Stephen A.S. White (2011)

conditions. Those conditions included quarterly meetings with a law office management conditions. Those conditions included quarterly meetings with a law office management

Scope of Representation, Rule 1.3(a): Diligence, and Rule 8.4(a): Misconduct, subject to certain Scope of Representation, Rule 1.3(a): Diligence, and Rule 8.4(a): Misconduct, subject to celiain

"Roberts"Roberts case," for violations of N.H. Rules Prof. Conduct 1.1 (a)-(c): Competence, Rule 1.2(a): case," for violations of N.H. Rules Prof. Conduct 1.1 (a)-(c): Competence, Rule 1.2(a):

May 29, 2009 in the matter of May 29,2009 in the matter of White, Stephen A.S. advs. Elaina Roberts # 07-044 White, Stephen A.S. advs. Elaina Roberts # 07-044 hereinafter hereinafter

Stephen A.S. White, Esquire, was issued a six month suspension, stayed for two years on Stephen A.S. White, Esquire, was issued a six month suspension, stayed for two years on

Committee Process. Committee Process.

Esquire, was Esquire, was pro se. pro se. The Committee voted to grant the Motion to Permit Waiver of the Hearings The Committee voted to grant the Motion to Pennit Waiver ofthe Hearings

Disciplinary Counsel, represented the Attorney Discipline Office (ADO), Stephen A.S. White, Disciplinary Counsel, represented the Attorney Discipline Office (ADO), Stephen A.S. White,

and Gerald A. Daley were recused. Thomas P. Connair was absent. Julie A. Introcaso, and Gerald A. Daley were recused. Thomas P. Connair was apsent. Julie A. Introcaso,

Richard H. Darling, James R. Martin, Jaye L. Rancourt, and Richard D. Sager. Alan J Cronheim Richard H. Darling, James R. Martin, Jaye L. Rancourt, and Richard D. Sager. Alan J. Cronheim

Benette Pizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Susan R. Chollet, David N. Cole, Benette Pizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Susan R. Chollet, David N. Cole,

deliberated the above captioned matter. Members present included: Margaret H. Nelson, Chair, deliberated the above captioned matter. Members present included: Margaret H. Nelson, Chair,

On October 18, 2011, The Professional Conduct Committee heard Oral Argument and On October 18, 2011, The Professional Conduct Committee heard Oral Argument and

White, Stephen A.S. advs. Elaina Roberts II 07-044 White, Stephen A.S. advs. Elaina Roberts # 07-044

White, Stephen A.S. advs. Richard Shaw and Susan Howarth-Shaw # 10-062 White, Stephen A.S. advs. Richard Shaw and Susan Howarth-Shaw # 10-062

Alan J. Cronheim Alan J. Cronheim Holly B. Fazzino, Admin. Coordinator Holly B. Fazzino, Admin. Coordinator Thomas P. Connair Thomas P. Connair * non attorney member * non attorney member David N. Cole David N. Cole Richard D. Sager Richard D. Sager Susan R. Chollet* Susan R. Chollet' Jaye L. Rancourt Jaye L. Rancourt Toni M. Gray,* Vice Chair Toni M. Gray,' Vice Chair 603-224-5828 • Fax 228-9511 603-224-5828 • Fax 228-9511 James R. Martin James R. Martin Benette Pizzimenti, Vice Chair Benette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Concord, New Hampshire 03301 Richard H Darling* Richard H. Darling' Margaret H. Nelson, Chair Margaret H. Nelson, Chair 4 Chenell Drive, Suite 102 4 Chenell Drive, Suite 102 Gerald A. Daley* Gerald A. Daley'

a committee of the attorney discipline system a committee of the attorney discipline system Professional Conduct Committee Professional Conduct Committee New Hampshire Supreme Court New Hampshire Supreme Court p. 2 Page 2 of 10 Page 2 oflO

the amount of $129,000.00. the amount of$129,000.00.

attorney Michael Fontaine, Esq., brought suit against the Shaws for unpaid medical bills in attorney Michael Fontaine, Esq., brought suit against the Shaws for unpaid medical bills in

