Kyle A.H. McDonald (2023)

Christopher D. Hawkins, Esq u ire cc: Sara S. Greene, Disciplinary Counsel

Date: June 28, 2023 Stephanie C. Hausman

confidential materials. Committee requests that the parties file a redacted stipulation, redacting The Committee granted the Assented - To Motion for Protective Order. The

The Committee voted to grant the Agreement to Pay Costs.

with the mandatory conditions. set forth in the Stipulation, and to recommend a stayed one - year suspension Violations, and Sanction, based on the stipulated facts and rule violations as The Committee voted to approve the Stipulation as to the Facts,

Protective Order in the above matter. With Conditions; Agreement to Pay Co sts; and Assented - to Motion for Stipulation as to Facts, Violations, and Sanction: Stayed One - Y ear Suspension On June 20, 2023, the Professional Conduct Committee deliberated the

Recommendation: Stayed One Year Suspension With Mandatory

McDonald, Kyle A.H. advs. Attorney Discipline Office - #22 - 0 12/#22 - 018

Barbara J. Guay, Administrative Assistant Katheen M. Ames, Vice Chair Caroline K. Leonard, Esq., Vice Chair Stephanie C. Hausman, Esq., Chair

4. Mr. McDonald docs not. have a previous disciplinary history.

Suite 11, Concord, NH.

office as the Law Office of Kyle McDonald, Esq., PLLC, 2 Whitney Road,

3. At all times material to this proceeding, Mr. McDonald operated his law

jurisdiction.

2. Mr. McDonald has not been admitted to practice law in any other

Mr. McDonald was admitted to practice on May 15, 2015.

1. Mr. McDonald is an attorney licensed to practice law in New Hampshire.

(ADO) stipulate as follows:

Respondent Kyle A.H. McDonald, Esq., and the Attorney Discipline Office

McDonald, Kyle A.H. advs. Attorney Discipline Office - #22-018

McDonald, Kyle A.H. advs. Attorney Discipline Office - #22-012

not sign a fee agreement or a retainer letter.

10. Mr. McDonald took t.he case on a contingency basis. Ms. Needleman did

Superior Court (Case No. p. 3 217-2019-CV-00728).

9. On October p. 3 28, 2019, the matter was transfer red to Merrimack County

court on ,July p. 3 29, 2019.

negligence action against Capital Kitchen & Baths, Inc. in small claims

8. Mr . McDonald represented Kathy Needleman in a breach of contract and

Facts: Docket No. p. 3 22-012 (Needleman Representation)

treatment for his mental health.

1. J 5 and Supreme Court Rule 50), and has committed to a cour se of

(including detailed IOLTA records and client ledgers compliant with Rule

cooperated fully with the ADO, produced the requested information

Januar y p. 3 20, 2023. From that date and forward, however, he has

not responsive to multiple requests from information from the ADO until

7. In addition to failing to act diligently in those matters, Mr. McDonald was

client matters

6. As set forth further below, Mr. McDonald effectively abandoned these two

(Docket No. p. 3 22-018).

b. grievance of client William Eidtson dated December 13, p. 3 2022

(Docket No. p. 3 22-012); and

a. griev ance of client Kathy Needleman dated Sept.ember 16, p. 3 2022 p. 4 3

email on April 9, 2022. On April 22, 2022, Mr. McDonald emailed Ms.

18. Frustrated by his lack of response, Ms. Needleman requested her file via

2022.

called him many times, from the summer of 2021 through the spring of

Ms. Needleman. Ms. Needleman repeatedly emailed Mr. McDonald, and

17. After that time, Mr. McDonald essentially ceased communicating with

responses from the defendant.

16. On July 26, 2021, Mr. McDonald for arded to his client discovery w

counteroffer.

settlement to opposing counsel Ms. Gill, nor return to her with a

15. Mr. McDonald did not, however, convey his client's decision declining the

Needleman decided not to settle at that time.

conveying the offer of settlement from the defendant for $5,000. Ms.

spring of 2021. Mr. McDonald emailed his client on April 1, 2021,

14. The defendant made an offer of settlement to Ms. Needleman in the

responded to very few of these emails.

over 20 times from April 2020 through June of 2022. Mr. McDonald

1 p. 4 3. Ms. Needleman emailed Mr. McDonald for updates regarding her case

email, and in person visits to his law office.

