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Danielle L. Richey (formerly Santuccio) (2020)
THE STATE OF NEW HAMPSHIRE
SUPREME COURT
ORDER LD-2020-0006, In the Matter of Danielle L. Richey, Esquire On June 17, 2019, in case no. LD-2019-0008, the court suspended the respondent, Attorney Danielle L. Richey, from the practice of law on an interim basis pending the resolution of several disciplinary matters and further order of this court. On July 3, 2019, the court appointed a referee to hold a hearing and to make a recommendation to the court as to whether maintenance of the suspension was necessary for the protection of the public and the preservation of the integrity of the legal profession. On September 18, 2019, following review of the referee’s report and recommendation, the court issued an order accepting the referee’s recommendation that the interim suspension of Attorney Richey remain in place. On November 19, 2019, in case no. LD-2019-0008, the Professional Conduct Committee (PCC) filed a recommendation that Attorney Richey be suspended from the practice of law for two years. The recommendation related to one of several disciplinary matters involving Attorney Richey. In accordance with Rule 37(16), the court provided notice to Attorney Richey of that recommendation and ordered her to file a response on or before December 26, 2019, identifying any legal or factual issues relating to the PCC’s recommendation that she wished the court to review. Notice was sent to Attorney Richey at the address that she had provided to the New Hampshire Bar Association. See Rule 42 E (“Notices sent by the court to an address provided by an attorney to the New Hampshire Bar Association shall be deemed to be sufficient notice to the attorney of court action.”). Attorney Richey did not file a response. On August 4, 2020, the court suspended Attorney Richey from the practice of law in New Hampshire for two years. While the PCC’s recommendation for a two-year suspension was pending, the PCC filed this case, LD-2020-0006, on July 22, 2020, with a recommendation for Attorney Richey’s disbarment. In accordance with Rule 37(16), the court provided notice to Attorney Richey of that recommendation and ordered her to file a response on or before September 3, 2020, identifying any legal or factual issues relating to the PCC’s recommendation that she wished the court to review. Notice was sent to Attorney Richey at the address that she had provided to the New Hampshire Bar Association. Attorney Richey did not file a response. The court has reviewed the PCC’s record and its recommendation for disbarment, which relates to six separate, docketed matters in which Attorney
Richey committed dozens of acts of malfeasance and misconduct. (Several of the matters previously led to the suspension orders that were issued in case no. LD- 2019-0008.) Attorney Richey’s malfeasance and misconduct included, but was not limited to, failure to competently and diligently represent her clients, causing substantial delay or harm to their interests; failure to communicate with her clients, despite their repeated efforts to reach her; failure to communicate with opposing counsel to finalize matters when doing so was in the best interests of her clients; failure to comply with or otherwise respond to court orders, including show-cause orders directed to her; failure to respond to requests by the Attorney Discipline Office (ADO) for information concerning the grievances; failure to file an answer to the ADO’s notice of charges; and failure to appear before the PCC hearing panel on the issue of sanctions. As a result of Attorney Richey’s failure to file an answer to the notice of charges, the allegations set forth therein were deemed to be admitted by her. See Rule 37 A(II)(b)(3)(A). In light of the seriousness of Attorney Richey’s misconduct, which includes violations of Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.5, 1.15, 1.16(a), 3.3, 3.4, 8.1, and 8.4(a), the court concludes that disbarment is the appropriate sanction. THEREFORE, the court orders that Danielle L. Richey be disbarred from the practice of law in New Hampshire. She is hereby assessed all costs and expenses incurred by the attorney discipline system in the investigation and prosecution of the matters. Hicks, Bassett, Hantz Marconi, and Donovan, JJ., concurred. DATE: October 7, 2020
ATTEST: QO.
Timothy A. Gudas, Clerk
Distribution: Sara S. Greene, Esq. Danielle L. Richey, Esq. Professional Conduct Committee, 19-004 File