Anna M. Roulston (2015)

ProfessionalConduct ("Rules")5.5,8.1(b),8.4(a)8.4(b)and 8.4(c); 1. Impositionofa two-yearsuspensionforviolationofNew Hampshire Rules

findingsand rulings,theCommittee has recommended thefollowingsanctionto the Court: Report,theCommittee makes factualfindingsand rulingsas detailedbelow. Based on these Memorandum on Sanctions,theTranscriptoftheApril16,2015 hearing,and theHearing Panel Memorandum on Sanctions("Memorandum"), DisciplinaryCounsel'sSupplemental Having reviewed theRecord, includingtheNoticeofCharges,DisciplinaryCounsel's

forthisCommittee toconsider,and did not ask toaddresstheCommittee orally. Committee. (Tab 8). Ms.Roulstondid not respond to the Report,submittednothinginwriting torequesta scheduleforfilingwrittenmemoranda; or torequestoralargument beforethe Each was givenan opportunitytoidentifyissuesor factfindingsforthisCommittee to consider; The Report was circulatedto Ms.Roulstonand toDisciplinaryCounsel on May 26,2015.

PanelissueditsHearing Panel Report (Report)on May 25,2015. and did nototherwiseparticipatein the proceedings. (Tab 7oftheRecord in thismatter.)The theoutsetofthehearing,thePanelchairnoted for the record that Ms.Roulstonwas not present This matterwent beforea Hearing Panel on theissueofsanctionson April16,2015. At

Van Oot. Mona T. Movafaghi was absent. Darling,MargaretR. Kerouac, Georges J. Roy,David W. Ruoff,Richard D. Sager and Martha Krans, Vice Chair,ElaineHolden, Vice Chair,PeterG. Beeson, Susan R. Chollet,Richard H. deliberatedthe above matter.Members presentincluded David M.Rothstein,Chair,HeatherE. On July 21, 2015, theProfessionalConduct Committee (the"Committee" or"PCC")

Roulston,Anna M. advs. AttorneyDisciplineOffice- #13-027

Margaret R. Kerouac Barbara J. Guay, LegalAssistant RichardH. Darling* * non attorneymember Susan R. Chollet* Martha Van Oot PeterG. Beeson Richard D. Sager ElaineHolden,* 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,Suite102 Mona T. Movafaghi

was dismissed without a finding after a periodofadministrativeprobation.(Reportat p. 10). $250 would generally be treated as a guilty plea in Massachusetts;however, in Ms.Roulston'scase the larceny charge required by Rule 37(9). Her2011 "admissionto sufficient facts" to support aMassachusettschargeoflarceny under Roulston'sconduct implicated Rule 37(9) since there wasnot clear and convincing evidenceofa criminal"conviction" as (setting forth procedures for the regulationofattorneys convictedofcrimes). The Hearing Panel did not find that Ms. (Ex.11 ofADO exhibitssubmittedtoHearingPanel) also included an allegedviolationofSupreme Court Rule37(9) 1The NoticeofCharges,datedJanuary21,2015 and receivedbyMs. RoulstonbycertifiedmailonJanuary22,2015

Hampshire 03079. 3. Ms. Roulston'slastknown address is 78School Street,#4, Salem, New

2. Ms. Roulston has not been admittedtopracticelaw in anyotherjurisdiction.

2000 and was administrativelysuspended by orderdatedApril10,2012. 1. Ms. Roulston was admittedtopracticelaw inNew Hampshire on October 30,

evidence: most ofwhich are drawn directly from the Reportofthe Hearing Panel, byclearand convincing The Committee has determinedthat the Recordsupportsthefollowingfactual findings,

and Rule 8.4(a)(violationoftheRules).1 ofa criminalactinvolvingdishonesty);8.4(c)(engaginginotherconduct involvingdishonesty); requestsforinformationfrom, or tocooperatewith,disciplinaryauthorities);8.4(b)(commission practiceoflaw whileunder administrativesuspension);8.1(b)(failureto respondtolawful This caseinvolvesallegationsthatMs. RoulstonviolatedRules 5.5(unauthorized

thismatter. 3. Reimbursement oftheCommittee for allcostsofinvestigationand prosecutionof

and

(b)submissionofIOLTA trustaccountcertificationsfor theyears2011 and 2012; Cook incurredin hisinventoryand reporton the filesofMs. Roulston in2012 and administrativesuspension,toinclude(a)payment offeesofAttorneyRonald E. 2. Completion ofallrequirementsimposed on Ms. Roulston inconnectionwith her p. 3 Page 3 of14

