Board of Overseers of the Bar v. Keri J. Marshall, Esq.
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Docket No.: BAR-13-3
Issued by: Supreme Judicial Court
Date: October 16, 2013
Respondent: Keri J. Marshall, Esq.
Bar Number: 003593
Disposition/Conduct: Responsibilities Regarding Nonlawyer Assistants; Failure to Respond to Bar Counsel
ORDER OF RECIPROCAL DISCIPLINE M. Bar R. 7.3(h)
The Defendant, Attorney Keri J. Marshall, was admitted to practice law in 1987 in both the State of New Hampshire and in the State of Maine. She has an active sole practice in New Hampshire and is currently registered with the Maine Board of Overseers of the Bar as a non-resident active attorney.
On January 22, 2013 the Board received certified confirmation from the New Hampshire Supreme Court Professional Conduct Committee (PCC) that on November 27, 2012 the PCC had issued a Public Censure with Conditions upon Attorney Marshall. That Public Censure was based upon Attorney Marshall’s violations of N. H. R. Prof. Conduct 5.3(a)(b); 8.1(b); and 8.4(a).
Attorney Marshall’s professional conduct violations involved her failure to properly supervise her support staff such that improper and false filings were submitted in a contested divorce proceeding, followed by Attorney Marshall’s initial failure to properly comply with the New Hampshire Attorney Discipline Office’s requests in its investigation of the opposing party’s grievance against her.
Attorney Marshall’s misconduct would constitute analogous violations of M. R. Prof. Conduct 5.3(a)(b)(Responsibilities Regarding Nonlawyer Assistants); 8.1(b)(Bar Admission and Disciplinary Matters); and 8.4(a)(Misconduct).
The PCC’s Public Censure imposed several practice management conditions and requirements for Attorney Marshall to comply with under the supervision and monitoring of an experienced New Hampshire attorney. Bar Counsel Scott Davis informed the Court that he has confirmed the following current information with the General Counsel of New Hampshire’s Attorney Discipline Office: 1.) Attorney Marshall’s probationary period with conditions has been completed to the satisfaction of the New Hampshire Discipline Office; and 2.) As a result, on August 20, 2013 the PCC closed its matter concerning Attorney Marshall.
Accordingly, the Court finds that reciprocal discipline in Maine is warranted and so orders that Attorney Keri J. Marshall is now reprimanded in Maine for her violation of the above-referenced Maine Rules of Professional Conduct.
Andrew M. Mead
Maine Supreme Judicial Court