Leigh D. Bosse (2006)

office as Law Offices of Leigh Bosse, P.O. Box 2100, Hillsboro, New Hampshire, 03244-2100,

was admitted to practice in 1975. At all times material to this matter, Mr. Bosse operated his law

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

and convincing evidence:

determined that the record supports the following findings of fact and rules violations by clear

2006, the Professional Conduct Committee, upon consideration and review of the Stipulation,

The parties had entered into a Stipulation As to Facts and Rules Violated. On July 18,

Factual Findings

Garfunkel, Esquire.

Counsel, represented the Committee. Respondent Leigh D. Bosse was represented by David

A. Da1ey did not participate in the discussion or vote. Landya B. McCafferty, Disciplinary

P. COThiair, Aian J. CrOlli~eh'll, Richard H. Darling, Ja..'11es R. Ma..rtin. DavidN. Page a..tJ.d Gerald

Margaret H. Nelson, Chair, Benette Pizzimenti, Vice Chair, Toni M. Gray, Vice Chair, Thomas

Bosse, Leigh D. advs. Attorney Discipline Office #04-071. Members present were as follows:

On July 18, 2006, the Professional Conduct Committee heard oral argument on the matter of

Bosse, Leigh D. advs. Attorney Discipline Office #04-071

Eleanor Wm. Dahar Holly B. Fazzino, Admin. Coordinator Alan J. Cronhelin * non attorney member Thomas P. Connair David N. Page* DavidN. Cole James R. Martin Toni M. Gray, * Vice Chair 603-224-5828 • Fax 228-9511 Gretchen Rule Hamel Benette Pizzlinenti, Vice Chair Concord, New Hampshire 03301 Richard H. Darling* Margaret H. Nelson, Chair 4 Park Street, Suite 304 Gerald A. Daley*

property owners.

separate telephone calls from MJ. Raymond Grimard and Mr. Brian Soule, both Emerald Lake

4. On February 6, p. 2 2003, in response to this memorandum, Mr. Bosse received

3. The three builders referred to in the memo were Messrs. Lemay, Dube and Costa.

(Emphasis in original).

By: Leigh Bosse, OwnerlBroker CENTURY p. 2 21 Red Coat Realty

Please let me know if you are interested.

market conditions disappear. If you are interested, act quickly before these favorable

commission in half to only 5%. we sell your lot to one of these three builders, I will cut the Although our nonnal commission for land sales is 10%, if

on it. $10,000.00, provided a state approved septic system can be placed I can almost guarantee a quick sale of your lot for at least

builders who are looking for lots to build on. Lake, NOW is the time. I am currently working with three If you ever thought about selling your land at Emerald

Subject: Today's HOT Real Estate ~Y1arket

From: Leigh Bosse

To: Emerald Lake Property Owners

approximately 35 property owners on Emerald Lake, a small lake located in Hillsboro:

p. 2 2. On February 3, 2003,Mr. Bosse sent the following memorandum to

Hampshire.

and was the principal broker and owner of Century p. 2 21 Red Coat Realty in Hillsboro, New p. 3 3

Soule's and:Mr. Grimard's properties. Mr. Bosse did that.

10. :Mr. Dube requested that Mr. Bosse prepare $10,000.00 offers to purchase:Mr.

mail (Mr. Grimard).

Dube that he had one new Emerald Lake Listing (Mr. Soule) and another promised by return

9. On February 7,200 p. 3 3,:Mr. Dube came to Mr. Bosse's office. Mr. Bosse told Mr.

Agreement~

8. Later that same date, Wti. Soule came to l\1r. Bosse's office a..'1d signed a Listing

Grimard's information into his office computer.

7. On that same date, February 6, 200 p. 3 3, Mr. Bosse entered both Mr. Soule's and:Mr.

than 10%) if the sale was to Messrs. Lemay, Dube or Costa.

