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28 New Hampshire Bar News (n.s.) 1 (2017-2018)

handle is hein.barjournals/nhbn0028 and id is 1 raw text is: BAR NEWS 4 $ BAjA w 0 Equal Justice Under Law June 21, 2017 An Official Publication of the New Hampshire Bar Association Vol. 28, No. 1 More Changes Coming to NH Attorney Discipline Process By Kristen Senz O ver the past two years, the total number of ethics complaints filed annually against New Hampshire at- torneys has risen by more than 30 percent, while the number of those grievances found to merit investigation has declined from 25 percent in 2014 to 21 percent last year. During the same period, the NH Su- preme Court has made several changes to Supreme Court Rules 37 and 37A, which govern the Attorney Discipline System (ADS). Those changes include the elimi- nation of warnings, the introduction of summary suspension, requiring automatic disclosure of all trust account overdrafts from attorneys' banks directly to the At- torney Discipline Office (ADO) and, most recently, permitting vertical prosecution at the ADO. Combined with shifting attitudes among legal consumers and intensifying scrutiny surrounding legal ethics, these changes can lead to anxiety and increased pressure on New Hampshire lawyers. To help NH Bar Association members stay current on these changes and trends, Bar News examined the rule-changes and in- terviewed some key players in the ADS. (It is important to note that the ADS is separate from the association, unlike in some other states, where the state bar as- sociation oversees attorney discipline. The ADS in New Hampshire is an inde- pendent arm of the NH Supreme Court.) The most recent rule-changes, which take effect July 1, enable vertical pros- ADO continued on page 16 21% Overdraft Notification 17% 13.3% 0 LAilIh Family Criminal Law Law 13.3% Probate/Estate Planning 9% Civil Suit/ Litigation ADO Statistics Show Shifts in Complaint Patterns By Kristen Senz Mid-career attorneys are more likely to encounter problems at the NH Attorney Discipline Office than new or senior lawyers, according to ADO statis- tical reports. Of the 53 docketed complaints (those found to warrant investigation) at the ADO last year, 29 were against attorneys who had been in practice for 11 to 25 years; 14 targeted attorneys in STATISTICS continued on page 16 Pro Bono Case Leads to Law Change SB 166: Terminating parental rights is now easier in cases where the child was conceived through rape Holly Barcroft and David Vicinanzo discuss Kelly's case By Kristen Senz A convicted rapist, in a prison cell, decides he wants a parenting role in the life of the child born as a result of the rap- ist's assault on a young girl in his neigh- borhood. He writes letters to his victim and files a motion in court. attempting to assert parental rights. That victim, Kelly now 19 and mother to the 5-year-old boy she decided to keep and raise despite the urgings of others, receives a referral through the Pro Bono Referral System at the New Hamp- shire Bar Association, to lawyers at Nixon Peabody in Manchester. Unsure whether she wants to proceed with litigation, Kelly initially files and then withdraws a court at the NH Bar Center. petition. Months later, when she realizes her attacker is not going to stop trying to contact her, she gets back in touch with her lawyers. That was 2015, and Nixon Peabody attorney David Vicinanzo and Holly Bar- croft, at the time an associate at the firm, spent the next two years working on Kelly 's case, with support from Pro Bono staff and the NH Coalition Against Do- mestic and Sexual Violence. Their work culminated earlier this month when the governor signed into law Senate Bill 166, which creates a rebuttable presumption that tenninating the parental rights of the biological father is in the best interest of a Q&A continued on page 20 Trailblazing Women Take Center Stage at Gala Since 1917, we have gone from be- ing shut out, to making a difference, to be- ing in charge, NH Supreme Court Chief Justice Linda Stewart Dalianis said, at the Centennial Celebration Gala marking the first 100 years of women lawyers in the Granite State. Our high heel shoe prints stretch far, wide and deep here in New Hampshire. The June 1 event in Concord was a chance for the New Hampshire legal com- munity to reconnect and reflect. For more photos, please turn to pag- es l8and 19. Opinions............................ 4-5 NHBA News.............6-21 NHBACLE.................22-26 Practice Area Sections ...27-39 NH Court News ..............40-45 Classifieds.......................45-47 Periodical Postage paid at Concord, NH 03301 Opinions. Brian Shaughnessy writes about postponed town meetings, and Mike Lewis explores the Attorney Gen- eral's duty to defend. PAGES 4-5 Time to Retire? The NH Lawyers Assistance Program, the NHBA and others consider forming a committee to assist at- torneys who are nearing retirement age. PAGE 7 Intellectual Property Law This special section examines recent SCOTUS decisions, the debate over patent trolls, trademark tips and traps, protecting product design and more. PAGES 27-34 Municipal & Governmental Law Updates on the Right to Know law, government email management, the power to postpone town meetings and gravel pit regulations. PAGES 35-39 High Court Nomination. Anna Barbara Bobbie Hantz Marconi is set to become the third woman in history to serve on the New Hampshire Supreme Court. PAGE 40 NH e-Court Update. Bar News is now publishing monthly updates on electronic filing from the New Hampshire Judicial Branch. See what's new. PAGE 40 Docketed 2016 Grievances: Top 5 Trouble Areas

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