Randy Godin (2016)

but occasionallyhelps friendsand family in New Hampshire. on December 12, 2005. He practiceslaw almost exclusivelyin California, 2. Mr. Godin livesin Californiaand was admitted to practicein California

Mr. Godin was admitted to practiceon May 22, 2006. 1. Randy Godin isan attorneylicensedto practicelaw in New Hampshire.

investigationand prosecution. approved the agreement to reimburse the Committee for allcostsof Hampshire Rules ofProfessionalConduct (the"Rules") as stipulated,and evidence. The Committee then approved the findingsofviolationsof the New The Committee approved the factsas stipulated,by clearand convincing

Mona T. Movafaghi, and Richard D. Sager were absent. Krans, Vice Chair,Susan R. Chollet,Richard H. Darling,Margaret R. Kerouac, G. Beeson, Georges J.Roy, ScottH. Harris,and Martha Van Oot. Heather E. presentincluded David M. Rothstein,Chair,Elaine Holden, Vice Chair,Peter "Stipulation")and the Agreement to Pay Costs of DisciplinaryMatter. Members deliberatedthe Stipulationas to Facts,Violationsand Sanction (the On July 19, 2016, the ProfessionalConduct Committee (the"Committee")

Godin, Randy advs. Attorney DisciplineOffice-#14-012

ScottH. Harris BarbaraJ. Guay, LegalAssistant Richard H. Darling* * non attorneymember Susan R. Chollet* Martha Van Oot PeterG. Beeson Richard D. Sager Elaine Holden,* Vice Chair 603-224-5828 ♦ Fax 228-9511 Georges J. Roy* Heather E. Krans, Vice Chair Concord, New Hampshire 03301 Mona T. Movafaghi David M. Rothstein,Chair 4 Chenell Drive, Suite 102 Margaret R. Kerouac

ConstructiveTrust. Ms. Cline argued thatshe and her sisterswere "the 11. On September 26, 2013, Kathleen Cline fileda PetitionforImpositionof

Administrationon July22, 2013. 10. Dorian Godin, the named Executor, fileda Petitionfor Estate

on June 12, 2013.i pursuantto a deed prepared by Mr. Godin and executed by Mr. Dahlen Mr. Dahlen had alreadyseparatelydeeded hishouse to Mr. Godin, pursuantto the terms of theTrust. By the date of hisdeath,however, was any "remaining cash." Mr. Dahlen lefthishome to Mr. Godin effectswere leftto Mr. Godin's parents(Dorian and PatriciaGodin), as death oftheirbiologicalmother, ifshe survived Mr. Dahlen. Allpersonal provided that$5,000 be transferredto each of hisdaughtersupon the the time,had four daughtersfrom hispreviousmarriage. His Trust 9. Mr. Dahlen died on June 24, 2013. Mr. Dahlen, long-sincedivorced at

Pelopida. Mr. Godin alsonotarizedthe documents. 2012. Mr. Godin signed as a witness,along with a family friend,Julie Mr. Dahlen executed both instrumentsin New Hampshire on June 4, 8. The willwas essentiallya "pour-over"willfunding Mr. Dahlen'sTrust.

(theTrust)for Mr. Dahlen. a LastWill and Testament (theWill),as well as the Lloyd F. Dahlen Trust had been friendswith Mr. Godin's fathersince 1975. Mr. Godin drafted Mr. Godin *s long-time family friendand a "grandfather-like"figurewho 7. Mr. Godin representedLloyd Dahlen inJune of2012. Mr. Dahlen was

were referredforformal proceedings on February 25, 2016. ofthe daughters,Kathleen Cline,was filedon May 7, 2015. The matters decedent in a probate matterbeforeJudge Quigley). A grievanceby one Nicole Fortune fileda referralon behalfof her clients(daughtersofthe Judge PatriciaQuigley on March 24, 2014. On April 28, 2015, attorney 6. This disciplinarymatterwas initiatedby a judicialreferralsubmitted by