Listing Agreement also included a notation that the real estate commission would be 5% (rather

price of $1 0,000.00, and a Disclosure of Agency Relationships in Real Estate Brokerage. The

:Mr. Grimard, Mr. Bosse mailed him an Exclusive Listing Agreement which contained a sale

6. On that same date, February 6,200 p. 3 3, following Mr. Bosse's conversation with

for an appointment to discuss the matter further.

Grimard as having asked him·to mail the paperwork. Mr. Grimard remembers asking Mr. Bosse

Bosse thathe would come into the office to complete the paperwork. Mr. Bosse remembers:Mr.

well. Mr. Bosse did attempt to contact the builders but was unsuccessful. Mr. Soule told:Mr.

builders identified in his memo, he would probably send them a purchase and sale agreement as

gentlemen that he would send a listing packet and ifhe could make contact with one of the

$10,000.00, if:Mr. Bosse could find a buyer for that amount. Mr. Bosse told each of these

5.:Mr. Soule and Mr. Grimard each expressed interest in selling his lot for p. 4 4

paperwork to substantiate the Grimard-Dube and Soule-Dube listings.

18. On February 10,2003, Mr. Boike contacted Mr. Bosse. Mr. Boike requested

17. On February 8, 2003, Mr. Bosse also uploaded the Grimard-Dube information.

the Soule-Dube information.

Dube, t.~at transaction was ripe for uploading to :NNEREN. On that date, Mr. Bosse uploaded

16. As a result of the February 8, 2003, agreement entered into by rvir. Soule and [vir.

ail ministered by M...r. Ja.mes Boike.

Failure to comply would result ii'1 a fme. At all times material to ttjg matter, NNEREN was

real estate agent or any change in a listing status be forwarded to NNEREN within p. 4 48 hours.

Multiple Listing Service for New Hampshire. NNEREN required that any listing obtained by a

15. Northern New England Real Estate Network ("NNEREN") is the computerized

offer, and signed a Purchase and Sale Agreement and Dual Agency Consent Agreement.

1 p. 4 4. On February 8, 2003, Mr. Soule came to Mr. Bosse's office, accepted Mr. Dube's

simply means that a sale of the property is pending.

both the Soule and Grimard listings to"pending" on his office computer."Pending" status

13. Follov!iaJ.g ~y1r. Bosse's meeting"Vvith Mr. Dube,.r-,,1r. Bosse changed L~e status of

listings into his office computer.

Soule. Anticipating the completion of these transactions in the futUre, Mr. Bosse entered these

for houses to be constructed by Mr. Dube in the future on the properties of Mr. Grimard and Mr.

12. Mr. Dube further instructed Mr. Bosse to prepare listings on Mr. Dube's behalf

Agreement for each transaction. Mr. Dube signed both documents.

11. Mr. Bosse also prepared for Mr. Dube's signature a Dual Agency Consent p. 5 5

agreement & listing. with O'Neil's for twice as much and I have withdrawn my I don't know what's going on. Grimard now says he listed

Jim:

wrote the following in a handwritten note to 11r. Boike:

23. Upon discovering that Mr. Grimard had listed with O'Neil's Realty, 11r. Bosse

22.

Grimard had decided (unbeknownst to Mr. Bosse) not to list his property with 11r. Bosse.

21. Prior to Mr. Bosse signing Mr. Grimard's name to these two documents, Mr.

Purchase and Sale Agreement was"in effect."

11r. Bosse forwarded them to Mr. Boike and falsely informed Mr. Boike in a cover letter that the

20. On February 10, 2003, after signing !VIr. Grimard's name to these two documents,

Grimard's consent or authorization.

that in signing 11r. Grimard's name to the Purchase & Sale Agreement, he acted without Mr.

that 11r. Grimard would be forwarding properly executed documents to him shortly, he admits

. 11r. Dube but not agreed to or signed by Mr. Grimard). While 11r. Bosse expected at that time

signed or returned to Mr. Bosse), and (b) the Purchase and Sale Agreement (previously signed by

document that 11r. Bosse had previously forwarded to Mr. Grimard but that 11r. Grimard had not

Grimard's name to the following two documents: (a) the Exclusive Listing Agreement (the same

than advising Mr. Boike that he had uploaded the Grimard deal too soon, 11r. Bosse signed Mr.

was unsuccessful. 11r. Bosse and 11r. Boike had a history of conflict and, at that point, rather

19. After speaking with 11r. Boike, 11r. Bosse attempted to reach Mr. Grimard but p. 6 6

Conduct 8.4(a).

above rule, there is necessarily clear and convincing evidence of a violation of N.H. R. Prof.

