Danielle L. Richey (formerly Santuccio) (2016)

Conway, New Hampshire 03818-2046. Lee, 8b Santuccio,P.A., 481 White Mountain Highway, P. O. Box 2046, to thisproceeding,Ms. Santuccio operatedher law officeas Melendy, She was admitted to practiceon October 31, 2006. At alltimes material 1. Ms. Santuccio isan attorneylicensedto practicelaw in New Hampshire.

investigationand prosecution. approved the agreement to reimburse the Committee forallcostsof Hampshire Rules of ProfessionalConduct (the"Rules") as stipulated,and evidence. The Committee then approved the findingsofviolationsofthe New The Committee approved the factsas stipulated,by clearand convincing

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

Santuccio,Danielle L. Richey advs. Attorney DisciplineOffice-#13-043

ScottH. Harris BarbaraJ. Guay, LegalAssistant Richard H. Darling* * non attorneymember Susan R. Chollet* Martha Van Oot PeterG. Beeson Richard D.Sager ElaineHolden,* 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

assistance. mailing,but not faxing,her account informationforyour know ifthereare any reasonswhy thatcannot happen. I am IRA rolledover intoher retirementaccount. Please letme have both her shareofthe 401(k) and her halfofMr. Perry's versionofthisletter.As we discussed,Jodiwould liketo the account number forJodi'sretirementwith the mailed Regarding Mr. Perry's401(k) and IRA - I willsupply you with

telephoneconversationand stating,in relevantpart: 8. On May 18, 2012, Ms. Lieber wrote to Ms. Santuccio,confirming a

Brad'saccount IRA as well as for the QDRO for his401(k)." would be supplying"Jodi'sIRA account informationforthe rolloverfrom 7. On May 8, 2012, Ms. Lieberwrote to Ms.Santuccio confirming thatshe

days." (Emphasis in original). approval to be submitted with the FinalProposed Decree within30 prepared by Danielle Santuccio,Esq. and filedwith the Court for necessarya QualifiedDomestic RelationsOrder ("QDRO") shallbe halfofMr. Perry'sIRA and 401 (k)to Ms. Perry. Italsostated:"If Divorce and issueda Decree of Divorce. The FinalDecree awarded one- 6. On May 1, 2012, the courtapproved a FinalDecree on Petitionfor

representedMs. Perry. relatedto the representation.Cheryl Lieber,Esq. ("Ms. Lieber") Santuccio'srepresentationofMr. Perry proceeded without any issues - Family Division- Ossipee). During the divorce proceedings,Ms. JodiPerry and Charles Perry, Case No. 664-2011-DM-OO 189, 3rd Circuit hisdivorce from hiswife,Ms. Jodi Perry ("Ms. Perry"). (Inthe Matter of 5. In October 2011, Ms. Santuccio was retainedto representMr. Perry in

during post-divorceproceedings. Perry'scomplaint arisesfrom Ms. Santuccio'srepresentationofhim 2013 and referredto disciplinarycounsel on December 11, 2014. Mr. Perry")on September 27, 2013. The matterwas docketed on October 22, 4. This matterarisesfrom a grievancefiled byCharles Bradley Perry ("Mr.

(January 11, 2016). Santuccio,DanielleRichey advs. AttorneyDisciplineOffice - #12-042 Conditions forviolationsofRules 1.1,1.3 and 1.4 in 2016. See 3. Ms. Santuccio was sanctionedwith a PublicCensure with Mandatory

jurisdiction. 2. Ms. Santucciohas not been admittedtopracticelaw inany other p. 3 Page 3of14

motion with the Court to requestenforcement of the finaldecree." don'thear from you by Monday, July 16, 2012,1 willfilea contempt Perry'sIRA. She also stated,"Pleaseletme know what ishappening - if I to the statusof the preparationofthe QDRO and the distributionof Mr. 14. On July 10, 2012, Ms. Lieber wrote to Ms. Santuccio again inquiringas

Perry regardingthe QDRO. 13. A July2, 2012 phone message reflectsthatMs. Santuccio calledMr.

ofthose funds. with the date,amount, and date ofvaluationof the transfer been transferredintoher IRA account. Please provide me informed me thatas oftoday'sdate the IRA funds have not today'sdate I have not receivedit. My clienthas also due to the Court within 30 days ofMay 2, 2012, but as of Brad'spension. As I read the finaldecree,the QDRO was regardingthe statusofthe preparationof the QDRO for May 25, 2012,1 am requestingthatyou contactme As I have not heard back from you regardingmy letterof