5. Mr. Godin does not have a previousdisciplinaryhistory.

03102. 4. Mr. Godin's New Hampshire addressis58 Louis Street,Manchester, NH

locatedat8383 Wilshire Blvd.,Suite830, Beverly Hills,CA 90211. 3. Mr. Godin law officein CaliforniaisThe Law OfficesofRandy Godin p. 3 Page 3 of7 creditoras a witness thereto." thereto;but a provisionthereinfor the payment ofa debt shallnot be void nor disqualifythe othersubscribingwitnesses,and such subscribingwitness shallbe a competent witness witness theretoor to thewife or husband ofsuch a witness shallbe void unlesstherebe 2 3RSA 551:3 provides: [a]ny beneficialdevice or legacy made or given in a willto a subscribing shallnotarizehisor her own signature." "competency" and provides, interalia, that"[n]operson actingin the capacityofnotarypublic 2 New Hampshire adopted the Uniform Law on NotarialActs in 2005. RSA 455:2-a addresses

to him by Mr. Dahlen, and "made no finding"as to whether Mr. Godin's "notunconscionable" thatMr. Godin receivedthe realestatetransferred 14. The courtthus declinedto impose a constructivetrust,found thatitwas

capacityor undue influence. transferringrealestatewas not the product offraud,lackof the Godin family over hisbiologicalfamily. The deed thatthe intentin hiswilland trustwas to primarilybenefit the deed or histestamentarydocuments. The courtfinds perpetratedon Lloyd Dahlen in the draftingand executionof evidence thattherewas fraud or undue influence hearingin September, the petitionersdid not provide any them than with hisbiologicalchildren.At the evidentiary and hisfamily,and in facthad more frequentcontactwith Godin family and had a good relationshipwith Randy Godin uncontrovertedtestimony thatLloyd Dahlen was closeto the

undue influence.As to thisissue,the Court statedthattherewas: trustshould be imposed on thatpropertybased on Ms. Cline'sclaims of passingaway, the Court separatelyaddressed whether a constructive 13. However, because Mr. Dahlen transferredhishome to Mr. Godin before

property. RSA 551:3,3 thus disqualifyinghim from receivingany realor personal alsobeing a beneficiary,he was an "interestedwitness"as defined by on thewill,violatedRSA 455:2-a,2and thatby witnessingthe willwhile 2015. The Court found thatMr. Godin, by notarizinghisown signature 12. Aftervarioushearings,the Court issuedan Order dated January 15,

Petitionerand her sisters." should impose a constructivetruston the property"forthe benefitof such transferwas the resultofundue influence,and thatthe court unjustlyenrichedby the transferoftheirfather'shouse to him, that naturalobjectsof theirfather'sbounty," thatMr. Godin would be p. 4 Page 4 of7 pretermittedheirs. presence ofwitnesses.The same Order found thatMr. Dahlen'sfour daughterswere not form," i.e.therewas sufficientproof thatthe testatorsigned under no undue influencein the self-proving.The Court furtherfound, however, thattheWill had been proven in "common 2014, the Court found thatbecause Mr. Godin was both witnessand notary,theWill was not effectuatedpursuantto RSA 551:2-a. Following a hearing,in an Order dated February 25, 5 To be self-proving,signaturesofthe two witnessesand the notarypublicmust be properly January 2015 Order. 4 Judge Quigley'sreferralto the ADO was in March 2014, priorto making her findingsin the

thatby notarizinghisown signaturehe was violatingRSA 455:2-a. proving" will,5nor did he realizeatthe time ofexecuted the documents researchNew Hampshire law to confirm the requirementsfora "self- Godin in a scatteredframe ofmind. Mr. Godin admits thathe did not arrangements (Mr. Godin's brotherdied without a will),which leftMr. immediate aftermathofthattragicevent and allthe attendant committed suicide. Mr. Dahlen'sWill and Trustwere executed in the returnedto New Hampshire in May of2012 because hisbrotherhad was livingin Californiaand practicinglaw almost exclusivelythere. He 17. At the time ofthe events givingriseto thisdisciplinarymatter,Mr. Godin

thereisclearand convincing evidence ofa Rule 1.8(c)violation. "uncontroverted"by Mr. Dahlen'sdaughters. The ADO does not believe January 2015 recognizesthiscloserelationshipwhich was Godin's graduationsand most birthdayparties.The Court'sOrder of home nearlyevery day, spending holidaysthereand attendingMr. him a "patriarchfigure."Mr. Dahlen spenttime atthe Godin family referredto him throughout hislifeas "grandpa Lloyd" and considered enjoyed a familialrelationshipwith him fornearlyfortyyears. Mr. Godin 16. Mr. Godin and hisparentswere extremely closeto Mr. Dahlen and

