Clauson's Case

Summary

The New Hampshire Supreme Court reviewed a six-month suspension imposed on attorney K. William Clauson for alleged violations of professional-conduct rules arising from his joint representation of a criminal defendant and the defendant’s wife in proceedings to lift a no-contact bail condition. The court upheld violations of Rules 1.7 and 8.4(a), rejected findings under Rules 1.1 and 1.9(a), and vacated and remanded the sanction for reconsideration.

Holdings

1. Clauson's joint representation of Todd and Brenda Gray at the bail-condition hearings presented a significant risk that his responsibilities to Brenda would materially limit his representation of Todd, establishing a concurrent conflict of interest under Rule 1.7(a)(2).
2. Because Clauson violated Rule 1.7(a), he also violated Rule 8.4(a), which defines violation of the Rules of Professional Conduct as professional misconduct.
3. The record did not establish by clear and convincing evidence a violation of Rule 1.9(a), because Brenda Gray's interests were not materially adverse to Todd Gray's interests during the relevant representation.
4. The PCC lacked clear and convincing evidence that Clauson violated Rule 1.1 by representing the Grays in seeking modification of the no-contact condition.
5. The six-month suspension had to be vacated and remanded for reconsideration because the PCC based it on four violations, while only the Rule 1.7(a) and Rule 8.4(a) violations were sustained.

Questions Presented

1. Whether Clauson's joint representation of Todd and Brenda Gray created a concurrent conflict of interest in violation of New Hampshire Rule of Professional Conduct 1.7(a)(2).
2. Whether Clauson's representation of Todd constituted a successive conflict of interest under Rule 1.9(a).
3. Whether clear and convincing evidence established that Clauson provided incompetent representation in violation of Rule 1.1.
4. Whether Clauson's Rule 1.7(a) violation also constituted professional misconduct under Rule 8.4(a).
5. Whether the six-month disciplinary sanction should be vacated and reconsidered after reversal of two of the four violations.

Disposition

reversed_and_remanded