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Jeffrey M. Brown (2018)
THE STATE OF NEW HAMPSHIRE
SUPREME COURT
ORDER LD-2018-0002, In the Matter of Jeffrey M. Brown, Esquire On February 2, 2018, the Attorney Discipline Office (ADO) filed a petition for the immediate interim suspension of Attorney Jeffrey M. Brown from the practice of law in New Hampshire. The ADO alleges, inter alia, that Attorney Brown: (1) Misappropriated the funds of a client that he deposited in his IOLTA account after settling a matter on the client’s behalf; (2) Mishandled the funds of an investment trust for which he served as trustee, and charged unreasonable legal fees for his services to the trust; (3) Used the funds of one client to pay the cost of another client pertaining to a separate matter; (4) Commingled personal funds with client funds in his IOLTA account; (5) Paid personal expenses from his IOLTA account; and (6) Failed to comply with record-keeping requirements for IOLTA accounts. Attorney Brown has admitted that he violated several Rules of Professional Conduct and has assented to the imposition of an interim suspension. In accordance with Supreme Court Rule 37(9-A), the ADO may petition the court for the interim suspension of an attorney who it contends engaged in conduct that poses a substantial threat of serious harm to the public. If the attorney consents to the interim suspension, the court may issue an order of interim suspension, which is effective immediately. See Rule 37(9-A)(c). Based on the information submitted in the ADO petition, the court finds that Attorney Brown's continued practice of law poses a substantial threat of serious harm to the public, and, therefore, that Attorney Brown’s immediate suspension from the practice of law is necessary. See Rule 37(9-A). Accordingly, it is hereby ordered:
(1) In accordance with Rule 37(9-A), Attorney Jeffrey M. Brown is immediately suspended from the practice of law in New Hampshire pending the outcome of the ADO’s investigation and further order of this court. (2) Copies of the petition for immediate interim suspension and of this order shall be served on Attorney Brown by first class mail and certified mail at the address provided by the ADO and at the latest address that Attorney Brown provided to the New Hampshire Bar Association. (3) Attorney Brown is enjoined from transferring, assigning, hypothecating, or in any manner disposing of or conveying any assets of clients, whether real, personal, beneficial or mixed. (4) On or before February 26, 2018, Attorney Brown shall provide the ADO with proof that he no longer has authority over any fiduciary accounts. (5) On or before February 26, 2018, Attorney Brown shall inform his clients in writing of his suspension from the practice of law, of his inability to act as an attorney, and shall advise them to seek other counsel. See Rule 37(13). Attorney Brown shall file an affidavit stating that he has complied with this requirement on or before March 8, 2018. A copy of the affidavit shall be sent to the ADO. The court will appoint an attorney to take possession of the client files and accounts of Attorney Brown. Hicks, Lynn, Bassett, and Hantz Marconi, JJ., concurred. DATE: February 6, 2018 ATTEST: Eoin cop Eileen Fox, Clerk
Distribution: Elizabeth M. Murphy, Esquire Jeffrey M. Brown, Esquire File