("Mr.Badeau") inconnectionwith his arrest inNew Hampshire on December 6, 14. Despitebeingsuspended,Ms. Roulstonrepresenteda clientnamed Jamie Badeau

Hampshire. 13. Ms. Roulstonremains administrativelysuspended from thepracticeoflaw inNew

neitherfiled her2012 trustaccountingcertificatenor paidAttorneyCook's fees. 12. Ms. Roulston never respondedto theCourt's2013 orders.Ms. Roulston has

fees." 2012 trustaccountingcertificationand a"planforrepayment ofAttorneyCook's Roulston'smotion forreinstatementuntilsuch time as Ms. Roulston filedher 11. On January 14,2013, theCourt issuedan orderagaindeferringany rulingon Ms.

her files andherpayment ofAttorneyCook's fees. reinstatementpending AttorneyRoulston'sresponseto twoquestionsregarding 10. On December 20,2012, theCourt issuedan orderdeferringa rulingon

December 4, 2012. 9. Ms. Roulstonfiled arequestforreinstatementwith theSupreme Court on

with the Court on November 29, 2012. 8. AttorneyCook conductedtheinventoryofMs. Roulston'sfiles and filed areport

Ms. Roulston was orderedtobearthecostsofsuch inventory. files and to take stepsnecessarytoprotecttheinterestsofMs. Roulston'sclients. appointedAttorneyRonald E. Cook toconduct an inventoryofMs. Roulston's 7. On September 5,2012,at the requestoftheAttorneyDisciplineOffice,the Court

practiceoflaw by theSupreme Court on April10,2012. compliance with Supreme Court Rule 50-A(2). She was suspended from the 6. Ms. Roulston did notrespondto theCourt'sorderor bringherselfinto

trustaccountingcertificatealongwith a $300 latefilingfee. 5. On February29, 2012, theSupreme Court orderedMs. Roulstonto file her2011

by Supreme Court Rule 50-A(2). 4. Ms. Roulston failedtotimelyfile her2011 trustaccountingcertificateas required

AllegationsRegarding Respondent'sAdministrativeSuspension and p. 4 Page 4 of14

that Ms.Roulstonno longerrepresentedhim becauseshe wasactuallysuspended 24. On January28,2013, Mr. Badeau wrote toAttorneyMcCaffrey, informinghim

Roulston returned any portionofthe $500 feepreviouslypaid by Mr. Badeau. her client in that letter; and there is noevidencein theRecord indicatingthat Ms. representyou..." Ms. Roulston did not disclose heradministrativesuspensionto whereinshe states"Unfortunately,I am unable to take your case. I cannot 23. On January 1,2012, Ms. Roulstonsent Mr.Badeau a "Non Engagement Letter"

ofthatpleaoffer. receiveda pleaofferfrom AttorneyMcCaffrey,and laterrequestedan extension withAttorneyMcCaffrey acting as an attorney on Mr.Badeau's behalf. She 22. Between December 18,2012 and January10,2013, Ms. Roulston communicated

signedtheletter"Anna M. Roulston,Esq." acceptthisas my formalrequestfor any and alldiscovery...."Ms. Roulston PoliceDepartment,My office will berepresentingMr. Jamie M. Badeau. Please 21. Ms. Roulston'sDecember 18,2012 letterstates, interalia:"Dear Litchfield

Esq."businesscard, as well as aletterdatedDecember 18,2012. 20. Ms. Roulston gave AttorneyMcCaffrey her"Law OfficesofAnna Roulston,

out as Mr.Badeau's attorney. she wassuspended from thepracticeoflaw. Rather,Ms. Roulston held herself 19. During thismeeting,Ms. Roulstondidnot disclosetoAttorneyMcCaffrey that

