BRUZGA'S CASE

No. LD-95-009.

142 N.H. 743 (1998)

BRUZGA'S CASE

Supreme Court of New Hampshire.

May 11, 1998.


Attorney(s) appearing for the Case

Paul A. Maggiotto, of Concord, by brief and orally, for the committee on professional conduct.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Jack B. Middleton and Scott H. Harris on the brief, and Mr. Middleton orally), for the respondent.


BRODERICK, J.

We have accepted several questions transferred without ruling by a Judicial Referee (Dunn, J.), requiring us to determine whether and to what extent the doctrine of offensive collateral estoppel applies to attorney discipline proceedings. We conclude that it may apply when the burden of proof in a prior proceeding equals or exceeds the clear and convincing burden governing the disciplinary proceeding. For the reasons recited below, however, we...

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