12. On June 19, 2012, Ms. Lieber sentMs. Santuccio anotherletter,stating:

information. 11. Ms. Santuccio'sofficedid not,in fact,receivethe IRA account

the transfershould be May 2, 2012. soon as itisprepared. Again, as above, the date ofvalue for I am assuming thatyou willsend the QDRO to my officeas

decree. account as ofMay 2, 2012, as thatisthe date ofthe final I am alsorequestingthatwe receiveproofofvalue of his informationregardingthataccount to your officelastweek). transferredto Jodi'snewly opened IRA account (Isent Also, pleaseletme know when Brad'sIRA money has been

part: 10. On May 25, 2012, Ms. Lieber wrote to Ms. Santuccio statingin relevant

Lieber. of the maritalrealestateequity,pursuantto the FinalDecree, to Ms. Herzog"),forwarded settlementchecks foralimony and Ms. Perry'sshare 9. On thatsame date,Ms. Santuccio'sparalegal,TeriL. Herzog ("Ms. p. 4 Page 4 of14 she contacther regardingthe statusofthe IRA funds by August 30, 21. On August 21, 2012, Ms. Lieber wrote to Ms. Santuccio requestingthat

Santuccio with hisIRA informationfor hisaccount on August 9, 2012. 20. A phone message appears to reflectthatMr. Perry provided Ms.

statusofthe IRA funds. 19. On August 2, 2012, Ms. Lieber faxed Ms. Santuccio again requestingthe

informationshe could find in the filewas for the 401(k). updated IRA information. She noted in her memo to the filethatallthe 18. On July23, 2012, Ms. Santuccio spoke with Mr. Perry and requestedhis

Please respond regardingthe statusofthe IRA money.

thatopportunity.. . . investor spend itas she chooses - she isstillbeing denied her within30 days of the Court'sOrder, she isentitledto delay. One-halfof the IRA money isher money, itwas due to thereis[sic]been "no hardship"to my clientbecause ofthe You should know thatI do not agree with your analysisthat

the IRA - you did not address thatin your letter. regardingmy message. I am again requestingthe statusof up and I lefta message. I have not heard back from you to phone you regardingthisletter,but the voicemail picked I am in receiptofyour faxed letter....As you know I tried

17. Ms. Lieber faxed a letterto Ms. Santuccio on July 17, 2012 stating:

hisemployment atNortheastUtilitiesService Company. Investments,faxed to Ms. Santuccio Mr. Perry's401(k) informationfor Ms. Herzog by email. The 401(k) plan administrator,Fidelity 16. On July 13, 2012, Mr. Perry sentthe May 1, 2012 value ofhis401(k) to

hope to draftitupon my return."Mr. Perry was copied on thisletter. as ofMay 1, 2012. I am in Ossipee firstthingon Monday, the 16th,but course ofwritingthisletterMr. Perry emailed the retirementstatement she advised: "Iam working on gettingthe QDRO to you, during the date ofdecree in orderto draftthe QDRO." In the closingofthe letter, "At thistime I am stilltryingto ascertainthe retirementvalues as ofthe Mr. Perry and Ms. Perry. Regarding the QDRO, Ms. Santuccio advised: addressingotherissueswith respectto email communications between enclosingchecks for Mr. Perry'shalfofthe maritalcreditcard debt and 15. By letterdated July 13, 2012, Ms. Santuccio wrote to Ms. Lieber p. 5 Page 5of14 thather firm had never receivedthe IRA informationfor"Brad to transfer 30. On November 20, 2012, Ms. Santuccio wrote to Ms. Lieber explaining

regardsto the 401k and IRA situation.. . ." don'tmean to be a pest,justwondering ifany progresshas been made in 29. On November 15, 2012, Mr. Perry emailed Ms. Santuccio inquiring:"I

forContempt untilafterMr. Perry was served. November 26, 2012. Ms. Santuccio was not made aware of the Motion 9, 2012. The Order ofNotice scheduled the contempt hearingfor 28. Mr. Perry was served with the Motion and Order of Notice on November

Court as previouslyordered in the finaldivorce decree...." funds intoJodi Perry'sIRA, and forfailureto fileany QDRO with this Charles Perry,in contempt forfailingto transferone-halfofhisIRA Decree For Contempt requestingthatthe courtfind"theRespondent, 27. On October 16, 2012, Ms. Lieber fileda Motion to Bring Forward Final

