Thomas P. Grodt (2012)

on May 27,1997.He is alsoadmittedtopracticelaw inMassachusetts. 1. Thomas P. Grodt was admitted to the practiceoflaw in New Hampshire

convincing evidence. The Committee accepts theStipulation.This establishesthe following facts by clear and

"Stipulation"),theCommitteemakes thefollowingfactualfindingsandrulings. ApproveStipulationand StayDisciplinaryProceedingsRelativeto the IssueofSanction(the Process.Uponfurtherdeliberation,includingconsiderationof theAssented-ToMotionto The Committeevoted to grant the Requestto Permit Waiverofthe Hearings Committee Connair, andJames R. Martin were absent. H. Nelson, Chair, Benette Pizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Thomas P. N. Cole, Gerald A. Daley, Richard H. Darling, Jaye L. Rancourt, and Richard D. Sager. Margaret Chairof themeetingby MargaretH.Nelsonwho was unabletoattend,Susan R.Chollet,David deliberatedthe abovecaptionedmatter.Members presentincludedAlan J.Cronheim,designated On February21,2012,theProfessionalConductCommittee(the"Committee")

Grodt, Thomas P.advs.Raymond A. andPamelaF. Gerrior#10-040

Alan J. Cronheim Holly B. Fazzino, Administrator Thomas P. Connair * non attorney member David N. Cole Richard D. Sager Susan R.Chollet* Jaye L. Rancourt ToniM. Gray,*ViceChair 603-224-5828 ♦ Fax 228-9511 JamesR. Martin BenettePizzimenti,Vice Chair Concord,New Hampshire03301 Richard H.Darling* .* MargaretH. Nelson,Chair 4 ChenellDrive,Suite102 GeraldA.Daley*

dated July29,2010. 14. The Gerriorssent theAttorneyDisciplineOffice("ADO") a grievance

13. The bankruptcypetitionforRaymond was neverfiled.

Grodt. 12. Thereafter,theGerriorswereunsuccessfulin theirattemptstocontactMr.

that he would movequicklyto get the case back on track. becauseMr. DiSalvohad passedaway. Mr. GrodtassuredtheGerriors toldthem thatnothinghad beendoneonRaymond'sbankruptcypetition 11. InJanuaryof2010,theGerriorsfinallyspokewithMr. Grodt.Mr. Grodt

creditorsto Mr. Grodt'soffice. 10. Mr. DiSalvo also instructed the Gerriors to refer anyofRaymond's

paperworkwould befiled. speakwithMr. DiSalvoatonepointand wereassuredthatthebankruptcy Mr. Grodtand,for themostpart,wereunsuccessful.They wereableto 9. Thereafter,theGerriorstriedon anumberofoccasionsto get intouchwith

pasttaxreturns,recentpay stubsand unpaidbills. 8. The GerriorsprovidedMr. GrodtwithdocumentsincludingRaymond's

cashier'scheck(#0202279)intheamountof$1,101.00fortheretainer. 7. On September24,2009,theGerriorsgaveMr. GrodtaBank ofAmerica

was paid in full. thebankruptcypaperworkcouldnotbefileduntiltheretainerforlegalfees 6. Later,Mr. Grodt'sparalegal,JamesDiSalvo,informedtheGerriorsthat

paymentof thebankruptcyfilingfee. 5. The GerriorsgaveMr. Grodtacheck(#1044)intheamountof$300.00for

a Chapter7 bankruptcypetition. theirson,Raymond A.Gerrior,II("Raymond").Raymond wantedtofile ("theGerriors")contactedMr. Grodtrequestinglegalrepresentationfor 4. On September6,2009,Raymond A. Gerrior,Sr.and PamelaF.Gerrior

PeabodyRoad Annex,Derry,New Hampshire03038. 3. At all times relevant to this case,Mr. Grodtoperatedhis law practiceat 4

oflaw,effectiveDecember 6,2010. 2. Mr. Grodtiscurrentlysubjecttoathree-yearsuspensionfromthepractice p. 3 Page 3 of8

addressedtoRaymond and a check, both datedSeptember 6,2010. Gerriors, however he did produce for Mr. DeHart a copyofa letter 22. There is no indicationthat Mr. Grodt provided a copyofthis reply to the

representation letter I am sending him as well. ofthe check I am sending him and a copyofa terminationof any and all records in my possession. Enclosed, please find a copy Given theconflictthat has arisen, I amreturninghis$1,300.00and

received acertificateofcompletionofcreditcounseling. received his 2009 tax returns in July2010 and I have still not During thecourseofmy representationofMr. Gerrior, I only certificateofcompletionofa certified creditcounselingcourse. paperwork to file a bankruptcy are the most recent tax returns and a filingfee. As I amsureyou areaware,among thenecessary bankruptcy and received$1000.00for my fee and $300.00 for the complaint. I was retained by Mr. Gerrior to file aChapter7 Thank you for your letter regardingRaymond Gerrior's

Dear Attrorney(sic)DeHart:

Grodt. Itreads as follows: 21. On September 7,2010,Mr. DeHart received a faxedresponsefrom Mr.

