NEW HAMPSHIRE SUPERIOR COURT

PLAINTIFF: EDWARD C. FURLONG '" 1455 US ROUTE 302 / PO BOX 447 BARTLETT,NH 03812

March 14. 2011

v.

DEFENDANTS: RANDALL COOPER 2935 WHITE MOUNTAIN HIGHWAY NORTH CONWAY, NH 03860 AND COOPER, CARGILL AND CHANT, P.A. 2935 WHITE MOUNTAIN HIGHWAY NORTH CONWAY, NH 03860

* * *

**

* * * *

* * * *

BREACH OF FIDUCIARY DUTY/LEGAL MALPRACTICE COMPLAINT

1. I, Edward Furlong, submit this complaint against Attorney Randall Cooper of Cooper, Cargill and Chant, P.A. of2935 White Mountain Highway in North Conway. New Hampshire. I assert that Mr. Cooper had a conflict ofinterest representing my competitor, Peter Gagne d/b/a Northern by both

Extremes Sports and

Recreation, INC., and my businesses,

Lil' Man Snowmobl1e Rentals Inc., and Abenaki

Inn & Cabins Rentals; and exacerbated that conflict of interest by Mr. Cooper's multiple dealings with the Town of Bartlett on other matters that weren't in my best interest. I further submit that Attorney Cooper had information and documents in his possession (t.e., plat, deed and cesspool design), that he found during a regular title search of my property, which so dearly showed my property's physical assets of having an 'existing right of way' or ROWand public and private easements attached to my historic lodging property through its chain of ownerships (see Exhibits 16, 17 and 18), all documented, that Mr. Cooper so grossly mishandled, that he was negligent in his representation of me and my businesses from the very beginning. These negligent actions by Mr. Randall Cooper has caused me to lose many customers that once patronized my businesses and has caused me great finandal hardship, and this In turn has diminished my abUfty to function properly as a human being due to the enormous amounts of stress I'm currently under.

2. I, Edward Furlong, retained Mr. Cooper in January of 2008. The very first thing that Mr. Cooper filed on my behalf was a civil action against the Town of Bartlett, the Bartlett Water Precinct and the United States of America dated December 18, 2008 in the US District Court for the District of New Hampshire. This was not the correct court to file my case in and the Honorable Judge Muirhead, a Judge for the US District Court, District of New Hampshire presiding over this case, was forced to dismiss my case because it was not in the proper jurisdiction even though he Sided with me based on the merits of the case. Attorney Cooper then filed the same complaint in New Hampshire Superior court (under different cover) and It was bounced back to federal court as the "United States of

America was a defendant", so stated the U.S. Deputy District Attorney David Plourde and requested it's return. Somehow the complaint ended up back in state court In front of the honorable Judge Steven Houran, but was dismissed by the Honorable Judge because of the Temporary Access Agreement (hereafter referred to as TAA) that Attorney Cooper had me sign, precluding me from asserting my property rights under an Intentional action of Tort and thus forfeiting all my property rights regarding the ROW that dates back to 1878. Attorney Cooper was unable to even get these issues heard by a judge and with the time constraints of my season (snowmobile business) fast approaching. Attorney Cooper then put me in the unenviable position of having me sign the TAA In an eleventh hour move. Had Mr. Cooper correctly filed the initial complaint or not waited until the last minute to file, these jurisdictional matters would not have been a problem and I would not have been forced to sign the TAA. This alone shows cause and prejudice, had Mr. Cooper reasonably researched the legal landscape of where to file my original case or had formatted the case properly for that court there is more than a reasonable probability that the outcome of the proceedings would have been different. Judge Muirhead confirms this with his words on January 11, 2010 in the Transcript of Recordings of Central Violations Bureau Hearings included with this Complaint as Exhibit 1 where he states that he would have found in our favor if he had been allowed to decide the case. I am now precluded from defending my property rights in a court of law because of the Rooker Feldman Doctrine and res judicata/estoppel; Irregardless,

Mr. Cooper chose to espouse a dialogue with these rogue selectmen in his actions to deny me as a client certain fundamental constitutional rights of due process and rights to

property from my adversaries (see U.S.C TItle 18 Section 242). If Mr. Cooper would of filed the correct judicial Tort motions pertaining to my ROW In the correct court that I have in Plat and Deed in hand for, none of my troubles would've ever happened. This has diminished my property value by 35% and has allowed the town to place unsightly rocks - "blockading my property to enter my lodging cabins for my rental customers as seen in Exhibits 34 and 3S.

_]
t

3. Mr. Cooper was cognizant that there was a selectman in Bartlett, New Hampshire, a Mr. Douglas Garland, who has continually nurtured through the years, a clear conflict of interest with me and my businesses, LiI' Man Snowmobile Rentals, INC. and Abenaki Inn & Cabins Rentals; and that Mr. Garland operates a cross country ski business and a cabin rental bU5!neSS(Bear Notch Skiing Touring Center and Mountain Home Cabin Rentals) just ~ mile from my two similar bustnesses and his cross country skiers/customers share the same New Hampshire Bureau of Trails that my snowmobile customers use making for idisenchantment' between these two 'social opposites' of recreational users (Le., Mr. Garland has continually harassed me and my

cross country skiers v. snowmobilers).

businesses over this dash.n. between our customers because cross country skiers and snowmobilers very seldom see eye to eye or get along with each other (call it trailside etiquette); however, and through the years, through his position with the Selectman's . Office in Bartlett Doug Garland has used his position as selectman to better serve his own personal and business endeavors and hinder mine. This has caused me tolile Ethics charges against Doug Garland as seen in Exhibit 26. Attorney Cooper was aware of Mr.