Ms. Santuccio responded thatshe had a callin to Mr. Perry. 26. On September 24, 2012, Ms. Lieber asked fora statuson the IRA and

25. Ms. Santuccio and Ms. Lieber spoke about the matterlaterthatday.

isthe status?Please letme know today (aboutthe IRA)." What I have been callingyou and writingto you about isthe IRA. What 24. Ms. Lieber responded to the email: "thanks for the update on the QDRO.

was incorrect.You willhave thisQDRO very shortly. thatyou had been contactedbut itappears thatassumption gettingback to you previously. Itwas my understanding I am working on the QDRO as we speak. I apologize for not

23. On September 17, 2012, Ms. Santuccio emailed Ms. Lieber stating:

but to file acontempt motion with the Court. you today before the closeofbusinessI see no alternative I have not heard anything from you. Unless I hear back from I calledyour officelastFridayand requesteda response,but faxed, calledand writtento you severaltimes but to no avail. transferofMr. Perry'sIRA intomy client'saccount. I have I have not heard back from you regardingthe statusofthe

22. On September 10, 2012, Ms. Lieberwrote to Ms. Santuccio stating:

2012. p. 6 Page 6 of14 to incursanctionsin the manner he did. Because ofthisI authorityto orderthe propertysettlementto be differentor not want me to do thatI won't. I don'tbelievehe has the theJudge'srulingislegallyinaccurate.However, ifyou do I would liketo filea Motion to Reconsider because I believe

email dated December 6, 2012. She alsostated: 36. Ms. Santuccio provided account informationthatMr. Perry needed inan

againstthis,I'dappreciateyour advice." happens in regardsto her attorney'sfees. Ifthere'sany reason you feel extra$100, butwillleave the 40IK up to you, and wait to see what informationneeded for the IRA transaction.He also stated:"111 pay the 35. On December 4, 2012, Mr. Perry emailed Ms. Santuccio requestingthe

completed no laterthan January 15, 2013. lossofuse ofthe funds sinceJune 1, 2012, shallbe QDRO for the transferofthe 40 IK account,plus$200.00 for 2012, directlyintoplaintiffsIRA account. Furtherthe lossofuse of the funds from June 1, 2012 to December 15, the date ofthe divorceon May 1, 2012, plus$100.00 forthe ordered to complete the transferof Vfe ofthe IRA fund as of Further,no laterthan December 15, 2012, defendant is

ordered: attorney'sfees and expenses afterJuly 1, 2012. The Court further 34. The Court alsorequiredMr. Perry to pay the plaintiffsreasonable

stated: had failedto complete the requiredtransfer.In relevantpart,the Court November 28, 2012 Order (mailed November 29, 2012). Itfound thathe 33. After a hearing,the Court found Mr. Perry in civilcontempt in a

November 26, 2012. Forward FinalDecree forContempt and Respondent's Proposed Order on 32. Ms. Santuccio filedthe Respondent's Response to Motion to Bring

letterand thatshe would be availableby telephone priorto the hearing. 2012 notingthatshe was concerned thatMs. Lieber had not receivedthe 31. Ms. Santuccio emailed the same letterto Ms. Lieber on November 26,

necessaryforthe matterto go tocourton November 26th. necessaryIRA numbers. Ms. Santuccio suggested thatitwas not mailed Ms. Perry'scopy to Ms. Santuccio,which had not included the funds to Jodi." Ms. Santuccio concluded thatMs. Lieber had mistakenly p. 7 Page 7 of14

30, 2013. the statusofthe QDRO. Ms. Lieber lefta follow-up message on January 44. On January 22, 2013, Ms. Lieber faxed Ms. Santuccio a letterrequesting

on anothermatterthatthey needed to talkabout the QDRO. information. She alsomentioned to Ms. Lieber when they were atcourt or "undefined." She calledthe plan administratorforfurther the QDRO but could not determine whether the benefitswere "defined" 43. In January 2013, Ms. Santuccio recallsspending a fullday working on

on or about December 18, 2012. particularsfor the transferof the IRA funds. The distributionoccurred 2012, Ms. Lieber and Ms. Santuccio corresponded to arrange the 42. The filereflectsthatbetween December 10, 2012 and December 18,

the contempt motion or forappearing forthathearing. 41. Ms. Santuccio did not charge Mr. Perry forher legalfees in addressing

December 28, 2012. December 18, 2012. Mr. Perry paid Ms. Lieber'sfees and costson 2012. The Court approved the attorney'sfees and costsof$1,407.65 on 40. Ms. Lieber filedher affidavitofattorney'sfees and costson December 13,

Reconsiderationwould be without meritand did not fileit. 39. Upon furtherreview, Ms. Santuccio determined thata Motion for

...Ifyou have any problems with the transactionletme know!" 38. Ms. Santuccio replied,"The motion isdue Tuesday and I'm not charging .