Needleman attempted to reach Mr. McDonald repeatedly by phone,

12. Thereafter, in the 18 months following her retaining his services, Ms.

filed an answer on October 28, 2019.

11. Attorney Leslie Gill represented the defendant Capital Kitchen, which p. 5 4

27. Mr. McDonald did not attend the October 20, 2022, status conference.

2022.

Needleman therefore did not attend the status conference on October 20,

not receive notice directly from the Court of this status conference. Ms.

26. Because Mr. McDonald had not filed a withdrawal, Ms. Needleman did

25. Mr. McDonald did not inform his client of this status conference.

second status conference for October 20, 2022.

counsel of record, the Court issued a Notice of Hearing scheduling a

2 p. 5 4. Shortly thereafter, on September 21, 2019, while Mr. McDonald was still

file a withdrawal in the case.

your case. I will file my withdrawal tomorrow." Mr. McDonald did not

23. Mr. McDonald emailed Ms. Needleman "attached please find the file for

2022.

22. Mr. McDonald produced the file to Ms. Needleman on September 19,

21. On September 16, 2022, Ms. Needleman filed a grievance with the ADO.

and he did not attend it.

matter. Mr. McDonald did not inform his client of this status conference,

20. On June 29, 2022, a status conference was held in Ms. Needleman's

and June 2022 requesting her file. Mr. McDonald did not respond.

19. Ms. Needleman send three additional emails to Mr. McDonald in May

did not provide her file to her at this time.

Needleman, stating that her message had gone to his spam folder, but he p. 6 5

requesting an update on his matter and whether Mr. McDonald had

36. On March 7 and March 8, 2022, Mr. Eidtson emailed Mr. McDonald,

3 p. 6 5. On October 13, 2021, Mr. McDonald deposited the retainer into his

behalf of Mr. Eidtson.

34. On or around October 8, 2021, Mr. McDonald filed the complaint on

Eidtson's retainer.

33. Mr. Donlan wrote a check to Mr. McDonald for $4,280, representing Mr.

received a bill from Mr. McDonald.

receive a retainer letter concerning the representation. Mr. Eidtson never

32. Mr. Eidtson did not sign a fee agreement with Mr. McDonald and did not

firm which practices only family law.

Eidtson to Mr. McDonald after Mr. Donlan accepted a position at a new

31. Mr. Eidtson's former counsel, Attorney Samuel J. Donlan, referred Mr.

Docket No. 21 p. 6 5-2021-CV-00281.

car cleaning service. Eidtson v. TCSNH, LLC, Grafton Superior Court,

matter involving damage lo Mr. Eidtson's vehicle allegedly caused by a

30. Mr. McDonald represented William Eidtson in a breach of contract

Facts: Docket No. 22-018 (Eidtson Representation)

phone calls from opposing counsel.

29. Mr. McDonald was similarly non-responsive to numerous emails and

dismissed Ms. Needleman's matter.

28. By Order dated October 20, 2022, Superior Court Judge Brian T. Tucker p. 7 On March 8, 2022, Mr. McDonald responded via email. He never The March 8, 2022 email was the last communication Mr. Eidtson Mr. Eidtson called, emailed and texted Mr. McDonald in April, May and The deadline for propounding interrogatories and disclosing experts Mr. Eidtson discharged Mr. McDonald by email dated December 13, Mr. Sullivan requested the file and retainer from Mr. McDonald. Mr. McDonald did not return the retainer or produced the client file to

efforts by the ADO to reach Mr. McDonald, he returned the retainer to

successor counsel in a timely manner. However, following multiple

43.

42.

with new counsel Mark Sullivan, Esq.

2022, requesting a return of his $4,280 retainer so that he could proceed

41.

relating to the representation.

on behalf of his client, nor keep his client updated on these matters

client concerning discovery or expert issues, did not issue any discovery

passed on September 15, 2022. Mr. McDonald did not confer with his

40.

favorable witness.

November of 2022, requesting an update and information about the

39.

received from Mr. McDonald.

38.

“ case is moving forward” and that trial was set for March of 2023.

to Mr. Eidtson about the witness, but did inform Mr. Eidtson that the

provided an invoice or billing record to Mr. Eidtson. He did not respond

37.

time working on his matter.

reached out to a witness. He also requested summary of Mr. McDonald’s