Garland and his conflict of interest and his repeated abuse of my businesses though his position as Selectman yet despite my repeated requests for Attorney Cooper to insist that Mr. Garland recuse himself from any decisions regarding myself or my businesses and certainly prohibiting Doug Garland from being one of the 'drafters' of the TAA. Mr. Cooper never requested anything on my behalf while he was representing me. On multiple occasions I Questioned Attorney Cooper as to why he was not asking Selectman Doug Garland to step down as Selectman while deciding on issues relating to me and my businesses and the ROW I was fighting for and Attorney Cooper kept insisting that it was not proper and that he could not force Mr. Garland to step down as Selectman. This is and actionable cause by Mr. Cooper in that he should have requested a recusal on at
\

least one selectman in drafting the TAA and that being Mr. Douglas Garland. This has caused me great hardship and financial loss, not to mention the strain it imbued into my personal relationships, due to Mr. Coopers actions I am, left to the mercy of the court. Recentty, however, my competitor, Peter Gagne of Northern Extremes and Mr. Cooper, asked Mr. Garland to recuse himself from deciding issues related to Northern Extremes and Mr. Garland readily complied and has recused himself from all deciSions regarding Northern Extremes as seentn Exhibit 2 and 31, newspaper articles that say that Mr. Garland recused himself from deciding issues relating to Northern Extremes. Attorney Cooper should have insisted that Mr. Garland recuse himself from deciding issues relating to me, my businesses and my property as he has such a clear conflict of interest and since he has recused himself from deciding issues regarding Northern Extremes. I deserved the same treatment as Northern Extremes and as my attorney, Mr. Cooper

should have insisted on it. Again, Attorney Cooper was more concerned with maintaining his cordial relationship with Peter Gagne of Northern Extremes, the Town of Bartlett and the Selectmen than he was with providing me with proper and effective counsel. It's to be noted that Mr. Cooper ha~ many 'fast litigants' that pay their legal fees abruptly and IAI~-511:v{~fIftlf ~'/}!{)/II~'( I~ r()~fIA~( there is a 'revolving money watershed', jf.yetrWi11,10r Cooper, Cargill and Chant's' law firm that flows through the Bartlett Selectmen's office by way of applications for septic approvals, building code violations, etcetera, and its has been a continuous source of money making revenues for the law firm of Cooper, cargill and Chant, this is cause for prejudice f~comparing Hampshir my int,erest to that of the municipalto.wn of Ba'1len, New
19{(/~~A-1tf
I
fa",

IJ~

illl~f?f /) ~~(#.k~/r; ('vitI) ~,&~

~u,~s

and if Mr. Cooper were to "Stir the Pot" as he himself has termed It than this

could create problems with 'stonewalling' by the Selectmen on some of his other 'fast money litigants'. Mr. Cooper had no right representing my businesses with such a huge case as my ROW, considering Mr. Cooper's current position with other litigants associated with the selectmen's office and planning board that created further conflict with my own legal Issues. Not with such a documented history of contlkt between Doug Garland and Edward Furlong. From the outset the Selectmen showed malice and animosity towards me and my businesses, but I have documented evidence against Doug Garland and Mr. Cooper was cognizant of that Information. This is another actionable violation by my attorney Mr. Randall Cooper to allow Selectman (Doug Garland) who has such a clear conflict of interest with Edward Furlong and lil' Man Snowmobile Rentals that Edward Furlong never stood a fair and equitable chance at
I

prevailing at anything with being subject to this serious issue with Doug Garland. My

. "

ROW was not a decommissioned right of way by anyone and was used by the general public and my businesses uninterrupted since at least 1878. With such tortious acts

committed against myself and my property rights Mr. Cooper was negligent in not Intervening in some posture that would have prohibited the abuse by this one rogue selectman and to allow me the benefit as a client to receive due process and fair dealing with this situation of legality in my land dispute (see Richard v. Good Luck Trailer Court, Inc., 157 NH 65, 70. 2008).

4. Mr. Cooper knew of this conflict as seen in Exhibit 32 where he references the Bartlett Selectman's discrimination against me and mistreatment towards me, my property and my businesses. Mr. Cooper never Insisted through a formal written request or even a verbal request that Bartlett Selectman Doug Garland recuse himself with my issues when Mr. Garland recused himself from deciding Northern Extreme issues but while Attorney Cooper was representing me, he also represented Peter Galne, owner and operator of Northern Extremes. Northern Extremes is another snowmobile rental company in Bartlett New Hampshire. Peter Gagne has been my competitor and has copied my business model since coming to town and opening his snowmobile rental company in 2005. Peter Gagne and I have had numerous altercations through the years as business competitors that Attorney Cooper was cognizant of. One such incident involved Peter Gagne, while being vice president to the local trail club (White Mountain Trail Club) Peter Gagne omitted

