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29 New Hampshire Bar News (n.s.) 1 (2018-2019)

handle is hein.barjournals/nhbn0029 and id is 1 raw text is: NEW HAMPSHIIRE An Offcial Publication ofthe New Ham shire Bar Association June 20, 2018 Supporting members of the legal profession and their service to the public and the justice system. Vol. 29, No. 1 Former Chief Justice Honored at Webster Scholars Graduation By Anna Berry A special celebration calls for a special gift, John Garvey thought. But what do you get the recently-retired leader of the state's highest court? When the 11th class of the University of New Hampshire Law School's Daniel Webster Scholars was sworn-in at the U.S. District Court in Concord on May 18, Garvey was ready with the perfect present - plus a story that would move many in the room to tears. Garvey is the founding director of the Daniel Web- ster Scholars Honors Program but humbly attributes the program's success to recently-retired NH Supreme Court Justice Linda S. Dalianis. Dalianis helped create and champion the initiative more than a decade ago, after noticing a lack of preparation among the young lawyers who appeared before her at the Supreme Court. The first class of Daniel Webster Scholars graduated in 2008, on the cusp of the Great Recession, and the pro- gram has since earned national accolades as a new model for innovative legal education at a time of change within the justice system. A 2015 study found that the Websters, as Garvey affectionately calls the students, outperformed their col- leagues in the field who had been licensed to practice law for up to two years, despite the absence of a traditional bar exam in the program. The law is slow to change, Garvey said in an ear- lier interview in his office at UNH Law School. Innova- tion often meets with resistance.... You need a champion who has the stature to make DWS continued on page 5 Survey Shows State Attorneys Face Threats on the Job Editor's Note: Utah attorney Stephen D. Kelson has spent more than a decade studying violence against the legal profession and bestpractices in prevention. After finding limited data on the issue, he conducted surveys in 28 states to create a baseline for contin- ued research. Here, Kelson reports on a 2017 sur- vey of NH Bar members on work-related violence. ALSO: Local responses to survey results (Pg. 18) By Stephen D. Kelson When discussing violence in the legal profession, many seasoned attorneys in New Hampshire recall the murder of part-time judge Vicky Bunnell. On August 19, 1997, a man with a long-standing grudge over a property assessment shot and killed Bunnell outside her Colebrook law office. The gunman also killed two state troopers and a newspaper editor before he was eventually killed in a firefight with police. Two decades later, many members of the New Hampshire legal profession assume that work-related acts of violence are still too remote to occur or won't happen to them. However, contrary to the general perception, many members of the New Hampshire legal profession experi- ence threats of violence - and actual violence - arising from the practice of law. In fact, 41 percent of respondents to a recent survey reported that they had been threatened and/or physically assaulted at least once. This article provides a brief sum- mary of the responses to the 2017 survey and a glimpse into work-related threats and violence experienced, but seldom discussed, by members of the New Hampshire le- gal profession. Statewide Studies of Violence Against the Legal Profes- sion Limited research exists on the subject of violence VIOLENCE continued on page 16 PRACTITIONER PROFILE Teaching Trial Law, From The Hague to Belfast Former Supreme Court Chief Justice Dalianis, right, was moved to receive a painting by 11-year-old Molly Della Valla at the swearing-in ceremony for Daniel Webster Scholars on May 18. By Kathie Ragsdale Robert A. Stein's passion for trial advocacy has taken him to such far-flung places as the International Criminal Court in The Hague, Netherlands, and to Belfast, Northern Ireland, just after the troubles. The Concord-based attorney grew up in western Pennsylvania and attended Washington & Jefferson Col- lege before deciding whether to seek a graduate degree in philosophy, English or history, or go to law school. With the civil rights movement well underway and campus unrest making national headlines, he decided he wanted to help effect change. He chose the law school at the University of Michigan. It was the '60s, he says. It was time to get in- volved. After graduation, that desire S for involvement led him to the Phila- delphia Public Defenders Office, where he started in the juvenile divi- sion, moved on to appeals and then Sthe federal division, before relocat- ing to New Hampshire. Along the way, I was called in to my boss's office and told I was going to Boulder, Colorado to attend the second National Institute for Trial Advocacy training ever given, Stein recalls. Law schools in those days did not teach trial advocacy. STEIN continued on page 15 Opinions .............................. 4 Practice Area Sections ...25-35 NHBA News ..................... 5-19 NH Court News ..............36-41 NHBACLE .......... 20-24 Classifieds......................42-43 Periodical Postage paid at Concord, NH 03301 Transparency Fix. Attorney Patrick Ar- nold reviews Mark Fenster's new book on government information. PAGE 8 Second Chances. Pro Bono annulment clinics expand, thanks to Bar Founda- tion. PAGE 14 Vigilance & Violence. Additional coverage of the 2017 survey results with local perspectives on work-related threats. PAGE 18 Intellectual Property Law and Municipal & Government Law Trends in trademarks and the lastest developments in the right-to-know law, among other practice area section articles. PAGES 25-35 Defining Discrimination. Supreme Court's Rules Committee hears three hours of testimony on changes to professional rules of conduct. PAGE 36

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