Thanks foreverything. filingthe motion? Justmy wheels turning. . .again. alreadyhave. Are thereany time constraintsin regardsto fine. Ijustdon'twant to rack up any more billsthan I though, and ifyou thinkthe motion isworth pursuing,that's the motion you filedoesn'tpan out. I trustyour advice, tomorrow, and I'm going to includethe $100, in the event Thanks forgettingback to me. Illdo the transaction

37. Mr. Perry responded thatsame day stating:

uncomfortable pleaseletme know. and hold offon any additionalamount. Ifthismakes you would suggestyou justtransferthe May 1, 2012 amount, p. 8 Page 8 of14

partiessettledthe matterinAugust 2015. 464-2014-SC-00117, 3rd Circuit- DistrictDivision- Ossipee.) The her firm. (Charles Bradley Perry v.Danielle Santuccio,Esq., Case No. 54. Mr. Perry brought a small claim complaint againstMs. Santuccio and

of the QDRO and defending him attheJune 24, 2013 contempt hearing. 53. Mr. Perryalsopaid attorney'sfees to Mr.Greenhalgh forhispreparation

$1,277.65. Mr. Perry paid them. 52. The courtapproved Attorney Lieber'sFees and Costs in the amount of

2013 when he accepted servicefrom the sheriff. 51. Mr. Perrywas not aware ofthe second motion forcontempt untilMarch

previouslybeen ordered to pay. noted thatMr. Perry stillowed $200.00 from his401(k) thathe had and sanctionedhim with the plaintiffsattorney'sfees and costsand 50. The courtfound Mr. Perry in contempt ofthe November 28, 2012 order

as ordered on 11/28/2012." portionofthe 40IK distributedto her as partof the finaldivorce decree, and must "pay an additional$200.00 forplaintiffslossofuse ofthe failedto provide the QDRO forhis40IK account by January 15, 2013, Perry. In a June 25, 2013 Order, Judge Pattenfound thatMr. Perry had 2013. Charles L. Greenhalgh, Esq. ("Mr. Greenhalgh") representedMr. 49. A hearingon the second contempt motion went forward on June 24,

was filedon April 11, 2013. Santuccio requestingthatshe withdraw. Ms. Santuccio'swithdrawal 48. Mr. Perry retainedothercounsel and on April 7, 2013, he wrote to Ms.

result,Ms. Santuccio learnedofitwhen her clientcontactedher. 47. Ms. Lieber did not send a copy ofthe Motion to Ms. Santuccio. As a

46. Mr. Perry was served with the renewed Motion on March 20 or 21, 2013.

Attorney Santuccio in thisregard." Mr. Perry'sattorneyregardingsame, therehas been no response from has failedto fileor produce any QDRO, and despiteattemptsto contact 2012 ..." The Motion stated:"While Mr. Perry did transferthe IRA, he provide a QDRO as previouslyordered by thisCourt on November 28, Mr. Perry should be found in contempt for"failingto prepareand/or Decree forContempt And Request forFurtherSanctionsassertingthat 45. On February 7, 2013, Ms. Lieberfiled aMotion to Bring Forward Final p. 9 Page 9 of14

Santuccio stillhad not completed the QDRO or made arrangements with Mr. Perry was served with the second Motion forContempt, Ms. completed no laterthanJanuary 15, 2013. As of March 20, 2013, when 61. The Court'sNovember 28, 2012 Order requiredthatthe QDRO be

and costsof$1,407.65. share ofthe 401(k). Mr. Perry was alsorequiredto pay attorney'sfees share ofthe IRA funds and an additional$200 for lossofuse ofher ordered him to pay Ms. Perry an additional$100 forlossofuse of her 60. The Court'sNovember 28, 2012 Order held Mr. Perry in contempt and