2. Earlier that year, Wentworth-Douglass Hospital ("Wentworth-Douglass"), through its 2. Earlier that year, Wentworth-Douglass Hospital ("Wentworth-Douglass"), through its

et al, et ai, Docket #219-2008-CV-301). Docket #219-2008-CV-301).

filed in Strafford County Superior Court (Wentworth-Douglass Hospital v. Richard P. Shaw, filed in Strafford County Superior Court (Wentworth-Douglass Hospital v. Richard P. Shaw,

Shaws") appeared Shaws") appeared pro se pro se at an attachment hearing as named defendants in a collection action at an attachment hearing as named defendants in a collection action

1. On November 25, 2008, Mr. Richard Shaw and Ms. Susan Howarth-Shaw (hereinafter "the 1. On November 25, 2008, Mr. Richard Shaw and Ms. Susan Howarth-Shaw (hereinafter"the

the the Shaw Shaw case. The facts are as follows: case. The facts are as follows:

The parties have stipulated, and the Committee accepts the Stipulation as to the facts in The parties have stipulated, and the Committee accepts the Stipulation as to the facts in

be the result of a lack of training, law practice management skills or education. be the result of a lack of training, law practice management skills or education.

similar in nature to that in the similar in nature to that in the Roberts Roberts case, and the parties agree that the misconduct appears to case, and the parties agree that the misconduct appears to

Howarth-Shaw # 10-062 Howarth-Shaw # 10-062 hereinafter hereinafter"Shaw"Shaw case." The misconduct identified in the case." The misconduct identified in the Shaw Shaw case is case is

Respondent's representation in the matter of Respondent's representation in the matter of White, Stephen A.S. advs. Richard Shaw and Susan White, Stephen A.S. advs. Richard Shaw and Susan

against Mr. White. The period covered by the stayed suspension in the against Mr. White. The period covered by the stayed suspension in the Roberts Roberts case parallels the case parallels the

On November 2, 2010, a grievance was filed by Richard Shaw and Susan Howarth-Shaw On November 2, 2010, a grievance was filed by Richard Shaw and Susan Howarth-Shaw

assessed all costs, which have been paid in full. assessed all costs, which have been paid in full.

include New Hampshire defense attorneys and to regularly attend meetings. Mr. White was also include New Hampshire defense attorneys and to regularly attend meetings. Mr. White was also

recommendations. Mr. White was also to join one or more professional organizations that recommendations. Mr. White was also to join one or more professional organizations that

consultant, with Mr. White reporting to the ADO as to his implementation of the consultant's consultant, with Mr. White reporting to the ADO as to his implementation of the consultant's p. 3 Page 3 of 10 Page 3 oflO

11. Mr. White filed a written Appearance with the Court on April 9, 2009. 11. Mr. White filed a written Appearance with the Court on April 9, 2009.

10. The Shaws paid the $1,500.00, but never signed a written fee agreement. 10. The Shaws paid the $1,500.00, but never signed a written fee agreement.

was exhausted. was exhausted.

9. Mr. White explained to the Shaws that he would request additional funds when the retainer 9. Mr. White explained to the Shaws that he would request additional funds when the retainer

against the retainer based upon an hourly rate of $200.00. against the retainer based upon an hourly rate of $200.00.

8. Mr. White requested a retainer of $1,500.00, and said he would charge for his services 8. Mr. White requested a retainer of$I,500.00, and said he would charge for his services

hearing. hearing.

in Manchester to investigate the status of their claim prior to appearing at the next court in Manchester to investigate the status of their claim prior to appearing at the next court

they had already spoken to a representative of the VA, and they asked him to contact the VA they had already spoken to a representative of the VA, and they asked him to contact the VA

7. After discussing the case, the Shaws decided to hire Mr. White. They told Mr. White that 7. After discussing the case, the Shaws decided to hire Mr. White. They told Mr. White that

6. Months later, on April 7, 2009, the Shaws met with Mr. White at his office in Dover. 6. Months later, on April 7, 2009, the Shaws met with Mr. White at his office in Dover.

