Andrew G. Macchione (formerly Bronson) (2013)

followingconsiderationand review oftheStipulationand therecordas awhole, theProfessional

The partiesstipulatedtocertainfactualallegationscontainedinthepleadings.As a result,

as well as theMonitoringAgreement in this matter.

Motion toPermitWaiver ofFormal Proceedingsand forFinalRuling and approved theStipulation

Following deliberations,theProfessionalConduct Committee grantedtheAssented to

LisaWellman-Ally were absent.

Sager, andMartha Van Oot. BenettePizzimenti,Vice Chairwas recused.Heather E. Krans and

Connair,Susan R. Chollet,Alan J.Cronheim, RichardH. Darling,ElaineHolden, Richard D.

Members presentincludedDavid M. Rothstein,Chair, Toni M. Gray,Vice Chair,Thomas P.

Violations,and Sanctionand theProposed MonitoringAgreement in theabove referencedmatter.

toPermitWaiver ofFormal Proceedingsand for FinalRuling,theStipulationas toFacts,

On May 21,2013, theProfessionalConduct Committee reviewed theAssented toMotion (updated monitor) WITH TWO YEARS CONDITIONALLY STAYED REISSUED RECOMMENDATION FOR THREE YEAR SUSPENSION

Bronson, Andrew G. advs. AttorneyDisciplineOffice#10-035

Richard H. Darling* Holly B. Fazzino,Administrator Alan J.Cronheim * non attorneymember Thomas P. Connair Lisa Wellman-Ally Susan R. Chollet* Martha Van Oot Toni M. Gray,* ViceChair 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*

for theentiretyofthe audit period. He failed toproperlydocument compliance with Supreme Court Rule 50 orRule 1.15 and was out oftrust ending on May 31,2010. The auditshowed thatMr. Bronson was not in 10. The auditcoveredover three years,beginningon December 1, 2006 and

Calaman, on December 5, 2012. records.The auditwas completed by theADO's staffauditor,CraigA. 9. Mr. Bronson voluntarilyagreedto anauditofhis lawfirm'sbooks and

8. Mr. Bronson is stillunder an administrativesuspension.

2010. failure to file his Annual TrustAccountingCompliance Certificatefor administrativelysuspendingMr. Bronson from thepracticeoflaw for 7. On January 6,2011, theNew Hampshire Supreme Court issuedan order

September 16,2010. thematteron July 20,2010 and referred it toDisciplinaryCounsel on 1.15.(Footnoteomitted.)The AttorneyDisciplineOffice(ADO) docketed 6. By letterofJuly16,2010,Mr. Bronsonself-reporteda violationofRule

is notcurrentlypracticinglaw. he is analcoholic.Mr. Bronson has notpracticedlaw since that date and recurringpersonalissueswhich ultimatelyled Mr.Bronson toadmit that 5. Mr. Bronson ceasedtopracticelaw on orabout March 3,2010, due to

4. Mr. Bronson has nopriordisciplinaryrecord.

Lake Road, Landaff,New Hampshire,03585. Main Street,Franconia,NH. His currentmailingaddressis4410 Pearl exclusivelydevotedtobankruptcy.His lawofficewas locatedat 273 3. Mr. Bronson's practiceduringtherelevanttime periodwas almost

jurisdiction. 2. Mr. Bronson has notbeen admittedtopracticelaw in anyother

School ofLaw in 1991. November 4, 1991. Hereceivedhis J.D. from theUniversityofVirginia 1. Andrew G. Bronson was admittedto theNew Hampshire Bar on

and convincingevidence:

