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Brian F. McCaffrey (2016)
that Attorney McC affrey had misappropriated client funds in his possession, An audit of Attorney McCaffrey’s client files and IOLTA account showed
Professional Conduct. 6. Rule 8.4(a), prohibiting a lawyer from violating the Rules of deceit, dishonesty, or misrepresentation; and 5. Rule 8.4(c), prohibiting a lawyer from engaging in conduct involving a lawful demand for information from a disciplinary authority; 4. Rule 8.1(b), prohibiting a lawyer from knowingly failing to respond to assistant when the lawyer orders or ratifies the conduct involved; making the lawyer responsible for the con duct of a non - lawyer conduct is compatible with the lawyer’s professional obligations, and make reasonable efforts to ensure that the non - lawyer assistant’s 3. Rule 5.3(b) - (c), requiring a lawyer employing a non - lawyer assistant to requests for informa tion; about the status of the client matter and to comply with reasonable 2. Rule 1.4, requiring a lawyer to keep the client reasonabl y informed 1. Rule 1.3, requiring a lawyer to act with reasonable diligence;
course of his repr esentation of a particular client: a dmitted that he violated the following Rules of Professional Conduct in the In the “Stipulation to Disbarment” filed with the PCC, Attorney McCaffrey
proceedings. No response to the order has been filed. the court could decide the matter bas ed upon the record of the PCC identified an issue to be reviewed, no further hearing would be required, and that they wished the court to review. The order stated that if neither party the court of an y legal or factual issues relating to the PCC’s recommendation Disciplinary Counsel of the PCC’s recommendation and advising them to notify accordance with Supreme Court Rule 37(16), notifying Attorney McCaffrey and After the PCC filed its recommendation, an order was issued, in
disbarment was the appropriate sanctio n for his misconduct. violated numerous Rule s of Professional Conduct and conceded that Disciplinary Counsel, in which Attorney McCaffrey admitted that he had recommendation was based on a stipulation signed by Attorney McCaffrey and recommendation that Attorney Brian F. McCaffrey be disbarred. The PCC’s On January 19, 2016, the Professional Conduct Committee (PCC) filed a
LD - 2016 - 0002, In the Matter of Brian F. McCaffrey, Esquire
ORDER
SUPREME COURT
THE STATE OF NEW HAMPSHIRE 2
Eileen Fox, Clerk _________________ ___________ _
ATTEST:
DATE: March 18, 2016
Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
prosecution of this matter. incurred by the Professional Conduct Committee in the investigation and the practice of law in New Hampshire. He is h ereby assessed all expenses THEREFORE, the court orders that Brian F. McCaffrey be disbarred from
concludes that disbarment is the appropriate sanction in this case. nature, seriousness, and extent of Attorney McCaffrey’s misconduct, the court recommendation that Attorney McCaffrey be disbarred. After considering the The court has reviewed the “Stipulation for Disbarment” and the PCC’s
claims. also conceded that he owed more than $7 2,000 to clients who had not filed $119,000 to his clients who sought reimbursement for fee s paid to him. He Attorney McCaffrey stipulated that the Public Protection Fund had paid
Supreme Court Rules 50 and 50 - A. Attorney McCaffrey also conceded that the audit showed that he violated
Professional Conduct. 7. Rule 8.4(a), prohibiting a lawyer from violating the Rules of deceit, dishonesty, or misrepresentation; and 6. Rule 8.4(c), prohibiting a lawyer from engaging in conduct involving when the lawyer orders or ratifies the conduct involved; making the lawyer responsible for conduct of a non - lawyer assistant conduct is compatible with the lawyer’s professional obligations, and make reasonable efforts to ensure that the non - lawyer assistant’s 5. Rule 5.3(b) - (c), requiring a lawyer employing a non - lawyer assistant to third party funds; third persons and to comply with court rules regarding client and 4. Rule 1.15, requiring a lawyer to safeguard the property of clients and requests for information; about the status of the client matter and comply with reasonable 3. Rule 1.4, requiring a lawy er to keep the client reasonably informed 2. Rule 1.3, requiring a lawyer to act with reasonable diligence; client; 1. Rule 1.1, requiring a lawyer to provide competent representation to a
audit showed th at he violated the followi ng Rules of Professional Conduct: IOLTA account with a deficit balance. Attorney McCaffrey stipulated that the had routinely paid himself fees before they were earned, and had operated his