them to call if they were interested in hiring him. them to call if they were interested in hiring him.

them that he might be able to help them. He gave the Shaws his business card and invited them that he might be able to help them. He gave the Shaws his business card and invited

5. While leaving the courtroom after the hearing, Mr. White approached the Shaws and told 5. While leaving the courtroom after the hearing, Mr. White approached the Shaws and told

scheduled a further status conference for April 16, 2009. scheduled a further status conference for April 16, 2009.

bureaucracy, and for that reason, the Court (Brown, J.) denied the Petition to Attach and bureaucracy, and for that reason, the Court (Brown, J.) denied the Petition to Attach and

Wentworth-Douglass bills. However, the Shaws were appealing that decision within the VA Wentworth-Douglass bills. However, the Shaws were appealing that decision within the VA

4. At the time of the initial attachment hearing, the VA had already denied payment of the 4. At the time of the initial attachment hearing, the V A had already denied payment of the

he suffered a heart attack in 2007. he suffered a heart attack in 2007.

VA") in Manchester, but Wentworth-Douglass provided emergency care to Mr. Shaw when VA") in Manchester, but WentwOtih-Douglass provided emergency care to Mr. Shaw when

3. Customarily, Mr. Shaw receives medical care through the Veterans' Administration ("the 3. Customarily, Mr. Shaw receives medical care through the Veterans' Administration ("the p. 4 Page 4 of 10 Page 4 of 10

$5,000.00, which would have resulted in "neither party" docket markings, but instead, on $5,000.00, which would have resulted in "neither party" docket markings, but instead, on

20. As the date for the trial drew closer, Mr. White was negotiating a settlement of the matter for 20. As the date for the trial drew closer, Mr. White was negotiating a settlement ofthe matter for

19. The Court also scheduled the final hearing for early December 2009. 19. The COutt also scheduled the final heating for early December 2009.

from what Wentworth-Douglass initially requested. from what Wentworth-Douglass initially requested.

18. At that hearing, the Court granted the Petition to Attach, but in an amount much reduced 18. At that hearing, the Court granted the Petition to Attach, but in an amount much reduced

14, 2009. 14,2009.

17. After some further rescheduling by the Court, the Court sent a Notice of Hearing for August 17. After some further rescheduling by the Court, the Court sent a Notice of Hearing for August

scheduling conflict. In the Motion he asked that the matter be rescheduled promptly. scheduling conflict. In the Motion he asked that the matter be rescheduled promptly.

16. On July 30, 2009, Mr. White drafted an Assented to Motion to Continue the hearing due to a 16. On July 30, 2009, Mr. White drafted an Assented to Motion to Continue the hearing due to a

Notice of Hearing to counsel. Notice of Hearing to counsel.

15. The Clerk scheduled a hearing on the Petition to Attach for August 3, 2009, and issued a 15. The Clerk scheduled a hearing on the Petition to Attach for August 3, 2009, and issued a

could, in the interim, agree on the attachment issue. could, in the interim, agree on the attachment issue.

the parties to ask the Clerk to convert the hearing to a case structuring conference if they the parties to ask the Clerk to convert the heating to a case structuring conference if they

14. The Court ordered that a further hearing on the Petition to Attach be scheduled and invited 14. The Court ordered that a further heating on the Petition to Attach be scheduled and invited

had dropped from $129,000.00 to $9,000.00 as the VA had recently paid most of the claim. had dropped from $129,000.00 to $9,000.00 as the VA had recently paid most of the claim.

Court (Tucker, J.) declined to issue an attachment because Wentworth-Douglass' demand Court (Tucker, l) declined to issue an attachment because Wentworth-Douglass' demand

13. The next scheduled hearing took place on July 16, 2009. The case had not settled, but the 13. The next scheduled hearing took place on July 16, 2009. The case had not settled, but the

l) approved the agreement. J.) approved the agreement.

wanted an additional 90 days to work towards a settlement of the matter. The Court (Brown, wanted an additional 90 days to work towards a settlement ofthe matter. The Court (Brown,

filed an agreement requesting that the Court reschedule the attachment hearing. The parties filed an agreement requesting that the Court reschedule the attachment hearing. The parties

12. On April 16, 2009, Mr. White appeared for the Shaws at the status conference and the parties 12. On April 16, 2009, Mr. White appeared for the Shaws at the status conference and the parties p. 5 Page 5 of 10 Page 5 of10

White's office to discuss the potential motorcycle accident case. White's office to discuss the potential motorcycle accident case.