Conduct Committee determinedthattherecordsupportedthefollowingFindingsofFactby clear p. 3 Page 3 of14

physicianand a social worker several timesduringhisrecoveryatHigh it, andacquiring"tools"to avoid its harmful effects. He also metwith a dailymeetingsand lectures aimed atadmittinghisalcoholism,addressing extremelyregimented dailyroutine(includingphysicalwork) and attended Connecticut.During his time at High Watch, Mr.Bronson followedan Recovery Center,a residentialrehabilitationcommunity locatedinKent, 16. Beginning in April2010, Mr. Bronson spentthreeweeks atHigh Watch

furtherrisk. privatepracticewithoutthreateninghissobrietyand puttinghisclientsat time thatalthoughhiscasesstillrequiredattention,he could notre-enter borrowed money so that he could attend. He alsoacknowledged at that alcoholism.Mr. Bronson committed to thisin-patienttreatmentand NHLAP's suggestion,he agreedtoattendin-patienttreatmentfor his 15. Mr. Bronson returnedtoNew Hampshire around mid-April2010, and at

alcoholicstoattendtheadditionalmeetingswith Mr. Bronson. Mike B. could not be with Mr. Bronson, hearrangedforotherrecovering Mike B. accompanied him to at least twoofthosedailymeetings. When between four to six AA meetings daily during the time he was in Dallas. frequentAlcoholicsAnonymous ("AA") meetings. Mr. Bronson attended 14. During thattime,he abstainedcompletelyfrom alcoholand attended

approximatelytwo weeks livingwith Mike B. March 22,2010,Mr. Bronson flew to Dallas, Texas,where he spent since 1988. Mike B.became Mr. Branson'ssponsor.On or around was Mr. Branson'sroommate inlaw school and has known Mr. Bronson 13. That assistancefirsttook the formofa friendand lawyer,"Mike B.,"who

to stopdrinkingand seek help toaddresshisalcoholism. conversationswith friends,family, andcolleagues,Mr. Bronson decided ofCecileB. Hartigan,NHLAP's ExecutiveDirector,and through Hampshire Lawyers AssistanceProgram ("NHLAP"). With theassistance 12. Around March of2010, Mr. Bronson made contactwith theNew

clientcomplaintabout Mr. Bronson. alcoholism,as explainedmore fullybelow,theADO has never receiveda 11. Despitethemyriad trustaccountproblems resultingfrom Mr. Branson's

receiptsand disbursementsand failed toperform monthly reconciliations. receiptsand disbursements,failedtoconsistentlymaintainclientledgers, p. 4 Page 4 of14 thatMr. Bronson would transferhisIOLTA clienttrustaccount to the Bronson, working inconjunctionwithNHLAP and with theADO, agreed 24. Aftera significantamount ofdialogue,Mr. Cornell,Ms. Kainen, and Mr.

bankruptcies.In general,hiscase load was in astateofdisarray. Court Rule 50. He had not beendiligentinpursuinghisclients' accountinaccordancewith the rulesofprofessionalconduct and Supreme 23. As notedabove,Mr. Bronson had notbeen maintaininghisclienttrust

Branson'scaseloadand see hiscasesthroughtoresolution. also abankruptcypractitioner,generouslyagreedto takeover Mr. 22. It was inthiscontextthatMr. Cornell,along with Michelle M. Kainen,

in-patienttreatment. addresshisalcoholism,he needed torefrainfrom practicinglaw and enter Bronson returnedtoNew Hampshire,he determinedthat inorderto were many more activecases than heinitiallyexpected.When Mr. 21. During Mr. Branson'sabsence,itbecame clearto Mr.Cornellthatthere

Bronson was beginninghisrecoveryin Dallas. for whatboth men believedwould be aperiodofa fewweeks while Mr. practitioner,Mark P. Cornell,agreedtotakeover Mr. Branson'scase load flew to Dallasshortlythereafter. A friend and fellowbankruptcy 20. As noted above, Mr. Bronson stopped drinking onMarch 22,2010 and

two tothreetimesper week. 19. Mr. Bronson speaks with his sponsor, Mike B.,anywhere from daily to

meetings andcontinuesto maintain his sobriety. his sobriety. During2012,Mr. Bronson continued to attend monthly Bronson attendedAA meetingstwo tothreetimesa month and maintained 18. After becoming employed during2011 (in a non-lawyer position), Mr.

