Paul P. Nicolai (2021)

a committee of the attorney discipline system David M. Rothstein, Chair Heather E. Krans, Vice Chair Elaine Holden, * Vice Chair * non attorney member Barbara J. Guay, Legal Assistant In the Matter of Paul P. Nicolai, Esquire- LD-2021-007

In accordance with Supreme Court Rule 37(12), on October 20, 2021, the New Hampshire Supreme Court ruled that the above captioned reciprocal discipline matter from Connecticut Superior Court, Judicial District of Hart ford, a public censure subject to confirmation by the Connecticut disciplinary office that Mr. Nicolai complied with the terms of the Order. The Court remanded the matter to the Professional Conduct Committee (“the Committee”) for the issuance of a public censure. On March 7, 2020, Connecticut Disciplinary Counsel filed a Presentment of Attorney for Misconduct against Mr. Nicolai alleging that he violated Connecticut Practice Book §2-27(e) (Clients’ Funds; Lawyer Registration) and Connecticut Rule of Professional Conduct 8.1(2) (Bar Admission and Disciplinary Matters). Mr. Nicolai entered a Stipulation (attached) of the Parties, admit ting to violations of the above cited rules. A copy of the foregoing Connecticut Rules is attached. The Connecticut Superior Court accepted the Stipulation and entered an order publicly reprimanding Mr. Nicolai and imposing a requirement that he submit records of his IOLTA account for quarterly audit by the disciplinary authorities in Connecticut until the end of

2021. The results of the audit of Mr. Nicolai’s IOLTA account were deemed satisfactory by the Connecticut disciplinary authorities and discipline was imposed solely based upon Mr. Nicolai’s failure to cooperate with the initial efforts to audit the account. 4 Chenell Drive, Suite 102 www.nhattyreg.org (603) 224-5828 Concord, New Hampshire 03301 Fax (603) 228-9511

p. 2 Accordingly, the Committee issues a public censure to Paul P. Nicolai, Esquire, as reciprocal discipline based on the Connecticut Court’s Order dated April 8, 2021. The public censure is subject to confirmation by the Connecticut disciplinary office that Mr. Nicolai complied with the terms of the Order. The ADO is charged with the responsibility to ensure that those conditions are completed. November 4, 2021 /s/ David M. Rothstein David M. Rothstein Chair cc: Mark P. Cornell, Deputy General Counsel Paul P. Nicholai, Esquire

V. Nicolai, PAUL P. 4/8/2021

The foregoing, having been considered by the Court, is hereby: ORDER: The court finds that the provisions of Practice Book Sec. 2-82(d) have been satisfied and accepts the admission of misconduct and proposed disposition of this matter. Judicial Notice (J]DNO) was sent regarding this order.

431199 Judge: DAVID M SHERIDAN ‘This document may be signed or verified electronically and has the same validity and status as a document with a physical (pen-to-paper) signature. For more information, see Section 1.E. of the State of Connecticut Superior Court E-Services Procedures and Standards (https: //jud.ct. l/super/E-Services/s dards.pdf), section 51-193 c of the Connecticut General Statutes and Connecticut Practice Book Section 4-4. HHDCV 206126281 S 4/8/2021 Ldmen Hes. page] of |

PRESENTMENT OF ATTORNEY FOR RiISCONDUCT To the Superior Court within and for the Judicial District of Hart ford, now in session, comes now the Office of Chief Disciplinary Counsel, duly authorized and appointed pursuant to Practice Book § 2-34 A, and makes presentment to the Court that Paul P. Nicolai of Spring field, Massachusetts, has been guilty of misconduct involving his character, integrity, and professional standing and conduct, and complains and says:

1. Paul P. Nicolai, Juris # 421193 (hereinafter "the Respondent”) is an attorney duly admitted to the bar of the State of Connecticut on January 6, 2003.

2. The State wide Grievance Committee referred this matter to the Office of Chief Disciplinary Counsel pursuant to Practice Book § 2-27(e) and Rule 13 of the State wide Grievance Committee's Rules of Procedure. 3 On or about June 6, 2019, the Respondent's IOLTA account was selected for random audit. Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5063 Juris no. 422382

p. 5 4. The State wide Grievance Committee provided written notice to the Respondent that the audit would take place on June 17, 2018.

5. On or about June 18, 2019, the State wide Grievance Committee received bank statements, some client ledgers, and a general ledger without a running balance.