my right

of way (ROW) adjacent to my property by

fudging out or deleting it from the snowmobile trail map that Mr. Gagne was

conveniently trevising'; and subsequently, Peter Gagne handed this new and revised map over to the Bureau of Trails to be updated within their data base and to order a 'new print' for the map, leaving my businesses shut out of that media source (a trail map). This meant that Peter Gagne's business would prosper forthwith as the only snowmobile rental facility with direct trail access; and subsequently rerouting the trail to his business. When I found out that Mr. Cooper has been representing my competitor and arch nemesis Peter Gagne of Northern Extremes simultaneous with me as a client I was mortified. It was Peter Gagne who had manipulated the system (New Hampshire Bureau of Trails) against me by obliterating my business from an official trail map, I became livid at this travesty. Exhibit 3 is a computer print out from the New Hampshire Corporate Division showing that the law firm of Cooper, Cargill and Chant is the firm on record as the Registered Agent/Law Firm for Northern Extremes Sports and Recreation Inc.. Exhibit 4 is the 2006 New Hampshire Annual Report showing that Peter Gagne is the owner and president of Northern Extremes Sports and Recreation. This is a clear conflict of interest on the part of Mr. Cooper according to the American Sar Association's Model Rules of Professional Conduct. Rule 1.7 (a) (2) states that a conflict of interest exists if there is a "significant risk that the representation of one of more clients will be materially limited by the lawyers responsibilities to another client". Peter Gagne is my competitor and my enemy, he has always tried to take business from me and smear the UI' Man name and Edward Furlong's name. It was Peter Gagne, acting as vice president of the White Mountain Trail Club, who 'fudged' the snowmobile trail map to hurt LW Man's business. Mr. Cooper was well aware of these facts and still took me on as a client

--

__......-,,--

and did not disclose that Peter Gagne was also a client. I do not have to assert that Mr. Cooper used information he gained from Peter Gagne against me, as the 7th circuit court found in 1983 in Analytica, Inc. v, NPD Research Inc, "For rather obvious reasons a lawyer is prohibited from using confidential Information that he has obtained from a client against that client on behalf of another one. But this prohibition has not seemed enough by itself to make clients feel secure about reposing confidences in lawyers, so a further prohibition has evolved: a lawyer may not represent an adversary of his former client if the subject matter of the two representations is "substantially related," which means: if the lawyer could have obtained confidential Information in the first representation that would have been relevant in the second. It is irrelevant whether he actually obtained such information and used It against his former client". Peter Gagne's business and my business are most assuredly "substantially related". Mr. Cooper's representation of us both is comparable to one attorney representing both Microsoft and Apple simultaneously or McDonalds and Burger King, the Interests of these companies are obviously different as they are in direct competition just as Peter Gagn~ and I are in direct competition. To showcase this conflict I submit Exhibit S, this conflict of interest is real and has adversely affected my case and my representation by Attorney Cooper. In this email from Mr. Cooper to Doug Mansfield, Mr. Cooper references how a mistake occurred by DRED/NHDOT with regards to Mr. Cooper representing both myself and Peter Gagne. This is a deal Randy Cooper was working with Peter Gagne on as a client to acquire his own trail access for his snowmobile rental business and you can see the deal I had going on with DREOthat subsequently fell through the 'proverbial' cracks (see

Exhibit 28) as seen by a letter I received from DRED (see Exhibit 36, a summary of Martrons GP, Inc. v. Pepper, Hamilton & Scheetz PA 241; 602 A2d 1277. PA, 1991).

S. Mr. Cooper's handling of the TAA is another example of his gross negligence and bad advice. There are actuallv three Temporary Access Agreements that I have signed. The ~. 'first was signed on December 23,2008 and states that I will work with the New Hampshire Bureau of Trails and the Bartlett Water Precinct and the US Forest Service to create a public parking area on my property and in turn receive permanent public access to the snowmobile trails and seen In Exhibit 6. The second Temporary Access Agreement was signed on March 13, 2009 and gives me a permanent easement along the GBR to access the rental cabins on my property as seen as Exhibit 7. The third Temporary Access Agreement signed February 13, 2009 takes away my rights to sue the Town of Bartlett and the Bartlett Water Precinct as seen in Exhibit 8. It is this third TAA'that I signed under extreme duress and at the insistent advice of my attorney, Mr. Randall Cooper. Mr. Cooper had just returned from a two week vacation in Mexico and in another' eleventh hour phone conversation stated to me, "1 need you to come to my office and sign this agreement". Again. As seen in Exhibit 9, the negotiations were put on hold waiting for Mr. Cooper to return from Mexico. I was in a cnsis, my businesses were on the edge of being shut down by the Bartlett Selectman at my busiest time of the winter snowmobile season, who by their own admissions have control over the small Bartlett Police Department, who are at the beck and call of the Selectmen to enforce a no trespassing order against me on my ROW that my lodging property has used since 1878

K'O.