AttorneyLonnie McCaffrey. behalfofMr. Badeau and met with theprosecutorassignedto Mr.Badeau's case, 18. On December 18,2012, Ms. RoulstonvisitedtheLitchfieldPoliceDepartment on

attorneyon hisbehalf. was suspended from thepracticeoflaw orlimitedin any way inactingas an 4thhad notbeenactedupon,Ms. RoulstondidnotdisclosetoMr. Badeauthatshe 17. Despitethe fact that Ms.Roulston'sMotion forReinstatementfiled onDecember

feeagreement,and paid Ms.Roulston$500 for therepresentation. 16. Shortlyafterhisarrest,Mr. Badeau met with Ms. Roulston inherhome, signeda

disciplinarymatter. 15. Mr. Badeau was referredto Ms.Roulstonby Jahan Qureshi,thegrievantin this

2012 forDrivingUnder theInfluence. p. 5 Page 5 of14

34. Ms. Roulston never responded.

to contacttheofficeather earliestconvenience. DisciplinaryCounsel wrote to Ms.Roulstonat anupdated address,and asked her her to callwith any questionsor concerns.On April4,2014, Assistant advisingher that the case was underreviewwithinthatoffice;and encouraging 33. On August 23, 2013, AssistantDisciplinaryCounsel wrote to Ms.Roulston

complaintagainstMs. RoulstontoDisciplinaryCounsel. 32. On August 20,2013,theComplaintScreeningCommittee forwardedthedocketed

31. Ms. Roulston did notrespond.

Rule 8.1(b)violation. Roulston"givethismatter immediate attention"or facepossiblechargesofa 30. On July 26, 2013, Ms. DeVito sent Ms.Roulstonanotherletter,askingthatMs.

29. Ms. Roulston did notrespond.

thatshe hadviolatedProfessionalConduct Rule 8.1(b). otherwisecooperatewith the AttorneyDisciplineOfficecouldresultin a finding DeVito furtheradvisedMs. Roulstonthatfailure topromptly respond and a letterproviding30 days for Ms.Roulstontoprovidea mandatory response.Ms. DeVito,who had replacedMr. Trevethickas GeneralCounsel,sentMs. Roulston 28. Thereafter,Mr. Qureshi'sgrievancewas docketed,and on June 20,2013, JanetF.

DisciplineOffice("ADO") General CounselThomas Trevethick. 27. Ms. Roulston did notsubmit a voluntaryresponseto theletterfrom Attorney

suspended from thepracticeoflaw. that Ms.Roulstonwent on torepresenttheseclientsdespiteknowing she was associatesto Ms. Roulston, who paid Ms.Roulstonretainers.He furtheralleged 26. Mr. Qureshi'sgrievance alleges, interalia, that he hadreferredbusiness

25. On February 19,2013, Mr. Qureshifiled agrievanceconcerningMs. Roulston.

from practicinglaw. p. 6 Page 6 of14

misappropriation[and] theft...." ofwhich, as determined by the statutory...definitionofsuch crime, involves... to Supreme Court Rule37(9)(b)because it is a "lesser crime a necessary element 45. Larcenyof under$250 is amisdemeanor.Itconstitutesa "serious crime"pursuant

propertyofanother...shall be guiltyoflarceny " M.G.L. ch. 226 § 30. intent to steal or embezzle, converts, or secretes with intent to convert, the intenttodefraudobtainsby afalsepretense,orwhoeverunlawfully,and with 44. The Massachusetts statute defining larceny provides:"Whoever steals, or with

matter was dismissed without a finding. three monthsofadministrative probation. On October 24, 2012, her criminal to an amended charge of larcenyunder $250, M.G.L.ch.226 § 30, and completed 43. On July 24,2011,Ms. Roulston entered a pleaof"admissiontosufficientfacts"

42. The receipt ofstolen property charge was ultimately dismissed.

than $250. district court with larceny over $250 and receiving stolen property valued at more 41. On March 15,2011,Ms. Roulstonwas charged inHaverhill,Massachusetts

AllegationsRegarding Respondent's"Admission to SufficientFacts" to

file anAnswer or Objection. 40. Ms. Roulstonacceptedserviceby certifiedmail onJanuary22,2015 but did not

39. On January21,2015, theNoticeofCharges was issued.

38. To date,Ms. Roulston has not contactedthe ADO.

theRespondent tocontactDisciplinaryCounsel. with an email to Ms.Roulstonon December 31, 2014stressingtheurgentneed for charges for failure tocooperatewithdisciplinaryauthorities.She followedup Roulston advising her to respond no later than January16,2014 or risk further 37. On December 30,2014,DisciplinaryCounsel wrote afurtherletter to Ms.