was issued,the IRA transferhad not been completed. 2012 contempt hearing,more than fivemonths afterthe FinalDecree expected thatitwould occur in a timelyfashion. As of the November 26, Accordingly, Ms. Santuccio was aware thatMs. Lieber and her client Ms. Santuccio as to when the IRA transferwould be completed. IRA transferfrom Mr. Perry to Ms. Perry,Ms. Lieber regularlyinquiredof 59. Although the FinalDecree did not specifya deadlineforcompletion ofthe

filedthe QDRO with the Court. 58. As ofthe November 26, 2012 contempt hearing,Ms. Santuccio had not

filethe QDRO within 30 days. 57. The May 1, 2012 FinalDecree requiredthatMs. Santuccio prepareand

representation. 56. Ms. Santuccio owed a duty to Mr. Perry to provide competent

Conduct by clearand convincing evidence: thatDanielleRichey Santuccio has violatedthe following Rules of Professional The Committee concludes thatthereisclearand convincing evidence

stepsto improve her management ofher law practiceand her case load. had difficultiesmanaging her workload during 2012. She has sincetaken 2012. As a resultoftheseeventsand a largecase load,Ms. Santuccio 2012. Two experienced paralegalsalsoleftthe firm as ofFebruary 1, began to wind down theirpractices,in preparationforretirementin within the firm as the seniorpartners,Fay Melendy and Susan Lee, afterjoiningthatpractice,Ms. Santuccio took on more responsibility 55. In July2011, Ms. Santuccio began working atthe Melendy firm. Shortly, p. 10 Page 10 of14

opposing counsel foran extensionof time due to the difficultiesshe faced Santuccio stillhad not completed the QDRO or made arrangements with Mr. Perry was served with the second Motion forContempt, Ms. completed no laterthanJanuary 15, 2013. As of March 20, 2013, when 70. The Court'sNovember 28, 2012 Order requiredthatthe QDRO be

alsorequiredto pay attorney'sfeesand costsof$1,407.65. additional$200 forlossofuse ofher share of the 401(k). Mr. Perry was an additional$100 forlossofuse ofher shareof the IRA funds and an Order holding Mr. Perry in contempt and orderinghim to pay Ms. Perry 69. Ms. Santuccio'sfailureto actresultedin the Court'sNovember 28, 2012

contempt hearing,the IRA transferhad not been completed. completed between May and October 2012. As of the November 26, 2012 inquiredofMs. Santuccio as to when the IRA transferwould be ofthe IRA transferfrom Mr. Perry to Ms. Perry,Ms. Lieber repeatedly 68. Although the Decree of Divorce did not specifya deadlineforcompletion

filedthe QDRO with the Court. 67. As ofthe November 26, 2012 contempt hearing,Ms. Santuccio had not

and filethe QDRO within 30 days. 66. The May 1, 2012 Decree ofDivorce requiredthatMs. Santuccio prepare

transferoccurred and the preparationof the QDRO was completed. 65. Ms. Santuccio breached thatduty when she failedto assurethatthe IRA

diligenceon behalfof her client. 64. Ms. Santuccio had a duty to actwith reasonablepromptness and

informationto complete the QDRO in a timelyand effectivemanner. her clientto effectuatethe IRA transferand she failedto gathersufficient and effectivemanner when she failedto gathersufficientinformationfor clientand failedto undertake actionson her client'sbehalfin a timely 63. Ms. Santuccio failedto gathersufficientfactsto adequatelyassisther

undertaken with no avoidable harm to hisinterests. to assurethatcompletion ofMr. Perry'spost-divorcematterswere 62. Ms. Santuccio failedto pay attentionto detailsand schedulesnecessary

in preparingthe QDRO. opposing counsel foran extensionoftime due to the difficultiesshe faced p. 11 Page 11 of14

evidence thatMs. Santuccio'sconduct violatedRule 8.4(a). 78. Having found the foregoingviolations,thereisclearand convincing

orderconstitutesa violationofRule 3.4(c). 77. Ms. Santuccio'sfailureto comply with the Court'sNovember 28, 2012

to the difficultiesshe faced in preparingthe QDRO. made arrangements with opposing counsel foran extensionoftime due Motion for Contempt, Ms. Santuccio stillhad not completed the QDRO or 76. As ofMarch 20, 2013, when Mr. Perry was served with the second

November 28, 2012 orderand itsrequirements. QDRO by January 15, 2013. Ms. Santuccio knew ofthe Court's 75. The November 28, 2012 orderrequiredthatMs. Santuccio preparethe