sober. Over the next year, and every daysince,Mr. Bronson focused on staying Bronson continuedto attend AA meetings two to three times a week. support network, that his sobriety should be his primary focus. Mr. interestinresumingthe practiceoflaw becausehe believed,as did his May 8, 2010. He did not immediately obtain employment and had no 17. Mr. Bronson completed his in-patient treatment at High Watch on or about

Watch. p. 5 Page 5 of14 Mr. Cornellsoughtguidancefrom theADO about how to effectuatethe one ofMr. Branson'sformer clientswho is due arefundofher filingfee. and supplementalinformationprovidedby Mr. Cornell,thereremains only 31. As ofDecember 2012, accordingto theauditconducted by Mr. Calaman

December 4, 2012. 30. The ADO completed itsauditofMr. Branson'strustaccounton

drinkingon March 22,2010, he hascooperatedwithoutreservation. Cornell,and Mike B. SinceMr. Bronson stoppedpracticingand stopped 29. Mr. Bronson completelysurrenderedto theguidance oftheNHLAP, Mr.

Watch, inKent,Connecticut,or continuinghisrecoverypost-rehab. Mr. Bronson was eitherin Dallas,attendingin-patienttreatmentatHigh sortingthroughMr. Branson'sfiles andcompletingthebankruptcywork, 28. Throughout theperiodoftime thatMr. Cornelland Ms. Kainen were

Bronson could not attendto inthe wake ofhiscrisis. 27. Mr. Cornelland Ms. Kainen sortedthroughnearly200 clientfilesthatMr.

but forwhom bankruptcieswere neverfiled. ofpocket"expensesfor those clients who hadalreadypaid Mr.Bronson doing a great dealof workpro bono, it allowed them to at least avoid"out quoted by Mr. Bronson. Finally, while Mr.Cornelland Ms. Kainen were completed. Secondly,itensuredno clientpaid legalfeesbeyond the fees ensuredthat allofMr. Branson'sclients would havetheirbankruptcies 26. This arrangementaccomplishedseveral goals.Most importantly,it

filing fee twice. (The filing fees werebetween $274 and $299). Cornell & Ovitt Puc IOLTA trust account, every client who had to pay a reimburse, from the IOLTA funds deposited by Mr. Bronson into the had not yet been filed in bankruptcy court. The plan was to then pro bono), but the client would have to pay the filing fees againifthe case without charging any additional legal fees (essentially completing cases well as all filingcosts,Mr. Cornellor Ms.Kainen would takethecaseon completing the bankruptcy work; (2) if a client had paid ail legal fees as take on thecase and receivethe balance ofthe fee from the clientfor client had paid aportion oflegal fees, Mr. Cornell or Ms. Kainen would followingarrangementforthosematterswhichstillrequiredwork: (1) if a 25. Mr. Cornell,Ms. Kainen,and Mr.Bronsonultimatelyagreed on the

family) to be paid into the Cornell & Ovitt PucIOLTA trustaccount. $3,819.00ofhis personal funds (which he borrowed from friends and accountmight not cover allclientneeds, Mr.Bronson caused an additional Cornell& Ovitt PucIOLTA trustaccount.Fearingthat thebalancein that p. 6 Page 6 of14

self-appraisal"inventories,"and seeking a spiritualconnectionwith his AA recommendations such as speaking weeklywithhissponsorMike B., every month. Hemaintainshis"12 stepprogram" and followstheother 38. Currently, Mr. Bronson attends theManchesterAttorneys'AA meetings

and suggeststheycontacttheiroutsidecounsel. encroaches on legal issues, he simply flags the issue for his supervisors rendered legal advice, and in the event an issue arises thatremotely 37. In conjunctionwith his currentemployment, Mr. Bronson has never

