September 18, 2012
At Least Two Shades Of Gray
The New Hampshire Supreme Court affirmed in part, reversed in part and remanded a disciplinary case involving alleged conflicts of interest.
The attorney represented a husband and wife with the last name of Gray. The couple attended a graduation party and became intoxicated. A domestic dispute ensued and the police responded.
The husband was arrested and was released subject to a stay-away order from the wife and daughter. The wife did not wish to press charges. The attorney represented both husband and wife at a hearing to lift the stay-away order.
The court found a concurrent conflict but not a successive one, as the Professional Conduct Committee had. The court also rejected a finding of incompetence.
The remand seeks a sanction recommendation based on the one sustained finding of misconduct. (Mike Frisch)
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