26. In August 2010, having heard nothing from Mr. White, the Shaws scheduled a meeting at Mr. 26. In August 2010, having heard nothing from Mr. White, the Shaws scheduled a meeting at Mr.

determined that Ms. Howarth-Shaw did not have a strong case against the Town. determined that Ms. Howarth-Shaw did not have a strong case against the Town.

work along with him on the case. After consulting with another attorney, Mr. White work along with him on the case. After consulting with another attorney, Mr. White

25. Mr. White told the Shaws that he would discuss the case with another lawyer, who would 25. Mr. White told the Shaws that he would discuss the case with another lawyer, who would

including medical records, relating to the accident. including medical records, relating to the accident.

negligence suit. Shortly thereafter, Ms. Howarth-Shaw gave Mr. White a file of materials, negligence suit. Shortly thereafter, Ms. Howarth-Shaw gave Mr. White a file of materials,

Howarth-Shaw inviting her to schedule an appointment to discuss the possibility of a Howarth-Shaw inviting her to schedule an appointment to discuss the possibility of a

24. On December 29, 2009, after the collection case was resolved, Mr. White sent a letter to Ms. 24. On December 29,2009, after the collection case was resolved, Mr. White sent a letter to Ms.

where Ms. Howarth-Shaw was injured. where Ms. Howarth-Shaw was injured.

regarding a potential lawsuit against the Town of Northwood for failure to maintain the road regarding a potential lawsuit against the Town of Northwood for failure to maintain the road

possible settlement. During their meeting, the Shaws also talked briefly with Mr. White possible settlement. During their meeting, the Shaws also talked briefly with Mr. White

23. Prior to final hearing in the collection case, the Shaws met with Mr. White to discuss a 23. Prior to final hearing in the collection case, the Shaws met with Mr. White to discuss a

which required surgery and the placement of plates and screws. which required surgery and the placement of plates and screws.

pothole while riding her motorcycle in Northwood, New Hampshire. She fractured her ankle, pothole while riding her motorcycle in Northwood, New Hampshire. She fractnred her ankle,

22. In September 2009, while the collection case was pending, Ms. Howarth-Shaw hit a large 22. In September 2009, while the collection case was pending, Ms. Howarth-Shaw hit a large

he provide any type of accounting of the retainer funds the Shaws had given to him. he provide any type of accounting of the retainer funds the Shaws had given to him.

itemizing the legal work he had done, despite having kept a record of his time spent. Nor did itemizing the legal work he had done, despite having kept a record of his time spent. Nor did

21. In the eight months that Mr. White worked on this case, he never sent any bill to the Shaws 21. In the eight months that Mr. White worked on this case, he never sent any bill to the Shaws

Prejudice. Prejudice.

December 21, 2009, the plaintiff filed an Assented to Motion for Voluntary Non-Suit without December 21, 2009, the plaintiff filed an Assented to Motion for Voluntary Non-Suit without p. 6 Page 6 of 10 Page 6 of10

filed a filed a complaint." complaint."

response he stated, "I am very nervous about contacting Mrs. Shaw at this time since she has response he stated,"I am very nervous about contacting Mrs. Shaw at this time since she has