Agriculture(since insect repellents aretechnicallya pesticide). Corporationannuallyto the FDA, EPA and stateDepartmentsof as reports for internal useconcerningapplicationssubmittedby Tender includecompletingreports for retailers, retailersupportservices,as well Rather,Mr. Bronson'spositionislargelyadministrative.His duties management decisions nor does he have any duties that involve money. practicelaw. Hispredecessorwas not alawyer. He does not make 36. In his capacityas RegulatoryAffairsManager, Mr. Bronson does not

a full lineofinsect repellents, first-aid and burn remedy products. insectbitetreatment.Since that time, it hasgrown and now manufactures business in Littleton, New Hampshire, made famous by itsAfterBite® Corporationwas founded in1975 as a family-owned andoperated with Tender Corporationas RegulatoryAffairsManager. Tender 35. Around October of2011, Mr. Bronson obtainedfull-timeemployment

threeyears. 34. As ofthe dateofthisStipulation,Mr. Bronson has been soberforover

theirwork on behalfofhisclients. remainingfunds topartiallycompensateattorneysCornelland Kainen for devicewhich analyzeshisbreathforalcohol).Mr. Bronson willuse any associatedwithhisMonitoringAgreement (forexample,topurchasethe 33. Mr. Bronson will use aportionofthesefundstopay forthe costs

reimbursingthe single client the filing fee, is$3,828.81. account to Mr. Bronson. The balance ofthe trustaccount,after is duetheamount ofa filingfee anddisbursetheremainder ofthetrust 32. In February 2013, theADO advisedMr. Cornellto refund any clientwho

Mr. Bronson once allclientswere paid. refundand about what to do with anybalanceoffunds held on behalfof p. 7 Page 7 of14

ProfessionalConduct 1.3. thatMr. Bronson's conduct constituteda violationofN.H. Rule of 45. Under theforegoingcircumstances,there isclearand convincingevidence

filingfeetwice were refundedthe fee. formerclients'bankruptcieswere completed and allclientswho paida Mr. Cornelland Ms. Kainen, no clientwas harmed. All ofMr. Bronson's avoidprejudiceto hisclients,as well as theextraordinaryassistanceof due to Mr.Bronson's self-reportand theremediatingstepshe took to hisclients'behalfcaused potentialharm to hisclients'cases.However, 44. Mr. Bronson'sfailures to act with reasonablepromptnessand diligenceon

with reasonablepromptness and diligenceon behalfofhisclients. 43. Mr. Bronson's conduct as describedabove constitutesthe failureto act

despitehaving receivedfees from them. bankruptcies,or in some cases, failed to filetheirbankruptciesat all representationto hisclientsbecausehe failed tocomplete their Calaman's auditreport,Mr. Bronson failed toprovidediligent 42. As explainedin more detail in Mr.Bronson'sself-reportand Mr.

on behalfofclients. 41. Mr. Bronson had a duty to actwith reasonablepromptness and diligence

40. The facts set forthabove areincorporatedby reference.

RulingsofLaw:

and therecordas awhole, finds thereexistsclear andconvincingevidencetosupportthefollowing

The ProfessionalConduct Committee,upon considerationand reviewoftheStipulation

practice— he statesthat he has never beenhappierin his lifethantoday. position. However, Mr. Bronson does not intend to everreturntoprivate not ruleout a returnto itifTender Corporationcreatedan in-houselegal 39. Mr. Bronson has no desire to practice law at this time,althoughhe does

gratitude. "higherpower" throughdailymeditation,weekly yoga and constant p. 8 Page 8 of14

integrityofthe legalprofessionand preventsimilarconductin thefuture." Grew's Case, 156 N.H.

punishment butrathertoprotectthe public,maintainpublicconfidencein the bar,preservethe

The Committee recognizesthat"thepurposeofattorneydisciplineis not toinflict

Supreme Court'sentryofan Order in this matter.

