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Danielle L. Richey (formerly Santuccio) (2020)
THE STATE OF NEW HAMPSHIRE
SUPREME COURT
ORDER LD-2019-0008, In the Matter of Danielle L. Richey, Esquire On June 17, 2019, the court suspended the respondent, Attorney Danielle L. Richey, from the practice of law on an interim basis pending the resolution of several disciplinary matters and further order of this court. On July 3, 2019, the court appointed a referee to hold a hearing and to make a recommendation to the court as to whether maintenance of the suspension was necessary for the protection of the public and the preservation of the integrity of the legal profession. On September 18, 2019, following review of the referee’s report and recommendation, the court issued an order accepting the referee’s recommendation that the interim suspension of Attorney Richey remain in place. On November 19, 2019, the Professional Conduct Committee (PCC) filed a recommendation that Attorney Richey be suspended from the practice of law for two years. The recommendation related to one of the several disciplinary matters involving Attorney Richey. In accordance with Rule 37(16), the court provided notice to Attorney Richey of that recommendation and ordered her to file a response on or before December 26, 2019, identifying any legal or factual issues relating to the PCC’s recommendation that she wished the court to review. Attorney Richey did not file a response. In the disciplinary matter that gives rise to the pending recommendation for a two-year suspension, Attorney Richey did not file a response to the complaint; nor did she communicate with the Attorney Discipline Office to schedule a meeting. The PCC found that Attorney Richey violated the following Rules of Professional Conduct.
1. Rule 1.16(d), which requires a lawyer, as a condition to termination of representation, to take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred;
2. Rule 8.1(b), which provides that a lawyer in connection with a disciplinary matter shall not knowingly fail to respond to a lawful demand for information from a disciplinary authority; and
3. Rule 8.4(a), making it misconduct to violate the Rules of Professional Conduct. After reviewing the PCC’s recommendation and record, the court accepts the PCC’s findings and its recommendation that Attorney Richey be suspended from the practice of law in New Hampshire for a period of two years. Accordingly, the court orders as follows: (1) Attorney Danielle L. Richey is suspended from the practice of law in New Hampshire for a period of two years. (2) Attorney Richey is ordered to reimburse the Attorney Discipline Office for all costs and expenses incurred by the attorney discipline system in the investigation and prosecution of this matter. (3) Attorney Richey is ordered to comply with the provisions of Supreme Court Rule 37(13). (4) Within 30 days of this order, Attorney Richey shall file with this court an affidavit showing that she has fully complied with the requirements of Rule 37(13). A copy of the affidavit shall be sent to the Attorney Discipline Office. This order is without prejudice to the PCC’s recently filed petition recommending the disbarment of Attorney Richey. Hicks, Bassett, Hantz Marconi, and Donovan, JJ., concurred. DATE: August 4, 2020 % ATTEST: wT a LNvssy Timothy A. Gudas, Clerk
Distribution: Professional Conduct Committee, 18-017 Mark P. Cornell, Esquire Sara S. Greene, Esquire Elizabeth M. Murphy, Esquire Danielle L. Richey, Esquire File