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6 N.H. L. Wkly. 1 (1979-1980)

handle is hein.barjournals/nhlw0006 and id is 1 raw text is: Ne wHampshire Law WeeklYl Volume 6, Number 1, Page I Board of Governors Creates Tax Section Following are the highlights of the NIl Bar's Board oF Governor's meeting Thursday, June 14, from 1:20 to 4:30 pm in Dixville Notch: * The Board voted to transform the Bar's year-old Special Committee on Tax Law into the Section on Taxation. Committee Chairman John R. Monson -if Manchester presented the Board a petitiol signed by 42 lawyers urging the Board to create the section. Bar By-Laws permit creation at sections upon the written application of 30 or more members... (See a report of the Tax Law Committee at 6 NiILW 5.) Sections are devoted to the improvement of the professional knowledge and skills of the members thereof in particular fields of law, according to Bylaw Article X. Sections allow broader participation than committees because, unlike committees, their membership is not limited. While committees are appointed by the Bar president and usually contain no more than a dozen people, any Bar member may join a section. Supporting creation of the new section was Robert R. Howard of Henniker, chairman of the Bar Committee on Constitution and By- laws, which recommends that all Bar com- mittees dealing with substantive areas of law -- such as Juvenile Problems and Family law and Criminal law -- be reorganized as sections. In a committee report prepared for distribution at the Annual Meeting, Howard said the term 'section' seems more properly to apply to groups engaged in the practical aspects of the practice and 'committees' seem to be more devoted to housekeeping and organizational activities. * The Board voted to endorse the concept the Supreme Court's proposed rule governing attorneys trust accounts reprinted in the June 6 Law Weekly at page 393. The Board, however, asked the Court to defer adopting the rule until a board sub- committee and the Court's Professional Conduct Committee could meet to discuss, and produce specific recommendations, about it. The Board received a letter from the Cheshire County 9ar Association saying at- torneys needed mure time to study and debate the proposed rule. Similar views were reported from other county and local bar associations. e It was reported that the Superior Court has drafted a proposed rule on ex parte at- tachments. The Board directed the Bar Executive Director Joseph Hayden to obtain and distribute copies of the new rule for discussion at the Board's next meeting Monday, July 16, in Concord, or Tuesday, Aug. 7 in Durham. * Eugene M. Van Loan, a member of the joint Bench-Bar Committee preparing a proposed Supreme Court rule on specialization and certification, reported the committee expects to have a draft of the rule at the Board's next meeting. * The Board set up a committee of past Bar presidents to serve as expert witnesses or to elp counsel obtain expert witnesses in at- torney malpractice cases. * The Board voted to support the recom- mendation of the Bar's Citizens Rights Com- mittee that Department of Employment Security (DES) attorneys be supervised by the Attorney General. The Citizens Rights Com- mittee reported that the DES lost exactly two- thirds of all cases it appealed to the Supreme Court from 1974 to 1978 and 77% of all cases decided on their merits in Hillsborough County Superior Court from 1971 to 1976. The Com- mittee said Attorney General supervision .would avoid much of the Department's wasteful and inefficient litigation. The Committee's full report appears on (6 NIILW 4. * The Board unanimously endorsed a column on New Hampshire law titled, A Question of Law, which the Manchester Union Leader has proposed to publish with Bar support. * The Board granted the requests of these attorneys to become inactive members of the Bar: Samuel A. Alter Jr. of Rye; Frank A. Carter of Providence, RI; Linda Columbine of Meredith; Malcolm Mecartney Jr. of West Hartford, Conn; J. Frederick Murphy of .Pawtucket, RI; David G. Petterson of Man- chester; John H. Rockwell of Hanover, William D. Sivitz of Hampton; Coleman J. Walsh Jr. of Ithaca, NY; Jeffrey D. Weiner of Goffstown and Anthony G.C. Wickersham, of York, Me. a Outgoing President Ernest L. Bell 3d of Keene commended the Board and Bar com- mittees for outstanding performance during his term. Bell said attendance at Board meeting averaged 86% and nearly 11,000 hours of at- torney time were devoted to Board and com- mittee work during his term. * The Board voted to extend for one year the life of all existing Bar special committees not already extended by other Board action. a Incoming President Jack B. Middleton announced the schedule of 13 Board meetings during his term: e Monday, July 16: Highway Hotel, Con- cord. * Tuesday, Aug. 7: New England Center, Durham. a Friday-Sunday, Sept. 28-30: Bald Peak Colony Club, Melvin Village. Monday, Oct. 22: Laconia. Monday, Nov. 19: Manchester. Thursday, Dec. 20: New London. Thursday, Jan. 3: Hilton, Merrimack. Concluded on 6 NHLW 4 Practical Skills Supplement For Sale The 1979 Practical Skills Supplement to the # Domestic Relations, including NH Practice & Procedure Handbook is being jurisdiction, initial interview, libel for divorce, offered for sale to all New Hampshire attorneys temporary, final and post final hearings, and law office personnel. URESA, support and alimony. The Supplement, approximately 650 pages 0 Real Estate Transactions including in length, covers the following topics: purchase and sale agreements, conveyaneing, o Civil Procedure (State Court Practice), good and marketable title, mortgages, closings including initial interviews, prelitigation ac- and foreclosures. tivities, choice of forum, initiation of action, * Wills, Trusts & Probate of Simple Estates equity actions and defenses, pretrial including the Probate Court, preparation of procedures, jury trials, appeals and post trial wills in New Hampshire, administration and remedies. the tax aspects of small estates. o Criminal Procedure (State Court All five chapters include many forms and Practice), including jurisdiction, initial in- checklists. terview techniques, organization of case file, To order the Supplement, complete the form investigation, procedures in District and below and mail it with a check for $35 plus $2.50 Superior Courts, sentencing, appeals and postage and handling to NH Bar Association pardons. (CLE), 77 Market St., Manchester 03101. Also, the Practice & Procedure Handbook SUPR EM E COURT NOTICE with the 1979 Practical Skills Supplement is on sale for $40 plus $2.50 postage and handling. Besides the material discussed above, the New R ules July 3 entire Handbook contains chapters of Civil and Criminal Procedure (Federal Court Practice), The new rules of the Supreme Court will go Corporation Law and Creditors' Rights. into effect on July 3, 1979, and the present rules The CLE Committee has now assumed of the Supreme Court will become obsolete on responsibility for the NH Practice & Procedure that date. Reserved cases and bills of exception Handbook. It is anticipated that the Handbook willnolonger be used for transferring questions will be supplemented annually by material of law from a lower court to the Supreme Court. produced for the Practical Skills Course. Under the new rules of the Supreme Court, ................ ............... transfers of questions of law after a lower court ORDER FORM has decided a case on the merits, for example will be by a notice of appeal, which does not Name require the signature of the lower court and Address which the party transferring the questions of law must file on an approved form directly with the Supreme Court. I wish to order: Other courts have amended certain of their QUANTITY TOTAL rules so as to conform them to the new rules of the Supreme Court. For example, the notice of - 1979 Practical Skills Supplement @ $35 + $2.50 postage $_ appeal mentioned above must be filed within 30 - N.H. Pr,tlce & Procedure days from the date on the lower court clerk's Handbook @ $35 + $2.50 postage $_ written notice of the decision, for in the district Mall form and check to: and municipal courts and in the Superior Court NH Bar Association (CLE) the first Tuesday of each month is no longer the 77 Market St. Allow 2 to 4 sole judgment day. Manchester03101 weeks for delivery

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