maintains a close,familialrelationship." (Emphasis added). otherrelative or individualwith whom the lawyer or otherperson individualsincludea "spouse,child,grandchild,parent,grandparent,or purposes ofbeing "related"to the client,the rulestatesthatrelated unlessthe lawyer or otherrecipientof the gift isrelatedto the client.For givingthe lawyer,or aperson relatedto the lawyer,any substantialgift ruleprohibitsa lawyer from preparingon behalfofa clientan instrument 15. One ofthe Rules implicatedby Mr. Godin's conduct isRule 1.8(c).That

conduct violatedthe New Hampshire Rules ofProfessionalConduct.4 p. 5 Page 5of7 contributedto injuryto the estateof Mr.Dahlen in thatlitigationensued based Mr. Godin's conduct did not injureMr. Dahlen directly,though it

actualor potentialinjurycaused by Mr. Godin's misconduct. The thirdprong ofthe sanctionanalysisrequiresan assessment of the

Prong III:Injuryor PotentialInjury

negligent. sanctionanalysis,the partiesagree thatMr. Godin's mental statewas With respectto Mr. Godin's mental stateunder the second prong ofthe

Prong II:Mental State:Knowing or Negligent

hisclient,Mr. Dahlen. See Standards § 4.4. Under the firstprong of the analysis,Mr. Godin violateddutiesowed to

Prong I: Duty Violated

and an orderto pay costsofinvestigationand prosecution. Committee agreeswith and acceptsthe recommended sanctionofa reprimand on theviolationsof Rules 1.1 and 8.4(a). For the reasons setforthbelow, the The Stipulationincludedan agreement on recommended sanctionsbased

evidence thatMr. Godin's conduct violatedRule 8.4(a). Having found the foregoingviolation,thereisclearand convincing

willand validnotarization. Trustby researchingNew Hampshire's specificrequirementsfor a self-proving attendto the detailsof the draftingand executionofMr. Dahlen'sWill and Mr. Godin violatedRule 1.1 when he failedto properlyprepareand

clearand convincing evidence: thatRandy Godin has violatedthe followingRules of ProfessionalConduct by The Committee concludes thatthereisclearand convincing evidence

II.RULINGS OF LAW p. 6 Page 6of7

omitted). in the future." Grew's Case, 156 N.H. 361, 365 (2007) (quotationand citation bar,preservetheintegrityof the legal profession,and preventsimilarconduct punishment but rathertoprotectthe public,maintainpublicconfidencein the Standards. The purpose of the Court'sdisciplinarypower "isnot to inflict Case, 152 N.H. 155, 159-60 (2005). This sanctionisalsoin accord with the purposes ofattorneydiscipline. Conner's Case 158 N.H. at303; Richmond's a reprimand. The Committee's recommended sanctionisin accord with the The Committee concludes thatthe appropriatedisciplinein thismatteris

disciplineand isan appropriatesanctionin thiscase. aggravatingand mitigatingcircumstances,a reprimand servesthe purposes of The partiesagree thatgiven the baselinesanction,and considerationof

Dahlen), and fulland freedisclosureto the ADO. See Standards § 9.32. problems (i.e.,hisbrother'ssuicidejustweeks priorto hiswork forMr. Mitigatingfactorsincludeabsence ofa priordisciplinaryrecord,personal In thiscase,no aggravatingfactorsare present. See Standards § 9.22.

§ 4.43. agree thatthe baselinesanctionin thismatterisa reprimand. See Standards mitigatingfactors. E.g.,Conner's Case, 158 N.H. 299, 303 (2009). The parties The baselinesanctionmust be consideredin lightofany aggravatingand

Prong IV: Aggravating and MitigatingFactors

and Trust. as Executor and did not charge fees relatedto defending the validityoftheWill not inheritas they had hoped. Mr. Godin representedhisfatherin hiscapacity have contestedaspectsoftheWilland Trustin any event,given thatthey did Trust. However, the partiesagreethatMr. Dahlen'sdaughterswould likely on avoidable irregularitiesin the executionand notarizationoftheWill and p. 7 Page 7 of7

File Randy Godin, Esquire cc: Sara S. Greene, DisciplinaryCounsel

August 8, 2016

conditionsin itsentiretyand issuesthisreprimand. For allofthe above reasons,the Committee approves the stipulationand

investigationand prosecutionof thismatter. agreement. Mr. Godin shallbe responsiblefor allcostsassociatedwith the prosecutionofthisdisciplinarymatter. The Committee approves this Mr. Godin has signed an agreement to pay costsofthe investigationand