Robert E. McDaniel (2023)

Carolyn S. Garvey, Esq. Carolyn S. Garvey, Esq. Edward D. Philpot, Jr., Esq. Edward D. Philpot, Jr., Esq. cc: Sara S. Greene, Esq., Disciplinary Counsel cc: Sara S. Greene, Esq., Disciplinary Counsel

November 27, 2023 /s/ Stephanie C. Hausman November 2 7, 2023 /s/ Stephanie C. Hausman

Kerouac recused). The Committee voted to accept the Respondent's resignation. Kerouac recused). The Committee voted to accept the Respondent’s resignation. Respondent's Assented-to Request to Resign. (Caroline Leonard and Margaret Respondent’s A ssented - to R equest to R esign. (Caroline Leonard and Margaret On November 14, 2023, the Professional Conduct Committee voted on the On November 14, 2023, the Professional Conduct Committee voted on the

*non-lawyer member *non - lawyer member

administratively suspended for non-payment of dues.

1993. My status with the District of Columbia Bar is that. I am

4. I was also admitted to practice law in Washington, D.C. on June 20,

3. I do not intend to resume practicing law in New Hampshire.

2023).

Robert E. McDaniel, Esquire, LD-2023-0012 (Order dated September 19,

Hampshire pursuant to Supreme Court Rule 37(9-B), In the Matter of

2. I am currently summarily suspended from the practice of law in New

1. I was admitted to the New Hampshire Bar in 1987.

sworn, does hereby depose and state as follows:

Supreme Court Rule 37(11). In support thereof, Mr. McDaniel, being duly

leave to resign from the New Hampshire Bar pursuant to New Hampshire.

NOW COMES, Robert E. McDaniel, Esquire, and respectfully requests

THEREOF 'TIRSUAMT TO Rai ,,E 3711:0

ESP LUEST TO RESIGN AND AFFIDi-WIT IN SIM' ,T

X-Rays, a cardiac ultra-sound, a CAT Scan, and an MRI which revealed

which detected abnormalities. Within a few days I also had a battery of

physician the next day and was given two EKG examinations, both of

After being tended to by EMT's at home that evening, I saw my personal

collapsed on the floor.

the bathroom to the kitchen where I was unable to stand on my own. I

home, I began to lose balance and feel disoriented. I managed to get from

feeling well during the hearing and that later that evening, when at

January p. 3 24, 2023 hearing. I wish for the Court to know that I was not

10. I have admitted that I made inaccurate statements to the Court in a

New Hampshire Bar for 36 years.

9. I am 7 p. 3 2 years old and will be 73 in March. I have been a member of the

hereto as Exhibit A.

the ADO filed a Petition for Summary Suspension, which is attached

allegations that I am guilty of misconduct, As part of that investigation,

8. I am aware that the ADO has an ongoing investigation concerning

submitting this request and resigning from the Bar.

health issues, I am fully aware of and accept the implications of

for as set forth in Paragraphs 10 to 13, below. Despite my current

under any duress, subject to any coercion, or medically impaired, except

7. My resignation from the Bar is tendered freely and voluntarily. I am not

Hampshire 03 p. 3 253.

6. My current home address is PO Box 961, 17 Pease Road. Meredith. New p. 4 3

such prosecution would be barred by the statute of limitations.

matter to a sanction. I waive my defenses and my right to assert that

discretion, may bring forward arid prosecute this underlying disciplinary

understand that the ADO may object to my application and, in its

17. In the unlikely event that I apply for readmission to the Bar, I

16. The ADO does not object to my resignation.

as the attached Exhibit A.

15. I waive the confidentiality of this Request to Resign and Affidavit, as well

defend them in a disciplinary proceeding.