Rule 3.4(c):Fairness toOpposing Party and Counsel

resultingin harm to Mr. Perry'sinterests. preparethe QDRO by theJanuary 15, 2013 court-ordereddeadline time-frame setforthby the Decree ofDivorce; and by furtherfailingto reasonableperiod of time; by failingto prepare the QDRO within the necessaryinformationfor Mr. Perry to effectuatethe IRA transferin a 74. Ms. Santuccio furtherbreached thisduty by failingto obtainthe

funds and the preparationofthe QDRO. Lieber'srepeatedinquiriesas to the statusof the transferof the IRA 73. Ms. Santuccio breached thisduty by failingto reasonablyrespond to Ms.

interests. expeditehispost-divorcemattersin a manner consistentwith his 72. Ms. Santuccio owed Mr. Perry a duty to make reasonableeffortsto

with reasonablepromptness and diligenceon behalfofher client. 71. Ms. Santuccio'sconduct as describedabove constitutesa failureto act

QDRO. inquiriesfrom opposing counsel as to the statusofthe preparationofthe in preparingthe QDRO. Ms. Santuccio failed toactin spiteof two p. 12 Page 12 of14 The baselinesanctionmust be consideredin lightofany aggravatingand

Prong IV: Aggravating and MitigatingFactors

matterwas settled. small claims actionagainstMs. Santuccio to recoverhispayments. That Mr. Perry was furtherinjuredin thatitwas necessaryforhim to bringa

furtherinjuryand potentialinjuryto Mr.Perry because he hirednew counsel. arrangements with opposing counsel foran extensionof time. This resultedin Contempt, Ms. Santuccio stillhad not completed the QDRO or made In March 2013, when Mr. Perrywas served with the second Motion for

responsibleforopposing counsel'sattorney'sfeesand costsof$1,407.65. pay an additional$200 out ofhis401(k) account to Ms. Perry and he was 2012. That findingresultedin actualharm because Mr. Perry was requiredto inactionresultedin the Court findingher clientin contempt on November 28, Ms. Santuccio'sconduct caused actualand potentialinjury.Her

actualor potentialinjurycaused by Ms. Santuccio'smisconduct. The thirdprong of the sanctionanalysisrequiresan assessment of the

Prong III:Injuryor PotentialInjury

to take action. and a courtorderfindingher clientin contempt did not prompt Ms. Santuccio negligentbut became knowing afterseveralreminders from opposing counsel The partiesagree thatMs. Santuccio'smental statewas initially

Prong II:Mental State:Knowing or Negligent

Court. See Standards §§ 4.5,4.4 and 6.2. litigationconsistentwith her client'sinterests,and to obey an obligationofthe to her clientto provide competent, and diligentrepresentation,to expedite Under the firstprong ofthe analysis,Ms. Santuccio violateddutiesowed

Prong I: Duty Violated

an orderto pay costsofinvestigationand prosecution. of a sixmonth suspension stayedforone year with mandatory conditionsand forthbelow,the Committee agreeswith and acceptsthe recommended sanction on theviolationsofRules 1.1;1.3;3.2,3.4(c);and 8.4(a).For the reasons set The Stipulationincludedan agreement on recommended sanctionsbased

III. ANALYSIS p. 13 Page 13 of14

confidence in the bar,preservethe integrityof the legalprofession,and prevent not to inflictpunishment but ratherto protectthe public,maintain public in accord with the Standards. The purpose ofthe Court'sdisciplinarypower "is at303; Richmond's Case, 152 N.H. 155, 159-60 (2005). This sanctionisalso isin accord with the purposes ofattorneydiscipline. Conner's Case 158 N.H. one year with mandatory conditions.The Committee's recommended sanction concludes thatthe appropriatedisciplineisa sixmonth suspension stayed for Having made the aforementioned findingsand rulings,the Committee

