Substantial Similarity

The New Hampshire Supreme Court rejected a plea for reciprocal disbarment in a matter where Massachusetts had imposed an indefinite suspension

 The [Professional Conduct Committee]  argues that disbarring Greene is consistent with the ABA Standards for Imposing Lawyer Sanctions (2005), which we have used for guidance in other cases. See, e.g., O’Meara’s Case, 164 N.H. 170, 179 (2012). However, the SJC reached its decision on sanctions after extensive process and review of Massachusetts law. A hearing committee of the Massachusetts Board of Bar Overseers (BBO) held five days of evidentiary hearings, at which 12 witnesses, including a number of homeowners, testified and 293 exhibits were admitted. In its 45-page report, the committee compared the facts of this case to numerous prior Massachusetts cases before reaching its recommendation that Greene be indefinitely suspended from the practice of law and be given credit for his prior suspension in this matter by being permitted to seek reinstatement 19 months before he would otherwise be entitled to do so.

As indicated above, the court noted that the matter had been extensively litigated in the Bay State

The PCC argues that New Hampshire case law supports disbarring Greene. However, the PCC acknowledges that this “case presents a unique factual background and there is no New Hampshire case law directly on point.” Furthermore, the transactions for which Greene was sanctioned took place in Massachusetts and involved Massachusetts real estate owned by citizens of Massachusetts. As a matter of comity, we decline to impose a more severe sanction than Massachusetts found appropriate in this case.

Although New Hampshire does not provide for an indefinite suspension, during oral argument, the parties agreed that a suspension for five years is “substantially similar” to an indefinite suspension. Accordingly, we order that Evan A. Greene is suspended from the practice of law in New Hampshire for a period of five years with credit for all time that he has been suspended in New Hampshire in connection with case numbers LD-2011-0009 and LD-2015-0013. Greene’s readmission is conditioned upon proof that he has been reinstated to practice law in Massachusetts.

(Mike Frisch)