Tuesday, 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)

http://lawprofessors.typepad.com/legal_profession/2012/09/at-least-two-shades-of-gray.html

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