Lisa A. Wellman-Ally (2021)

Concord, New Hampshire 03301 Fax (603) 228-9511 4 Chenell Drive, Suite 102 www.nhattyreg.org (603) 224-5828

File Lisa A. Wellman-Ally, Esquire cc: Elizabeth M. Murphy, Assistant Disciplinary Counsel

investigation and prosecution of this matter. agreement that Ms. Wellman-Ally shall reimburse the Committee for all costs of Having approved the stipulated sanction, the Committee approved the

with the ABA Standards for Imposing Lawyer Sanctions (2005) ("Standards"). Richmond's Case, 152 N.H. 155, 159-60 (2005). The sanction is also in accord attorney discipline. See, e.g., Conner's Case 158 N.H. 299, 303 (2009); Conditions is appropriate. Its sanction is in accord with the purposes of The Committee also concluded that a Stayed Six-Month Suspension With

3.4; and 8.4(a), as stipulated. Ms. Wellman-Ally's conduct violated Rules of Professional Conduct 1.2; 1.4; The Committee approved the facts as stipulated. It further found that

Disciplinary Matter (attached as Exhibit B). ("the Stipulation," attached as Exhibit A), and the Agreement to Pay Costs of Committee") deliberated the Stipulation as to Facts, Violations and Sanction On February 16, 2021, the Professional Conduct Committee ("the

Welman-Ally, Lisa A. advs. Attorney Discipline Office - #20-003/#20-013

Barbara J. Guay, Legal Assistant * non attorney member Elaine Holden,* Vice Chair Heather E. Krans, Vice Chair David M. Rothstein, Chair

at Wellman-Ally Law, PLLC, 98 Charlestown Road, Suite 1, Claremont,

3. At all times material to this proceeding, Ms. Wellman-Ally practiced law

currently on active status in both states.

(admitted on June 16, 2003) and in New York (admitted in 1990). She is

2. Ms. Wellman-Ally has also been admitted to practice law in Vermont

New Hampshire Bar on October 28, 2002.

practice law in New Hampshire. Ms. Wellman-Ally was admitted to the

1. Lisa A. Wellman-Ally ("Ms. Wellman-Ally") is an attorney licensed to

Office (ADO) stipulate as follows:

Respondent Lisa A. Wellman-Ally, Esq., and the Attorney Discipline

Wellman-Ally, Lisa A. advs. Attorney Discipline Office - #20-013

Wellman-Ally, Lisa A. advs. Attorney Discipline Office - #20-003

when Burton Bolton ("Mr. Bolton") abruptly left the mediation.

parenting plan. After agreeing upon a few things, the mediation ended

8. On May 16, p. 3 2019, the parties attended a mediation regarding the

Wellman-Ally first filed an Appearance for Ms. Goncalves in p. 3 2011.

times since p. 3 2009 requesting changes to the parenting plan. Ms.

No. p. 3 213-2009-DM-00555. The parties have been to Court numerous

entitled In the Matter of Hayley Goncalves and Burton Bolton, Jr., Case

matter in the 8th Circuit Court-Keene Family Division (the "Court")

7. Ms. Wellman-Ally represented Ms. Goncalves in a disputed parenting

did not consider her concerns prior to agreeing to a parenting plan.

received by the ADO on January 7, p. 3 2020, alleging that Ms. Wellman-Ally

client, Haley Goncalves ("Ms. Goncalves") dated December p. 3 28, 2019 and

6. The Goncalves matter arises out a complaint filed by Ms. Wellman-Ally's

("Jordan matter").

referral dated June p. 3 29, 2020 filed by Theodore H. Parent, Esquire

December p. 3 28, 2019 filed by Hayley Goncalves ("Goncalves matter") and a

5. These disciplinary matters were initiated by a letter of complaint dated

0 p. 3 27.

December 11, p. 3 2018 in the matter, Wellman Ally, Lisa A. advs. ADO - #18-

public censure for violations of Rules 1.1, 1.3, 1.4 and 8.4(a) on

4. Ms. Wellman-Ally has a prior disciplinary history. She was issued a p. 4 3

transports on Friday and your client transports on Sunday or agree to a

transportation, would your client agree to either switch-my client

14. On June 2, 2019, Ms. Wellman-Ally emailed Mr. Dowd stating: "For

haha!"

it getting copies of all incidents! Dated & itemized! You'll be proud

For some reason I thought today was the 4th so I took the day off & spent

1 p. 4 3. On May 30, 2019, Ms. Goncalves emailed Ms. Wellman-Ally stating: "Lol

express her disagreement with the plan's summer schedule.

12. At some time thereafter, Ms. Goncalves called Ms. Wellman-Ally to

Goncalves writing: "Look this over and we can discuss it?

11. On that same day, Ms. Wellman-Ally forwarded Mr. Kelly's email to Ms.

the Court. parenting plan, and I will get my client to sign and submit to acceptable, let me know, you and your client can sign the transportation provision to the trial court. If this is settlement of the matter, leaving solely the issue of client has authorized me to extend the following as a partial with the exception of the transportation provisions. My I have attempted to write up provisions of our discussions

an agreement on exchanges/transportation. It seemed we got far last week, but then we could not reach

This email is for settlement purposes only.

wrote to Ms. Wellman-Ally stating:

10. On May 20, 2019, Mr. Bolton's attorney, Kelly E. Dowd ("Mr. Dowd")

scheduled for June 4, 2019.

