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Gary J. Wood (2016)
a lawful demandforinformationfrom a disciplinary authority; 8. Rule 8.1(b),which prohibits alawyerfrom failingto respond to thirdperson; the primary purpose ofembarrassing,delaying orburdeninga 7. Rule 4.4,which prohibitsa lawyer fromtakingany actionwith disobeyingan obligationunder therulesofa tribunal; 6. Rule 3.4(c),which prohibits a lawyer fromknowingly statementsoffactor law to atribunal; 5. Rule 3.3,which prohibits a lawyer frommaking false trustaccounts; Rules 50 and 50-A, which establishrequirementsforlawyer clientsor thirdpersons in his possession andSupreme Court 4. Rule 1.15,which requires a lawyer to safeguard the property of reasonable requestsforinformation; informed of thestatusof a matter and to promptly comply with 3. Rule 1.4,which requires alawyerto keep a client reasonably diligenceand promptness inrepresentinga client; 2. Rule 1.3,which requiresa lawyer to actwith reasonable representationto a client; 1. Rule 1.1,which requires alawyerto providecompetent
evidence: Rules ofProfessionalConductcouldbe provenby clearand convincing In thestipulation,AttorneyWood admittedthatviolationsof thefollowing
operated hisIOLTA account with a deficitor "out oftrust." beforethey were earned,commingledclient funds with his own funds, and misappropriatedclient funds in hispossession,routinelypaidhimselffees ADO's auditorwere true. The auditdemonstratedthat AttorneyWood DisciplineOffice(ADO) were true,and that thematerialfactsfoundby the that thematerialfactssetforthin thenoticesofchargesfiledby theAttorney Attorney Wood and Disciplinary Counsel, in whichAttorneyWood admitted recommendationwas based on a"StipulationtoDisbarment"signedby recommendation thatAttorneyGary J.Wood be disbarred. The PCC's On May 17,2016,theProfessionalConductCommittee(PCC) fileda
LD-2016-0011, In the Matter ofGary J.Wood. Esquire
ORDER
SUPREME COURT
THE STATE OF NEW HAMPSHIRE File
Mr. Gary J.Wood David M. Rothstein,Esquire Attorney DisciplineOffice,14-045 Distribution:
EileenFox, Clerk &&SULM fay)
ATTEST:
DATE: July 11, 2016
Dalianis,C.J., andHicks,Conboy,Lynn,and Bassett,JJ.,concurred.
thismatter. by theProfessionalConductCommitteeintheinvestigationand prosecutionof practiceoflawinNew Hampshire.He isherebyassessedallexpensesincurred THEREFORE, thecourtordersthatGary J.Wood be disbarredfrom the
concludesthatdisbarmentis theappropriatesanctionin this case. nature, seriousness, and extent ofAttorneyWood's misconduct, the court recommendationthatAttorneyWood be disbarred.Afterconsideringthe The courthas reviewedthe "Stipulation for Disbarment"and the PCC's
PCC proceedings. No response to the orderwas filed. required,and the court coulddecidethe matter based upon the record of the neitherpartyidentifiedan issue to bereviewed,no furtherhearingwould be recommendation thattheywished thecourttoreview.The orderstatedthatif them tonotifythe court ofanylegalorfactualissuesrelatingto thePCC's Wood and DisciplinaryCounselofthePCC'srecommendationand advising issued,inaccordancewithSupremeCourtRule37(16),notifyingAttorney AfterthePCC filedits recommendationfordisbarment, an order was
ProfessionalConduct. 11.Rule8.4(a),which prohibits alawyerfrom violatingthe Rules of involvingdeceit,dishonesty,ormisrepresentation;and 10.Rule8.4(c),which prohibits alawyerfrom engagingin conduct lawyer'shonesty, trustworthiness or fitness as alawyer; lawyerto commit a criminal actthatreflects adverselyon the 9. Rule 8.4(b),which makes itprofessionalmisconduct for a