The Committee recommends that the one yearsuspensionshouldbeginupon theNew Hampshire

suspensionwith two years stayed based on theMonitoringAgreement, attachedas Appendix A.

Conduct Committee concludesthattheappropriatesanctionin thismatteris athreeyear

Having made the abovereferencedFindingsofFact andRulingsofLaw, theProfessional

ProfessionalConduct 1.15and New Hampshire Supreme Court Rule 50. thatMr. Bronson's conduct constituteda violationofN.H. Rule of 49. Under the foregoingcircumstances,there is clear andconvincingevidence

personalfunds with clientfunds. reconciliationsofhistrustaccounttransactionsand by commingling Bronson breachedthese duties byessentiallykeepingno recordsor 48. As noted inParagraphs9-10, supra, and in theauditreport...Mr.

Bronson only as fees wereearnedor expenses incurred. paidinadvance by hisclients,to bewithdrawn by Mr. c. depositinto the client trust account legal fees andexpenses

New Hampshire Supreme Court Rules;and dispositionofallofhisclients'funds inaccordance with b. maintainrecordsofthehandling,maintenance,and

accordancewith New Hampshire SupremeCourt Rules; separatefrom Mr.Bronson'spropertyand maintainedin a. depositand hold hisclients'funds in aclienttrustaccount

47. Mr. Bronson owed hisclientsa duty to:

46. The facts set forthabove areincorporatedby reference.

In determininga baselinesanctionunder the Standards, thepartiesand theCommittee

reportedtheseethicalviolationsand took significantstepstoaddresshispersonaldifficulties.

The issuethatmost affectedthe Committee in itsreview was thatMr. Bronson self-

expenses.

sixteenclientshad topay a double filing fee, alltheseclientswere reimbursed fortheirextra

potentialfor greatharm to hisclients.Fortunately,very littleactualharm occurred.Although

While Mr. Bronson's conduct may not havebeen fullyintentional,itcertainlycreateda

intentionalin thesensethathe intendedtoprejudicehisclientsor mishandle theirtrustaccounts.

issuesto includealcoholism.As a result,the Committee concludes thathisconduct was not

accounts.While Mr. Bronson's conductwas knowing, it wascertainlyimpacted by hispersonal

failingtodiligentlypursuehisclients'bankruptcycasesand infailingto maintainthetrust

Bronson'sconductwas knowing in that he was fully awareofthecircumstancesofhisconduct in

failingtocomplete theirbankruptciesand by failing toproperlymanage clienttrustaccounts.Mr.

Under the firstprong oftheanalysis,Mr. Bronson violateddutiesowed to hisclientsby

51 to 77.

tosupporttheSanctionrecommendation. See Stipulationas to Facts,Violationsand Sanction,f s

The Committee agreeswith thedetailedanalysisofthepartiesincludedin theStipulation

mitigatingfactors." Standards, supra§3.0.

potential or actual injury caused by thelawyer'smisconduct; (d) the existenceofaggravating or

Followingthe Standards, we consider"(a) the duty violated; (b) thelawyer'smental state; (c) the

Lawyers Sanctions(2005) {Standards) for guidance. Coffey's Case, 152 N.H. 503, 513 (2005).

In reaching this decision, we use the American BarAssociation'sStandards for Imposing

361, 365 (2007)(quoting Coddington's Case, 155 N.H. 66, 68(2007)). p. 10 Page 10 of14

Bronson'slackofpriordiscipline,his fulldisclosureto theAttorneyDisciplineOfficeofthese

concurswith theparties'Stipulationand finds thefollowingmitigatingfactorsincludingMr.

factors thathave been broughtto theattentionoftheCommittee by theparties.The Committee

caseareaggravatorsunder the Standards. See §9.22. There are,however, strongmitigating

Bronson'ssubstantialexperiencein thepracticeoflaw and themultipleoffensesincludedinthis

The Committee next reviewed aggravatingand mitigatingfactorsinthiscase. Mr.

thepartiesthatthecombined baselinesanctionfor Mr.Bronson's conduct issuspension.