"Case did not settle; court to schedule next hearing." A hearing was

9. On that same day, the mediator filed a report with the Court stating: p. 5 4

The plan is being circulated for signature. 1. The parties have reached an agreed-upon parenting plan.

19. The Motion to Continue stated in relevant part:

continue."

so, I assent." Ms. Wellman-Ally responded: "I filed a motion to

that its settled. I think you will have to file a motion to continue, and if

to tell them it's settled[?]" Mr. Dowd replied: "Please advise the Court

"Couldn't tell if my response went through. I'm at court, do you want me

18. Ms. Wellman-Ally replied to Mr. Dowd's email at 12:58 p.m. stating:

issues."

email to Ms. Goncalves at 10:12 a.m. stating: "This should resolve all

17. After receiving Mr. Dowd's response, Ms. Wellman.-Ally forwarded the

signature by you and your client. Rusty's signature tomorrow and drop it at your office for the Court that we have settled, and I can probably get If this is agreeable to your client, let me know. I can notify I believe the following comports with your suggestion below.

suggestion in her June 2nd email stating:

16. On June 3, 2019 at 10:08 a.m., Mr. Dowd replied to Ms. Wellman-Ally's

about you transport on Friday and he transport on Sunday? parenting plan. The only issue is the transportation, what because it addresses all of the issues that you had about the talked about in mediation. I think that it will work for you I have looked over the parenting plan based upon what we

3, 2019 at 8:53 a.m. writing:

15. Ms. Wellman-Ally replied to Ms. Goncalves' May 30, 2019 email on June

ok."

half way meeting point both times. The rest of the parenting plan was p. 6 5

Court. The existing parenting plan remains in effect." Ms. Goncalves

parenting plan yet, it has not been fully executed nor approved by the

2 p. 6 5. Ms. Wellman-Ally replied Ms. Goncalves stating: "You do not have a new

there was a new parenting plan.

24. On June 4, 2019, Ms. Goncalves sent an email asking about whether

delivered to Ms. Wellman-Ally's office that day.

23. Mr. Bolton signed the parenting plan on June 4, 2019 and it was

the continuance of the hearing, not Ms. Wellman-Ally.

22. Ms. Goncalves assumed that it was the opposing party that requested

too far just for him to back out now! really appreciate your support & sanity but this shit's gone a joke & I'm not putting another ounce of energy into this! I already spent! $7 p. 6 50.00 he owes us! You can keep it! This is parenting proposal until he reimburses 1/2 of what I've requested extra time! I'm not even going to consider his single text message to show from either party where he Burton Bolton extra time & he refused! There is not one I have at least 2 text messages printed out where I offered

21. Ms. Goncalves responded the following day:

we are going to have an agreement."

Goncalves writing: "We have cancelled court tomorrow in the hopes that

within the next few days." That evening, Ms. Wellman-Ally emailed Ms.

11am hearing has been continued. I will send new hearing notices out

20. A court assistant emailed the parties at 3:19 p.m. stating: "Tomorrow's

continued. 3. The parties and counsel request that the hearing be plan. 2. The parties request two weeks to submit the parenting p. 7 6

Request for Attorney's Fees (the "Motion") against Ms. Goncalves. The

30. On July 12, 2019, Mr. Dowd filed a Motion to Enforce Agreement and

after that in Keene? the same page. I have court at 1:30 so could you meet me disagreement. I would like to do it in person so we are on over the parenting plan together and discuss the areas of Can you meet with me on Monday afternoon so we can go

29. On June 21, 2019, Ms. Wellman-Ally emailed Ms. Goncalves stating:

parenting plan.

Wellman-Ally advised that Ms. Goncalves was not willing to sign the

28. In subsequent discussions between Mr. Dowd and Ms. Wellman-Ally, Ms.

summer and vacation week in a civilized manner. submitted to the Court, and about dealing with the weeks in has signed the parenting plan, and whether it has been I am asking for a status update on whether you [sic] client based on that impression. had completely settled, and we took the matter off the docket Based on our communications, I understood that the case going to sign anything, etc. etc. . . . up vacation time in advance. Haley indicates she is not weeks coincide with soccer camp in Keene, and also to set attempting to coordinate the summer weeks so that Haley's I am confused. My client communicated with Haley

27. On that same day, Mr. Dowd responded:

meet with her in person to try to get her back on track."

has had a change of mind about it. I am working with her and need to

"My client has not yet signed the new parenting plan, it appears that she

2 p. 7 6. On June 10, 2019, Ms. Wellman-Ally informed Mr. Dowd via email that

and pick up and drop offs for Friday games.

and Ms. Wellman-Ally then exchanged emails regarding summer camp p. 8 7

was being circulated for signature. parties had reached an agreed-upon parenting plan which continue a scheduled final hearing representing that the Counsel for the petitioner filed an assented to motion to settlement. suggest that counsel was not authorized to enter into the counsel and opposing counsel. There is no evidence to and aware of the communications taking place between her negotiations, and that the petitioner was aware of the issues, Here, the Court finds that the parties had been engaged in

34. The Court found in relevant part:

dispute the emails that were quoted in the Motion.

for attorneys' fees. The Court Order noted that Ms. Wellman-Ally did not

without the approval of the GAL. The Court denied Mr. Bolton's request

approved the Parenting Plan without Ms. Goncalves's signature and

33. By Order dated September 12, 2019, the Court granted the Motion and

to continue.