and the public has used dating back prior to the 19 century; and I was in dire need of my attorney's time, advise and attention and he was no where to be found. Attorney Cooper was not even available by phone or email to discuss these urgently important, time sensitive matters with me. This agreement that I signed was a newer form of the two TAAs that I had previously signed, and though I read through it, I did not fully comprehend the ramifications of what it meant, it seemed just like the other two, but as I found out later it was not. As seen in Exhibit 10, emaJls between Doug Mansfield, representing the Town of Bartlett, and Mr. Cooper, state that I did not want to sign the TAA, even on the last day. However, Mr. Cooper kept telling me over and over that I had to sign it or I would be shut down. The TAA was secretly modified by Selectman Doug Garland and presented to me for signature at the last minute, the Friday before I stood to lose my two busiest weeks of the season, February vacation for New Hampshire and Massachusetts. I was left with no options; if I had been shut down at that point in time by these rogue Selectman (who want to keep the esthetics of their town undisturbed, by oppressing businesses from prospering) I would have lost 75% of my season's revenues. I felt that I had a gun to my head at this point when I signed this TAA. I even put a very small "TO" before my signature for "total duress" which is exactly what I was signing under, the "TO" can been seen on the TAA if a magnifying glass is used. Mr. Cooper did not explain all the possible consequences of signing this document to me and if he had I never would have slgnedit. He actually found humor in that I wanted to put a TO by my signature for total duress; I found no humor In that at all. As the USSupreme Court found in Padilla v. Kentucky (08-651) in March of 2010 if an attorney elects to advise a

.)3/

I)

client with regard to the consequences of their agreements, his affirmative misadvice constitutes deficient representation. I would not have signed this TM if I had been properly informed of the consequences. Two of the Selectmen that modified the third TM at the last minute with Mr. Cooper's blessings were actually already conducting business as usual as Selectmen under the watchful eye of the Attorney General's Office for ethics and criminal violations, Mr. Jon Tanquay and Mr. Gene Chandler. I feel slighted that this TM was crafted by men of questionable ethics as seen in Exhibits 29 and 30. This is an actionable violation by Mr. Cooper in that he deprived me of my right to adequate representation; had Mr. Cooper researched my case more effectively, he would of found more information that would of benefited my business and my ROW. I would've had other options to my disposal regarding a prevailing land dispute with the Town of Bartlett. If Mr. Cooper would've done his job, void of so much conflict, this would've precluded all the negative 'things to do' in what's happening in my life right now. Here is a case in point: filing a complaint against my erstwhile attorney for Breach of Fiduciary Duty when I could be fly fishing somewhere pleasant.

6. To show the court that this argument of ineffective council and malpractice is not something that I am asserting now just to benefit my position I include Exhibit 11. Exhibit 11 is an email I sent to Mr. Cooper on April 9, 2009. II')this email I state that I need to see more from Mr. Cooper and that I need to see something positive and that I am feeling that I am being taken advantage of by Mr. CooPer. Not surprisingly, the response I got back was ~n automated "out of office" response from Attorney Cooper. After the TM

I Z:

had been signed, I immediately began asking Mr. Cooper to file something to get it reversed. I was plagued with anxiety over signing the TAA and knew signing the TAA was the wrong thing to do but Attorney Cooper kept telling me I had no choice. That "we could file and have it rescinded down the road". That in itself allowed me a false sense of hope and security. Mr. Cooper would not even file a Motion to Reconsider when the court's decision to deny to the {motion to rescind} and to vacate the Temporary access agreement (TAA) was ordered by the court as seen is Exhibit 12. I had to file my own {Motion to Reconsider} pro se even though Randall Cooper was still legally retained by me, I was at this point in time very confused and it begs the question if Randall Cooper was ever really acting in my best interest, ever, while he was representing me. Attached as Exhibit 13, please find my motion to reconsider (pro se) which was unsurprlsrngry denied by this court. Unfortunately, I will never know if the motion to Reconsider would have been granted if Attorney Cooper would've filed the motion professionally in my behalf like I had requested him to (see exhibit 12); however, the honorable Judge Steven Houran would know that better than anyone. I was paying Randall Cooper to be my attorney and represent me to the best of his ability, and he being held to certain standards of decency and fairness pursuant to the ABA; and he just gave up. I then wanted to file a civil rights complaint against the defendants and the Town of Bartlett for violating constitutional laws regarding my ROW that I believed to have taken place

regarding due process of law as it pertains to my situation and property rights; and
)

Attorney Cooper flat out refused to file anything further for me. Reminding this court that there were no outstanding balances due from me to the firm of Cooper, Cargill and

Chant that would've precluded any further litigation on Coopers part until

an invoice be

paid. That was not the case. As seen in Exhibit 14, Attorney Cooper tells me that he is not willing to file, or even draft for me to file, any further legal briefs. Mr. Cooper tells me to "cut my losses" and basically just gives up knowing how important these matters

are to me and being well versed about the right of way and easements (as being important to me and my historical lodging property and its value) that having the deed, plat, and cesspool design was fortuitous in its own right and legal but that the deed and Plat needed to be

asserted and pursued In a court of Judldal tort law. Exhibit 15 is

dated January 4,2010 and is Mr. Cooper's Motion to Withdraw, to quit as my council. He states in this motion that, tlgiven the nature of the issue, in particular a contention of the inadequacy of the representation by the undersigned [Mr. Cooper), it is not possible for Mr.

the undersigned {Mr. Cooper1 to continue to represent Mr. Furlong in any matter".

Cooper was aware of my opinion through a letter stating my concerns and wishes dated April91h 2009, and hence, Randall Cooper resigning as my attorney because of it and leaving myself and my companies in a financial hardship.