Charges was predicated on such facts. I would not be able to successfully

material facts contained in the Petition are true, and that if a Notice of

14. These health challenges notwithstanding, I acknowledge that the

intense work.

physician has directed me to reduce stress, rest and not engage in

of breath, congestion, and coughing, as well as some balance issues. My

1 p. 4 3. I have also recently experienced frequent irregular heartbeats, shortness

aware of these ongoing medical issues.

complaint against me, but I feel that it is important that the Court be

12. I do not know what effect this condition has had on the issues in the

cognitive problems.

to wait in case of changes. This condition can lead to balance issues, and

cm. I consulted with Mass General Hospital for this and was instructed

an arachnoid cyst in the left front lobe of my brain. It measured 2 by p. 5 4 4

Hampshire Bar, pursuant to Superior Court. Rule 37(11).

Hampshire Supreme Court that he be permitted to resign from the New

requests that the Professional Conduct. Committee recommend to the New

WHEREFORE, the Respondent, Robert E. McDaniel, Esquire, respectfully

and assents to the relief requested herein.

21. The Attorney Discipline Office (Sara S. Greene, Esq.) has been contacted

Supreme Court that this resignation be accepted.

20. I request that the Professional Conduct Committee recommend to the

subject of a separate agreement.

pursuit of this disciplinary matter. My agreement to pay costs is the

19. I agree to pay the costs incurred by the ADO in the investigation and

Character and Fitness.

readmission, this matter may be presented to the Committee on

attachments. I also understand that in the event I apply for

as contained in my Request to Resign and Affidavit and related

18. I understand that I will be bound by my representations and admissions p. 6 5

his knowledge and belief. E. McDaniel, and made solemn oath that the facts above are true to the best of On this p. 6 5th day of October, 2023, personally appeared the above named Robert

Dated: October p. 6 5, 2023 Robert E. McDaniel. Esquire p. 7 Exhibit A p. 8 1

B)(c) (setting forth when affidavit is required). other requests for information from the ADO. See Supreme Court Rule 39(9is not brought under Rule 37(9-B)(2) for failure to comply with a subpoena or p. 8 1 This Petition is not supported by affidavit from the ADO because the Petition

suspension or disbarment." Rule 37(9-B)(b).

funds" or "any other misconduct which by itself could result in

"mishandling or misappropriation of client or third-party property or

2. Serious misconduct is defined as any misconduct involving the

integrity of the legal profession"). p. 8 1

immediate and substantial threat of serious harm to the public or the

B)(a)( p. 8 1) (attorney has "engaged in serious misconduct which poses an

p. 8 1. Respondent's conduct merits a summary suspension under Rule 37(9-

Court Rule 37(9-B)(a)( p. 8 1).

McDaniel, Esq. from the practice of law pursuant to New Hampshire Supreme

respectfully petitions this Court to order the summary suspension of Robert E.

The New Hampshire Supreme Court Attorney Discipline Office (ADO)

RULE 37(9-B)(a)( p. 8 1) FOR "SERIOUS MISCONDUCT" PETITION FOR SUMMARY SUSPENSION PURSUANT TO

In the Matter of Robert E. McDaniel, Esquire

suspended status for non-payment of dues to the D.C. Bar.

Columbia on June p. 9 20, 1993. He is currently on administratively

7 Mr. McDaniel was also admitted to practice law in the District of

Mr. McDaniel was admitted to practice in 1987.

6. Mr. McDaniel is an attorney licensed to practice law in New Hampshire.

quo can be maintained while client interests are determined.

should be frozen, and an inventory attorney appointed, so that the status

records, Mr. McDaniel's IOLTA balance was $35.04. That account

5. As of July 31, p. 9 2023, the last date for which the ADO has IOLTA bank

required by Supreme Court Rule 50 and 50A.

unauthorized cash withdrawals, and a complete lack of record-keeping

into the operating account rather than the IOLTA), commingling,

including, inter alia, misappropriation (large retainers deposited directly

operating account, demonstrate significant Rule 1.15 violations,

4 In addition, bank records subpoenaed for Mr. McDaniel's IOLTA and

referral to the ADO.

finding, an award of attorney's fees to the opposing party, and a judicial

counsel and mis-stated facts to the tribunal, leading to a contempt

In addition, he misrepresented the status of these funds to opposing

third-party funds that he held in an escrow account. for a divorce matter.