33. On December 26, 2010, Mr. White filed his response to the Shaws' complaint. In his 33. On December 26,2010, Mr. White filed his response to the Shaws' complaint. In his

from his office. from his office. To date, neither we nor our counsel have heard anything from Attorney White or anyone To date, neither we nor our counsel have heard anything from Attorney White or anyone

and faxed to Attorney White]. and faxed to Attorney White]. business days from the date of that letter [the letter was dated October 15, 2010 business days from the date of that letter [the letter was dated October 15, 2010 White by us is available for pick up at our convenience not later than three White by us is available for pick up at our convenience not later than three 3. Immediate confirmation that our file and all property turned over to Attorney 3. Innnediate confirmation that our file and all property tnrned over to Attorney removed money from his trust account to pay himself. removed money from his trust account to pay himself. services he has performed for us and for which he expected to be paid and/or have services he has performed for us and for which he expected to be paid and/or have 2. A complete, detailed statement, clearly identifying the time and task, of all 2. A complete, detailed statement, clearly identifying the time and task, of all 1. An immediate accounting for all funds delivered to Attorney White by us. I. An immediate accounting for all funds delivered to Attorney White by us.

Our current attorney has written to Mr. White and demanded: Our current attorney has written to Mr. White and demanded:

The complaint clearly stated: The complaint clearly stated:

32. On November 3, 2010, the ADO forwarded a copy of the Shaws' grievance to Mr. White. 32. On November 3, 2010, the ADO forwarded a copy ofthe Shaws' grievance to Mr. White.

31. On November 2, 2010, the Shaws filed a grievance with the ADO. 31. On November 2, 2010, the Shaws filed a grievance with the ADO.

Canders. Canders.

30. Mr. White did not respond. Mr. White contends that he never received the fax from Mr. 30. Mr. White did not respond. Mr. White contends that he never received the fax from Mr.

relative to the motorcycle accident. relative to the motorcycle accident.

the Shaws retainer funds from the collection case and the return of the Shaws' documents the Shaws retainer funds from the collection case and the retnrn of the Shaws' documents

29. On October 15, 2010, Mr. Canders faxed a letter to Mr. White requesting an accounting of 29. On October 15, 20 I 0, Mr. Canders faxed a letter to Mr. White requesting an accounting of

28. In mid-October 2010, the Shaws hired Attorney Steve Canders of Kennebunk, Maine. 28. In mid-October 2010, the Shaws hired Attorney Steve Canders of Kennebunk, Maine.

emergency. emergency.

27. Mr. White had to cancel the meeting at the last moment because he was involved in a family 27. Mr. White had to cancel the meeting at the last moment because he was involved in a family p. 7 Page 7 of 10 Page 7 ofl0

39. The stipulated facts set forth above are incorporated by reference. 39. The stipulated facts set forth above are incorporated by reference.

Rule 1.16 (d) Declining or Terminating Representation: Rule 1.16 Cd) Declining or Terminating Representation:

provided to him constitutes a violation of N.H. R. Prof Conduct 1.15(0. provided to him constitutes a violation of N.H. R. Prof. Conduct U5(f).

38. Mr. White's failure to provide his clients with an accounting of the usage of client trust funds 38. Mr. White's failure to provide his clients with an accounting of the usage of client hust funds

until well after the until well after the Shaws filed a misconduct complaint. Shaws filed a misconduct complaint.

demanding an accounting of their retainer funds. He failed to provide such an accounting demanding an accounting of their retainer funds. He failed to provide such an accounting

37. After the case was completed, Mr. White had knowledge that the complainants were 37. After the case was completed, Mr. White had knowledge that the complainants were

the the Shaws' retainer funds at any time during the case. Shaws' retainer funds at any time during the case.

not reduce those notes to a billing statement, nor did he provide an accounting of the status of not reduce those notes to a billing statement, nor did he provide an accounting of the status of

36. Although Mr. White kept accurate notes regarding the time spent on the case, Mr. White did 36. Although Mr. White kept accurate notes regarding the time spent on the case, Mr. White did

request would be made for additional funds if the retainer was exhausted. request would be made for additional funds if the retainer was exhausted.

receive statements regarding the fees incurred as their collection case progressed and that a receive statements regarding the fees incurred as their collection case progressed and that a

35. In exchange for payment of a $1,500.00 retainer, Mr. White told the Shaws that they would 35. In exchange for payment of a $1,500.00 retainer, Mr. White told the Shaws that they would

violations by clear and convincing evidence: violations by clear and convincing evidence:

Rules of Professional Conduct that were violated. The Stipulation establishes the following Rules of Professional Conduct that were violated. The Stipulation establishes the following

The parties have stipulated, and the Committee accepts the Stipulation as to the N.H. The parties have stipulated, and the Committee accepts the Stipulation as to the N.H.

