Otis' Case

609 A.2d 1199, 135 N.H. 612, 1992 N.H. LEXIS 92
CourtSupreme Court of New Hampshire
DecidedJune 2, 1992
DocketNo. LD-90-028
StatusPublished
Cited by11 cases

This text of 609 A.2d 1199 (Otis' 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
Otis' Case, 609 A.2d 1199, 135 N.H. 612, 1992 N.H. LEXIS 92 (N.H. 1992).

Opinion

BROCK, C.J.

In December 1990, the Supreme Court Committee on Professional Conduct (committee), in accordance with Supreme Court Rule 37(13), brought a petition to disbar the respondent, Attorney James D. Otis. The committee moved for a suspension of the respondent pending a determination of the disbarment petition, to which the respondent did not object, and he was temporarily suspended from the practice of law. By order of this court, a hearing before a referee {Maher, J.) was held. The referee found, by clear and convincing evidence, that Attorney Otis had violated the Rules of Professional Conduct (Rules) 1.7(b), 1.8(b), and 8.4(a).

This ease centers on the respondent’s improper behavior towards six female clients. Evidence, in the form of affidavits and testimony, from all six women was presented at the hearing before the referee. Pursuant to a protective order issued by this court, the witnesses were referred to by their first name and last initial.

[614]*614In 1988, Sara B. sought a divorce from her husband, who was allegedly abusing her and two of her four children. The division for children and youth services was investigating her husband for child abuse and Sara B. believed that she would be at risk of losing custody of her children if she allowed her husband to return home.

Upon locating the respondent’s name in the yellow pages, Sara B. retained Attorney Otis to represent her. The respondent filed a divorce libel on behalf of Sara B., alleging severe emotional harm and cruelty. Her husband did not make a claim of fault against her.

Sara B. was having financial difficulties, as her husband was not making support payments and she was responsible for the mortgage and taxes on the house as well as living expenses for herself and her four children. She had difficulty meeting these expenses on her own, and she feared losing her home. Rather than suffer foreclosure she preferred to sell the property, but her husband refused to give her legal authority to sell it.

In July 1989, Sara B. began working as the respondent’s secretary. In exchange for her work, the respondent agreed to continue representing her at no charge with the understanding that she would do as much work on her case as possible and that she would receive less salary than he would otherwise pay. She continued to work at a full-time second job in an effort to make ends meet.

When Sara B. started working for the respondent, another woman also worked there, but she soon left. Thereafter, the respondent began making inappropriate sexual remarks and jokes to Sara B. He soon began locking the front office door and making overt sexual advances toward her. These events occurred at least twice a week and seemed to arise “almost universally as a result of a phone call from his wife.” Sara B. quickly learned never to get caught in a corner and to keep a desk or a chair between them. She found that she could talk him out of these advances by reminding him of his wife. No advances were ever made in front of a third party.

On Friday, November 24, 1989, the day after Thanksgiving, the advances escalated to assault. On that day, a scheduled holiday, Sara B. nevertheless went to the office to close out old files. When she arrived, she was surprised to find the respondent there. His wife called, and after talking with her, he came into the room where Sara B. was working and locked the door. When she tried to get up off the floor from where she was working, the respondent kicked her under the chin, forcing her to fall over backwards. He then picked her up [615]*615and, over her objections, carried her to the couch in his office and began to sexually assault her.

Sara B. tried to talk him out of it, but to no avail. Then she remembered that Attorney Otis had a recent arm injury and she pushed against it. The respondent complained that she was hurting him, and she continued to push. Finally, the respondent said “This is wrong,” and loosened his grip. She pushed him off and escaped.

Sara B. went to a friend’s house where she spent the night. The next day, she returned home to find numerous messages on her answering machine from Attorney Otis apologizing to her. Shortly after she finished listening to the messages, she received another call from him. After Sara B. screamed at him and asked him if he realized what he had done, he replied that he knew he had “violated her,” apologized, and said, “It won’t happen again.”

Sara B. felt she was unable to quit her job with Attorney Otis due to the threatened loss of her house, her financial situation, and because a final hearing on her divorce and child custody was scheduled for December 1989. She returned to work, and, although she was never physically assaulted again, the verbal harassment quickly resumed.

Throughout the time of her employment with the respondent, Sara B. was under stress and was in therapy for depression. In fact, she regularly left work with Attorney Otis’ approval to attend her therapy appointments. On the Monday following the assault by Attorney Otis, she saw her psychotherapist, Sydna Julian, and described the assault of the previous Friday. Dr. Julian’s notes of that session corroborated Sara B.’s testimony. Dr. Julian had also taken notes in previous sessions that reflected the ongoing sexual harassment as described by Sara B.

Shortly before the divorce and custody hearing, which had been postponed to May 1990, Sara B. obtained her therapist’s notes in order to respond to a discovery request from her husband. For the first time, she learned that her therapist had taken notes regarding the sexual assault by Attorney Otis. Fearing this could harm her case, she secretly removed these notes. Before the hearing, her psychotherapist, who had learned what Sara B. had done, told her that because her husband had not been provided with a complete set of notes, he would not be able to testify on her behalf. He also advised her to meet with an independent attorney.

As a result of her meeting with a new attorney, she dismissed Attorney Otis and filed a motion to continue. The motion disclosed the sexual assault, and the superior court notified the committee of the [616]*616respondent’s misconduct. On December 19,1990, the committee filed its petition with the supreme court requesting the respondent’s disbarment.

Following publicity concerning the committee’s petition, five other former clients of the respondent, all female, came forward with stories of sexual harassment and inappropriate behavior by the respondent that tended to corroborate Sara B.’s allegations. All but one of the women were involved in divorce proceedings, and all were vulnerable. In each case, the respondent made sexually inappropriate remarks, and in all but one of the cases, the clients dismissed him as their counsel before obtaining the result for which he had been hired.

In his defense, the respondent offered medical evidence that, due to a prior head injury, he suffers from a sexual misconduct disorder “that causes him to have seizures which unpredictably change his character and [cause him to] lose complete control of his sexual conduct without being aware of what he is doing.” According to Dr. Henry Astarjian, a neurologist, the respondent suffered from “partial complex seizures” that would affect his sexual conduct. According to the doctor, these seizures “force[d] him ... to be engaged in an unsocial behavior. And that is out of his control. He can’t control it even if he wanted to.” Dr.

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

Related

State v. Veale
919 A.2d 794 (Supreme Court of New Hampshire, 2007)
Attorney Grievance Commission v. Culver
849 A.2d 423 (Court of Appeals of Maryland, 2004)
In Re Ashy
721 So. 2d 859 (Supreme Court of Louisiana, 1998)
In Re Berg
955 P.2d 1240 (Supreme Court of Kansas, 1998)
In re T.J.S.
692 A.2d 498 (Supreme Court of New Hampshire, 1997)
In Re Howard
912 S.W.2d 61 (Supreme Court of Missouri, 1995)
Daigle v. City of Portsmouth
630 A.2d 776 (Supreme Court of New Hampshire, 1993)
Neelley v. State
642 So. 2d 494 (Court of Criminal Appeals of Alabama, 1993)
Jones' Case
628 A.2d 254 (Supreme Court of New Hampshire, 1993)
Robertson's Case
626 A.2d 397 (Supreme Court of New Hampshire, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
609 A.2d 1199, 135 N.H. 612, 1992 N.H. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otis-case-nh-1992.