7. Attorney Cooper also had an underlying conflict/negligence

in taking on this case in

that he placed my interests against the Town of Bartlett's interests. The area that my business is located and the area that Attorney Cooper office is located in is a small area where everybody knows everybody and Attorney Cooper had several other matters lion the table" for review by the Bartlett Selectmen and he told me that he had to "get along" with the Town and "not stir the pot". Attorney Cooper should never have taken

on a case where he would not be able to "stir the pot" or work fully to my benefit in my legal matters because that would involve going against the Town of Bartlett. Attorney Cooper could not afford to get on the Town's "bad side" as he termed rt and that he must deal with them on other issues with other cfients. Attorney Cooper ignored my requests, pleas and finally, demands to file suit against the Town, instead wanting to talk to them and "work something

out", , retained Mr. Cooper as my attorney in January of

2008 with plenty of time before the following snowmobile season as we had talked more in July about my desire to just sue and he stated he wanted to try and talk with the Selectmen but he didn't file suit until December 22, 2008 but wrth no intent of ever arguing it in court. The case just sat on the docket in limbo. I urged and pleaded with him to file suit and I repeatedly told Mr. Cooper that the Town would not deal fairly with me due to the Selectmen's discrimination against me in the past, but he refused to listen

to me or afford credence to what I was telling him; and Mr. Cooper did not initially sue for my actual and tangible rights with the deeded right of way from Alfred Stillings to Frank George deeded in 1878 and as is recorded at the Carroll County ,registry of Deeds at Ossipee, New Hampshire as I repeatedly asked him to do. Afterwards, and after repeated request he did file a case of Preliminary and injunctive relief but did not put the caption of

'Emeraency' like most attorneys would do when confronted with the time
upon us by putting us in this awkward legal

constraints that he himself precipitated

position; and the case just sat there on the docket, stagnant. I paid Mr. Cooper 10,000.00 dollars for that docket space and the injunction/restraining order that never

got heard on its merits. Mr. Coopers negligence, yet again. Mr. Cooper talked to the

/.

I \

Town and worked out the TAA which was never in my best interest but in the best interest of Attorney Cooper and the Town of Bartlett. Attorney Cooper knew, or should have known, that I have such a clear right of way and such a clear easement (both public
"I

and private) attached to my historical lodging property (see Exhibit 24) that I would have won access to the GBR based on the merits of the case; and by signing the TAA, I would be giving up all rights to litigate, and that in it self constitutes gross negligence which in turn constitutes ineffective counsel. Submitted as Exhibit 16 is a plat of my property showing the right of way. The plat states on it, "with right of way across said Stillings land through the pasture ...at the southeast corner of my field". Exhibit 17 is the deed accompanying the plat and is dated October 29, 1878. Exhibit 18 is a cesspool design from 1926 which corroborates the deed (see Breakers Motel, inc., et al v. Sun Beach Montauk Two ,inc., et aI., a summary of which is included as Exhibit 27) that shows the access to the rear of my property as "buggy parking" and the access to the snowmobile trails as "road to forest floor/Bear Notch Road". Attorney Cooper had this plat, the deed and the cesspool design in his possession and had reviewed these documents and easement laws and not only should he not have had me sign the TAA, he never should have even considered it as a viable option for me in this situation. Were it not for Mr. Cooper's gross negligence and conflict of interest I would not have signed the TAA. Randall Cooper explained to me if I didn't sign the TAA they (Bartlett Police) would arrest me and Tim Connifey (Bartlett's police Chief), predecessor to the late Bob Snow, confirmed this with me by actually issuing me a citation for trespassing on public land (the ROW), so I listened to my attorney because I thought he was giving me sound

advice.' had an episode with the police already regarding this issue, therefore the reason' felt I had been violated under constitutional law for false arrest, plus my rights

protected under tort law and under prescriptive easement laws that were being violated against my person that superseded any new laws or ordinances the Selectmen chose to legislate for, or enact, and subsequently, the selectmen trying to extinguish a grandfathered ROW belonging to my property dating back to 1878 makes Mr. Cooper extraordinarily negligent in solving legal issues that would normally be common sense knowledge or practice from other law firms comparable to Cooper Cargill and Chant; that these other law firms abide by standards of fairness and decency that they took a sacred oath to uphold.

8. I have filed a complaint against Attorney Cooper with the New Hampshire Supreme Court Attorney Discipline Office and they are currently evaluating my claims against Mr. Cooper as seen in Exhibits 19, 20 and 21. Exhibit 19 is a copy of the initial complaint' filed with the Supreme Court's Attorney discipline Office on November.16, 2010~ Exhibit 20 is the response letter I received from Mr. James DeHart of the New Hampshire Supreme Court's Attorney Discipline Office. Attomey Cooper responded to the complaint and Exhibit 21 is my response to his answer. I have been in contact with Mr. DeHart ,. regarding this complaint against Attorney Cooper and I believe that there will be disciplinary action taken against Mr. Cooper in the near future. I submit to this honorable court that my former attorney's misconduct, conflict of interest, gross negligence and ineffective counsel is the cause of my continued legal trouble and enormous amounts of

physical and mental hardships due in whole part to these acts of complete breaches of fiduciary duty and propagated with all intent to hurt my businesses by Attorney, Mr. Randall Cooper. If Attorney Cooper had done his job I hired him to do, and abided by the ABA's rules of ethics/procedure and done the job that he agreed to do (unencumbered

with conflict and unethical behaviors) took me on as a client, no further legal action would have been needed as we would have proceeded to court on the merits of the ROW case. Even if the outcome was not in my favor, it would have prevented me from being stuck in this legal limbo with no legal remedies in sight. Had Attorney Cooper not bowed to his relationship with the Town of Bartlett and had he not confused matters by having both myself and my competitor as clients I would not be in the hardship I am now in. Attorney Cooper shirked his duties as my attorney, he placed his best interest ahead of mine, and he should be held accountable for those actions. To make matters even worse Attorney Cooper began to treat me in a peculiar manner in that he would sound patronizing when I would request that he do something that was in my best interest, I continued to be suspicious about this anomaly from my attorney but I was again left with no legal remedies.

