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William R. Mason (2018)
THE STATE OF NEW HAMPSHIRE
SUPREME COURT
ORDER LD-2018-0003, In the Matter of William R. Mason. Esquire On March 23, 2018, the Professional Conduct Committee (PCC) filed a recommendation that Attorney William R. Mason be disbarred. The PCC’s recommendation was based on a stipulation signed by Attorney Mason and Disciplinary Counsel, in which Attorney Mason admitted that he had violated numerous Rules of Professional Conduct and conceded that disbarment was the appropriate sanction for his misconduct. In the stipulation, Attorney Mason expressly waived his procedural rights under Supreme Court Rules 37 and 37 A, including his rights under Rule 37(16) to be served with the PCC’s recommendation and to be heard on the recommendation prior to the imposition of discipline. Because the PCC’s recommendation was based on the stipulation agreed to by both Attorney Mason and Disciplinary Counsel as to Attorney Mason’s violations of the Rules of Professional Conduct and the appropriate discipline for the violations, and because Attorney Mason has waived his rights under Rule 37(16), the court concludes that it is unnecessary to serve Attorney Mason with the PCC’s recommendation or to provide an opportunity to be heard on the PCC’s recommendation. In the “Stipulation to Disbarment” approved by the PCC, Attorney Mason admitted that he made unauthorized withdrawals from his client trust account, misappropriated client funds, commingled personal funds and client funds, failed to maintain his trust account in accordance with the requirements of Rule 50, and knowingly made false statements of material fact in his trust accounting certifications and in his response to the ADO. He conceded that his conduct violated the following Rules of Professional Conduct:
1. Rule 1.1, which requires a lawyer to provide competent representation to a client;
2. Rule 1.3, which requires a lawyer to act with reasonable diligence and promptness in representing a client;
3. Rule 1.15, which requires a lawyer to safeguard the property of a client, and Supreme Court Rule 50, which imposes certain requirements on lawyers regarding trust accounts;
4. Rule 3.3, which prohibits a lawyer from knowingly making false statements to a tribunal;
5. Rule 8.1(a), which prohibits a lawyer from knowingly making a false statement of material fact in a disciplinary matter; and
6. Rule 8.4(c), which makes it professional misconduct for a lawyer to engage in conduct involving dishonesty. The court has reviewed the “Stipulation to Disbarment” and the PCC’s recommendation that Attorney Mason be disbarred. After considering the nature, seriousness, and extent of Attorney Mason’s misconduct, the court concludes that disbarment is the appropriate sanction in this case. THEREFORE, the court orders that William R. Mason be disbarred from the practice of law in New Hampshire. He is hereby assessed all expenses incurred by the PCC in the investigation and prosecution of this matter. Dalianis, C.J., and Lynn, Bassett, and Hantz Marconi, JJ., concurred. DATE: March 30, 2018 ATTEST: 3 co = Eileen Fox, Clerk
Distribution: Professional Conduct Committee, 17-004 William R. Mason, Esquire Sara S. Greene, Esquire David M. Rothstein, Esquire File