6. On July 18, 2019, after multiple failed attempts to contact the Respondent via telephone, the State wide Grievance Committee emailed the Respondent to advise him that additional information was needed in order to perform the audit; specifically, a reconciliation report including an outstanding check list, a trial balance, and a running balance on the general ledger. The Respondent did not respond to this email.

7. On July 28, 2019, the State wide Grievance Committee again emailed the Respondent.

8. On or about September 6, 2019, the State wide Grievance Committee received a fax from Elizabeth Nicolai (not the Respondent) with information regarding the random audit. Elizabeth Nicolai provided the requested reconciliations and the trial balance; however, these did not address the correct time frame. In addition, although Elizabeth Nicolai provided a general ledger, she did not include a running balance as requested. Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5663 Juris no. 422382

p. 6 9. On September 26, 2019, the State wide Grievance Committee emailed Elizabeth Nicolai and requested the reconciliation reports for the correct time frame as well as the general ledger with a running balance.

10. On September 26, 2019, Elizabeth Nicolai responded to the State wide Grievance Committee via email and advised that she had been in an accident and that she would provide the corrected reports as soon as possible.

11. On October 18, 2019, the State wide Grievance Committee emailed Elizabeth Nicolai and again requested the corrected reports since she had failed to submit them as promised. 12, Also on October 18, 2019, Elizabeth Nicolai emailed the bank statements, client ledgers, the trial balance, and the reconciliations to the State wide Grievance Committee. 13, Also on October 18, 2019; the State wide Grievance Committee responded to Elizabeth Nicolai's email and advised her of the following issues: a. that they still needed the trial balance for the correct audit period; b. that the general ledger still did not show a running balance; and ¢. that the bank reconciliation report showed numerous mistakes.

14. On October 21, 2019, Elizabeth Nicolai emailed the State wide Grievance Committee a corrected general ledger with a running balance. Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5063 Juris no. 422382

p. 7 15. On October 24, 2019, the State wide Grievance Committee emailed Elizabeth Nicolal and set forth in detail the numerous mistakes found on the general ledger. Notably, the trial balance report still had not been provided.

18. On October 24, 2018, Elizabeth Nicolai emalled the State wide Grievance Committee a corrected trial balance as well as explanations for the errors found on the general ledger.

17. On October 24, 2019, the State wide Grievance Committee performed a complete ‘audit and found the following issues: a. the general ledger was inaccurate; b. the reconciliation was inaccurate in that it showed a significant negative balance of $-26,934.67 and it contained over $7,000,000 in erroneous outstanding deposits; and ¢. the reconciliation revealed multiple stale client ledgers and outstanding checks.

18. On November 21, 2018, the State wide Grievance Committee sent a report card to the Respondent which set forth a list of directives. The Respondent falled to respond.

18. On January 7, 2020, the State wide Grievance Committee sent a certified letter to the Respondent which stated that the Respondent must comply with the required directives. The Respondent failed to respond to the letter. Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5063 Juris no. 422382

p. 8 20. On January 14, 2020, the State wide Grievance Committee sent a second certified letter to the Respondent which stated that the Respondent must comply with the required directives. The Respondent failed to respond to the letter.

21. The Respondent has failed to provide all of the requested information and/or documentation in order to resolve the outstanding issues, thereby preventing the State wide Grievance Committee from closing this audit. 22, Accordingly, the Respondent has failed and/or refused to cooperate with the audit in violation of Practice Book § 2-27(e). 23, Violations of any section under Practice Book § 2-27 constitute misconduct pursuant to Practice Book § 2-27(f).

24. The Respondent failed to provide the requested documentation to & disciplinary authority in violation of Rule 8.1(2) of the Rules of Professional Conduct. WHEREFORE, the Petitioner, Office of Chief Disciplinary Counsel, prays that such proceedings may be had on this complaint as is provided by law and the rules of the Court, that an appropriate order of discipline be issued against the Respondent, and that costs and expenses be taxed against the Respondent. Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5063 Juris no. 422382

p. 9 Dated at Hart ford, Connecticut, this 27™ day of March, 2020.