9. I have suffered tremendous financial and personal loss due to the ineffective counsel
I.

and gross negligence of Attorney Randal Cooper, of Cooper, Cargill and Chant, P.A., located at 2935 White Mountain Highway, North Conway, New Hampshire. This matter with the ROW I right of way should have been heard on its merits in a court of law; as I requested back in July of 2008 before the 2008/09 winter season was even close to

7,8

I
beginning. Attorney Cooper should have gotten this case in front of a Judge and had it heard on the tangible evidence we had regarding the ROW with deed, plat and cesspool design; instead of trying to 'make a deal' with the Town of Bartlett in the eleventh hour with the board of Selectman that were undoubtedly poisoned against Ed Furlong and his businesses. If Attorney Cooper had done his job properly and used common sense, this case would have been heard and decided on facts regarding the ROW. Unfortunately what's happening now is I'm left to litigate as a pro se plaintiff with more people to litigate against than I know what to do with, to attempt to save everything I've worked so hard for, that is being taken away by Mr. Coopers actions; it's caused me to feel anxious all the time from morning to night and have stomach cramps from the constant stress (see Exhibit 37, a summary of Wagenmann v. Adams 829 F. 2d 196. 1ft Circuit September 9, 1987), and I spend more time agonizing over something that's really out of my control, I beg this court to remedy my hardships that has been eating at my very core-being; this is a no win battle than I am struggling with, it is consuming my life because of the actions of Mr. Randall Cooper; or the continued lack of resolution that I stili find myself mired in because of Mr. Cooper and his lack of quality representation regarding my business affairs. Attorney Cooper had the deed and plat and cesspool design and he knew the circumstances surrounding my property and businesses and it was his duty as my legal representative to work toward what was in my best interest. Mr. Cooper wasted my titTle and money with a survey to acquire an 'official' public parking lot through DREDand he betrayed me by representing my arch competitor and business enemy at the same time. DREDopted out of the negotiations we were having

because there became a conflict through Mr. Cooper's representing me and my competitor simultaneously. My personal life, my health and my relationships with my family have all suffered as a result of Attorney Cooper's malpractice. Please see Exhibit 22, a letter from my doctor outlining my stress and deteriorating health and relationships. I had what was the largest snowmobile rental company in the northeast and now I am nothing more than a mediocre outfit. Signing the TAA and giving up my right to sue for my access was absolutely not in my best interest and Attomey Cooper , knew the consequences and failed to guide me as my attorney towards the most desirable end result. Mr. Cooper knew that my direct trail access to the National Forest through the ROW exiting the north east corner (southeast corner on plat) of my property is not a baseball field, as he has erroneously referred the ROW to in court documents; confusing the courts as seen on page 14 of his 'Memorandum of law in Support of
-.'.':-t

Plaintiffs' Objection to Motion for Injunctive Relief, and Motion to Rescind Settlement Agreement" filed in New Hampshire Superior Court on December 22, 2008 included as Exhibit 33. Mr. Cooper referred to the road /ROW as the "ball field tract" I always thought that reading the complaint Mr. Cooper filed on my behalf would confuse the outcome if it ever got 'heard' because he referred to the Roadway or ROW as the
It

Ball

Field Tract". That is erroneous and misleading because the Ball field lies east of the ROW; If the court were to read the complaint and had to rely solely on It as an accurate description of what we were asking the court to do it would put in the mind of the court or Jurist that Edward Furlong or LiI' Man is trying to use a public ball field (that in it self only elicits the thought of children and perhaps give the court a false sense of sympathy,

which doesn't make my case look good at all) which in turn elicits from the court/Jurist that kids are involved making the complaint less credible and more ambiguous; but In truth as stated earlier it's a road next to the ball field which Mr. Cooper has continually reiterated this term as "ball field tract" in all his legal briefs filed on my behalf. This Is an oversight by Mr. Cooper I am certain. But this is just a minor defiCiency of performance by attorney Cooper in comparing all other acts of negligence. The ROW that Mr. Cooper so negligently mishandled for me is pivotal for the health of my two businesses (Lil' Man Snowmobiles and Abenaki Inn & Cabin Rentals); something as small as this erroneous term he used "ball field tract" is hurtful and could've prevented the court to recognize my ROW case as it really is. Also, concerning my customers, who are in essence the 'general public', and who travel from all over the world to snowmobile with lil' Man, they are too being denied their rightful access through the ROW that was established in 1878 and making my property less safe without direct trail access through the ROW. Since Randall Cooper took to being my Attorney I am worse off now both finanCially and have suffered a debilitating business loss; meaning, without being able.to have direct trail access through the ROW my real estate has diminished in value and I find it harder to hold employees to their respective jobs as the turn over amongst them seems more frequent now than before, and because' have lost face with most of the local employee pool here in the small town of Bartlett and North Conway, New Hampshire due to ~umors that have spreadthat Lil' Man is going down without his direct trail access or

ROW. The collateral damage inflicted on me by Randall Cooper, losing my ROW to some contract called a TAA that he and the Selectmen (Doug Garland) contrived to draft for

----------------_._._

... _"

... "".

