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![handle is hein.barjournals/nhbn0013 and id is 1 raw text is: NEW HAMPSHIRE Inslde This Issu
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Sign up for the 2002 NHBA Annual Meeting
June 20-22 in Portsmouth
1 ar NSee Pages 15-18
An Ofcial 'ublcaion ofthe New ltumpshire Bar Asswitaint www.nhbar.org VOL. 13, NO. 1 * JUNE 7, 2002
Legislative Roundup
Family Law Task Force Formed
To Consider 'Non-Adversarial' System
By Dan Wise
IN LEGISLATIVE ACTION at tile close of the biennial ses-
sion, the governor signed a bill creating a task force to exam-
ine the treatment of fimily law cases in New Hampshire,
and she vetted a bill that would have required the Bar to
hold a referendum on the unificauion ofthe Bar Association.
(See her veto message on page 4.)
Meanwhile, attorneys are considering the ramifications
of HB 1429, which extends the Consumer Protection Act to
regulated professions. The hill may heighten acrimony in liti-
gation and creates the possibility for enlarged damage awards
if damage clients suffered resulted from fraudulent or inten.
tional misconduct. (See accompanying article on page 5.)
The 22-member task force formed to examine tile han-
dling of family law cases has been given until November 2003
to coie tip with i proposal forintegrating a non-adversarlal
system for families undergoing divorce, separation, custody
disputes, and other family matters.
John Cameron, a Laconia attorney and chair of the Fam-
ily Law Section, said he helped write the bill and testified in
favor of creating the task force. Speaking as an individual
and not in his capacity as chair of the section, Cameron said
tile system is in need of overhaul to provide litigants with
more non-adversarial options and that, to date, many of the
changes have been made in a helter-skelter fashion.
Cameron said that some of New Ilampshire's divorce proce.
dtes are archaic and deter divorcing spouses from raising
children jointly.
The legislation calls for the committee to do the follow-
ing:
a Gather information on and study the current state of fim-
ily law and its application in the court system, including
current procedures and reporting requirements.
t Develop a comprehensive plan that might include recom-
mendations on modificatiots of laws and court rules; case
processing, reporting, and information exchange; and how
reforms in the courts can be coordinated with social ser-
LEGISLATION continued on page 5
Incoming Bar President Martha Van Qot to
Sharpen Focus on Member Needs
By Dan Wise
TIE EVENTS OF time past couple of years have required Bar
leaders to foeus tn legislative developlsents and on support-
ing the judiciary as ;ai institution. Marty Van Oat, who takes
over as NIHlB1A pri-sidles later this month, expects that leg-
islative.crutiny will lessen In its intensity and that time coin-
ing years will allow ir leaders to re-focus tsl menlber needs
and interests.
Van Cit, who lst year joined the Concord law firtn of
Ott & Reno, will take over as tihe Z002-2003 NIIBA presi-
dent at tile conclusion of the 2002 Annual Meeting, tol Ie
held at the Portsmouth 1-larlorsidle Hotel June 20-22. (See
pages 15-18 for imore on the Annual Meeting.) Van Oat suc-
ceeds Peter Ii. I lurchins and will be the third feimale Prpresi-
dent in the organizations history (preceding her in breaking
through the all-liale ranks of the Bar leadership were Patti
Blanchiete atd the I-lon. Sukan B. Carlon).
Van Oot, ;m Holpkinton resident, has imaintained a state-
wide trial practice, and looks forward to making contact wilh
Bir nilbers around the state.
We have to gobutck and listen toour constituents,she
said. That is what we as the
organized Bar are here for. We
can't do the other things the
Bar dvos- Pro Bono, LRE, the
fBar Foundation - without the
support our Bar isembers.
Van Dot said the
Legislature's recent attempt to
force a vote of Br members
on the question of mandatory
Bar membership (a measure
vetoed by Gov. Shaheen; see
Shaheen's veto mnessage on
Mrtha-' Van (ot page 4) coincides with efforts
already underway by the Bar
It) probe menbers' opintions on services, programs and the
structure of the Bar. Beginning with a general survey included
In the dues packet, the Bar will be soliciting input and coil-
mients from Bar members through a variety of means in the
coming year.
MEMBER NEEDS contined on page 12
Ruie Exists in Few States
Will NH Attorneys Be
Required to Disclose
Lack of Insurance?
By Lisa Sandford
A PROPOSED NEW conduct rule being considered by the
NI-I Supreme Court Advisory Committee on Rules would
make Nl I one of just a1 handful of states nationide that
requires attorneys to notify clients if counsel does not
maintain a minimum level of professional liablity insur-
ance.
The Rules Committee is considering a nesv Rule 1. 17
of tile Code of Professional Conduct that wot.Id require
disclosure It) clients ifan attorney does not carry at least a
minimum (f $100,000 per occurrence aid $300,000 in
the aggregate in malpractice insurance coverage. Notice
would be provided to the client on a separate form to be
signed by the client and kept on file by the attorney until
at least five years after termination of representation.
If NH approves tile new rule, it would join Ohio,
Alaska and South Dakota as those jurisdictions that re-
quire client notification if an attorney isn't covered by
professional liability insurance, according to US Law Week
(May 29, 2001). Oregon is the only state that manulates
malpractice insurance its ii condition of practicing law.
According to David Peck, secretary to the Rules Com-
mlttee, a letter from Professional Conduct Committee
Chair Robert Varney prompted the committee to consider
the new rule for possible recommendation to the Supreme
Court. Peck drafted the NH insurance disclosure rule based
on similar rules of other states.
Varney said he first hear- about an insurance disclo-
sure rule at atn ABA conference of chief justices and heads
ofljudicial disciplinary agencies held in San Diego aatt a
year ago, which he attende-d with N I] Supreme Court
Chief just ice David A. Brock. A cotunn theme lofdis-
cussions] was the increasing expense of nalpractice insur-
ance and tle decreasing nutnsbt of atotoneys getting it,
said Varney. A San Diego Bar member presented the idea
of an insurance disclosure rule, and Varney thought it was
a wonderful idea, so he later wroite a letter to Brock to
present the proposal. Since the PCC doesn't make policy,
Varney said lie wasn't recoiuneiding tie .ile in Isis ca-
pacity as PCC chair.
Tile proposal found its way to the Rules Cottnittee,
which has not yet taken a position tin the proposal and
will hold a public hearing on it (and on other proposed
rules changes) on June 26. Based in part ots public reac-
tion to the proposed insurance disclosure rule, the coin-
INSURANCE continued ot page 21
I THEDOCKE
3 Dues Q&A. As Bar nivnirs receive
their dues packages, here ;,re answers
to some of the most frequently asked questions
albout Bar dues and court fees.
8 Bar Foundutiot Qrants. The Ni-I
Bar Foundation Board has annouced
$1.3 million In IOLTA and justice grants to
fuid civil legal aid organizations and public
outreach efforts.
SDomnestic Violence Rulings. Suzy
10 Colt analyzes five NI-I Supreme
Court decisions involving RSA 173-B. the
domestic violence statute.
PCC Fee Increase. The Supreme
, Court issues an official
announcement regarding tile increase in the
annual fee assessed to lawyers to fund the
Professional Conduct Committee.
Juno 7, 2002 Periodical Postage Paid al Concord NH 03301](ViewImageLocal?handle=hein.barjournals/nhbn0013&div=1&collection=&method=preview&ext=.png&size=3)