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8 N.H. L. Wkly. 1 (1981-1982)

handle is hein.barjournals/nhlw0008 and id is 1 raw text is: I ewHampshire Law Weekly'

!Vol 8, No. 1, Page 1

Bar Annual Meeting: Recognition And Recreation
Professional recognition, vigorous activity  Grimes received the Bar's Distinguished
and (mostly) beautiful weather were the key  Service Award for serving the bench, bar  A Distinguished Service Award give
ingredients of the iighly successful 83rd NH  and public with eminence, wisdom and  Irving H. Soden cited 35 years at tle
Bar Association Annual Meeting, June 18.21, humor, having particular regard for and  (which) have exemplified the highest stan
at The Balsams in Dixville Notch.        acting as a zealous guardian of the consti-  of professional competence and cond
More than 225 lawyers turned out for tutional rights of all.                      Soden, a well-known defense atto
the meeting which included the 1981 Annual  Fred W. Hall Jr. of Rochester, a former law  called the honor wholly unexpecte
Business Meeting and Legislative Report, partner of Grimes, presented a portrait of the  even though it may be construed a
CLE video tape presentations, sports tourna- Chief Justice which will hang in the Supreme  invitation from the plaintiffs' bar to retir
ments  and   formal recognition  of the  Court commissioned by the Strafford County  get out of their hair.
outstanding contribution to the Bar and tie  Bar Association.                        Soden was also cited for except
public made by    four members of the                      ***                     public service, using his legal skills
Association.                                Bernard I. Snierson, who was Laconia   expertise  in  the  service  of num
,,,                      Municipal then District Court Justice from  community organizations.
1961 to 1980, told the more than 400 lawyers
Retired Congressman James C. Cleveland  and spouses attending Friday night's banquet
of New London was honored on Thursday,    that  his  Distinguished  Service  Award    L. Jonathon Ross completed five
June 18, for conspicuous service to the Bar  represented the first formal recognition by the  of service on the Board of Governor
and the people of New Hampshire, resulting  state bar of thb vital role played by the  June 20.  He was Hillsborough Co
from his persistent advocacy on behalf of his  district and municipal courts in the state's  Governor from 1976-1978 and Govern
constitutents  and  the  State  of New   justice system.                           Large from  1978-1981. Ross was citec
Hampshire.                                 These courts see more people than the  taking the long view as a board men
Cleveland, senior partnrp  of Cleveland, rest of  the  state's courts combined,  viewing actions of the Boards of Gover
Waters & Bass of Concord, was a state senator  Snierson said. This is where the ordinary  not as isolated decisions, but rather as p
from 1950 to 1962, and US Congressman    citizen gets his impression of what justice  a larger course to be carefully char
from  1962 to 1980.  ie has returned to  is about. It is very important not to treat him
active law  practice in  New  Hampshire, like he was going through the check-out
opening a new firm office in New London. counter at a super market.                  Forty-five members of the bar --
Snierson says the lower court judge must  their relatives -- participated in the
• **                    be constantly aware that his court stands  running of the NH Bar Mini-Marathon
between government and the constitutional  two- and five-mile runs joined the tradit
NH Supreme Court Chief Justice William  rights of the individual, which must be  golf and tennis tournaments as po
A. Grimes, who will reach the mandatory  protected.                               Annual Meeting activities.  Sixty p
retirement age of 70 July 4, was honored by  And though the judge hears the same  canoed, kayaked and rafted the Androsco
the Bar on Saturday, June 20.            case tried again and again, Snierson said,  Twenty participated in hour-long ae
Grimes was appointed to the Superior   though he knows that after two or three  exercise groups. The Annual Meeting I
Court bench in 1947, the Supreme Court in  hours of testimony there will still be an  like a health farm, observed one re
1966 and named Chief Justice in 1979. He  appeal, the judge must treat every defendant  summer meeting attendee.
is a strong proponent of continuing judicial  and every new  lawyer with respect and  Next year's annual meeting, sche
education and is a founding faculty member  dignity.  To both of them, this court is  for June 2.1-27, 1982 will be held at Br
of the National Judicial College.         what jurisprudence is about.            Woods.
•                                 ETHICS OPINION                .

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±ndian Supreme Court Justice Visits Bar Center
Senior Associate Justice P.N. Bhagwati of the Supreme Court of India (center) was in New
flampshire June 14J and 15 to learn about 'iudicial reform, legal aid, public interest repre-
sentation and bar association pro bono activities in the state. After a meeting with Bar staff to
discuss various Nil Bar programs, Justice Bhagwati was escorted through the Bar Center by Bar
President David L. Nixon (lefl) and Executive Director Joseph S. Hfayden (right).

Ex-Parte Settlement
Question:  May an attorney accept and
hold in escrow a proferred settlement in a
collection matter which cannot be fully
settled   due    to   creditor's  client s
disappearance? Attorney proposed to arrange
with debtor to return the escrowed sum if
creditor  client  shows  up  and   rejects
settlement.
Response: Yes. An attorney may accept
a settlement offer tendered in escrow under
the  circumstances described  though  the
attorney should fully inform the person
making the tender of the absence of his
client and the fact that the case is not in
any way settled until the client accepts tile
offer.  The attorney should be mindful,
however, that by accepting those funds he
becomes all escrow agent and therby has
certain inherent duties to the debtor which
the client may regard as being il conflict
with  the attorney's duty to aggressively
represent the creditor.
If the funds are accepted under such an
escrow arrangement, they should be deposited
in a trust account, in a segregated interest
Concluded on next page

I

July 1. 1981

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