set forth below. To summarize, Mr. McDaniel mishandled client and

Here, both bases for summary suspension are present, for the reasons p. 10 3

the Matter of Lorraine Kutcher and David Kutcher (650-2020-DM-001 p. 10 36)

16. This discipline matter arises from an underlying divorce case entitled In

Kutcher Divorce: Unauthorized Disbursements from Escrowed Funds

p. 10 31, 2023.

through August p. 10 30, receiving check images and deposit slips on August

15. The ADO followed up on multiple occasions thereafter, from August 25

Hampshire despite the subpoena's request .for such images.

incomplete. No check images were provided by the Bank of New

14. The bank records were received on August 24, 202 p. 10 3, but were

at the Bank of New Hampshire.

McDaniel's Operating Account ending in XXXX5160. All accounts were

XXXX5178, Mr. McDaniel's IOLTA ending in XXXX5186, and Mr.

escrow account in a divorce matter handled by Mr. McDaniel ending in

1 p. 10 3. On July 13, 2023, the ADO subpoenaed records for three accounts: an

12. The matter was referred to Disciplinary Counsel on July 7, 202 p. 10 3.

from the Hon. Michael H. Garner on February 1 p. 10 3, 2023.

1 1. A judicial referral for the same underlying conduct was also received

submitted by Attorney Caroline Garvey.

10. This matter was initiated by a grievance dated February 9, 202 p. 10 3,

Grievance and judicial Refer -a1; ADO Subpalnas

9. Mr. McDaniel does not have a previous disciplinary history.

office as the McDaniel Law Office.

8. At all times material to this proceeding, Mr. McDaniel operated his law p. 11 4

Mr. McDaniel's own funds.

The beginning balance of account XXXX5178 was 500.00, representing

21. Mr. McDaniel held these funds in a fiduciary capacity as escrow agent.

so."

to take any action at this point. The payments are safe and will remain

there until further order of the Court . . There is no need for the Court

deposited the funds in a law firm trust account. The funds will remain

by David A. Kutcher and forwarded to undersigned counsel who has

2022 that "[b]oth of these payments [totaling 90,387.5 p. 11 4] were endorsed

20. Mr. McDaniel represented to the Court in a pleading dated. March 9,

funds" or the "escrow account").

a Bank of New Hampshire account ending in XXXX5178 ("the escrowed

motion, on March 8, 2022, Attorney McDaniel deposited $90,387.5 p. 11 4 into

filed a motion seeking to have these funds escrowed. In response to this

19. When Mr. Kutcher initially received these payments, Attorney Garvey

case.

were property of the marital estate and subject to division in the divorce

payments totaling 90,387.5 p. 11 4. The deferred compensation payments

18. During the case, Mr. Kutcher received two deferred compensation

Lorraine Ku tcher at all times relevant to this discipline matter.

17 Mr. McDaniel represented David Kutcher. Attorney Garvey represented

pending in the p. 11 4t11 Circuit - Family Division - Laconia. p. 12 5

escrowed funds, Mr. McDaniel thereafter disbursed a total of $30,387. p. 12 54

further court order following the March 231-d Order regarding the

28. Despite the lack of agreement between the parties, and the lack of any

Unauthorized Disbursements from the Escrow Account

13, June 8, July 20, and July 21, 2022.

27 The final hearing in the divorce was held over five days on April 4. April

funds to Ms. Kutcher.

property division and awarded the escrowed deferred compensation

26. In the Final Order, the Court included these funds in the analysis of the

"Final Order").

the issuance of the final order in the divorce on December 27, 2022 (the

disbursement of the remaining deferred compensation payments prior to

2 p. 12 5. There was no subsequent agreement or court order authorizing the

Final Orders or agreement of the parties" ("The March 23rd Order").

the deferred compensation payments in his escrow account pending

24. On March 23, 2022, the Court ordered "[Attorney McDaniel] shall retain

as the taxes are filed and paid."