"

the betterment of the Selectmen and not Edward Furlong or lil' Man, he convinced me to sign this TAA which was not in my best interest, but catastrophically enough I had no knowledge of what was happening to me as Mr. Cooper was extremely reticent most of the time when it came to explaining things to me; the unethical miscalculation of representing my foremost competitor Northern Extremes and the subsequent denial from OREOpertaining to a separate business understanding I had going on with OREOfor a public parking facility here on my commercial land would be exclusive to LiI' Man Snowmobile, however, the bottom line would've meant increased overall revenues for the Lil' Man Snowmobile Rentals, from acquiring a publlc'parklng facility off my commercial property. That was a huge deal Mr. Cooper caused me to lose because of his ethics violation; had I known that he was also trying to get Peter Gagne of Northern Extremes access with a separate deal behind my back with OREOI can emphatically state that I would not have used Randall Cooper as my attorney. I felt because of this deal with ORED going south I was denied my public parking facility on my commercial land because of this conflict with my attorney and Mr. Gagne, who also is represented by Mr. Cooper. This Is an actionable violation against Mr. Cooper pursuant to ABA rule 1.7(a}(2). I further state that Mr. Cooper requested an extra 5,000.00 dollars of which I paid to have my property surveyed to be a 'prerequisite' being granted by OREO;which has been terminated/denied to the public parking facility by Randal Coopers actions

and this action of conflict by Mr. Cooper caused me great financial loss of the 5,000.00 dollars plus any extra monies my businesses could've generated by allowing the public to an official state parking area located on my commercial property would of been

advantageous for LiI' Man Snowmobile Rentals since L11' an has general mechandise for M sale as well. But by denying me adequate legal representation for my property rights pertaining to the ROW I will never again have access to the Forest that literally is adjacent to the south and north side of my historical property, and I will never have the opportunity to explore my options with DRED;how infinitely asinine is that from Mr. Cooper's denying me the right to adequate representation. The prior owners of this historical property have enjoyed unimpeded direct trail access since at least 1878. Without my access being perpetuated through tort law like Mr. Cooper should have pursued; rather than having dialogue with third parties and precipitating down on me, the burden of proof, through Mr. Coopers negligence of not pursuing what was rightfully mine through deed and plat as pertaining to the ROW; Mr. Cooper found himself deliberately in Mexico on vacation several times that I am aware of while vital information was needed from him and he was not available to me as a client; and with subtle abandon Mr. Cooper proceeded to disregard the oath he took reverencing the sacred 'Code of Ethics' as he swore to abide by when he graduated from the Bar. Attorney Cooper must be held accountable for his debilitating negligence and his egregious, unethical representation of me and my businesses.

Summary of Proximate Causation

For
Malpractice and Breach of Fiduciary Duty
(a) Attorney Cooper had a clear conflict of interest by representing both Peter Gagne of Northern Extremes Sports and Recreation, Inc. and Edward Furlong of UI' Man Snowmobile Rentals, Inc., and not disclosing to Edward Furlong that Peter Gagne was another client. (b) Attorney Cooper had a clear conflict of interest by representing Edward Furlong in matters relating to the Town of Bartlett as he worked with the Town of Bartlett on other issues. (c) Attorney Cooper never insisted that Bartlett Selectman Doug Garland recuse himself from passing judgment on issues and decisions relating to Edward Furlong, lil' Man Snowmobile Rentals, Inc. and Abenaki Inn & Cabins.
','

(d) Attorney Cooper brought the TAA to Edward Furlong to sign and in fact even insisted that he sign it, knowing it was not in his best interest and that Edward Furlong would have been arrested if he didn't sign the TAA.

\
(e) Attorney Cooper's initial jurisdictional errors, the original case was filed in the wrong court, then filed in the wrong court again, then allowed to sit idle from January

is" until

April 1" and not be heard by any judge in any court.

(f) Attorney CooPer had the property evidence (deed, plat and cesspool design)
from almost the beginning. He chose not to use this strong, undeniable evidence to force the Town of Bartlett to restore my access through legal channels of tort

law, instead waiting and talking to the Town to Work out the TAA which was in everyone's best interest except for the client, Edward Furlong.

I am seeking the following relief from this honorable court: a. The fees I paid to Attorney Cooper through his firm, Cooper, Cargill and Chant, totaling $36,123.50 U.S. Dollars as seen in Exhibit 23 which shows 6 checks totaling the amount requested. b. The fees I have had to payout and the cost of other legal issues emanating from Mr. Cooper's negligence since Attorney Cooper did not properly represent me totaling $10,000.00. U.S. Dollars. c. The loss of revenue from Lil' Man Snowmobile Rentals, INC. over the 2008/09 and 2010/11 winter seasons totaling $191,997.83 US Dollars as seen in Exhibit 25. The loss of revenue from Abenaki Inn & Cabins from February 13, 2009 to present day estimated to total $75,000.00 US Dollars. d. The loss of real estate 'property value' estimated to be at $500,000.00 US Dollars as Attorney Coopers actions denied my historical property its legitimate direct trial access and the access to my rental cabins at the rear of my property. e. Punitive damages In the amount of $500,000.00 U.S. dollars and such other relief that the court deems equitable and just.