36. Ms. Roulston did not returnthatcall.

voicemail requesting that she contact the office. 35. On May 27,2014,AssistantDisciplinaryCounselcalledMs. Roulstonand lefta p. 7 Page 7 of14

disciplinarymatter,shall not: with a bar admission applicationor inconnectionwith a An applicantforadmission to the bar,or a lawyer in connection

53. Rule 8.1 statesas follows:

52. Paragraphs1-51 set forthabove areincorporatedby reference.

clientand the legalprofession. Rule 5.5violationwas knowing and thather misconduct caused injurytothe 51. The Committee has found that Ms.Roulston'smental statewith respectto the

50. Ms. Roulston'sconduct in thisregardconstitutesa violationofRule 5.5(a).

Badeau inMr. Badeau's case. McCaffrey as aNew Hampshire-licensedlawyerauthorizedtorepresentMr. $500 for therepresentation.Ms. Roulstonfurtherheld herselfout toprosecutor legal advice,enteredinto anattorney-clientfeeagreementwith him, andaccepted 49. Ms. Roulstonneverthelessmet with Mr.Badeau inDecember of2012, gave him

New Hampshire. 48. Since Aprilof2012, Ms. Roulstonhas beensuspended from thepracticeoflaw in

assistanotherin doing so. oftheregulationofthe legalprofessioninthatjurisdiction,or (a) A lawyer shall not practice law in ajurisdictioninviolation

47. Rule 5.5 states, inpertinentpart, as follows:

46 FindingsofFact set forth inparagraphs1-45above areincorporatedby reference.

Roulstonhas violatedthefollowingRules ofProfessionalConduct: The Committee concludesthatthere isclearand convincingevidencethatAnna M.

II. RULINGS OF LAW p. 8 Page 8 of14

herselfout as anattorneyingood standingabletorepresentMr. Badeau. 60. Ms. Roulstonmisrepresentedher status toprosecutorMcCaffrey by holding

suspended from thepracticeoflaw. accepting $500 from Mr. Badeau to represent him knowing that she was 59. Ms. Roulstonengaged inconductinvolvingdishonestyand misrepresentationby

oflaw inNew Hampshire. theoutsetoftherepresentation,that she wasactuallysuspendedfrom the practice 58. Ms. Roulston misrepresentedherstatusto Mr.Badeau by failingtoinform him, at

misrepresentation; (c) engage in conductinvolvingdishonesty,fraud,deceitor

It isprofessionalmisconduct for alawyerto:

57. Rule 8.4(c)statesas follows:

56. Paragraphs1-55 set forth above areincorporatedby reference.

injuryto the legalprofession. Rule 8.1(b)violationwas, at aminimum, knowing and thathermisconduct caused 55. The Committee has found that Ms.Roulston'smental statewith regardto the

from theADO, as setforthabove,violatedRule 8.1(b). 54. Ms. Roulston'srepeatedfailures torespondtolawfuldemands forinformation

which sets forthproceduresfor theCourt and theADO tofollowwhen informed proceedingscontainsa separatecountforviolationofSupreme Court Rule 37(9), 69. The Notice ofCharges filed byDisciplinaryCounsel to initiatethisformal

constitutesa violationofRule 8.4(a). been proved by clearand convincingevidence.The violationoftheserulesalso 68. The Committee has found thateach oftheruleviolationssetforthabove have

legalprofession. Rule 8.4(b)violationwas intentionaland thather misconduct caused injuryto the 67. The Committee has found that Ms.Roulston'smental statewith regardto the

8.4(b). 66. Ms. Roulston'scommission ofthecrime oflarcenyconstituteda violationofRule

same crime. evidentiaryforceofMs. Roulston'searlier"admissionofsufficientfacts"to the withouta finding"ofthe chargeoflarcenydoes notaffectthecontinuing committed thecrime oflarceny. TheMassachusettscourt'ssubsequent"dismissal 65. Ms. Roulston's"admission ofsufficientfacts"constitutesan admission thatshe

honesty,trustworthinessor fitnessas alawyer inotherrespects; (b) commit a criminalactthatreflectsadverselyon thelawyer's