Under thetotalityofthecircumstancespresentedby thiscase,the Committee agreeswith

injury to a client. representinga client,and causesinjuryor potential negligentand does not act withreasonablediligencein 4.43 Reprimand isgenerallyappropriatewhen a lawyer is

4.42 Suspension isgenerallyappropriatewhen:

provides:

The partiesas well as theCommittee alsofocusedon §4.4ofthe Standards which

injuryor potentialinjuryto aclient. negligentindealingwithclientpropertyand causes 4.13 Reprimand isgenerallyappropriatewhen a lawyer is

injuryto aclient. with client property and causes injury orpotential knows or should know that he isdealingimproperly 4.12 Suspensionis generallyappropriatewhen a lawyer

focused on § 4.1ofthe Standards which providesin part: p. 11 Page 11 of14

PracticalSkillsCourse requiredofallindividualsnewly admittedto theNew

but are notlimitedto, theUniversityofNew Hampshire Law School and the

NHLAP) to findappropriatevenues forsuch outreach.Such venues could include,

thisend, heshould work with Ms.Hartigan(or theappropriateindividual(s)at

a speakeron behalfoftheNew Hampshire Lawyers AssistanceProgram. Toward

b) Outreach by Mr. Bronson. Mr. Bronson should make himselfavailableto be

closelywith NHLAP and a mentor assignedby NHLAP.

foralcoholconsumption,attendAA meetingsthreetimes perweek, and work

by reference.In short,theAgreement requiresMr. Bronson totesttwicemonthly

oftheMonitoring Agreement attachedheretoas ExhibitA and incorporatedherein

a) Alcohol Monitoringby NHLAP. Mr. Bronson shouldcomply with allterms

suspension,successfulcompletionofwhich shouldbe aprerequisiteto hisreinstatement:

Mr. Bronson shouldcomply with thefollowingspecificconditionsduringhis one year

reinstatement.

requirementsand theotherincludedconditionsshouldbe aconditionofMr. Bronson's

Agreement is theappropriatesanctionin this matter.Compliance with themonitoring

agrees that athreeyearsuspensionwith two yearsstayedbased on compliance with theMonitoring

Afterconsideringboth theaggravatingand substantialmitigatingfactors,theCommittee

consequencesofhismisconduct. See Standards, §9.32.

his conduct and, critically important, has made timely and continuing efforts to rectify the

problems during the timeofthe violations, has expressed remorse, has accepted responsibility for

Mr. Bronson had noselfishmotives. He was dealing withdifficultpersonaland emotional

issues and his cooperative approach in these proceedings. In addition, theCommittee finds that p. 12 Page 12 of14 ("remedialmeasures compliance report").

within30 daysoftheissuanceoftheCPA's reportsettingforthremedialmeasures

theadditionalmeasures,and to reportto theADO on hissatisfactorycompliance therewith,

theCPA shallrecommend remedialmeasures.Mr. Bronson agreestopromptly implement

(b) Should theCPA find anyshortcomingswith Mr. Bronson's accountingprocedures,

CPA's findings("initialfindingsreport").

ofProfessionalConduct 1.15.The CPA shall file areportwith theADO settingforththe

determiningwhetherMr. Bronson is incompliancewith Supreme Court Rule 50 and Rule

office-relatedaccountsand hisaccountingpracticesand proceduresand,aftersuch review,

retaina CPA at hisown expense. The CPA shall becharged with reviewingMr. Bronson's

(a) Within the time frame prescribed by the ADO, Mr.Bronson may be directedto

perform some or allofthefollowing:

discretion,requirethatMr. Bronson retaina CPA, which shouldbe approved by theADO, to

and whether any ofhisdutiesinvolvethehandlingofclients'funds,theADO may, in its

should so inform the ADO. In addition,dependingon the natureofMr. Bronson'semployment

point during the yearfollowinghisreinstatement,Mr. Bronson'semployment statuschanges,he

