Mark E. Wolterbeek (2005)

suspenslOn. violations of the Rules of Professional Responsibility justifY a six-month it. The court agrees with the parties and the referee that the respondent's the parties' stipUlation and the referee's recommendation that the court approve proceedings are unnecessary for the disposition of this case. The court accepts Having reviewed the parties' stipulation, the court concludes that further

Conduct. 5. Rule S.4(a) by violating provisions of the Rules of Professional

and 4. Rule 1. 3 (a) by failing to manage his clients' case with due diligence;

their case and failing to advise them that their case had been dismissed; 3. Rule l.4(a) by failing to keep his clients informed of the status of

the situation; structuring hearing and by failing to inform his clients of this fact or to correct 2. Rule 1.1 (b)(5) by failing to appear at a September 6, 2000

clients, Dwight and Tanis Whitcomb; 1. Rule 1.1 (a) by failing to provide competent representation to his

Professional Conduct: parties agreed that Attorney Wolterbeek's conduct violated the following Rules of which the referee recommends that the court approve. In this stipulation, the On February 23, 2005, the parties filed a stipUlation settling this action,

conduct and recommended sanction." of fact and rulings of law as to the alleged violations of the rules of professional C.J., retired)"for a hearing and the filing of a written report with specific findings On March 12, 2004, the court referred this matter to a referee (Murphy,

months. The respondent answered the petition on February 27,2004. of Rindge, New Hampshire, from the practice of law in New Hampshire for six filed a petition seeking an order suspending the respondent, Mark E. Wolterbeek, On December 16, 2003, the Committee on Professional Conduct (PCC)

LD-2003-0009, In the Matter of Mark E. Wolterbeek, Esquire

Irene Dalbec, Supreme Court David A. Garfunkel, Esquire Mark E. Wolterbeek, Esquire Kenneth G. Bouchard, Esquire James L. DeHart, Esquire Margaret H. Nelson, Chair Honorable Walter L. Murphy Distribution:

DATE: March 15,2005

Broderick, C.J., and Dalianis, and Galway, JJ., concurred.

interests of the respondent and his clients. See Rule 37(17). and trust accounts and to take such action as may be necessary to protect the court should appoint an attorney to make an inventory of the respondent's files The PCC shall inform the court on or before March 25, 2005, whether the

in the investigation and prosecution of this matter. See Rule 37( 19). Mark E. Wolterbeek is hereby assessed all expenses incurred by the PCC

court's order. other jurisdictions in which he is licensed to practice law of the issuance of the l.l(a), l.1(b)(5), 1A(a), l.3(a) and SAra). He is ordered to notifY the PCC of any the practice of law in New Hampshire for violating Rules of Professional Conduct Mark E. Wolterbeek is hereby suspended for a period of six months from