Ms. Goncalves learned that it was Ms. Wellman-Ally that filed the motion

32. On September 5, 2019, at the hearing on Mr. Bolton's Motion to Enforce,

hearing be scheduled in the matter.

elected not to proceed with the settlement." She further requested that a

acceptable nor in the best interest of [minor child]. As such, she has

parenting plan, the Petitioner no longer believes that the terms are

stating in relevant part, "Upon reviewing the final version of the

31. On July 15, 2019, Ms. Wellman-Ally filed a "Motion to Schedule Hearing"

Wellman-Ally as set forth above.

Motion outlined the communications between Mr. Dowd and Ms. p. 9 8

on the weekend transportation issue before filing the Motion to Continue. the terms of the mediation including aspects of the summer schedule and the proposal 1 Ms. Wellman-Ally did not confirm with her client that she was still in agreement with

had been agreed upon in mediation, that may be a basis to misunderstood that you were not in agreement with what execution so that a hearing was not necessary. If I somehow acceptable to you and that it only needed to be circulated for upon at mediation, thus it was my belief that it was trip. The parenting plan reflected what had been agreed I will get your file copied. I can send it to you to save you the

39. Ms. Wellman-Ally responded in relevant part:

copy of her file.

Ms. Wellman-Ally had chosen to cancel the hearing and requesting a

3 p. 9 8. On December 8, 2019, Ms. Goncalves sent an email inquiring about why

favor that had been the subject of past disputes.

explaining that the new parenting plan addressed some issues in her

37. On October 22, 2019, Ms. Wellman-Ally wrote to Ms. Goncalves

36. The Supreme Court declined to accept the appeal.

parenting plan effective without approval of the GAL. signed the parenting plan and has rejected its terms. 2. Is a a modification of a parenting plan when said party has not 1: Whether an attorney has the authority to bind a parent to

appeal were:

respect to the Court's September 12, 2019 decision. The issues for

Discretionary Appeal with the New Hampshire Supreme Court with

35. Ms. Goncalves and Ms. Wellman-Ally decided to file a Rule 7 Notice of

the law, as reflected in the cases cited above, seeks to deter.' her agreement. It is exactly this type of circumstance which petitioner essentially changed her mind, and seeks to retract on behalf of her client, for which she was authorized, the The Court fmds that subsequent to reaching an agreement p. 10 9

to change the parenting schedule.

resulting report were prepared for use by the Court as part of a request

was caused by Mr. Jordan's own actions. The evaluation and the

of the relationship was caused by parental alienation by Ms. Scherlin, or

46. The purpose of the evaluation was to determine whether the deterioration

evaluation, conducted by Dr. Benjamin Garber.

their children participated in and completed a child-centered family

45. Pursuant to a November 13, 2018 order of the Court, the parties and

no further relationship with Mr. Jordan.

44. In 2017, the children expressed strong feelings that they wanted to have

involved Mr. Jordan's relationship with his children.

were numerous post-divorce proceedings. Many of the proceedings

43. The couple originally divorced on October 23, 2010. Thereafter, there

alleges that Ms. Wellman-Ally did not comply with a Court order.

("Mr. Jordan"). Ms. Wellman-Ally represented Mr. Jordan. Mr. Parent

("Ms. Scherlin") in post-divorce proceedings against Nino M. Jordan, Jr.

Parent, Esq. ("Mr. Parent"). Mr. Parent represented Amanda J. Scherlin

42. This matter arises from a June 2 p. 10 9, 2020 referral filed by Theodore H.

41. At this time, the parenting plan remains in effect.

40. Ms. Goncalves subsequently retained other counsel.

know. attorney, I can also forward you [sic] file to them, just let me seek to modify the parenting plan. If you have a new p. 11 10

49. The Court granted the Assented to Motion on March 8, 2019.

and just. D. Grant such other and further relief as may be equitable working copies remain in counsel's control. preparing for hearing, and the like, provided that those "working copy" for the purpose of making notes, further copies. However, counsel is authorized to make a C. Order counsel to not disseminate the report, nor to make report only in counsel's office. respective offices. Their respective clients may review the B. Order counsel not to release the reports outside of their report, under seal, to the Court. approximately the same time as he delivers a copy of his not electronically) to counsel for both parties at A. Order that Dr. Garber shall provide copies by mail (and Honorable Court: Wherefore Amanda Scherlin respectfully requests that the to this Motion. 5. Lisa Wellman-Ally, attorney for Nino Mr. Jordan, Jr. assents the report in order to prepare for hearing. 4. However, obviously both parties are going to need copies of under seal directly to the Court. 3. The Court's order requires Dr. Garber's report to delivered is in the process of preparing his report. 2. Dr. Garber has spoken with the parties, their children, and this matter. 1. The Court has ordered Dr. Benjamin Garber to do a report in

follows:

to Motion Re: Dr. Garber's Report. The Assented to Motion stated as

48. On February 28, 2019, Ms. Scherlin, through counsel, filed an Assented

the parties' children.

addressing many private matters about Ms. Scherlin, Mr. Jordan, and

47. Dr. Garber's evaluation resulted in a lengthy and detailed 72-page report p. 12 11

down the matter.

counselor. Two family counselors were engaged but eventually turned

a copy of Dr. Garber's report once he or she was engaged as the

counselor. The family counselor would also have been entitled to receive

53. The Court's orders also required the parties to meet with a family

counselor to get the report she was entitled to, sooner rather than later.

explained that at the time it seemed like an efficient method for the

deliver to his individual counselor in Keene. Ms. Wellman-Ally has

Garber's report into an envelope for Mr. Jordan to pick up and hand-

52. On the day of the appointment, Ms. Wellman-Ally placed a copy of Dr.

Claremont, New Hampshire.