588, 593 (1993). the legalprofession,and deterringfuturemisconduct." Welts' Case, 136 N.H. public,maintainingthe publicconfidence in the bar,preservingthe integrityof appropriatesanctionthat"willsatisfythe statedpurpose of protectingthe supporta stayed six-month suspension with mandatory conditionsas an agree thatthe lackofaggravatingfactorsand existenceofmitigatingfactors The partiesagree thatthe baselinesanctionisa suspension. They also

experienceisneithera mitigatingnor aggravatingfactor. when thismisconduct occurred. The partiesagree thatMs. Santuccio'slevelof Likewise, Ms. Santuccio had been practicinglaw for about sixyears

relevantmitigatingor aggravatingfactorsin thiscase. thatneithera lackofdisciplinaryhistorynor a priordisciplinaryhistoryare on noticeofthe earliergrievancefiledwith the ADO. As such, the partiesagree #12-042 matterand a portionofthe conduct occurred afterMs. Santuccio was A portionofthe conduct in thiscase overlapped with the conduct in the

thatmatteroccurred between July2009 and October 2012. conditionsforviolationsofRules 1.1,1.3 and 1.4. The conduct giving riseto 042 matterdiscipliningMs. Santuccio with a publiccensure with mandatory the #12-042 matter.On January 11, 2016, the PCC issuedan orderin the #12- However, on October 29, 2012, anotherclientfileda grievanceagainsther in Ms. Santuccio did not have a disciplinaryhistorywhen the conduct occurred. The conduct in thismatteroccurred between May 2012 and March 2013.

partnersand the departureof twoexperienced paralegals. as resultof transitionswithin her firm,includingthe retirementof twosenior Additionally,Ms. Santuccio struggledwith managing her case load during 2012 freedisclosureto theADO; and a cooperativeattitude. See Standards § 9.32. mitigatingfactors,includingabsence of adishonestor selfishmotive; fulland thereare no applicableaggravatingfactors. See Standards § 9.22. There are mitigatingfactors. E.g.,Conner'sCase, 158 N.H.299, 303 (2009). Inthiscase, p. 14 Page 14 of14 File DanielleL. Richey Santuccio,Esquire cc: ElizabethM. Murphy, AssistantDisciplinaryCounsel

August 8, 2016 y

year with mandatory conditions. conditionsin itsentiretyand issuesthissixmonth suspension stayed for one For allofthe above reasons,the Committee approves the stipulationand

investigationand prosecutionofthismatter. agreement. Ms. Santuccio shallbe responsibleforallcostsassociatedwith the and prosecutionofthisdisciplinarymatter. The Committee approves this Ms. Santuccio has signed an agreement to pay costsofthe investigation

Stipulation. monitoring period,effectivethe date the PCC approves this • No furthercomplaints filedwith theADO during a one year

regardingpost-divorceproceedings;and, credits,involvingpreparationof QDROs and relatedissues approved by theADO, in additionto the requiredtwelve annual • The completion of sixadditionalCLE creditsbeforeJune 30, 2017,

August 6, 2017, for the finalreport; reportwillbe due on February 6, 2017), resultingin a due date of mentoring agreement in #12-042 matterprovidesthatthe final - #12-042 (#12-042 matter)for sixadditionalmonths (The matterof Santuccio,DanielleRichey advs. Attorney DisciplineOffice • An extensionofthe mentoring agreement currentlyin place in the

The mandatory conditionsare as follows:

(quotationand citationomitted). similarconduct in the future." Grew's Case, 156 N.H. 361, 365 (2007) p. 15 Court

ElizabethM.Murphy.AssistantDisciplinaryCounsel Cases12-042and13-043areclosed. DanielleL.Richey(formerlySantuccio)wassuspendedfromthepractice Santuccio,DanielleRicheyadus.AttorneyDisciplineOffice-#13-043 Santuccio,DanielleRicheyudus.AttorneyDisciplineOffice-#12-042 File WilliamC.Saturley,Esquire

matters.TheProfessionalConductCommitteegrantsthatrequests. suspended.TheAttorneyDisciplineOfficehas,therefore,askedtoclosethese additionalsanctionsintheabovecases.Eveniftheycould,sheisalready professionalconductmatters,nonecouldbeusedtotriggertheimpositionof oflawonJune17.2019.WhileAttorneyRicheyhasbeenthesubjectofother MargaretR.KerouaeBarbaraJ.Guay,LegalAssistant PeterC.Beeson*nonattorneymember KathleenM.Ames*DanielE.Will RonaldK.AcetMarthaVanOot ElaineHolden,*ViceChair603-224-5828•Fax228-9511GeorgesJ.Royt HeatherE.Krans,ViceChairConcord,NewHampshire03301MonaT.Movalaghi DavidM.Rothstein,Chair4ChenellDrive,Suite102CarolineK.Leonard Distribution: AugustE