$30,387. p. 12 54 will remain in Trust for income tax purposes until such time

23. Mr. McDaniel's March 17, 2022 letter also stated: "The balance of the

dispute about these disbursements.

indicated that Mr. Kutcher had also received $30,000. There is no

enclosing a check in the amount of $30,000 for her client. The letter

22. Attorney McDaniel sent Attorney Garvey a letter dated March 17, 2022 p. 13 6

called Mr. McDaniel.

31. By way of further background, in August 2022, Mr. Kutcher,

disbursements from that account.

use his own funds (from the initial $500 deposit) to make the various

account exceeded the Kutcher deposit by $470.71. Mr. McDaniel had to

30. Thus, the total disbursements Mr. McDaniel made from the escrow

total deposit of $90,387.54.

with Bates numbered documents) This amount exceeds the Kutcher

29. These disbursements equaled a total of $90.858.25. (Ex. 1, excel sheet

ending in 51 p. 13 60 (not authorized) 282-287 9/2/2022 Online transfer to operating acct ($1,325.00) 221 & (not authorized) 8/25/2022 Outgoing wire to David Kutcher ($15,000.00) 220 & 240

8/25/2022 Outgoing wire fee (not authorized) ($25.00) 220 & 240 ending in 51 p. 13 60 (not authorized) 275-281 8/23/2022 Online transfer to operating acct ($12,925.00) 220 & ending in 5160 (not authorized) 269-274 7 /1 /2022 Online transfer to operating acct ($1,583.25) 219 & ending in 5160 (authorized) 244-249 3/17/2022 Online transfer to operating account ($45,000) 215 & ending in 5160 (authorized) 244-249 3/1 7 /2 022 Online transfer to operating account ($15,000) 215 & 226-231 3 /8 /2022 Initial Deposit $90,38T54 215 & Date Transaction Ty. t Amount Bates

)000(51 p. 13 60, as follows:

Operating Account at Bank of New Hampshire account ending

of unauthorized funds from the escrow account into Mr. McDaniel's p. 14 7

total amount of $1,150.00. estate real property located in Meredith, New Hampshire, in the c. Payments to appraiser Kristin Eldridge for appraisals of marital $15,000 on August 25, 2022; b. A $25 wire fee for the unauthorized wire to David Kutcher for hearing in the Kutcher matter; a. Disbursement of S 1,583.25 to "eScribers" for a transcript of the

as follows:

requested and received invoices, which demonstrated the disbursements

3 p. 14 7. Mr. McDaniel identified these disbursements to the ADO. The ADO

the opposing party.

related expenses that were not authorized by the Court nor agreed to by

36. The other disbursements from the escrow account were for Kutcher-

.

35. According to Mr. Kutcher, Mr. McDaniel

on August 23, 2022 and August 25, 2022, respectively.

34. Mr. McDaniel effectuated these disbursements from the escrowed funds

33. During this phone call,

32. At that time, Mr. Kutcher p. 15 8

proof that the money is still in your IOLTA account by the end of

have the money in escrow, this should be a simple task. If I don't receive

the money you are holding in escrow. This is now my 4th request. If you

45. Ms. Garvey replied at 3:44 pm: "please provide documentation relative to

information next week."

44. Mr, McDaniel replied at 3:34 pm. "I will provide you with the escrow

trust still there."

for "documentation verifying that you have the p. 15 830K you were holding in

43. At 3:02 pm on December 30, 2022, Ms. Garvey made her third request

December 2 p. 15 8, 2022, and again on December 30, 2022.

42. Ms. Garvey followed up via email regarding the escrow account on

December 27, 2022.

beginning on December 19, 2022. The Court issued a Final Decree on

41. Attorney Garvey began requesting documentation of the escrowed funds

Escrow Account Depleted; Representations to Opposing Counsel

40. On December 2, 2022, the escrow account was closed

bank records.

and inaccurate and did not match the disbursements evidenced by the

39. Mr. McDaniel produced a Kutcher client ledger, but it was incomplete

amount Mr. McDaniel actually distributed from the escrow account.

3 p. 15 8. The Eldridge invoice was for $1,150,00, not 1,325,00, which is the p. 16 9

week."