30. Because there exists clear and convincing evidence that Mr. Bosse violated the

violation of N.H. R Prof Conduct 8.4(c).

29. Mr. Bosse's conduct ill this regard constitutes clear and convincing evidence of a

misrepresentation.

28. In so doing, Mr. Bosse engaged in conduct involving dishonesty, fraud, deceit, or

Bosse knew that he did not have Mr. Grimard's consent to sign these documents.

27. At the time he signed these documents and forwarded them to NNEREN, Mr.

effect."

falsely informed Mr. Boike in a letter that the deal between Mr. Grimard and Mr. Dube was"in

2 p. 6 6. At the time Mr. Bosse forwarded these documents to Mr. Boike, Mr. Bosse

IvIr. Bosse fu~d to sell his property to Mr. Dube.

would believe that Ivfr. Bosse had secured 1vfr. G-rimard's agreement bOt!l to list:bis property "vith

25. Mr. Bosse then forwarded these two documents to NNEREN so that Mr. Boike

consent.

estate listing document and a purchase and sale agreement without Mr. Grimard's knowledge or

24. As described in detail above, Mr. Bosse signed Mr. Grimard's name to a real

Rulings of Law p. 7 --~ - - -- ~- - - - •

profession and prevent similar conduct in the future." E.g., Coffey'S Case, 152 N.H. 503,513

"to protect the public, maintain public confidence in the bar, preserve the integrity of the legal

The New Hampshire Supreme Court has held that the purposes of attorney discipline are

censure.

remorse, Mr. Bosse argued that the Professional Conduct Committee should impose a public

process, the substantial penalty he had alr~ady incurred by loss of his real estate license and his

factor~_ w_ - such as - -- his lack of a - - -- nricr discinlin&"M:l ~ • '" ,/ record .. his cooneration ~ \:vit.~ the discinlina..... tI M /

litigation, Mr. Bosse s.rgued that his conduct was less egregious than Attorney Desmarais-

conduct relating to the alteration of certain medical releases in connection with pending

#OO-N-125 where the Professional Conduct Committee had issued a six month suspension for

Christine Desmarais-Gordon advs. Professional Conduct Committee,

the permanent loss of his real estate license. Comparing his case to another relatively recent case,

too severe a sanction for a single act of misconduct, for which Mr. Bosse had already incurred

(quotations and brackets omitted). Mr. Bosse, through his counsel, argued that disbarment was

involving dishonesty ... justifies disbarment." Nardi's Case, 142 N.H. 602, 606 (1998)

transgression reflects more negatively on the legal profession than a lie, attorney misconduct

Disciplinary Counsel noted that the Supreme Court had previously held"... [B]ecause no single

context of a business transaction from which he stood to gain financially, he should be disbarred.

Disciplinary Counsel took the position that because Mr. Bosse committed acts of deceit in the

Bosse's admitted misconduct and submitted separate memoranda on the issue of sanctions.

The parties, in their Stipulation, did not agree upon a recommended sanction for Mr.

Sanction p. 8 8

mitigating and two aggravating factors to consider. The mitigating factors are as follows: (1)

With respect to the fourth prong, aggravating and mitigating factors, there are four

integrity of the New Hampshire Bar is substantial.

Whenever an attorney engages in misconduct involving deceit, however, the injury to the

caused by Mr. Bosse's misconduct. Here, the injury is subjective in nature and not quantifiable.