works in Walpole, New Hampshire and Ms. Wellman-Ally's office is in

although per the Court's orders, she was entitled to a copy. Mr. Jordan

Hampshire and had not yet received a copy of Dr. Garber's report

individual counselor. The counselor was located in Keene, New

51. At some time thereafter, Mr. Jordan had an appointment with his

of Dr. Garber's report should be made or disseminated. Scherlin shall communicate to the therapists that no copies Jordan and the minor children. Mr. Jordan and Ms. engaged for the purpose of providing family therapy to Mr. individual therapist and to the family therapist who is Dr. Garber's complete report may be released to Mr. Jordan's

specifically ordered, in relevant part, as follows:

to Suspend and Modify Parenting Time. In that Order, the Court

Respondent's Petition to Change Court Order; Petitioner's Cross-Motion

50. On April 29, 2019, the Court issued a Further Temporary Decree on p. 13 12

has been continued and has not yet been rescheduled.

58. A hearing on the issue was originally scheduled for October 23, 2020 but

Ally filed an Objection to Motion for Contempt.

gave Mr. Jordan as copy of the report. On April 15, 2020, Ms. Wellman-

Wellman-Ally will be called a witness to inquire as to whether or not, she

incident. In the Motion for Contempt, Ms. Scherlin asserts that Ms.

Contempt and Request for Evidentiary Hearing arising out of the

57. On April 9, 2020, Mr. Parent, on his client's behalf, filed a Motion for

invasion of her privacy and that of her

report either electronically or in paper. Ms. Scherlin views this as an

cannot be assured that Mr. Jordan does not still have a copy of the

report. However, Ms. Scherlin was extremely upset by the situation and

56. At this time, Mr. Jordan claims that he has deleted his copy of the

counselor.

hard copy of the report for Mr. Jordan to deliver to his individual

stated that she did not know but then explained that she had given a

Mr. Jordan had obtained a copy of the report. Ms. Wellman-Ally initially

55. Mr. Parent called Ms. Wellman-Ally about the matter and inquired how

electronic copy of the report from "Nino's Dropbox."

their conversation, Mr. Esposito indicated that he had received an

Ms. Scherlin expressing some interest in taking on the matter. During

("Mr. Esposito"), about handling the matter. Ms. Esposito then contacted

54. Mr. Jordan contacted a third potential family counselor, James Esposito p. 14 13

transportation issue, and to obtain express approval from her client

65. Ms. Wellman-Ally failed to consult with her client regarding the weekend

entering into a settlement agreement.

64. Ms. Wellman-Ally had a duty to seek her client's authorization prior to

carry out the representation. such action on behalf of the client as is impliedly authorized to the means by which they are to be pursued. A lawyer may take and, as required by Rule 1.4, shall consult with the client as to client's decisions concerning the objectives of representation, (a) Subject to paragraphs (c), (d), and (e), a lawyer shall abide by a

63. Rule 1.2, in relevant part, states as follows:

62. The facts set forth at igig 1-60 above are incorporated by reference.

follows:

violations of the New Hampshire Rules of Professional Conduct, as

61. The parties agree that Ms. Wellman-Ally's conduct in this case involves

report, if he was provided with a copy.

that Mr. Jordan would have the opportunity to copy or even alter the

the Court had ordered otherwise and there was a foreseeable potential

with a copy of the report to provide to his individual counselor because

60. Ms. Wellman-Ally agrees that she should not have provided Mr. Jordan

represent him.

59. Mr. Jordan has since retained other counsel, James Steiner, Esq., to p. 15 14

confirm that her client was still in agreement with the parenting plan as

acceptable to her before she suggested it to opposing counsel and did not

proposed resolution of the weekend transportation issue would be

70. Ms. Wellman-Ally did not confirm with her client that Ms. Wellman-Ally's

69. Ms. Wellman-Ally had a duty to communicate with her client.

representation. client to make informed decisions regarding the such explanation is reasonably necessary to permit the matter and alternative courses of action to the extent that (b) A lawyer shall explain the legal and practical aspects of a Professional Conduct or other law. client expects assistance not permitted by the Rules of the lawyer's conduct when the lawyer knows that the (5) consult with the client about any relevant limitation on information; and (4) promptly comply with reasonable requests for of the matter. (3) keep the client reasonably informed about the status which the client's objectives are to be accomplished; (2) reasonably consult with the client about the means by informed consent is required by these Rules; circumstance with respect to which the client's (1) promptly inform the client of any decision or (a) A lawyer shall:

68. Rule 1.4 states as follows:

67. The facts set forth at ¶¶ 1-60 above are incorporated by reference.

Wellman-Ally's conduct violates Rule 1.2(a).

66. The parties agree that there is clear and convincing evidence that Ms.

parenting plan

regarding the weekend transportation issue and the final terms of the p. 16 15

A lawyer shall not:

73. Rule 3.4 states as follows:

72. The facts set forth at 11 1-60 above are incorporated by reference.

Rule 3.4: Fairness to Opposing Party and Counsel

Wellman's Ally's conduct violates Rule 1.4.

71. The parties agree that there is clear and convincing evidence that Ms.

hearing.

discussed at the mediation before she requested the continuance of the p. 17 16

(2005).

the severity of the misconduct." Coffey's Case, 152 N.H. 503, 513

Case, 158 N.H. 299, 303 (2009). "The sanction...must take into account

legal profession, and preventing similar conduct in the future." Conner's

maintaining public confidence in the bar, preserving the integrity of the

80. The purpose of the Court's disciplinary power is "protecting the public,

Imposing Lawyer Sanctions (2005) ("Standards") support this sanction.