It isprofessionalmisconduct for alawyerto:

64. Rule 8.4(b)statesas follows:

63. Paragraphs1-62 setforthabove areincorporatedby reference.

Rule 8.4(b):Criminal Act ReflectingAdversely on Lawyers Honesty

clientand the legalprofession. Rule 8.4(c)violationswas knowing and thather misconduct caused injuryto the 62. The Committee has found thatMs. Roulston'smental statewith regardto the

client and toopposingcounselconstitutedviolationsofRule 8.4(c). 61. Ms. Roulston'sfailure to disclose her actual status as asuspendedattorneyto her p. 10 Page 10 of14

downward departurefrom thebaselinesanctioniswarrantedin agiven case. "baseline"sanction.Aggravatingand mitigatingfactors thendeterminewhether an upward or 613, 621 (2007)).The analysisofthefirstthreefactorsresultsintheestablishmentofa (d)theexistenceofaggravatingor mitigatingfactors." Id.(quotingDouglas' Case, 156 N.H. lawyer'smentalstate; (c) thepotentialor actual injurycausedby thelawyer'smisconduct;and partanalysisas aframework fordeterminingthepropersanction:"(a)theduty violated;(b) the appropriatesanctions. Conner's Case, 158 N.H. 299, 303(2009).The Standardssetfortha four- Association's Standardsfor Imposing LawyerSanctions("Standards") indetermining Although not formallyadopted inNew Hampshire, the Court looks totheAmerican Bar

(2005). thefuture.'" Grew's Case, 156 N.H. 361, 365(2007); Richmond's Case, 152 N.H. 155, 159-60 confidencein the bar,preservetheintegrityofthe legalprofessionand preventsimilarconduct in attorneydisciplineis"nottoinflictpunishment,but ratherto 'protectthepublic,maintain public Indeterminingtheappropriatesanction,theCourt has instructedthatthepurpose of

submissionofIOLTA trustaccount certificationsfor2011 and 2012). conditionsforreinstatementset forth inearlierordersoftheCourt (Cook attorneyfeesand Panel. Inaddition,theCommittee recommends that Ms.Roulstonbe orderedto satisfythe set forth below, thisCommittee agreeswith andacceptstherecommendation oftheHearing associatedwith theinvestigationand prosecutionofthismatter.Report at p.11.For thereasons Respondent;and orderthatMs. Roulston reimbursetheAttorneyDisciplineOfficefor allcosts recommended thatthisCommittee impose a sanctionofa two-year suspensionon the Based on violationsofRule 5.5(a),8.1(b),8.4(b),8.4(c)and 8.4(a),theHearing Panel

— ratherthana violationofSupreme Court Rule 37(9). be charged as aviolationofRules 8.4(b)—as setforthinparagraphs63-67 above conduct atissueinthiscase (even ifit hadresultedin aformal conviction)should rule,ratherthana substantiveprofessionalconduct rule,and thatthecriminal 72. The Committee would also note thatSupreme Court Rule 37(9)is aprocedural

thismatter;and that Rule 37(9) does not apply for thisreason. 71. The Committee agreesthat there is noevidenceofa "conviction"on the factsof

conditionto theapplicationofRule 37(9). no otherevidence thatMs. Roulston had been "convicted"ofthecrime — a courtultimatelydismissedthe larceny chargewithouta finding.There was also Roulston'sconductviolatedRule 37(9),primarilybecausetheMassachusetts 70. The Hearing Panel did not find by clear andconvincingevidencethat Ms.

thatan attorneyhas been convictedofa crime. p. 11 Page 11 of14

continuepro se untilhe was able tosecurereplacementcounsel. herclient,resultinginher abruptwithdrawalinJanuaryof2013 and Mr. Badeau's need to representationshe was not authorizedtoundertake;and by concealingher suspended statusfrom In thepresentcase, Ms.Roulstoncaused injury to herclientby charging$500 in fees for

injury. from alawyer'smisconduct. The levelofinjury can range from"serious"injuryto"littleor no" "Injury"is theharm to aclient,thepublic,the legalsystem,or theprofessionthatresults