Stipulation As To Facts, Rule Violations And Sanction, pp. 1-6. Stipulation As To Facts, Rule Violations Aud Sanction, pp. 1-6.

along with an accounting for the time he spent on the collection case. along with an accounting for the time he spent on the collection case.

he intended to package Ms. Howarth-Shaw's medical records and return them to the Shaws, he intended to package Ms. Howarth-Shaw's medical records and return them to the Shaws,

34. When interviewed by Acting General Counsel, Thomas Trevethick, Mr. White indicated that 34. When interviewed by Acting General Counsel, Thomas Trevethick, Mr. White indicated that p. 8 Page 8 of 10 Page 8 of 10

analysis for courts to consider in imposing sanctions: "(a) the duty violated; (b) the lawyer's analysis for courts to consider in imposing sanctions:"(a) the duty violated; (b) the lawyer's

to them for guidance. to them for guidance. Conner's Case, Conner's Case, 158 N.H. at 303. The 158 N.H. at 303. The Standards Standards set forth a four part set forth a four part

Court has not adopted the Court has not adopted the ABA Standards for Imposing Lawyer Sanctions ABA Standards for Imposing Lawyer Sanctions ("Standards"), ("Standards'j, it looks it looks

account the severity of the misconduct." account the severity ofthe misconduct." Coffey's Case, Coffey's Case, 152 N.H. 503, 513 (2005). Although the 152 N.H. 503, 513 (2005). Although the

in the future." in the future." E.g., Conner's E.g., Conner's Case, Case, 158 N.H. 299, 303 (2009). "The sanction must take into 158 N.H. 299, 303 (2009).''The sanction must take into

confidence in the bar, preserve the integrity of the legal profession, and prevent similar conduct confidence in the bar, preserve the integrity of the legal profession, and prevent similar conduct

The purpose of the Court's disciplinary power is "to protect the public, maintain public The purpose ofthe Court's disciplinary power is"to protect the public, maintain public

Stipulation As To Facts, Rule Violations and Sanction, pp. 6-8. Stipulation As To Facts, Rule Violations and Sanction, pp. 6-8.

convincing evidence that he is in violation of N.H. R. Prof Conduct 8.4(a). convincing evidence that he is in violation of N.H. R. Prof. Conduct 8.4(a).

44. As Mr. White has stipulated to violations of Rules 1.15 and 1.16 above, there is clear and 44. As Mr. White has stipulated to violations of Rules 1.15 and 1.16 above, there is clear and

1.16(d). 1.16(d).

Howarth-Shaw's documents upon request, constitutes a violation of N.H. R. Prof. Conduct Howarth-Shaw's documents upon request, constitutes a violation of N.H. R. Prof. Conduct

representation of Ms. Howarth-Shaw, along with his failure to surrender promptly Ms. representation of Ms. Howarth-Shaw, along with his failure to surrender promptly Ms.

43. Mr. White's failure to give reasonable notice to the Shaws that he would be declining 43. Mr. White's failure to give reasonable notice to the Shaws that he would be declining

learning that she was demanding their return. learning that she was demanding their return.

42. Mr. White also failed to surrender promptly documents owned by Ms. Howarth-Shaw after 42. Mr. White also failed to surrender promptly documents owned by Ms. Howarth-Shaw after

in her case. in her case.

41. Mr. White failed to inform Ms. Howarth-Shaw promptly that he was declining representation 41. Mr. White failed to infonn Ms. Howarth-Shaw promptly that he was declining representation

obligated to take steps to the extent reasonably practicable to protect his client's interest. obligated to take steps to the extent reasonably practicable to protect his client's interest.