Gerriors'scomplainthis immediate attention. Grodt asecond letter on August17,2010,asking that he give the 20. Having receivedno response, General Counsel James L.DeHart sent Mr.

19. Mr. Grodt'sreply was due on August12,2010.

reply to thecomplaintwithin10 days. Trevethick.The coverletter informed Mr. Grodt that he wasrequiredto 2010,alongwith acoverletter from DeputyGeneralCounsel Thomas V. 18. A copy oftheGerriors'scomplaintwas forward to Mr.Grodt on August 2,

17. The ADO docketed thismatteras acomplainton August 2,2010.

to him, as someofthem were their only copies. 16. They also wanted Mr. Grodt to return allofthe documents that were given

$1,401.00so that they could hire new counsel. 15. In their letter, the Gerriors stated that they wanted Mr.Grodt to returntheir p. 4 Page 4of8

2009. 29. The recordsMr. Grodt returnedincludedtax returnsfor2007, 2008 and

he had been given via priority mail. 28. Then, on October 11,2010,Mr. Grodt returned the financial records that

hesitatetocontactme. Ifyou have any questions regarding this matter, please do not you is $1400.00. check for$100.00 so thatthe totalamount I have now returnedto the filing feeof$300.00.Accordingly,please find enclosed a Upon further reviewofyour file, I see that you paid$1100.00plus Dear Mr. Gerrior:

letter sent toRaymond stated: 27. On September 23, 2010,Mr. Grodt issued a second check. The cover

should have been kept. NH #3308877793),rather than a client trustaccount,where the funds 2009, was deposited into this same operating account (Citizens Bankof 26. It appearsthat the filing feeinitiallypaid by theGerriorson September6,

law firm operating account (Citizens BankofNH #3308877793). drawn on theaccountof"Thomas P.Grodt AttorneyatLaw," Mr. Grodt's 25. The CitizensBank check(#1343)that wasenclosedwith thisletterwas

2010. Mr. DeHart),but did not forward them toRaymond untilSeptember 22, check on oraboutSeptember 7,2010 (the dateofthe faxedresponseto September22,2010,suggesting that Mr. Grodt dated the letter and the 24. The envelope in which the letter and check were sent waspostmarked

terminatesour attorneyclientrelationship. returning your financial records under separate mailing. This $1000.00 for my fee and $300.00 for the filing fee. I will be firm's check for$1300.00which represents your paymentof ourprofessionalrelationship.To this end, please find enclosed this Given the conflict that has developed it is obviously bestifwe end Dear Mr. Gerrior:

23. Mr. Grodt'sletterto Raymond stated: p. 5 Page 5of8

evidence ofa violationofRule 1.4. wouldaccomplishtheirobjectivesrepresentsclearandconvincing about the status of thebankruptcypetitionand the means by which he 37. Mr. Grodt'sfailure to take reasonable steps to keep hisclientsinformed

responsiveorprovidedmisleadinginformation. Mr. Grodt about the statusofthe matter directly, Mr. Grodt was non- Raymond'sbankruptcypetition.Further,when theclientswereableto ask 36. Mr. Grodt took noaffirmativesteps to notify the Gerriorsofthe status of

essentiallykeeping themunawareof the statusofRaymond's case. 35. Mr. Grodt failedtorespondto anumberof the Gerriors'stelephonecalls,

Conduct Rule 1.4(a)(3). clientreasonablyinformedaboutthestatusof thematter.N.H. R.Prof. means by whichtheclient'sobjectivesareto beaccomplishedandkeepthe 34. Rule 1.4requiresa lawyertoreasonablyconsultwith the client aboutthe

and convincing evidenceofa violationofRule 1.3. the manner agreed and withinareasonableperiodoftime, representsclear 33. Mr. Grodt'sfailure to carry out his representationofRaymond Gerrior in

Counseling was needed norofany other cause for delay. 32. Similarly, Mr. Grodt neverinformedthe client that a Certificateof

fee. behalf of the client despitehavingbeenpaid both a legal fee and a filing Raymond Gerriordiligently,in thatheneverfileda bankruptcypetitionon 31. Between September 2009 and July2010,Mr. Grodt failed to represent

promptnessinrepresentinga client."N.H. R. Prof. Conduct Rule 1.3. 30. Rule1.3requires a lawyerto "act with reasonablediligence and

evidencethat the Respondent violated thefollowingRulesofProfessional Conduct. The Committeeaccepts theStipulationandaccordinglyfinds clear andconvincing