79. Both case law and the American Bar Association's Standards for

This sanction would serve the purposes of attorney discipline.

stayed six-month suspension is the appropriate sanction in this matter.

78. The Attorney Discipline Office and Ms. Wellman-Ally jointly agree that a

described herein, violated N.H. R. Prof. Conduct 8.4(a).

clear and convincing evidence that Ms. Wellman-Ally's conduct, as

77. The parties agree that as a result of the foregoing violations, there is

Wellman-Ally's failure to comply with the Court order violates Rule 3.4(c).

76. The parties agree that there is clear and convincing evidence that Ms.

a copy of Dr. Garber's report to provide to his individual counselor.

75. Ms. Wellman-Ally violated that duty when she provided Mr. Jordan with

74. Ms. Wellman-Ally had a duty to comply with orders of the Court.

system to comply with the Court's orders. See Standards §§ 4.4 and 6.2.

matter. In the Jordan matter, Ms. Wellman-Ally owed a duty to the legal

her and consult with her before making any final decisions on her

Wellman-Ally owed a duty of diligence to her client to communicate with

83. Under the first prong of the analysis, in the Goncalves matter, Ms.

mitigating factors on the ultimate sanction").

sanction, [the Court] consider[s] the effect of any aggravating or

affect the baseline sanction. See id. (stating that "[a]fter determining the

existence of any aggravating or mitigating factors, and whether they

the Court then looks to the fourth and final part of the analysis: the

the appropriate sanction"). Once the baseline sanction is determined,

the first step is to categorize the respondent's misconduct and identify

Conner's Case, 158 N.H. at 303 (stating that "[i]n applying these factors,

characterizing the misconduct and determining a baseline sanction. See

82. The first three parts of the analysis create the framework for

613, 621 (2007)); Standards § 3.0.

aggravating or mitigating factors." Id. (quoting Douglas' Case, 156 N.H.

injury caused by the lawyer's misconduct; and (d) the existence of

duty violated; (b) the lawyer's mental state; (c) the potential or actual

four part analysis for courts to consider in imposing sanctions: "(a) the

guidance. Conner's Case, 158 N.H. at 303. The Standards set forth a

81. Although the Court has not adopted the Standards, it looks to them for p. 19 18

Mr. Jordan with a copy of the report. Additionally, there was a potential

privacy rights and that of her children when Ms. Wellman-Ally provided

87. In the Jordan matter, Ms. Wellman-Ally caused injury to Ms. Scherlin's

matter.

evaluation. Ms. Goncalves lost her opportunity for a hearing on the

view was not considered. Ms. Goncalves had paid to obtain the GAL's

parenting plan that she did not entirely agree with and the GAL's point of

potential injury because Ms. Goncalves is required to abide by a

86. In the Goncalves matter, Ms. Wellman-Ally's conduct caused injury and

actual or potential injury caused by Ms. Wellman-Ally's misconduct.

85. The third prong of the sanction analysis requires an assessment of the

report. Her mental state was knowing.

had assented to a Motion with respect to dissemination of Dr. Garber's

Jordan matter, Ms. Wellman-Ally was well-aware of the Court's order and

assent to the proposal and the terms of the parenting plan. In the

acted negligently when she failed to clearly confirm Ms. Goncalves'

reasonable and one that Ms. Goncalves would be able to agree to. She

number of issues with her. She believed that her proposal was

on Ms. Goncalves' case for a number of years and had worked through a

Jordan matter. In the Goncalves matter, Ms. Wellman-Ally had worked

mental state was negligent in Goncalves matter and knowing in the

of the sanction analysis, the parties agree that Ms. Wellman-Ally's

84. With respect to Ms. Wellman-Ally's mental state under the second prong p. 20 19

analogous to a public censure in New Hampshire. in New Hampshire. The term "reprimand," as used in the ABA Standards, is 2 The term "admonition," as used in the ABA Standards, is analogous to a reprimand

injury or potential injury to a client. reasonable diligence in representing a client, and causes when a lawyer is negligent and does not act with 4.43 Reprimand 2 [public censure] is generally appropriate injury or potential injury to a client. (b) a lawyer engages in a pattern of neglect and causes and causes injury or potential injury to a client, or (a) a lawyer knowingly fails to perform services for a client 4.42 Suspension is generally appropriate when: injury to a client. client matters and causes serious or potentially serious (c) a lawyer engages in a pattern of neglect with respect to client; or and causes serious or potentially serious injury to a (b) a lawyer knowingly fails to perform services for a client potentially serious injury to a client; or (a) a lawyer abandons the practice and causes serious or 4.41 Disbarment is generally appropriate when: reasonable diligence and promptness in representing a client: generally appropriate in cases involving a failure to act with of the factors set out in Standard 3.0, the following sanctions are Absent aggravating or mitigating circumstances, upon application

the Standards. That Section provides:

89. Ms. Wellman-Ally's Rule 1.2 and 1.4 violations implicate Section 4.4 of

matter. See Standards §§ 4.43 and 6.22.

censure for the Goncalves matter and a suspension for the Jordan

88. The parties agree that the baseline sanction in this matter is a public

way.

