Richard C. Mooney (2016)

profession. See Rule 37(16)(d) and (f). Accordingly, it is hereby ordered: necessary to protect the public and to preserve the integrity of the legal finds that Attorney Mooney’s immediate suspension from the practice of law is Based on the information submitted by the ADO in its petition, the court

public and the preservation of the integri ty of the legal profession. conditions as the court deem necessary for the protection of the The court may suspend attorneys . . . upon such terms and

Supreme Court Rule 37(16)(f) provides:

preservat ion of the integrity of the legal profession. the practice of law is necessary for the protection of the public and the The ADO contends that Attorney Mooney’s immediate interim susp ension from demonstrates that Attorney Mooney’s trust accounts are currently “out of trust.” The ADO further alleges that an audit of Attorney Mooney’s law firm accounts

(5) Filed false trust accounting certificates with the Supreme Court.

safeguarding of client funds; and (4) Failed to comply with court rules relating to trust accounts and the

(3) Misappropriate d client funds;

being discharged by the executor; executor, and failed to turn over the case file and funds of an estate after (2) Filed false accounting in an estate matter in which he represented the

substantiate misrepresent ations that he made to the client about the case; settlement agreement and settlement check, and fabricated documents to (1) Settled a client’s case without authority, forged his client’s name on a

of law in New Hampshire. The ADO alleges, inter alia, that Attorney Mooney: immediate interim suspension of Attorney Richard C. Mooney from the pra ctice On April 1, 2016, the Attorney Discipline Office (ADO) filed a petition for

LD - 201 6 - 00 06, In the Matter of Richard C. Mooney, Esquire

of the inventory with the court on or before July 5, p. 2 2016, together client files and trust and other fiduciary accounts, and file a copy e. Attorney Proctor shall m ake a n inventory of Attorney Mooney’s should obtain the services of other lawyers of their choice. in order to preserve their legal rights and advising them that they of any action which appears to be required in the immediate future mail, return receipt requested, of his sus pension, informing them d. Attorney Proctor shall n otify Attorney Mooney’s clients by certified protect the interests of the clients. maintained, and take such actions as he deems necessary to c. Attorney Proctor shall r ev iew any client files that Attorney Mooney Proctor ’ s appointment by the court. Mooney are held of Attorney Mooney’s suspension and of Attorney trust or fiduciary accounts and operating accounts of Attorney b. Attorn ey Proctor shall n otify all banks and other entities where any Attorney Proctor ’ s appointment by the court. Attorney Mooney’s suspension from the practice of law and of a. Attorney Proctor shall n otify all employees of Attorney Mooney of

following actions: interests of Attorney Mooney’s client s. Attorney Proctor is directed to take the accounts, and to take such action as he deems necessary to protect the fiduciary accounts of Attorney Mooney, to make an inventory of such files and appointed to take immediate possession of the client files and trust and other Pursuant to Supreme Court Rule 37(17), Attorney Daniel C. Proctor is

of clients, whether real, personal, beneficial or mixed. hypothecating, or in any manner disposing of or conveying any assets (4) Attorn ey Mooney is enjoined from transferring, assigning,

15 p. 2 2 N.H. 163 (2005). should be lifted, which will be promptly scheduled. See Reiner’s Case, request a hearing on the issue of whether the interim suspension (3) Within 1 5 days from the date of this order, Attorney Mooney may

the New Hampshire Bar Association. certified mail at the latest address that Attorney Mooney provided to order shall be served on Attorney Mooney by first class mail and ( p. 2 2) Copies of the petition for immediate interim suspension and of this

and further order of this court. Hampshire pending resolution of four pending disciplinary matters Mooney is immediately suspended from the practice of law in New (1) In accordance with Rule p. 3 37(9)(i) and (16)(f), Attorney Richard C. 3

File Daniel C. Proctor, Esquire R i chard C. Mooney, Esquire Sara S. Greene, E s quire Di stribution:

DATE: April 4, 2016

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

otherwise ordered by the court. Proctor, in the first instance, to be reimbursed by Attorney Mooney, unless The Committee on Professional Conduct shall pay the fees of Attorney

performing these tasks. Attorney Mooney is ordered to cooperate with Attorney Proctor in

protect the interests of Attorney Mooney’s clients. recommendation as to what furth er actions should be taken to with a report of his actions taken under this order and a