Michele D. Sensale Assistant Chief Disciplinary Counsel Office of Chief Disciplinary Counsel 100 Washington Street Hart ford, CT 06106 Phone (860) 706-5054 Fax (860) 706-7063 Juris No. 422382 Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5063 Juris no. 422382

SUMMONS To Any Proper Officer: By the authority of the State of Connecticut, you are hereby commanded to summon Paul P. Nicolai to appear before the Superior Court in and for the Judicial District of Hart ford, 85 Washington Street, Hart ford, CT 08108, Courtroom on the day of 2020 at o'clock AM/PM, then and there to answer unto the foregoing Presentment of Attorney for Misconduct, by serving the Respondent, Paul P. Nicolai, a true and attested copy of the Presentment of Attorney for Misconduct, Summons, and of the Order for Hearing and Notice to be served upon him at his office at Nicolai Law Group, PC, 1500 Main St., Suite 1914, Spring field, MA 01144-4006, or at his usual place of abode at 24 Venture Dr, Spring field, MA 01118, on or before the ____ day of , 2020. Hereof fail not, but due service and return make, Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5063 Juris no. 422382

p. 11 Dated at Hart ford, Connecticut, this day of

2020. Michele D. Sensale Commissioner of the Superior Court Office of Chief Disciplinary Counsel 100 Washington Street, Hart ford, CT 06106 Tel (860) 706-5055 * Fax (860) 706-5063 Juris no. 422382

The Office of Chief Disciplinary Counsel and the Respondent Paul P. Nicolai hereby stipulate and agree as follows:

1. Paul P. Nicolai, Juris # 421193 (hereinafter "the Respondent”) is an attorney duly admitted to the bar of the State of Connecticut on January 6, 2003.

2. The State wide Grievance Committee referred this matter to the Office of Chief Disciplinary Counsel pursuant to Practice Book § 2-27(e) and Rule 13 of the State wide Grievance Committee's Rules of Procedure.

3. On or about June 6, 2019, the Respondent's Community Bank, NA, IOLTA account *3861 was selected for random audit. 4, While the Respondent does not agres with all of the allegations of the presentment complaint, he admits that the initial response to the audit was not in compliance with the audit request, he did not initially take sufficient action to assure compliance with the audit, and that there Is sufficient evidence by which the Court could find a violation of Practice Book § 2-27(e).

p. 13 5. Violations of any section under Practice Book § 2-27 constitute misconduct pursuant to Practice Book § 2-27(f).

6. While the Respondent does not agree with all of the allegations of the presentment complaint, the Respondent admits that he did not initially provide the requested documentation to a disciplinary authority. in a timely fashion, and there is sufficient evidence by which the Court could find a violation of Rule 8.1(2) of the Rules of Professional Conduct.

7. The Respondent has since provided all requisite documentation and the audit of the Respondent's IOLTA account has been completed and Is satisfactory.

8. The Respondent and Disciplinary Counsel agree that the Respondent will be reprimanded [: The Respondent agrees to submit to an audit of his Community Bank, NA, [OLTA account *3861 on a quarterly basis, which will start from January 1, 2021, through and including December 31, 2021. For the quarter which runs from January 1, 2021, through March 31, 2021, the Respondent agrees to submit all audit documents by no later than April 20, 2021. For the quarter which runs from April 1, 2021, through June 30, 2021, the Respondent agrees to submit ell audit documents by no later than July 20, 2021. For the quarter which runs from July 1, 2021, through September 30, 2021, the Respondent agrees to submit all audit documents by no later than October 20, 2021. For the quarter which rune from

p. 14 October 1, 2021 through December 31, 2021, the Respondent agrees to submit all audit documents by no later than January 20, 2022. All documents will be sent to Attorney Frances Mickelson-Dera, State wide Grievance Committee.

10. The Respondent agrees that he will continue to retain the services of a bookkeeper for the period set forth in paragraph 8.

11. The Respondent understands that his failure to comply with all the terms of this agreement will result in further court proceedings. Office of Chief Disciplinary Counsel 3 [ 246 [= | ee Date ~~ By: [Michele D. Sensele Assistant Chief Disciplinary Gounsel 2/7/2 Cy Date Paul P. Nicolai Respondent I A Date Bros enger Jonclhom Gechfe, = Gounsel for the Respondent [

a committee of the attorney discipline system Stephanie C. Hausman, Chair Caroline K. Leonard, Vice Chair Kathleen M. Ames, * Vice Chair *non-attorney member Barbara J. Guay, Legal Assistant In the Matter of Paul P. Nicolai — LD-2021-0007 ORDER On November 4, 2021, the Committee issued as reciprocal discipline a Public Censure With Conditions. Deputy General Counsel has indicated that Attorney Nicolai has satisfied the terms and conditions set forth in the Connecticut decision. Based on these representations, the matter is closed. March 1, 2022 /s/ Caroline K. Leonard Caroline K. Leonard Vice Chair