receive the report, could have received a report that was altered in some

injury that Mr. Esposito, who had not yet been approved by the Court to p. 21 20

(emphasis added). actual or potential interference with a legal proceeding. actual or potential injury to a party, or causes little or no complying with a court order or rule, and causes little or no lawyer engages in an isolated instance of negligence in 6.24 Admonition [reprimand] is generally appropriate when a legal proceeding. party, or causes interference or potential interference with a and causes injury or potential injury to a client or other lawyer negligently fails to comply with a court order or rule, 6.23 Reprimand [public censure] is generally appropriate when a proceeding. causes interference or potential interference with a legal causes injury or potential injury to a client or a party, or that he or she is violating a court order or rule, and 6.22 Suspension is generally appropriate when a lawyer knows proceeding. causes serious or potentially serious interference with a legal serious injury or potentially serious injury to a party or obtain a benefit for the lawyer or another, and causes knowingly violates a court order or rule with the intent to 6.21 Disbarment is generally appropriate when a lawyer based on an assertion that no valid obligation exists: obligation under the rules of a tribunal except for an open refusal litigation or bring a meritorious claim, or failure to obey any generally appropriate in cases involving failure to expedite of the factors set out in Standard 3.0, the following sanctions are Absent aggravating or mitigating circumstances, upon application

Standards. That Section provides:

91. Ms. Wellman-Ally's Rule 3.4(c) violation implicates Section 6.2 of the

Standard 4.44, would call for a baseline sanction of a public censure.

90. Ms. Wellman-Ally's conduct in this matter, when considered under

(emphasis added). actual or potential injury to a client. diligence in representing a client, and causes little or no lawyer is negligent and does not act with reasonable 4.43 Admonition [reprimand] is generally appropriate when a p. 22 21

consideration of aggravating and mitigating circumstances, a six-month

97. As such, the parties agree that given the baseline sanction, and

Wellman-Ally can address these issues.

parties agree that a period of monitoring is appropriate so that Ms.

matters occurred in approximately the same 2019 time-frame, the

her office. Given that the incidents that gave rise to both of those

as a result of a lack of diligence on her part due to a lack of staffing in

96. Ms. Wellman-Ally has explained that both matters to some degree were

proceedings and remorse. See Standards § 9.32.

full and free disclosure to the ADO and a cooperative attitude toward

95. Mitigating factors include: the absence of a dishonest or selfish motive,

sentencing prior to providing information to her client about the issue.

failure carefully review the terms of her client's guilty plea and

December 11, 2018 for violations of Rules 1.1, 1.3, 1.4 and 8.4(a) for her

advs. ADO - #18-027, Ms. Wellman-Ally was issued a public censure on

of law. See Standards § 9.22. In the matter of Wellman-Ally, Lisa A.

prior disciplinary history and her substantial experience in the practice

94. In this case there are two aggravating factors present: Ms. Wellman-Ally

mitigating factors. E.g., Conner's Case, 158 N.H. at 303.

93. The baseline sanction must be considered in light of any aggravating and

Standard 6.22, would call for a baseline sanction of suspension.

92. Ms. Wellman-Ally's conduct in this matter, when considered under p. 23 22

invoice from the PCC.

form of payment plan with the PCC within 60 days of receiving an

prosecution, and if unable to pay in lump sum, shall agree to some

Conduct Committee in connection with this investigation and

b. Respondent shall pay the expenses incurred by the Professional

Counsel by Ms. Wellman-Ally.

The quarterly reports shall be submitted directly to Disciplinary

implementation of those improvements to the ADO for approval.

load. She will provide detailed information regarding the

Wellman-Ally is taking to manage her staffing issues and her case

the ADO. The reports shall set forth in detail the steps Ms.

thereafter at quarterly intervals/deadlines thereafter as set forth by

Committee accepts the Stipulation, and subsequent reports

within 60 days of the date that the Professional Conduct

reports, with the first report to be provided to Disciplinary Counsel

a. Respondent shall supply Disciplinary Counsel with quarterly

accepts this Stipulation:

year, which shall begin on the date the Professional Conduct Committee

98. Ms. Wellman-Ally agrees to comply with the following conditions for one

For Alleged Violation of Conditions

D. Conditions of Imposed Discipline and Procedures

an appropriate sanction in this case.

suspension, stayed for one year, serves the purposes of discipline and is p. 24 23

condition of the Stipulation has been violated, the Stipulation shall

six-month suspension. If the Hearing Panel determines that no

the Panel shall report the same and the Committee may impose a

(c) If a Hearing Panel determines that a condition has been violated,

condition listed in Paragraph 98 has been violated.

Counsel to demonstrate by a preponderance of evidence that a

During such hearing, it shall be the burden of Disciplinary

condition under Paragraph 98 of this Stipulation has been violated.

Panel may be appointed to decide the sole issue of whether a

remand the matter to the Hearings Committee so that a Hearing

(b) Respondent may request that the Professional Conduct Committee

Stipulation shall continue in force and effect pursuant to its terms.

that no condition of this Stipulation has been violated, the

and impose a six-month suspension. If the Committee determines

that a condition has been violated, the Committee may lift the stay

enumerated at Paragraph 98 have been violated. If it determines

Committee may determine whether any of the conditions

(a) Upon motion by Disciplinary Counsel, the Professional Conduct

enumerated at Paragraph 98 above, the following shall apply:

99. If it is alleged that Ms. Wellman-Ally violated any of the conditions

one year period.

c. Respondent will engage in no professional misconduct during the p. 25 24

during the one year period of stay.

grievance or referral involving conduct of Respondent occurring

(e) Nothing herein shall be construed to limit prosecution of any new

and enforcement of the terms and conditions of this Stipulation.

