If a complaint is referred to Disciplinary Counsel for further processing, Disciplinary Counsel will conduct further investigation and legal analysis to determine whether there is sufficient proof of one or more violations of the Rules of Professional Conduct. The complainant and respondent attorney may be asked to meet with Disciplinary Counsel to discuss the matter.
Depending upon the strength of the evidence, Disciplinary Counsel may file a motion to dismiss for consideration and ruling by the Professional Conduct Committee. Otherwise, Disciplinary Counsel will issue a formal Notice of Charges against the respondent attorney or enter into a partial or dispositive stipulation with the respondent attorney.
The case will be scheduled for trial before a hearing panel on all contested issues. Complainants may be asked to appear and testify under oath in this proceeding.
After the hearing panel issues its findings and recommendations, the case will then be reviewed and decided by the Professional Conduct Committee. In cases where the Committee recommends a sanction of suspension greater than six months, the matter will be referred to the New Hampshire Supreme Court.