Do not leap to another baseless conclusion. I will deal with it next

20, 2022 at 5:23 pm: "Of course the trust money was properly managed.

50. Despite this knowledge, Mr. McDaniel replied to Ms. Garvey on December

concern.

fraudulent transaction on that account that had caused him great

the escrow account had been closed, as he had been dealing with a

account and had performed "online transfers" three times. He also knew

4 p. 16 9. Moreover, Mr, McDaniel had easy access to information about the escrow

payments for other divorce-related expenses,

personally disbursed the funds to himself as fees, to his client, and made

48. Mr. McDaniel knew the escrow funds were exhausted because he had

the escrow account was closed.

held in the escrow account, the escrowed funds were exhausted. Indeed,

47_ By the time Attorney Garvey was requesting confirmation of the amount

Court."

longer in your IO LTA account and will address the matter with the

supposed to be holding in trust, I can only assume that the money is no

and not having received documentation regarding the money you are

46. At 5:08 pm, Ms. Garvey sent another email, stating: "It being 5:07 p.m.

if the money is not there, there is a big problem."

business today, I will take the matter up with the Court Tuesday because p. 17 10

remaining balance was then $15,387.43."

as he was in "dire need of funds for living expenses," and that "[t}he

in part, that $15,000 had been given to Mr. Kutcher "on August 8, 2022,"

55. Attorney McDaniel filed an. Objection on January 17, 2023 representing,

Transfer of Escrow Funds and Accounting of Same.

when she did not receive a response, the next day she filed a Motion for

54. Attorney Garvey sent another follow-up email on January 5, 2023, and

More to follow."

And you have your facts wrong. The tax money is a separate issue.

examine the file and respond tomorrow. You do not set deadlines for me.

53. Mr. McDaniel responded at 4:30 pm, "That is not the entire story. I will

account." business I want proof that the money in in your IOLTA serious problem on your hands. Today, before the close of have the $30,387.54 in your IOLTA account, you have a very until such time as the taxes are filed and paid.' If you don't $30,387.54 will remain in Trust for income tax purposes your 3/17/2022 letter wherein you state: the balance of We were all there. It is on the record, Attached is a copy of then you told the Court that you would look into the matter. released $15K of the money you were holding in trust and Bob, This is outrageous. You told the Court that you

were still intact, saying: "

52. At 4:19 pm, Ms. Garvey made a sixth request that the escrowed funds

funds in trust. He replied: "Why, what money do you think I have?

McDaniel for the fifth time for proof that he was holding the escrowed

51. On January 3, 2023, Ms. Garvey sent an email at 3:49 p.m. asking Mr. p. 18 11

balance of $301.19 as of January 17, 2023, the date of his pleading.

63. Finally, Mr. McDaniel falsely represented that the escrow account had a

represented to the Court.

62. Mr. McDaniel's legal fee was $12,925.00, not $13,000.00 as he

by the invoice Mr. McDaniel provided during the ADO investigation.

61. The transcript fee was not $786.35, but rather $1,583.25, as evidenced

represented to the Court.

investigation, and they totaled S 1,150.00, not $1,300.00 as he

60. Mr. McDaniel produced the invoices for Eldridge Appraisals in the ADO

represented by Mr. McDaniel.

13,804.04 according to bank records, and not $15,387.54 as

59. Second, the balance of the escrow account after the $15,000 transfer was

transfer on August 25, 2022, not August 8, 2022.

58. Specifically, the $15,000 payment to Mr. Kutcher was made via wire

57. None of these representations were truthful or accurate.

remains in the McDaniel Law Office IOLTA Account."

his financial distress. These payments left a balance of $301 19, which

$18,100.00 to $13,000.00 as a courtesy to Mr. Kutcher and in light of

fees and costs which the McDaniel Law Office discounted from

1,300.00, a transcript fee of $786.35, as well as his outstanding legal

including two appraisals conducted by Eldridge Appraisals totaling

McDaniel Law Office to pay outstanding invoices related to his case,

56. In addition, the Objection stated that Mr. Kutcher had "authorized The p. 19 12

including his IOLTA account, on Bank of New Hampshire's [Attorney McDaniel] relied on records for his bank accounts,

May16, 2023, Mr. McDaniel, through counsel, stated:

records for Attorney McDaniel's trust accounts. In his response dated

68. During the investigation into this matter, the ADO requested copies of

Commingling, R.outine Disbursements from ICLTA

IOLTA Violations: Misavorcpriation, Unauthorized Cash Withdrawals,

This amount was $7.273.60.

incurred in relation to seeking documentation of the escrowed funds.