(d) The Respondent shall bear all costs associated with compliance

provisions while the subsequent proceeding is pending.

Wellman-Ally will not have to continue to comply with those

(c) If the conditions of Paragraph 98(a)-(b) have been met, Ms.

matter underlying this Stipulation shall not be closed.

(b) Pending the final resolution of the subsequent proceeding, the

one-year period of the stay.

subsequent proceeding, even if such finding occurs beyond the

imposed at such time as there is a finding of misconduct in the

the stay can be lifted and the six-month suspension may be

misconduct occurred, at least in part, during the one-year period,

of the stay ("the subsequent proceeding"), and the alleged

(a) So long as a grievance or referral is filed within the one-year period

98(c), the following shall apply:

one-year period of the stay, thus implicating the condition at Paragraph

100. If a new grievance or referral is filed against Ms. Wellman-Ally during the

review the decision of the Hearing Panel.

continue in force and effect pursuant to its terms. The PCC shall p. 26 25

consequences of the Stipulation.

regarding this Stipulation and, that she is fully aware of the

104. Ms. Wellman-Ally understands that she has a right to obtain counsel

promises or inducements not set forth in the Stipulation

Stipulation as a result of any threats, coercion, or duress, or of any

knowingly, and voluntarily submitted; that she is not entering this

the proposed disposition contained in this Stipulation are freely,

103. Ms. Wellman-Ally acknowledges that the admissions of misconduct and

conditionally accept the Stipulation pursuant to Rule 37A(III)(aa)(1).

recommended disposition, and that the PCC may accept, reject, or

102. Ms. Wellman-Ally understands that this Stipulation represents a

is the subject of a separate agreement signed by Ms. Wellman-Ally.

Court Rule 37(19). Her agreement to pay the costs incurred by the ADO

investigation and enforcement of this disciplinary matter. See Supreme

Wellman-Ally agrees to pay the costs incurred by the ADO in the

101. Subject to the PCC's approval of Ms. Wellman-Ally's Stipulation, Ms.

information or documentation.

or referral, time being of the essence, along with supporting

Counsel within thirty (30) days of receipt of notice of the grievance

stay, Ms. Wellman-Ally shall provide written notice to Disciplinary

(f) If a grievance or referral is filed within the one-year period of the p. 27 26

hearing.

p. 28 105. Ms. Wellman-Ally knowingly and intelligently waives her right to a 1

4. The Respondent is familiar with the rules of the New Hampshire

other intimidating acts by any person or agency concerning this matter.

the Respondent affirms that she has been subjected to no coercion or

3. This Agreement is a product of the Respondent's personal decision, and

voluntarily, and understands the consequences of this Agreement.

2. The Respondent enters into this Agreement freely, intelligently and

proceedings.

to the jurisdiction of the New Hampshire Supreme Court in these

Court on October 28, 2002 (Bar number p. 28 15386). Respondent is subject

p. 28 1. The Respondent was admitted to the Bar of the New Hampshire Supreme

"Agreement"):

Office ("ADO"), hereby enter into the following Agreement (hereinafter

M. Murphy, Assistant Disciplinary Counsel, on behalf of the Attorney Discipline

Lisa A. Wellman-Ally, Esquire (hereinafter "Respondent") and Elizabeth

Wellman-Ally, Lisa A. advs. Attorney Discipline Office - #20-0 p. 28 13

Wellman-Ally, Lisa A. advs. Attorney Discipline Office - #20-003

evidentiary hearing, Disciplinary Counsel would bear the burden of

Disciplinary Counsel. The Respondent understands that at such

evidence, call witnesses, and cross-examine the witnesses presented by

Respondent would have the right to be represented by counsel, present

complete evidentiary hearing in this matter. At any such hearing,

9. The Respondent acknowledges that she has the right to a full and

proceedings.

Sanction shall be deemed true in any subsequent disciplinary

Violations contained in the Stipulation as to Facts, Rule Violations and

this Agreement, the factual admissions and admissions of Rule

8. Respondent agrees that, in the event she fails to comply with the terms of

Facts, Rule Violations and Sanction.

7. As part of this Agreement, Respondent shall sign the Stipulation as to

and Fairness to Opposing Party and Counsel.

1.4 and 3.4(c) pertaining to Scope of Representation, Communication

Respondent engaged in professional misconduct by violating rules 1. p. 29 2(a),

6. The underlying complaint in this matter involves allegations that

37(3)(c)(3) and Rule 37A(d)( p. 29 2)(D)(ii).

Professional Conduct Committee ("PCC") and, is in accordance with Rule

5. Respondent understands that this Agreement, subject to approval by the

attorneys and with her rights under those rules. N.H. Sup. Ct. R. 37 and

Supreme Court ("Court") regarding the procedures for discipline of p. 30 3

at paragraph 11 above, the following shall apply:

12. If it is alleged that Respondent violated any of the conditions enumerated

professional misconduct.

the Agreement, Respondent shall not engage in any further

C. For a period of one year, beginning on the date the Court approves

prosecution of this matter.

Conduct Committee in connection with this investigation and

B. Respondent shall pay the expenses incurred by the Professional

those improvements to the ADO for approval.

will provide detailed information regarding the implementation of

Ally is taking to manage her staffing issues and her case load. She

quarterly reports which set forth in detail the steps Ms. Wellman-

A. Respondent shall provide Disciplinary Counsel with written

Agreement to Mandatory Conditions:

herein, beginning on the date that the PCC approves the Stipulation and

one year, or as long as it takes to complete the conditions set forth

11. Respondent agrees to the following terms and conditions for a period of

shall be terminated.

comply with any term or condition of this Agreement, the Agreement

10. Respondent understands and agrees that, in the event she fails to

hearing, the Respondent waives that right.