Stipulationfflj1-29 at 1-5. p. 6 Page 6of8

would be returning his financial records "under separate mailing." of$1,300.00, and prepared a cover letter to Raymond indicating that he complaint,Mr. Grodtdrafteda checkpayabletoRaymond in the amount 44. Nearly four weeks beyondthedeadlinefor a reply to theADO-docketed

misconduct with the Attorney Discipline Office. and resulted in the Gerriors' filingofa grievance about Mr.Grodt's communication with theGerriors,amounted toabandonment ofthecase 43. Mr. Grodt'slackofattention to Raymond's case, along with his lackof

R. Prof.Conduct Rule 1.16(d). paymentof fee or expensethat has not been earnedorincurred...."N.H. and property to which the client isentitledand refundingany advance client, allowing time for employmentofother counsel, surrendering papers protecta client'sinterests,such asgivingreasonablenoticeof(sic) the representation,"shall take steps to the extentreasonablypracticableto 42. Rule 1.16states that a lawyer, as a conditionofterminationof

a violationofRule 1.15. or the expenses beingincurredrepresentsclear and convincingevidenceof expensesthat theGerriorshad paid inadvanceofthose fees being earned 41. Mr. Grodt'sfailure to deposit into a client trust account the legal fees and

firm'soperating account. 40. When thesemonies were returned, the checks wereissuedfrom the law

trust account as required by the NewHampshireSupreme Court Rules. into his law firm'soperatingaccountatCitizensBank and not into a client 39. Mr. Grodt depositedthe Gerriors's retainerfundsand pre-paid filing fees

N.H. R. Prof.Conduct Rule 1.15(d). lawyer only as fees areearnedor expenses incurred. expensesthathavebeenpaidinadvance,to bewithdrawnby the (d) Alawyershalldepositintoa clienttrust accountlegalfeesand

38. Rule 1.15 states:

convincing evidenceofa violationofN.H. R. Prof. Conduct 8.1(a). 52. Mr. Grodt'sfalsestatementsoffact to Mr. DeHartrepresentclearand

recordsincludedtax returns for threeyears,2007,2008 and 2009. 51. When Mr. Grodt finally returnedRaymond's financial records to him, the

thesedocuments to Raymond Gerrior for more than two weeks. both datedSeptember6,2010.However,Mr. Grodt then delayed mailing forward promptly these items by providing Mr. DeHart copiesofthem, and acheck toRaymond, and offered to Mr.DeHart proofofhisintentto also indicated in his reply that he would be sending aterminationletter was he given a copyofRaymond's CertificateofCounseling.Mr. Grodt any ofRaymond Gerrior'staxreturns,other than his 2009 tax returns, nor an excuse for his lackofdiligence, claiming that he was not provided with 50. In his faxed rely to Mr. DeHarton September7, 2010, Mr. Grodt provided

false statementoffact to a disciplinary authority. 49. N.H. R. Prof. Conduct8.1(a)prohibits a lawyer from knowingly making a

1.16. earnedrepresentsclearandconvincingevidenceof aviolationofRule return promptlyfinancialdocumentsand retainerfunds that had not been noticeto the clientabout hisabandonment ofthecase,and hisfailureto Raymond Gerrior'sinterests,alongwithhisfailureto givereasonable 48. Mr. Grodt'sfailure to take reasonablypracticablesteps toprotect

records. copyof theGerriors'sgrievance,Mr. GrodtreturnedRaymond'sfinancial 47. On October 11,2009, more than two months after having been given a

had givenhim. $100.00after havingdeterminedtheactualamountofmoney theGerriors 46. On or aboutSeptember23,2010,Mr. Grodtsenta checkfor anadditional

but no financialrecords. 45. On September22,2010,Mr. Grodtmailedthecheckand the coverletter, p. 8 Page 8 of8

File Thomas P. Grodt Julie A. Introcaso, Disciplinary Counsel Distribution:

reinstatement. this matterwill be addressed prior to or inconjunctionwith Mr.Grodt'srequest for The Committeevoted to stay theimpositionofa sanction to the extent that the sanction in

request forreinstatement. theinvestigationandprosecutionof thismatter.Allcostsareto be paid priortoMr. Grodt's The Committeeaccepts theStipulationthatMr. Grodt shall pay all costsassociatedwith III. COSTS

Stipulationffil31-58 at5-10.

violationofRule 8.4(a). above Rules, there is necessarily clear and convincingevidenceofa 53. Because there is clear and convincing evidence that Mr. Grodt violated the