67 The Court also awarded Mrs. Kutcher attorney's fees which were

funds."

was in contempt of the "the Court's Order requiring the sequestration of

66. In an Order dated February 6, 2023, the court found that Mr. Kutcher

.

from. Meredith Village Savings Bank in the amount of $30,387.54.

65. At the hearing, Attorney McDaniel gave Attorney Garvey a bank check

24, 2023.

64. A hearing was held on the Motion to Transfer Escrow Funds on January

funds in the escrow account to effectuate the various disbursements.

unrelated fraudulent transaction, and he had utilized $470.71 of his ow

However, by that date the escrow account had been closed due to an p. 20 13

72. The details of the Butcher escrow account are set forth supra, TO! p. 20 13-67

Court Rule 50(c)(i).

signatory on the IOLTA without a proper bond as required by Supreme

71. In addition, he maintains a nonlawyer, his wife Laurie McDaniel, as a

engaged in commingling.

any client designation, took unauthorized cash withdrawals, and

misappropriation), routinely transferred monies out of his IOLTA without

account, thereafter disbursing client funds before they were earned, (i.e,

McDaniel deposited unearned retainers directly into his operating

70. To summarize, review of the bank records demonstrates that Mr.

c. Account XXXXX5160 ("the Operating account") b. Account XXXXX5186 ("the IOLTA") a. Account )0000(5178 ("the escrow account")

covered October 2022):

2022 to the present date (at the time of production, last bank records

Hampshire for the following accounts, covering the time period March 1,

69. On July p. 20 13, 2023, the ADO issued a subpoena to the Bank of New

summary is the monthly statement. each client account, and the only record of the total account accounts, he also does not have a monthly reconciliation for Because he did not keep a checkbook register for his no checkbook registers that show balances of accounts. does not have copies of the electronic records, and there are system for keeping records or reconciling his accounts. He electronic banking system. He did not have a separate p. 21 14

numbered bank records)

presumably were retainers. (Ex. 6 hereto, excel chart with Bates

client matters, in amounts ranging from $5,000 - $15,000, which

78. Bank records demonstrate at least seven (7) deposits into the IOLTA for

identification. (Ex. 5 hereto, Bates numbered bank records)

(treasurer's check) made payable to Robert E. McDaniel with no client

77. Mr. McDaniel effectuated a $10,000 cash deposit on June 6, 2022

bank records)

Account into the IOLTA. (Ex. 4 hereto, excel chart with Bates numbered

depositing, on six occasions, a total of $3,091.93 from his Operating

76. Mr. McDaniel commingled personal funds with those of his clients by

chart with Bates numbered bank records)

on six occasions in the total amount of 19,950. (Ex. 3 hereto, excel

75. Mr. McDaniel effectuated unauthorized cash withdrawals from the IOLTA

(Ex. 2 hereto, excel chart with Bates numbered bank records)

client identification or designation, in the total amount of $68,606.89.

online transfers from the IOLTA to the Operating Account, without any

74. From March 2, 2022 through August 15, 2022, Mr. McDaniel effectuated

are set forth below

73. The details of Rule violations as to the IOLTA and the Operating account p. 22 15

JRL and CFP were not part of the grievance filed in this matter. 2 Client initials are used in this Petition to preserve confidentiality, as clients

N.H. Commission for Human Rights regarding a former employee's

retainer provided so that Mr. McDaniel could prepare a. response to the

86. The ADO confirmed with the owner of this business that this check was a

CFP, a business, in the amount of $ p. 22 15,000. Id.