Nonetheless, having full knowledge of her right to such evidentiary

proving each material allegation of fact by clear and convincing evidence. p. 31 4

11(c), the following shall apply:

year period of monitoring, thus implicating the condition at Paragraph

13. If a new grievance or referral is filed against Respondent during the one-

Hearing Panel.

pursuant to its terms. The PCC shall review the decision of the

been violated, the Stipulation shall continue in force and effect

Hearing Panel determines that no condition of the Stipulation has

Panel may recommend imposition of a six-month suspension. If the

C. If a Hearing Panel determines that a condition has been violated, the

paragraph 11 has been violated.

demonstrate by a preponderance of evidence that a condition listed in

such hearing, it shall be the burden of Disciplinary Counsel to

under paragraph 11 of this Agreement has been violated. During

may be appointed to decide the sole issue of whether a condition

remand the matter to the Hearings Committee so that a Hearing Panel

B. Respondent may request that the Professional Conduct Committee

Stipulation shall continue in force and effect pursuant to its terms.

determines that no condition of this Stipulation has been violated, the

may lift the stay and impose a six-month suspension. If the PCC

violated. If it determines that a condition has been violated, the PCC

whether any of the conditions enumerated at paragraph 11 have been

A. Upon motion by Disciplinary Counsel, the Court may determine p. 32 5

proceeding.

considered "previous discipline" for purposes of the subsequent

the misconduct admitted as part of this Agreement shall be

(whether by stipulation or after a hearing by a Hearing Panel), then

F. If there is a finding of misconduct in the subsequent proceeding

enforcement of the terms and conditions of this Agreement.

Respondent shall bear all costs associated with compliance and

E. Pursuant to New Hampshire Supreme Court Rule 37(19), the

Hearings Committee.

by stipulation of the parties or before a panel appointed by the

subsequent proceeding and to adjudicate it in a timely manner, either

D. The ADO agrees to expedite the processing and investigation of any

the subsequent proceeding is pending.

Ally will not have to continue to comply with those provisions while

C. If the conditions of paragraph 11(a)-(b) have been met, Ms. Wellman-

underlying this Stipulation shall not be closed.

B. Pending the final resolution of the subsequent proceeding, the matter

beyond the one-year time period referenced above.

misconduct in the subsequent proceeding, even if such finding occurs

lifted and the suspension imposed at such time as there is a finding of

occurred, at least in part, during the one-year period, the stay can be

monitoring ("the subsequent proceeding"), and the alleged misconduct

A. So long as a grievance or referral is filed within the one-year period of p. 33 6

Agreement.

understands and accepts all of the terms and conditions of this

1 p. 33 6. The Respondent acknowledges by signing this Agreement that she

imposed in this case.

forth in the Stipulation as to Facts, Rule Violations and Sanction shall be

discipline beyond the agreed upon sanction of a stayed suspension as set

paragraph 11, supra, the Court shall close this matter and no additional

Respondent has successfully complied with the conditions enumerated in

15. The parties agree that if the Attorney Discipline Office verifies that the

referenced one-year time period.

complaint involving conduct of Respondent occurring during the

14. Nothing herein shall be construed to limit prosecution of any new

admitted as part of this Agreement.

appropriate sanction under the ABA Standards for the conduct

suspension. Respondent agrees that a six-month suspension is an

in the subsequent proceeding, shall be a sanction of a six-month

G. In addition, Respondent agrees that such "previous discipline," if used bill, I will notify the Committee of the specific nature of the dispute in

p. 34 understand that the Committee will bill me for these costs. If I dispute the

4. Should further costs accrue in this disposition of these matters, I

invoice until the final disposition in these matters.

3. I am aware that the Professional Conduct Committee will not issue an

to the above amount.

these matters result in a sanction, there could be publication costs added

approximately $0.00, although this may increase. I understand that if

2. As of December 7, 2020, I have been informed that the costs are

transcripts, copying, inventory, audit expenses and publication. i Costs can include, but are not limited to: mileage, stenographers,

and enforcement of these disciplinary matters. See Sup. Ct. R. 37(19)(b).

agree to pay the expenses incurred by the Committee in the investigation

Stipulation of Facts, Rule Violations, and Sanction in the above matters, I

1. Subject to the Professional Conduct Committee's approval of the

Wellman-Ally, Lisa A. advs. Attorney Discipline Office - #20-013

Wellman-Ally, Lisa A. advs. Attorney Discipline Office - #20-003

Attorney Discipline Office's collection efforts.

8. I also agree to be responsible for all costs incurred as a result of the

enforcement remedies and procedures. See Sup. Ct. R. 37(19)(c).

judgment and shall be subject to all legally-available post-judgment

court in any county in the state, where it shall be docketed as a final

7. The Committee may file a copy of the final assessment with the superior

be enforced in any Superior Court in New Hampshire.

shall have the full force and effect of a civil judgment. As a result, it may

6. I understand and agree that the assessment of costs is deemed final and

formal demand for payment.

further detail of the nature and amount of each expense, and I also waive

5. I waive the provisions of Supreme Court Rule 37(19)(b) regarding any

upon its receipt.

I do not notify the Committee that I dispute the bill, payment will be due

Committee will consider the disputed item and issue a written decision. If

writing within thirty days of my receipt of the bill. I understand that the