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8 New Hampshire Bar News (n.s.) 1 (1997-1998)

handle is hein.barjournals/nhbn0008 and id is 1 raw text is: NEW HAMPSHIRE Bar News An Official Publication of the New Hampshire Bar Association VO.8 O UE4 1997 Related Bylaw Change Rejected Supreme Court, Bar Members Debate Protection Fund THE PHILOSOPHY AND PRACTICALITY of Bar mem- bers paying a mandatory fee to reimburse victims of attorney theft, as well as the process by which the current Public Protection Fund (PPF) proposal was developed, were debated before the New Hampshire Supreme Court, and at a special business meeting of the Bar last month. At press-time, the Supreme Court had not yet an- nounced its decision on whether to establish the fund. Under the rule proposed by the Supreme Court Advisory Committee on Rules, the PPF would provide some mea- sure of reimbursement for client losses caused by lawyer dishonesty. The fund would be financed through an assessment on all members of the Bar. Oral argument on the proposal was heard by the Supreme Court on May 13. On May 20, at a special business meeting of the Bar, a proposed change to the NHBA bylaws to facilitate the Association's role in implementing the PPF was rejected by a 45-44 vote. The bylaw change would have empow- ered the Board of Governors, subject to the approval of the Supreme Court, to annually determine the amount of money to be raised through a special category of dues to finance the proposed fund. The members at the meeting also approved a motion by a vote of 43 to 39 requesting the Board of Governors to ask the Supreme Court to postpone its decision on the proposed PPF rule for six months to allow more time for the Bar members to seek a consensus on the PPF issue. (See text of NHBA President Michael P. Hall's letter to Chief Justice Brock and related commentary, page 4.) DO New AG Lauded for Honesty, Inteity McLaughlin Cites Children, Domestic Violence as Priorities FOLLOWING AN EXECUTIVE Council pub- lic hearing in which his credentials were discussed and his views on a host of issues solicited, Philip T. McLaughlin of Laconia was confirmed as the state's attorney general. Attorney McLaughlin, who was sworn in by Governor Jeanne Sheehan on May 19, used the hearing and several other forums to set forth his values and objectives as New Hampshire's top law enforcement official. At the ceremony, the Governor said his personal integrity is above reproach and he will serve as a model for us all. During a meeting at the Attorney General's Office following his swearing in, McLaughlin discussed his priorities as he assumes his new role. His initial objective is to become famil- iar with the hundreds of cases currently Philip T. McL being handled by the office and to become Jeanne Shahee acquainted with the office's professional staff, including approximately 50 attorneys. Deputy Attorney General Steven M. Houran, described by McLaughlin as his right hand, worked with the nominee during the weeks prior to confirmation, apprising him of relevant issue, in the public domain. The new attorney general also praised the talents of the other professionals working for the office and indicated his interest in working aughlin speaks to the media fiollwing his swearing in. (overnor n is at right. closely with those handling cases, while also overseeing office administrative responsibilities. McLaughlin sees the office's role as carrying out the policies set forth by the Governor and the Legislature, McLAUGHLIN Continued on page 10 First public event on une 13 New Federal Courthouse Opens 4 Public Protection Fund Opinions. Michael P. Hall's President's Perspective and several members of the Bar offer their views on the PPF rule proposal. Vicarious Liability of Local Counsel. Attorneys are advised to limit their exposure to malpractice claims, when serving as local counsel, by defining their role in a writtten agreement. 1 2 Superior Court Judicial Forum. A panel of five members of the Superior Court bench will take part in an NHBA CLE program, sharing their perspectives on a variety of important issues. 1 Q Pro Bono Golf Highlights. Hon. Arthur 18 E. Bean, Jr. and the Bar's Pro Bono Referral Program were two of the winners at the Fourth Annual Quid Pro Bono Golf Tournament. 19 New Coos County Courthouse Opens. New Hampshire's first tri-level courthouse, including district, probate and superior court faicilities, opened in Lancaster on June 2. THE WARREN B. RUDMAN United States Courthouse in Concord will open with a naturalization ceremony on Friday, June 13 at 9:30 a.m. Full operations of the New Hampshire federal court will begin Monday, June 16. M a n y months of prepara- tion have gone into this,said U.S. Dis- trict Court Chief Judge Joseph A. DiClerico, Jr. in the hectic week, of late May, a, con- struction worker put the finishing touche, on the t ainlc, .teel and -ranite interior. All we hope now is that the move will ,,o smoothly withoutsignificant interruption to our service to the pub- Hn. Juseph A DiClefci, Jr. lic. The building has been designed with all of our users in mind- attorney,, litigants, jurors and the public in general. It is dignified and functional, said DiClerico as he stood on the second floor landing below the arched ceilings otf the courthouses grand entry way. The tour- story courthoue will c 1st an >timated 5 30 million once negotiations hive been completed on changes made during construction. Among the improvements the new building offers, according to DiClerico and District Court Clerk James R. Starr, who ha, overseen the building project ,ince it, inception: - Six courtroom, and i'grand jury room csentiallv double the number of courtrooms that were available in the James C. Cleveland Federil Buildint next dtxr. Five courtroons will be on the third floor; - A jury ascmbl\ room, where none xitrd in the Cleveland buildim; - The Clerk', tftfcc % Ill be on the firt fl or; -Telc% ,ion monitor,, updatable by computer,,' ill diplay the court -chCdule tor the J,i, - 'kCLurirt\ i, improved throuLh better -pace plan- ning and additional ftcilitie,, ,uch .,epairate elevator, FEDERAL Continued on page 21 1997 VOL. 8, NO. I o JUNE 4,

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