67 A.3d 280
Vt.2013Background
- Respondent Timothy A. O’Meara, a Vermont attorney, was disbarred in New Hampshire in 2012; Vermont issued a reciprocal-discipline order under AO 9, Rule 20, requiring imposition of identical discipline unless four grounds apply.
- NH disbarment arose from a contingent-fee dispute over a 11 million settlement for a quadriplegic client, involving alleged unauthorized settlement, conflict of interest, and deceit.
- NH findings included: unauthorized settlement offer, fee manipulation to secure a $2 million fee, and false testimony at arbitration; the NH panel recommended disbarment; NH Supreme Court affirmed disbarment.
- Vermont is obligated to impose the same discipline absent evidence showing due process problems, infirmity of proof, grave injustice, or substantially different discipline; respondent raised such grounds but the Court rejected them.
- The Court concluded that disbarment in Vermont is warranted to protect the public and professional integrity and filed the identical sanction without modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vermont should impose identical discipline. | O’Meara seeks identical disbarment under AO 9, Rule 20.D. | O’Meara argues grounds exist to avoid identical discipline. | Identical discipline imposed. |
| Whether any due process issues negate the NH discipline. | No due-process defects shown. | Panel bias and procedural concerns alleged. | No due-process violations found. |
| Whether NH findings of misconduct are infirm. | NH findings supported by record. | Evidence insufficient or improperly weighed. | NH findings not infirm; supported by clear and convincing evidence. |
| Whether imposing the same sanction would be grave injustice. | Disbarment necessary to protect the public. | Disbarment unjust due to perceived client dissatisfaction. | No grave injustice; disbarment affirmed. |
Key Cases Cited
- O’Meara’s Case, 54 A.3d 762 (N.H. 2012) (NH disbarment decision upholding misconduct findings)
- In re O’Meara’s Case, 834 A.2d 235 (N.H. 2003) (prior NH disciplinary conduct involving lying to a tribunal)