Mr. Bronson should inform the ADOofhis currentemployment status and his duties. If, at any

monitoringofany accounts associated with Mr.Bronson'spracticeoflaw. Uponreinstatement,

should keep the ADO apprisedofhis employment status. The ADO may, in its discretion, require

following his reinstatement. For the one year period following his reinstatement, Mr. Bronson

Mr. Bronson should also comply with the followingconditionsfor a one yearperiod

12 months following the effective dateofhis one year suspension.

Hampshire Bar. Mr. Bronson should speak at a minimumoftwo events during the p. 13 Page 13 of14

Mr. Bronson'spersonalcircumstances.

and hereffortstoaddressthesedisciplinaryissuesin a waythatbalancespublicprotectionwith

Committee notesand appreciatesthe timethatDisciplinaryCounsel has takentoreview thismatter

noted as well as thesupportand assistanceofMr. Bronson'ssponsor,Mike B. Finally,the

Hartigan,ExecutiveDirectoroftheNew Hampshire Lawyers AssistanceProgram should also be

Mr. Bronson's legalmatterswere properlyaddressed.The supportand guidance ofCecileB.

Bronson'sclients.The Stipulationnotesthattheyreviewed nearly200 clientfiles toassurethat

work tosupportnot only Mr.Bronson duringthisdifficultperiodbut, moreimportantly,Mr.

he addressedhispersonalissues. They eachcommitted an enormous number ofhours ofpro bono

ofthe workofAttorneysMark P. Cornell and Michelle M. Kainen insupportingMr. Bronson as

Inreviewingthis matter, theProfessionalConduct Committee wishes to take special note

comply with theabove-referencedconditions.

hearing before a Hearings Committee for the purposeofdeterminingwhetherhe has failed to

imposed. ShouldDisciplinaryCounsel file such a request, Mr.Bronson shouldbe affordeda

he be subject to an Order to Show Cause why the two year stayedsuspensionshould not be

Should Mr. Bronson fail tocomply with theseconditions,theCommittee recommends that

ADO ofthe remedial measures compliance report.

by the ADOofthe initial findings report, or, at the latest, within 30 daysofreceipt by the

year periodof suchquarterlyreportingshallbegin,at theearliest,30 days from the receipt

that Mr.Bronson'saccounting procedures comply with Rule1.15and Rule 50. The one

(c) The CPA shall submitquarterly,for a periodof one year, a reportcertifying p. 14 Page 14 of14

File CecileB. Hartigan,ExecutiveDirector,New Hampshire Lawyers AssistanceProgram Andrew G. Bronson Sara S.Greene,DisciplinaryCounsel Distribution:

August 8, 2013

PetitionforSuspensionofAndrew G. Bronson in the NewHampshire Supreme Court.

Therefore,theProfessionalConduct Committee directsDisciplinaryCounsel to file a

all suchcostsand expenses. See New Hampshire Supreme Court Rule 37(19).

theinvestigationand prosecutionofthis case. It isthereforealsorecommended thathe beassessed

agreed in theStipulationto pay the expenses incurred by theProfessionalConduct Committee in

violationofNew Hampshire Rules ofProfessionalConduct, Rules 1.3 and1.15.Mr. Bronson has

two years being stayed based on compliance with the attached Monitoring Agreement for his

Hampshire Supreme Court that Andrew G. Bronson be suspended for a periodofthree years with

For the above reasons,the ProfessionalConduct Committee recommends to theNew

IV. CONCLUSION understandsthat a missedtestconstitutesa positivetestresult. The p. 15 protocolasdirectedby theSupervisor.The MonitoredAttorney (4) (a) To submittoand bearthe costsof theSoberiinkAlcoholTesting

(3) To attend a structured recoverysupportgroup:

mind or mood-altering substances. (2) To abstainfromtakingover-the-countermedicationthatcontainsalcoholor