Factor III:Injuryor PotentialInjury

knowing and —as to Rule8.4(b)~ intentional. establishesby clearand convincingevidencethat Ms.Roulston'sconduct in thepresentcasewas Hearing Panelproceedingsat p. 26;SanctionsMemorandum at p.11. Accordingly,theRecord 30(1)(defininglarcenyas crime requiringan intentto steal orconvert). See also Transcriptof classifiedas anintentionalviolation, see MassachusettsCriminalCode, Chapter266, Section commission ofthecrime oflarcenyis, in theopinionoftheCommittee, more appropriately 10-11. ("SanctionsMemorandum".) Ms. Roulston'sviolationofRule 8.4(b)throughthe crime of larcenywere all'knowing' failuresat aminimum." Memorandum on Sanctions at pp. clientand opposing counsel,herfailuretocooperatewith theADO, and her commission ofthe accepted,thatMs. Roulston's"failuretodiscloseher truestatus(as asuspended lawyer)toher In thepresentcase,DisciplinaryCounsel argued, and theHearing Panel appearsto have

taken"withtheconsciousobjectiveor purpose toaccomplisha particularresult." accomplisha particularresult.""Intentional"conduct,a more culpablemental state,isconduct attendantcircumstancesoftheconduct butwithouttheconsciousobjectiveor purpose to "Knowing"conduct isdefinedunder theStandardsas"consciousawareness ofthenatureor "negligent,""knowing," or "intentional"conductinconnectionwith proven violations. Sanctionswillvary under the Standards depending on whether theRecord establishes

Factor II:Mental State

misdemeanor crime oflarceny. authorities;and (3) herdutiesto thegeneralpublicand the legalprofessionby committing the McCaffrey,and by failing torespondto lawfulrequestsforinformationfrom disciplinary engagingin theunauthorizedpracticeoflaw, failing todiscloseherstatustoprosecutor to disclose hersuspendedstatus; (2) her duties to the legal system and the legalprofessionby client by charging fees to represent him while suspended from the practiceoflaw, and by failing Inviolatingthevariousrules set forth above, Ms.Roulstonviolated(1) her duty to her

Factor I: Duties Violated p. 12 Page 12 of14

commission oflarceny)isdisbarment.Report at p. 1. issuspensionand one ofthe violations(presumably theRule 8.4(b)violationbased on the Counsel and itsown review oftheevidence,thatthebaselinesanctionforthreeofthe violations Baseline Sanction: The Panel determined, based onsubmissionsfrom Disciplinary

practiceoflaw" priorto hersuspensionalsoqualifiesas anaggravatingfactor. Record supportseach ofthesefindings. Ms.Roulston'sapparent"substantialexperiencein the one violationthatinvolvedillegalconduct. Report at p.11. The Committee agreesthatthe particularlyinconnection withher lengthyperiodofdisregardfor thedisciplinaryprocess;and involvingdishonesty;theoccurrenceofmultipleoffensesand a patternofmisconduct — Aggravatingfactors: The Panel found thefollowingaggravatingfactors:violations

while in this casenot severe~ is amitigatingfactor. thatthechargebe dismissedwithouta finding. Theimpositionofotherpenaltiesor sanctions— imposed thatwas successfullycompleted ~ resultingin theCommonwealth's recommendation Massachusettscourtproceedings.A threemonth periodofadministrativeprobationwas criminalviolationthatunderliesthe8.4(b)violationhas been sanctionedpreviouslythrough The Committee agreeswith thePanel'sfindings onmitigatingfactors. Inaddition,the

impossibletodeterminehow long thesedifficultcircumstancescontinued. cooperatewith authorities,and ignoredthe formalproceedingsbelow, thePanel found it emergency housing andassistancefrom DHHS. Report atp.l1. Because Ms. Roulstonfailed to childrenfrom theirresidence;and a periodduringwhich Ms. Roulston was forcedto use 2012 — includingevictionby herlandlord,a floodthatdisplacedMs. Roulston and herthree that"Ms. Roulstonwas strugglingwith personaland financialproblems atleastin thespringof Roulston'slengthy career (since 2000)withoutany priordisciplinaryrecord; and in theevidence MitigatingFactors: The Hearing Panel found evidenceofmitigating factors in Ms.

