Douglas' Case

937 A.2d 891, 156 N.H. 613, 2007 N.H. LEXIS 235
CourtSupreme Court of New Hampshire
DecidedDecember 28, 2007
DocketNo. LD-2003-004
StatusPublished
Cited by6 cases

This text of 937 A.2d 891 (Douglas' Case) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglas' Case, 937 A.2d 891, 156 N.H. 613, 2007 N.H. LEXIS 235 (N.H. 2007).

Opinion

BRODERICK, C.J.

On July 11, 2003, the Supreme Court Committee on Professional Conduct (committee) filed a petition seeking disbarment of the respondent, Caroline G. Douglas. The Judicial Referee (Horton, J.) found by clear and convincing evidence that the respondent violated New Hampshire Rules of Professional Conduct (Rules) 1.15(a)(1), 1.15(c), 8.4(c) and 8.4(a), and recommended a five-year suspension as a sanction. The committee recommends disbarment. We conclude that the respondent’s conduct warrants disbarment.

I

The referee made the following findings of fact. On June 14, 1994, Marjorie VanderKruik retained the respondent to represent her in her divorce. The retention agreement provided that VanderKruik would reimburse the respondent’s law firm, Douglas & Douglas, for all costs advanced and expenses incurred that were directly related to the legal services provided. The agreement further provided that, each month, the firm would render a statement to VanderKruik that detailed the time and expenses incurred. The agreement provided that “fees for legal services and other chargeable expenses” would be paid upon presentation of the statement “unless [another] mutually satisfactory agreement” was made. Under the agreement, VanderKruik agreed to pay a $5,000 retainer and that the amount of each bill would first be paid out of the retainer account. She also agreed that whenever the retainer was reduced, she could be asked to replenish it. At the end of representation, any balance left in the retainer account would be used to pay the final bill and any portion left over would be returned to VanderKruik. The referee rejected testimony by the respondent that she and VanderKruik later entered into another fee agreement, finding that such testimony lacked credibility.

On June 10, 1997, the respondent’s then-husband, Charles Douglas, whom she was in the process of divorcing, filed an attorney’s lien against VanderKruik in the amount of approximately $65,000 for services rendered by the law firm of Douglas & Douglas in VanderKruik’s divorce. The superior court ordered that issues regarding the validity, amount and [615]*615payment of the lien would be determined in the respondent’s divorce case, not in VanderKruik’s divorce case.

The final decree in VanderKruik’s divorce was entered on June 23,1997, and judgment in the case was entered on September 8, 1997. The decree awarded VanderKruik the funds in an escrow account held by Attorney Robert Bowers, who represented VanderKruik’s ex-husband. VanderKruik intended to use the funds, which were partial proceeds from the sale of the marital home, to pay the remaining debts and financial obligations associated with the sale of the residence, as required by the divorce decree. The respondent suggested to VanderKruik that the funds in the escrow account be forwarded directly to the respondent’s trust account so that she could protect them and keep them safe from Mr. Douglas. The respondent told VanderKruik that if the funds were turned over to VanderKruik directly, Mr. Douglas would take them.

On August 18, 1997, Attorney Bowers responded to an inquiry from the respondent about closing the escrow account. He indicated that before he could close the account, he needed a signed statement from VanderKruik requesting the release of the escrow funds. He wrote that if VanderKruik “wishes to have the funds wired to [the respondent’s] account, rather than have the account closed out and a check made payable to her, then the statement signed by her should specify that”; otherwise under the escrow agreement he was obligated to ensure that the check was made out to VanderKruik. Consequently, VanderKruik signed a statement on August 18, 1997, requesting that Attorney Bowers authorize the bank to wire the balance of the escrow account to the respondent’s trust account. On August 25, 1997, the bank completed the wire transfer of $49,790.44 from the escrow account.

On September 15, 1997, a hearing was held in the respondent’s divorce case. Instead of attending the hearing, the respondent went to the bank and withdrew the $49,000 from her trust account that Attorney Bowers had wired to her, leaving approximately $790. The respondent testified that she withdrew the $49,000 because she had a “premonition” that if she did not do so, Mr. Douglas “would take it somehow.” She took the money in cash, converted it into Traveler’s Checks and put them into a safe. She testified that she took the money from the trust account as her fee. She justified taking the money because she was “in a cash crunch” and “really needed [it],” in contrast to VanderKruik, who was living with a multimillionaire boyfriend who had “taken care of her for years.”

Shortly after withdrawing the money, the respondent spent approximately $22,000, paying fees to new attorneys who were taking her clients, paying her payroll and paying her operating bills. She did not hold any of the $49,000 in anticipation of a dispute about its disposition between [616]*616her and VanderKruik, between her and Mr. Douglas, or between VanderKruik and Mr. Douglas. At approximately 4:00 p.m. on September 15, 1997, Mr. Douglas moved ex parte for an attachment of the respondent’s trust account, alleging that a partner of his was at the respondent’s bank at 10:00 a.m. that day and heard the respondent discussing withdrawing $49,000 from that account. The court granted the motion, ordering that the respondent not cash or negotiate or otherwise withdraw any funds she held for VanderKruik until further court order.

On September 17, 1997, the respondent sent VanderKruik a letter advising that Mr. Douglas had “placed an attachment on all of the Law Office of Caroline G. Douglas bank accounts,” which included “the account in which I hold your trust funds.” The respondent told VanderKruik that the attachment affected the respondent’s and VanderKruik’s access to VanderKruik’s funds. The letter did not inform VanderKruik that, before the attachment was issued, the respondent had withdrawn the $49,000 that had been wired to the respondent for VanderKruik’s benefit.

On September 22, 1997, the respondent sent another letter to VanderKruik, informing her that the respondent was closing her law practice and advising her to obtain another attorney. She also advised VanderKruik that she would “work to obtain a release of the attachment of your funds if your funds have been improperly attached by Charles Douglas.” She further informed VanderKruik that her billing department would send a final accounting within two weeks and that she would “forward the balance of [VanderKruik’s] retainer account.” The respondent did not inform VanderKruik that, in fact, she had already withdrawn the $49,000 from her trust account and applied it to VanderKruik’s fees.

On September 23,1997, the respondent informed VanderKruik by letter that she was claiming and attaching the proceeds of the escrow account previously held by Attorney Bowers and that she had a “lien of approximately $50,000” on the proceeds. She requested that VanderKruik contact her immediately to “arrange a written agreement for installment payments” on the outstanding bill. She did not inform VanderKruik that she had already taken the proceeds of the escrow account and was in the process of spending them. The referee found that, based upon this correspondence, VanderKruik reasonably believed that the $49,000 remained in the trust account.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Appeal of Hoppock
2025 N.H. 18 (Supreme Court of New Hampshire, 2025)
Appeal of Stacy
164 N.H. 706 (Supreme Court of New Hampshire, 2013)
O'Meara's Case
54 A.3d 762 (Supreme Court of New Hampshire, 2012)
Morse's Case
7 A.3d 1259 (Supreme Court of New Hampshire, 2010)
Wyatt’s Case
982 A.2d 396 (Supreme Court of New Hampshire, 2009)
Conner’s Case
965 A.2d 1130 (Supreme Court of New Hampshire, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
937 A.2d 891, 156 N.H. 613, 2007 N.H. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-case-nh-2007.