40. After soliciting Ms. Howarth-Shaws' business regarding the negligence case, Mr. White was 40. After soliciting Ms. Howarth-Shaws' business regarding the negligence case, Mr. White was p. 9 Page 9 of 10 Page 9 oflO

take extraordinary steps to avoid future complaints. Mr. White's mitigating factors include an take extraordinary steps to avoid future complaints. Mr. White's mitigating factors include an

The The Committee was deeply concerned with Mr. White's disciplinary record and urges him to Committee was deeply concerned with Mr. White's disciplinary record and urges him to

offenses related to his negligence, coupled with his substantial experience in the practice of law. offenses related to his negligence, coupled with his substantial experience in the practice oflaw.

Under the fourth prong of the analysis, the Committee notes a long history of disciplinary Under the fourth prong of the analysis, the Committee notes a long history of disciplinary

of their property. of their property.

the assistance of subsequent counsel to obtain an accounting of their retainer funds and the return the assistance of subsequent counsel to obtain an accounting of their retainer funds and the return

resulted in a deterioration of attorney-client relationship and trust that led to the Shaws enlisting resulted in a deterioration of attorney-client relationship and trust that led to the Shaws enlisting

Under the third prong of the analysis, Mr. White's negligence and lack of communication Under the third prong of the analysis, Mr. White's negligence and lack of communication

White's misconduct was the result of negligence. White's misconduct was the result of negligence.

Under the second prong of the analysis, the Committee agrees with the parties that Mr. Under the second prong of the analysis, the Committee agrees with the parties that Mr.

declining or terminating of representation of Ms. Howarth-Shaw. declining or terminating of representation of Ms. Howarth-Shaw.

funds. Mr. White also violated his duty to the legal profession when he mishandled the accepting, funds. Mr. White also violated his duty to the legal profession when he mishandled the accepting,

Shaws, as that duty required careful handling and preservation of client property, including Shaws, as that duty required careful handling and preservation of client property, including

Under the first prong of the analysis, Mr. White violated the duty ofloyalty owed to the Under the first prong of the analysis, Mr. White violated the duty of loyalty owed to the

sanction. sanction. Id. Id.

the existence of any aggravating or mitigating factors and whether they affect the baseline the existence of any aggravating or mitigating factors and whether they affect the baseline

baseline sanction is determined, the Court then looks to the fourth and final part of the analysis: baseline sanction is determined, the Court then looks to the fourth and final part of the analysis:

misconduct and determining a baseline sanction. misconduct and determining a baseline sanction. See Conner's Case, See Conner's Case, 158 N.H. at 303. Once the 158 N.H. at 303. Once the

The first three parts of the analysis create the framework for characterizing the The first three parts of the analysis create the framework for characterizing the

(2007)); (2007»; Standards Standards §3.0. §3.0.

existence of aggravating or mitigating factors." existence of aggravating or mitigating factors." Id. Id. (quoting (quoting Douglas' Douglas' Case, 155 Case, 155 N.H. 613, 621 N.H. 613, 621

mental state; (c) the potential or actual injury caused by the lawyer's misconduct; and (d) the mental state; ( c) the potential or actual injury caused by the lawyer's misconduct; and (d) the p. 10 Page 10 of 10 Page 10 oflO File File Stephen A.S. White, Esquire Stephen A.S. White, Esquire Julie A. Introcaso, Disciplinary Counsel Julie A. Introcaso, Disciplinary Counsel Distribution: Distribution:

Respondent shall pay all costs of the investigation and prosecution of this matter. Respondent shall pay all costs of the investigation and prosecution of this matter.