Respectfully Submitted,

__________________

-JPROSE

Edward C Furlong III, PRO SE US Route 302 Bartlett, NH 03812 (603) 387 9014

Mailing Address: Edward Furlong PO Box 447

Bartlett, NH 03812

EXHIBIT LIST
Excerpts from the Transcript of Recordings of Central Violations Bureau Hearings Before the Honorable Judge Muirhead of The United States of America v. William Sanborn, Phillip Trapasso and Edward Furlong on January 11,1010.
1.
2..

Newspaper article from the Conway Daily Sun that details Bartlett Selectman Doug Garland recusing himself from decisions regarding Northern Extremes.

3. Printout from the New Hampshire Corporate Division showing that Cooper, Cargill Chant, P.A. as the Registered Agent (law firm) for Northern Extremes Sports & Recreation, INC..
4.

State of New Hampshire 2.006 Annual Report showing that Peter Gagne is the owner and president of Northern Extremes Sports & Recreation INC.. 5. Email from Attorney Cooper to Attorney Mansfield dated February 6, lOO9 showing the confusion with NHDOT and DRED regarding Attorney Cooper's representation of both myself and Peter Gagne.

6. First Temporary Access Agreement dated December

23, 2008.

7. Second Temporary Access Agreement dated March 13, 1009.

8. Third Temporary Access Agreement dated February

13, :2.009.

9. Email from Attorney Mansfield to Chris Meier showing things being put on hold due to Attorney Cooper's vacation to Mexico.
10.

Email from Attorney Mansfield to Attorney Cooper showing that I did not want to sign the TAA even on the last day before I was to be shut down.

from me to Attorney Cooper dated April 9, 2009 telling him that I am unhappy with his work, also showing that Attorney Cooper was again away on vacation.
12.

11. Email

Letter from Attorney Cooper to me dated December 11, 2009 telling me that it is a waste of time to file a motion to reconsider with the NH Superior Court.
13. Motion

for Reconsideration that I filed with the NH Superior Court on December 11,2.009.

14. Letter from Attorney Cooper to me telling me that he will not pursue a civil rights complaint in federal court and that I should "cut my losses".

15. Attorney Cooper's Motion to Withdraw as my counsel dated January 4t

16. Plat of my property showing the right of way (ROW).

2010.

17. Deed for my property from Alfred Stillings to Frank George dated October 29,

1878 18. Cesspool design for my property dated June 2, 1926.

19. Letter from me to the Supreme Court's Attorney Discipline Office dated

November

16,2010

detailing Attorney Cooper's misconduct.

20. Letter from Jim DeHart of the Supreme Court's Attorney Discipline Office dated November 30,2010 stating that they were going to evaluate the matter. 21. Letter

from me to Jim DeHart of the Supreme Court's Attorney Discipline Office dated December 7, 2010 stating my response to Attorney Cooper's reply to my complaint.

n. Letter from my primary care physician, Dr. Warren Chin, detailing my stress
over this situation.
23. Record of payments made by me to Attorney Cooper.

2.4. Front cover and relevant excerpt from The Latchstring was Always Out: A History of Lodging, Hospitality and Tourism in Bartlett, New Hampshire by Aileen M. Carroll showing my property as a historical lodging property. 25. Financial records from the past 3 winter seasons showing my lost revenues.
26. Letter from the State of New Hampshire's General Court Legislative Ethics

Committee dated March 4, under their review.

2010

showing that Bartlett Selectman Doug Garland is

27. Summary of Breakers Motel, Inc. et aI. v. Sunbeach Montauk Two Inc ..
28. Letter from ORED to Attorney Cooper denying my proposed public parking lot

on my commercial property.
29. Newspaper article from the Conway Daily Sun outlining the child pornography

charges and other misdeeds done by Bartlett Selectman Jon Tanquay.

30. Wikipedia printout detailing the ethics violations and punishment for Bartlett

Selectman Gene Chandler.

31. Newspaper article from the Conway Daily Sun showing Bartlett Selectman Doug Garland recusing himself from a decision regarding Peter Gagne and Northern Extremes. 32.. Email from Attorney Cooper to US Attorney David Plourde where Attorney Cooper acknowledges the discriminatory behavior of the Bartlett Selectmen. 33. Page 14 from Attorney Cooper's Memorandum of Law in Support of Plaintiffs' Objection to Motion for Injunctive Relief, and Motion to Rescind Settlement Agreement filed in New Hampshire Superior Court on November 8, 2.009. 34. Picture of the logs and boulders that Bartlett Selectman Doug Garland had placed along my side of the right of way blocking access to rental cabins belonging to my lodging business. Abenaki Inn & Cabins. 35. Pictures of the boulders that Bartlett Selectman Doug Garland had placed along my side of the right of way blocking access to both my rental cabins and the snowmobile trail system. 36. Summary of Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz. 52.9 Pa. 2.41(Pa. 1991). 37. Summary of Wag enmann v. Adams 819 F. zd 196. lit Circuit Court September 9, 1987.