The third prong of the analysis requires consideration of the potential or actual injury

would be forwarding 4",.> ...L .... ." executed documents to him mom-Dtlv.

Agreement was"in eftect." At the time he did so, he did apparently expect that Mr. Grimard

Estate New/ork adi:llL.'1istrator) \vit.1. a cover letter falsely statirig that the Purchase and Sales

documents and then forwarded those documents to James Boike (Northern New England Real

deliberately and intentionally. Mr. Bosse signed Iv1r. Grimard's name to two separate legal

With respect to the second prong ofthe analysis, Mr. Bosse's mental state, he acted

See Standards § 5.1 1 (b).

public and the legal profession: his duty to be honest and maintain high standards of integrity.

Under the first prong of the analysis, Mr. Bosse violated a fundamental duty owed to the

at 513.

(d) the existence of aggravating or mitigatillg fac;tors."-Standards § 3~O; Coffey'S Case, 152 t~~H~

lawyer's mental state; (c) the potential or actual-injury caused by the lawyer's misconduct; and

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

(1992), it looks to them for guidance. Coffey's Case, 152 N.H. at 513. The Standards set forth a

Although the Court has not adopted the ABA Standards for lIilposing Lawyer Sanctions

take into account the severity ofthe misconduct." Coffey's Case, 152 N.H. at 513.

(2005) (internal quotations omitted); Feld's Case, 149-N.H. 19,2 p. 8 8 (2002). The sanction"must

"maintain public confidence in the bar." Coffey'S Case, supra at 513. A public censure would

transaction is a significant act of misconduct. A central purpose of attorney discipline is to

not be appropriate in this case. An attorney's forging of legal documents as part of a business

However, the Professional Conduct Committee concluded that a public censure would

factors also justify a sanction less than disbarment.

whjch makes the ultimate sanction of disbarment not appropriate. Additionally, the mitigating

docuJ.'11ents to him shortly. eI \Vhile - that does not excuse his misconduct. it does nrovide a context

C0n11uitted this act, he did expect that Mr. Grimard v,rould be fonvarding properly executed

of a business transaction. This is egregious misconduct; however, it appears that at the time he

In this case, Mr. Bosse forged Mr. Grirnard's name to two legal documents in the context

Committee determined that a six month suspension was appropriate.

See Standards § 5.11(b). Based on its consideration ofthe foregoing, the Professional Conduct

Hampshire, as articulated by the Supreme Court, and the particular circumstances of this case.

recommended by the Standards, as well as the purposes of attorney discipline in New

The Professional Conduct Committee took into consideration both the four-part analysis

See id. § 9.22(i).

had substantial experience (almost 30 years) in the practice oflaw at the time of his misdeeds.

case are that Mr. Bosse acted with a dishonest and selfish motive, see Standards § 9.22(b), and

attorney in a case involving deceit admits his misconduct). The two aggravating factors in this

9.32(a), (e), (k) & (1); Feld's Case, 149 N.H. at 30 (holding that remorse is demonstrated where

misconduct; and (4) Mr. Bosse has shown remorse by admitting his deceit. See Standards §

process; (3) Mr. Bosse's real estate license has been permanently revoked as a result of this same

Mr. Bosse has no prior disciplinary record; (2) Mr. Bosse has cooperated with the disciplinary p. 10 10

File David A. Garfunkel, Esquire Landya B. McCafferty, Disciplinary Counsel Distribution:

September 19, 2006

2006, unless respondent files a timely appeal in the New Hampshire Supreme Court.

in the investigation and prosecution of this matter. This Order shall take effect on October 19,

months fu""1d that he be assessed all the expenses incurred by the Professional Conduct Committee

Based on a consideration of the record and the parties' arguments, the Professional

Conclusion

circumstances and the central purposes of attorney discipline.

would take into account the nature of11r. Bosse's misconduct, the aggravating and mitigating

150 N.H. 157, 159), the Professional Conduct Committee fmds that a six month suspension

not serve this purpose. Judging this case"on its own facts and circumstances" (O'Meara's Case,