85. On September 16, 2022, Mr. McDaniel deposited a check from client

to do so by mail.

84. As of the date of this filing, the ADO has not reached JRL despite efforts

"retainer." (Ex. 7, Bates numbered bank records)

JRL' in the amount of $20,000. The memo line on the check read

83. On September 16, 2022, Mr. McDaniel deposited a check from client.

Account that should have been deposited into his IOLTA.

82. Two large retainers were deposited into Mr. McDaniel's Operating

50(2)(C)(i).

81. Mrs. McDaniel is not bonded as required by Supreme Court Rule

works as a legal assistant for Mr. McDaniel,

checks from the IOLTA. Upon information and belief, Mrs. McDaniel

80. Laurie McDaniel, a non-lawyer. is a signatory on the IOLTA and wrote

McDaniel failed to produce client ledgers for any of these seven clients.

ledgers for any client for whom Mr. McDaniel held funds in trust, Mr.

79. Despite the ADO's request by letter dated February 13, 2023 for all client p. 23 16

McDaniel did not timely produce the information requested.

92. The ADO requested such materials no later than September 8, 2023. Mr

hereto (ADO emails without attachments))

billing statements, and client contact information. (Ex. 8, attached

documentation, including the entire file for the JRL and CFI' matters, all

August 31, 2023 and September 5, 2023, various client materials and

91. The ADO requested, in two emails to counsel for Mr. McDaniel dated

use the funds of a client that were not earned fees, i.e. misappropriation,

into the operating account, Mr, McDaniel began disbursing for his own

90. It is the ADO's position that by depositing an unearned retainer directly

i.e. the Operating Account,

these two client retainers into an account containing his personal funds,

89. At a minimum, Mr. McDaniel engaged in commingling by depositing

occurred during September and October 2022. Id.

check image)). Many other transactions out of the operating account

Laurie McDaniel from the operating account. (Id., Bates 287, 355 (larger

88. On September 28, 2022, Mr. McDaniel wrote a check for $10,000 to

account was $2,534.30. (Ex , Bates 284).

87. Prior to these two retainers being deposited, the balance in the operating

retainer in his IOLTA.

any kind and assumed Mr McDaniel continued to hold any remaining

discrimination claim. The owner confirmed he never received a bill of p. 24 17

following Rules of Professional Conduct:

98. Mr. IvIcDaniel's conduct, as set forth in this Petition, violates the

client trust account.

client trust account and that he performs monthly reconciliations of his

through May 31, 2022 representing that he was never out of trust in his

Compliance Certificates for the reporting periods covering June 1, 2021

client funds, Mr. McDaniel knowingly submitted false Trust Account

97 Given his acknowledgment of a near-complete lack of record-keeping for

were deposited into Mr. McDaniel's Operating Account.

earned fees of $35,000 as of September 16, 2022, when these amounts

96. The JRL and CFP files do not evidence work product that would justify

Commission for Human Rights.

October 10, 2022, but no final submission of the Answer to the N.H.

Commission for Human Rights, which was shared with the client on

draft "Answer and Response to Charge of Discrimination" to the N.H.

95. The CFP file evidences some email correspondence to the client, a 5-page

by Mr. McDaniel on the JPL matter.

94 The ADO's initial review of these client files demonstrate no work product

client files. Mr. McDaniel did not produce any billing infoiniation.

93. On September p. 25 18, 2023, at 3:18 p.m.. Mr. McDaniel produced these 18

further orders of the Court . . there is no need for the Court to

Kutcher funds "will remain there [in a separate account] until

a. His pleading dated March 9, 2022, wherein he represented that the

101. Rule 3.3, for knowingly making false statements of fact to a tribunal in;

the IOLTA;

f. Failing to bond Laurie McDaniel, a non-attorney, as a signatory on

IOLTA into his Operating Account; and

e. Routinely failing to identify by client name disbursements from the

d. Making unauthorized cash withdrawals as described herein;

Operating Account, as set forth herein;

funds into the IOLTA, and by depositing client funds into his

commingling his funds with clients' funds. both by depositing his

c. Failing to maintain his property separate from that of clients, i.e.