The parties have stipulated, and the Committee accepts the Stipulation that the The parties have stipulated, and the Committee accepts the Stipulation that the

by this Order shall remain in full force and effect. by this Order shall remain in full force and effect.

should not be imposed. All other portions of the Agreement to Extend not specifically modified should not be imposed. All other portions ofthe Agreement to Extend not specifically modified

and the Committee shall schedule a hearing for Mr. White to show cause why the suspension and the Committee shall schedule a hearing for Mr. White to show cause why the suspension

be alerted. The ADO shall notify the Committee as to the existence of any docketed complaint, be alerted. The ADO shall notifY the Committee as to the existence of any docketed complaint,

suspension shall be processed by the ADO on an expedited basis and Disciplinary Counsel shall suspension shall be processed by the ADO on an expedited basis and DisciplinalY Counsel shall

Counsel. Any future grievance filed against the Respondent during the period of the stayed Counsel. Any future grievance filed against the Respondent during the period of the stayed

Greene, Esquire, or other qualified law practice management consultant approved by Disciplinary Greene, Esquire, or other qualified law practice management consultant approved by Disciplinary

in the in the Roberts Roberts case through December 31, 2013, with continued quarterly reports from Arthur case through December 31, 2013, with continued quarterly reports from Arthur

during the period of the stayed suspension, the Committee hereby extends the stayed suspension during the period ofthe stayed suspension, the Committee hereby extends the stayed suspension

For all the reasons stated above, including the fact that the above rule violations occurred For all the reasons stated above, including the fact that the above rule violations occurred

misconduct. misconduct.

cooperative attitude toward these proceedings, remorse, and acceptance of responsibility for the cooperative attitude toward these proceedings, remorse, and acceptance of responsibility for the

absence of a dishonest or selfish motive, full and free disclosure to disciplinary counsel and a absence of a dishonest or selfish motive, full and free disclosure to disciplinary counsel and a p. 11 File Stephen A.S. White, Esquire Sara S. Greene, Disciplinary Counsel Distribution:

conditions currently in place shall continue during this extension. voted to extend the stayed suspension until such time as the new matter is resolved. All than the current December 31, 2013 expiration of the stay. Upon consideration, the Committee ) that will require more time to process expire on December 31, 2013. There is a new matter currently under investigation ( Attorney White is presently under the conditions of a stayed suspension which is set to

were absent. Oot. Alan J. Cronheim was recused and not present. Richard D. Sager and Mary Elizabeth Tenn Thomas P. Connair, Richard H. Darling, Elaine Holden, Heather E. Krans Sager and Martha Van Rothstein, Chair, Benette Pizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Susan R. Chollet, Counsel's Assented-to Motion to Extend the Stay. Members present included David M. On December 10, 2013, the Professional Conduct Committee deliberated Disciplinary

White, Stephen A.S. advs. Elaina Roberts # 07-044

White, Stephen A.S. advs. Richard Shaw & Susan Howarth-Shaw #10-062

Richard H. Darling* Holly B. Fazzino, Administrator Alan J. Cronhehn * non attorney member Thomas P. Connair Mary Elizabeth Tean Susan R. Chollet* Martha Van Oot Toni M. Gray,* Vice Chair 603-224-5828 • Fax 228-9511 Richard D. Sager Benette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Heather E. Krans David M. Rothstein, Chair 4 Chenell Drive, Suite 102 Elaine Holden*

Stephen A.S. White, Esquire ElizabethM. Murphy, AssistantDisciplinaryCounsel Distribution:

Upon consideration,the Committee voted toclosethematters.

R. Cholletand Georges J.Roy were absent. Kerouac, Mona T. Movafaghi, David W. Ruoff,Richard D. Sager,and Martha Van Oot. Susan Krans, Vice Chair,ElaineHolden, Vice Chair,PeterG. Beeson, Richard H. Darling,Margaret R. toclosetheabove matters.Members presentincludedDavid M. Rothstein,Chair,Heather E. The Committee met on April 21, 2015, toconsider AssistantDisciplinaryCounsel'sletter

White,Stephen A.S. advs. Richard Shaw & SusanHowarth-Shaw - #10-062

Margaret R. Kerouac Barbara J.Guay, Legal Assistant Richard H. Darling* * non attorneymember Susan R. Chollet* Martha Van Oot PeterG. Beeson Richard D. Sager Elaine Holden,* Vice Chair 603-224-5828 ♦ Fax 228-9511 David W. Ruoff Heather E. Krans, Vice Chair Concord, New Hampshire 03301 Georges J. Roy* David M. Rothstein,Chair 4 Chenell Drive,Suite 102 Mona T. Movafaghi