Supervisorallmedicationsprescribedtohim/her. an addictionpsychiatrist.The MonitoredAttorneyagreesto makeknown to the unlessand suchmedicationsareapprovedby theSupervisorinconsultationwith controlled substances or otherwise known to be drugs of abuse are prohibited attorney orsupervisingsuch treatment.Medicationsthatare classifiedas suchdrugsareprescribedby alicensedhealthcareproviderwho is treating the prohibitionisnotmeanttoapplytoanti-depressantsand mood stabilizers,when (1) To remainabstinentfrom alialcoholand othermood-alteringsubstances.This

I. The Monitored Attorneyagrees:

requiringmonitoring. and shallbegin to run upon the entry of an order by the NewHampshireSupreme Court NHLAP (theSupervisor),agreethatMonitoringunderthis agreementshallbe forone (1)year NOW, THEREFORE, the MonitoredAttorney,the Monitor, andCecileHartigan,Director,

AssistanceProgram (hereinafterNHLAP or Program); Supreme CourtAttorneyDisciplineOffice and the services of the NewHampshireLawyers providedas set forth herein, inaccordancewith the recommendation of the New Hampshire WHEREAS, (theMonitored Attorney),has requestedthatmonitoringservicesbe

from time totime; (9) ThattheMonitormay visittheMonitoredAttorneyat hisbusinessorresidence

(8) To immediatelyby telephonereportarrestsof any natureto theMonitor;

from the Monitor beforeleaving. theterms of the Monitoring Agreement, the MonitoredAttorneywill obtainconsent (7) Ifleavingtheareawherehelivesand/orpractices(e.g.,vacation,etc.)interfereswith

theSupervisor, asschedulespermit. Monitorandthe Supervisor,on a scheduleto be determined by theMonitorand (6) To contacthisMonitoron aweeklybasis,and to meetperiodicallywiththe

p. 17 (3) To supervisethe MonitoredAttorney'scompliance with alcoholtesting

monitoring period,a finalreport. upon termination of theMonitoringAgreement at theconclusionof the (2) To providequarterlyprogressreportsto the AttorneyDisciplineOffice,and,

program, ortotakeotherappropriateaction. detoxification,in-patientrehabilitation or anoutpatientintensivetreatment termsoftheAgreement and require the MonitoredAttorneyto participatein drugduringtheMonitoringAgreement term, the Supervisor may change the (1) Upon informationthat theMonitoredAttorneyhas usedalcoholor any other

III. The dutiesand responsibilitiesoftheSupervisorare:

(a) Any arrestofthe Monitored Attorney;and

(2) To reporttotheSupervisor:

report. ofthe MonitoringAgreement attheconclusionofthe monitoringperiod, a final (1) To provide quarterlyprogressreportstotheSupervisor, and, upontermination

II. The dutiesand responsibilitiesofthe Monitor are:

participationinthe Program. unprofessionalconduct committed by himwhether before,during, orafter take disciplinaryactionagainstthe Monitored Attorney'slicenseforany the authorityofthe New Hampshire AttorneyDisciplineOffice toinvestigateand (12) That participationinthe Program does not affect,alter, or curtail in anymanner

resultinterminationofthe MonitoringAgreement. (b)That failuretocomply with theterms of thisMonitoring Agreement may

Amendments will be provided tothe MonitoredAttorneyfor signature. and conditionstheydecide arenecessarytothe MonitoringAgreement. (a)ThattheSupervisor may modify, change, add to, or eliminate any provisions

(11) The Monitored Attorneyfurtheragrees: p. 18 Dated: flyr»* \ 2013

Date(j?Hy?/f /,2013

Dated:.,2013'-//)

Office. Agreement,theSupervisor shall report such tej ijhationto theAttorneyDiscipline In the eventan issue ofnon-complianceresults /heterminationoftheMonitoring