and theCourt considerindeterminingsanctionsindisciplinarycases. The Standards set forth a rangeofaggravating andmitigatingfactors that thisCommittee

Factor IV: Aggravating and MitigatingFactors

disciplinaryprocess that injures the profession and has wasted to resourcesofthe ADO. formal proceedings below and before this Committee; demonstrate a disregard for the requestsofdisciplinary authorities; and her decisions not to acknowledge or participate in the ofthe profession. Her failure to cooperate with, and provide information in response to, lawful larceny and the general public; and has undermined the reputationofattorneys and the integrity Ms. Roulston'scommission ofthe crimeoflarcenycaused harm to thevictimofthat p. 13 Page 13 of14

prosecutionofthismatter. Anna M. Roulston is responsible for all costs associated with the investigation and V. COSTS

requirementsofheradministrativesuspension. reinstatement screening set forth in Supreme Court Rule 37(14); and has satisfied all remaining that Ms. Roulston will not return to the practiceoflaw until she has gone through the extensive addition, a lengthy periodofsuspension will provide substantial public protection and will ensure Committee believes a lengthy periodofsuspension, rather thandisbarment,iswarranted.In misconduct is aggravated; however, this is the first discipline in a fifteen year career, and the in the future." Grew's Case, 156 N.H. at 365 (quotation and citation omitted). Ms.Roulston's confidence in the bar, preserve the integrityofthe legal profession, and preventsimilarconduct disciplinarypower "is not to inflict punishment but rather to protect the public, maintain public 159-60.This sanction is also in accord with the Standards. The purposeoftheCourt's purposesofattorneydiscipline. Conner's Case 158 N.H. at 303; Richmond's Case, 152 N.H. at The sanctionofa two-yearsuspension,asopposed todisbarment,isconsistentwiththe

yearperiodiscomplete. certificationsfor2011 and 2012 ~ be made a furtherpreconditiontoreinstatementafter the two fees for his inventory and report on Ms.Roulston'sfiles and the filingofIOLTA trustaccount with Ms.Roulston'sadministrativesuspension— includingreimbursement ofAttorneyCook's theCommittee recommends thatthosecourt-orderedrequirementsstillpending inconnection when she realizedthatreinstatementwas impracticable.Inadditionto theperiodofsuspension, Roulstonhad petitionedforreinstatement,filed nopleadingson behalfofa client,and withdrew thecostsoftheinvestigationand prosecutionofthismatter.The Committee notesthatMs. recommended sanction:a two (2)yearsuspensionand anordertoreimbursetheCommittee for Having noted thisdifference,however, theCommittee neverthelessacceptsthe Panel's

shouldalsoprecede from a baselinesanctionofdisbarment. 68, 71 (1995).Under thisprecedent,the sanction analysis for Ms.Roulston'sRule 5.5violation presumptivesanction forpracticinglaw whilesuspendedisdisbarment." Tocci 's Case, 140 N.H. held -- in a case that alsoinvolvedthepracticeoflaw afteradministrativesuspension— that"the The Committee differswith theHearing Panel in oneregard,however. Our Court has

sanctionofdisbarment for Ms. Roulston'scommission ofmisdemeanor larceny. results in abaselinesanctionofdisbarment)supports thePanel'sapplicationofa baseline The Committee agrees that Grew's Case, 156 N.H. at 365(misdemeanorinsurance fraud p. 14 Page 14 of14

File Anna M. Roulston cc: Sara S. Greene, DisciplinaryCounsel

August 7,2015

costsofinvestigationand prosecutionofthis matter. certifications as required under earlier ordersofthe Court; and that she be required to pay all reimburseAttorneyCook for his fees and to file2011 and 2012 IOLTA trustaccount RulesofProfessionalConduct 5.5; 8.1(b); 8.4(a); 8.4(b) and 8.4(c); that she beorderedto Roulstonbe suspended from thepracticeoflaw for a periodoftwo years forviolatingN.H. For allofthe above reasons,the Committee recommends to the Court thatAnna M. VI CONCLUSION