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In re Bosse's Case

920 A.2d 1203 (2007)

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In re Bosse’s Case

New Hampshire Supreme Court

920 A.2d 1203 (2007)

Facts

Leigh Bosse (defendant) was an experienced lawyer and real estate agent. Acting solely as a real estate agent, Bosse offered to list Raymond Grimard’s property for sale and to sell it to one of Bosse’s builder clients for a set price. Grimard was interested in the deal, and Bosse sent over a listing agreement and a sale agreement for Grimard to review. By rule, Bosse could not list property on the computerized multiple-listing service managed by the Northern New England Real Estate Network (NNEREN) until he had a signed listing agreement. However, at the request of the builder client, and believing that Grimard was going to sign both agreements, Bosse prematurely listed Grimard’s property on the NNEREN. The NNEREN contacted Bosse asking for verification that he had a signed agreement for the listing. Rather than admit that he had posted the listing too soon, Bosse forged Grimard’s signature on a listing agreement and a sale agreement. Bosse sent the forged documents to the NNEREN with a note that the sale agreement was in effect. However, Grimard had actually signed a listing agreement with a different agent, and Bosse’s fraud was discovered. Eventually, Bosse lost his real estate license. In addition, the attorney-disciplinary office (plaintiff) charged Bosse with violating the rules of professional conduct for engaging in dishonest and fraudulent conduct regarding the real estate listing and asked for Bosse to be disbarred. Bosse had no prior professional-misconduct complaints. Further, Bosse cooperated with the investigation of the charges and exhibited remorse for his conduct. The Supreme Court Professional Committee found Bosse guilty and suspended Bosse’s law license for six months. The attorney-discipline office appealed the ruling to the New Hampshire Supreme Court, requesting disbarment.

Rule of Law

Issue

Holding and Reasoning (Dalianis, J.)

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