b. Failing to deposit the JRL and CFP retainers into the IOLTA;

regard to client and third-party funds as required by Rule 50 and

a. Failing to maintain any of the minimum financial records with

100. Rule 1.15 and Supreme Court Rule 50 and 50A for:

safeguarded when two or more persons claimed interests in such funds;

counsel, and for failing to keep the escrowed funds separate and

escrow funds he held in the Kutcher matter when requested by opposing

99. Rule 1.15(e) and (f), for failing to promptly render a full accounting of the p. 26 19

Account as set forth herein.

matters, which were deposited in their entirety into his Operating

105. Rule 8.4(c), for disbursing unearned client retainers in the JRL and CFP

conclusion;" and

money was properly managed," accusing her of 'another baseless

made from the escrow account, instead telling her "of course the trust

through January 5, 2023, failing to inform her of the disbursements he

upon her repeated inquiries regarding same, from December p. 26 19, 2022

Ms. Garvey that the Kutcher funds "will remain in trust," and thereafter,

counsel, when he represented in his March 17. 2022 correspondence to

104. Rule 4.1(a), for knowingly making a false statement of fact to opposing

2023;

Court in its Order holding Mr. McDaniel in contempt, dated February 6,

2022 requiring the sequestration of Kutcher funds, as found by the

103. Rule 3.4(c), for knowingly violating the Court's Order dated March 23,

102. Rule 3.3, for knowingly filing a false Trust Account Certification;

disbursements;

and falsely stated the amounts and dates of certain

the amount held in trust in the escrow account as of two dates,

b. His pleading dated January 17, 2023, wherein he falsely set forth

remain so:"

take any action at this point. The payments are safe and will p. 27 20

assets of clients, whether real, personal, beneficial or mixed;

hypothecating, or in any manner disposing of or conveying any

Mr. McDaniel be enjoined from transferring, assigning,

C. Freeze Mr. McDaniel's IOLTA and operating accounts and order that

October 9, p. 27 2023, as set forth in Supreme Court Rule 37(13)(b),(d);

submit an affidavit to the ADO attesting to same, no later than

B. Order Mr. McDaniel to inform all clients of his suspension, and

with Rule 37(9-B);

A. Suspend Mr. McDaniel and initiate further proceedings consistent

WHEREFORE, the ADO respectfully prays that this Court:

misconduct.

109. This Court should suspend Mr. McDaniel summarily due to his serious

and thus meets the definition of "serious misconduct" on both bases.

In addition, it involved the mishandling of client and third party funds,

result in a suspension or disbarment." Supreme Court Rule 37(9-B)(b),

108. Mr. McDaniel's misconduct constitutes "misconduct which by itself could

summary suspension under Rule 37(9-B)(a)(1).

4.1, 8.4(c), and Supreme Court Rule 50. This misconduct merits

107, Mr. McDaniel's conduct violates, at a minimum, Rules 1.15, 3.3, 3.4(c),

harm to the public or the integrity of the legal profession."

misconduct which poses an immediate and substantial threat of serious

106. This conduct demonstrates that Mr. McDaniel has "engaged in serious

postage prepaid and via email. PLLC, 354 South Main Street, Ste 1, Laconia, NH 03246, by regular mail Esquire, counsel for Robert E. McDaniel, Esquire, at Edward D. Philpot, was delivered on this 19th day of September 2023, to Edward D. Philpot, Jr., Summary Suspension Pursuant to Rule 37(9-B) (a)(1) for 'Serious Misconduct"' Court Attorney Discipline Office, certify that a copy of the aforesaid "Petition for I, Sara S. Greene, Disciplinary Counsel of the New Hampshire Supreme

protect the public.

F Enter such further orders as it may deem just and necessary to

ADO in the investigation and prosecution of this matter; and

E. Assess Mr, McDaniel for all expenses that may be incurred by the

action as is necessary to protect the interests of his clients;

possession of Mr. McDaniel's files and accounts, and to take such

D. Appoint, in accordance with Rule 37(17), an attorney to take