadeau, Esquire, 1332 Post Road, Wells Based on a Stipulation, and to Issue a Reprimand is being sent on this ninth Permit Waiver of Hearings Committee Process, to Find Professional Misconduct Court Attorney Discipline Office, certify that a copy of the fore said Motion to I, James 1. DeHart General Counsel of the New Hampshire Supreme
Certification
General Counsel games 1. DeHart June 9, 2006 ()9>~Ld:>~
(603)- 224-5828 Concord, New Hampshire 03301 4 Park Street, Suite 304 Attorney Discipline Office New Hampshire Supreme Court
Respectfully submitted,
D. Grant such other relief as is fair and in the public interest.
misconduct. C. Issue a reprimand to Robert M.A. Nadeau for said
the within Stipulation. misconduct by clear and convincing evidence, as set forth in B. Find that Robert M.A. Nadeau has engaged in professional
issuance of Notice of Charges. A. Waive the Hearings Committee process, including the
Honorable Committee: WHEREFORE, undersigned counsel respectfully requests that this 1
relationship with a former client; information about Attorney Nadeau's parties filed pleadings that contained c. In the Superior Court litigation, the opposing
were filed in the Superior Court; firm as of the date of the attorneys' departure ownership of accounts receivable owed to the b. Civil cross claims arising from a dispute over
departure of two attorneys from his law firm; Attorney Nadeau was involved in an acrimonious a. During the months of June and July of 2003,
4. In the first matter, the Supreme Judicial Court held:
findings of professional misconduct in two matters. Court imposed a public reprimand on Mr. Nadeau based on 3. By order dated March 2,2006, the Maine Supreme Judicial
practice in York County, Maine. 2. At all relevant times hereto Mr. Nadeau maintained a law
Hampshire and Massachusetts. 1. Mr. Nadeau is admitted to practice law in Maine, New
I. Stipulation of Facts
. hereby stipulate as follows: General Counsel James L. DeHart and Respondent Robert M.A. Nadeau
STIPULATION
#06-0 17
Attorney Discipline Office
advs.
Nadeau, Robert M.A.
PROFESSIONAL CONDUCT COMMITTEE
NEW HAMPSHIRE SUPREME COURT 2
8.S(B)(1) makes clear that the Maine Rules apply Professional Conduct, New Hampshire Rule language in the New Hampshire Rules of 3.7(e)( 2)(vi). [Even though there is no similar the Superior Court in violation of M. Bar R. e. His conduct was discourteous and degrading to
the wounds;" and chose to do to reopen and tremendously expose healing had occurred, but because of what you news in my family wherein tremendous, positive because of my affair which by that time was old suffering of his wife and his children was"not d. Attorney Nadeau claimed that the further
family to suffer; as"horrible" and causing Attorney Nadeau's c. Attorney Nadeau referred to the judge's decision
his ruling; concerning the judge's exercise of discretion in b. Attorney Nadeau spoke of"outright shock"
Procedure; principles underlying the Rules of Civil judge had failed to adhere to establish legal view of many others who were not identified, the the judge stating that in his own view, and the court's record, Attorney Nadeau sent a letter to denied Attorney Nadeau's request to seal the a. When the presiding Superior Court justice
5. In the second matter, the Supreme Judicial Court held:
represented persons. Conduct] and prohibits such direct contact with 4. 2 of the New Hampshire Rules of Professional 3.6(f), [which is similar in relevant part to Rule f. Attorney Nadeau's conduct violated M. Bar R.
the represented opposing parties; and counsel that he simultaneously faxed directly to items of correspondence to his adversaries' e. In his initial efforts, Attorney Nadeau sent two
sealed; d. Attorney Nadeau sought to have the record
" 3
Attorney Discipline Office General Counsel James L. DeHart ~Lft~
and among jurisdictions." Standard 1. 3. disciplinary sanctions for the same or similar offences within Imposing Lawver Sanctions is"consistency in the imposition of sanction. One of the stated purposes for the ABA Standards for 10. It is agreed that a public reprimand is the appropriate
III. Stipulation as to Sanction
Maine Bar Rules as cited above that apply. New Hampshire Rules of Professional Conduct, it is the 9. It is further agreed that pursuant to Rule 8.5(B)(1) of the
evidence. constitutes professional misconduct by clear and convincing 8. It is agreed that the Conduct described in this Stipulation
II. Stipulation as to Rules Violated
7. Mr. Nadeau waives the issuance of a Notice of Charges.
instructive. very substantial, extremely expensive and positively acknowledges that the lessons learned by him have been concerned regarding the above circumstances. He 6. Mr. Nadeau regrets his conduct and has apologized to all
the jurisdiction in which the court sits ...")]. ("... the rules to be applied shall be the rules of
"