Paul J. Bennett (2014)

period. allowed his client trust accounts to be out of trust for a significant information in his Trust Account Compliance Certificates; and client trust account; failed to provide complete and accurate client funds, failed to perform monthly reconciliations of each fully and accurately document financial transactions affecting handling, maintenance and disposition of client funds; failed to earned or invoiced; failed to maintain records relating to the withdrew funds from client trust accounts to pay fees not yet operating expenses. Attorney Bennett also admitted that he making disbursements from client trust accounts to pay firm earned fees with client funds in his trust accounts; and knowingly client trust account or to his operating account; commingling payments deposited in a merchant trust account to his general own or his law firm's funds; failing to timely transfer credit card violated these rules by failing to hold client funds separate from his lawyer trust accounts. Attorney Bennett stipulated that he third parties and establish requirements for the maintenance of which require a lawyer to safeguard the property of clients and (a) Rule of Professional Conduct 1.15 and Supreme Court Rule 50,

rules: Specifically, Attorney Bennett stipulated that he had violated the following violated the Rules of Professional Conduct and Supreme Court Rule 50. agreed to the pertinent facts and Attorney Bennett conceded that he had Attorney Discipline Office (ADO) and Attorney Bennett, in which the parties The PCC's petition is based upon a stipulation entered into by the

petition. notified the court that Attorney Bennett did not intend to file an answer to the Attorney Bennett was served with the petition, counsel for Attorney Bennett of law, with the second year of the suspension stayed for one year. After petition for a two-year suspension of Attorney Paul J . Bennett from the practice On January 21, 2014, the Professional Conduct Committee (PCC) filed a

LD-2014-0002, In the Matter of Paul J. Bennett

of the stay. If the PCC determines that Attorney Bennett has not complied with year of the suspension should Attorney Bennett not comply with the conditions The PCC's recommendation included a process for imposing ·the second

be issued by the court and the remainder of the suspension shall be stayed. reinstatement, an order reinstating Attorney Bennett to the practice of law will Attorney Bennett has complied with the conditions necessary for recommendation. Upon certification to the court by the PCC or the ADO that Attorney Bennett has complied with the stay conditions set forth in the PCC 's to the practice of law and stay the second year of the suspension, provided that Bennett may request that the PCC or ADO request that the court reinstate him date of this order. One year from the effective date of his suspension, Attorney period of two years, with the suspension to become effective 30 days from the Paul Bennett be suspended from the practice of law in New Hampshire for a the sanction that should be imposed. Therefore, the court orders that Attorney court accepts the PCC's findings and rulings, as well as its recommendation of Having reviewed the PCC's petition and the parties' stipulations, the

stay. suspension should Attorney Bennett fail to comply with the conditions of the recommendation also included a process for imposing the stayed portion of the conditions are set forth in the PCC's recommendation. The PCC's of one year provided that Attorney Bennett comply with certain conditions. The period of two years, with the second year of the suspension stayed for a period rule violations. It recommended that Attorney Bennett be suspended for a The PCC accepted the parties' stipulation as to the pertinent facts and

violated this rule by violating Rules 1.15 and 5.3. Rules of Professional Conduct . Attorney Bennett stipulated that he (c) Rule 8.4(a), which makes it professional misconduct to violate the

performance and was wholly responsible for such misconduct. violations, he knew or should have known of their poor that to the extent his non-lawyer assistants contributed to the rule Accounting Compliance Certificates. Attorney Bennett admitted of such accounts, as well as the preparation of his Trust assistants charged with record keeping, handling and maintenance by failing to employ, train and properly supervise his non-lawyer accounts, as well as accurate reporting to the Supreme Court; and handling and maintenance of client funds and client trust have a record-keeping system in place that ensured the proper that he violated this rule by failing to make reasonable efforts to supervising non-lawyer assistants. Attorney Bennett stipulated (b) Rule 5. p. 3 3, which sets forth the obligations of a lawyer in hiring and 3

File Justin C. Shepherd, Esq . Paul J. Bennett, Esq. Elizabeth M. Murph y, Esq. D avid M. Rothstein, E sq. Professional Condu ct C ommittee Distribution:

DATE : April 24, 2014

Dalianis, C .J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.

matter. See Rule p. 3 37(19). Professional Conduct Committee in the investigation and prosecution of this Attorney Bennett is hereby assessed all expenses incurred by the

remaining suspension be made perm anent. conclusion of the two year stay, either party may request that the stay of the year of the suspension after reinstatement, it shall notify the court. At the and its decision shall be final. If the PCC imposes any portion of the second the conditions of the stay, it may impose the second year of the suspension,