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34 New Hampshire Bar News (n.s.) 1 (2023-2024)

handle is hein.barjournals/nhbn0034 and id is 1 raw text is: NEW HAMPSHIRE 4 An Official Publication NE HMSHR ofthe New Hampshire Bar Association AR W c:Y :3 Celebrating 150 Years June 21, 2023 Supporting members of the legal profession and their service to the public and the justice system. Vol. 34 No. 1 Ahead of the Curve: A 150-Year Retrospective on the Unique Daniel Webster Scholar Honors Program By Tom Jarvis New Hampshire is full of history and firsts in the nation. Some of these firsts are well-known: It was the first state to declare its independence from England in 1775, Samuel Shelburne of Portsmouth became the first Attorney General of the United States in 1789, and the first-ever meeting of the Republican Party took place in Ex- eter in 1853. Some New Hampshire firsts are lesser known: The first potato ever planted in America was in Londonderry in 1719, the first alarm clock was invented in Concord in 1787, and the nation's first women's strike took place in Dover in 1828. One of the most unique and recent firsts in the Granite State was the imple- mentation of the UNH Franklin Pierce School ofLaw's (UNH Law) Daniel Web- ster Scholar (DWS) Honors Program - the first bar alternative program in the nation - in 2005. The DWS program was named after Daniel Webster, one of the most promi- nent American lawyers of the 19th century, arguing over 200 cases before the United States Supreme Court, who later served as the 14th and 19th US Secretary of State. On May 19, 2023, 18 Daniel Webster Scholars were sworn in at the US District Court. From left to right: Tayla George, Christian Merheb, Kylie Butler, Alex Fernald, Teddy Miele, Joe Dumais, Rebecca Dowd, Julianne Plourde, Autumn Klick, Coda Campbell, Amanda Metell, DWS Director Courtney Brooks, Courtney Duffy, Jacob Watts, Emma Mann, James Rudolph, Elizabeth Trautz, Ryan Garrette, and Brittany Reeves. Courtesy Photo A collaborative effort of the New Hampshire Supreme Court (NHSC), the New Hampshire Bar Association (NHBA), the New Hampshire Board of Bar Exam- iners, and UNH Law, the program was designed to provide a comprehensive, cli- ent-ready legal education to close the gap between legal education and legal practice, consisting of robust simulations, regular assessments, and hands-on practical train- ing from volunteer lawyers, judges, and court staff. Instead of being tested in a room for a finite period, lawyers are tested over the course of two years. With 18 new graduates in May 2023, the DWS program has graduated 313 new lawyers without requiring them to take the traditional two-day bar exam. It's the first and still the only com- petency-based bar admission program, DWS program director Courtney Brooks says. It's the only program like it in the country that couples practice-readiness training with bar admission. Students gain practical skills and simulations for essen- tially a two-year bar exam, and along the way, their skills are assessed by bar exam- iners. At the end, they are admitted to the bar. The idea for the program began with retired NHSC Chief Justice Linda Dalianis in 1995. The American Bar Association's Task Force on Law Schools and the Pro- fessional Development had just released a report - which came to be known as the MacCrate report, named after task force chair, Robert MacCrate - on what the ABA felt were shortcomings in the train- ing of new lawyers. Dalianis, who was on the Superior Court at the time, agreed with the report's findings. I had been involved in some bar ad- DWS Program continued on page 18 The Children's Law Center is Dedicated to Young People at Risk By Melissa Russell Several years ago, when attorney Stephanie Hausman and her husband be- came foster parents, they experienced firsthand the intricacies of the New Hamp- shire juvenile system. The nine-year-old whom they later adopted had a team of dedicated professionals on her side, all very active and attentive to her needs, but Hausman saw deficiencies. There were so many people interact- ing with her. She had to gear up emotion- ally, and she knew she was expected to say everything was fine, Hausman says. What she needed was a therapeutic re- lationship that was just for her, someone she could tell anything to, and it would be okay. It became really important to look at all the systems from her perspective. This personal experience was a rev- elation for Haus- man, a former public defender. It S led her to the Chil- dren's Law Center of New Hampshire in Portsmouth, where executive director Lisa Wol- ford hired her to serve as the Cen- Wolford ter's first litigation director. Formed in July 2022, the CLC, con- ceived of, created, and founded by Wol- ford, provides legal representation and social services advocacy to children grow- ing up in poverty who are at the center of Children in Need of Services (CHINS), LAW CENTER continued on page 16 Miniatures and Motions: Andrew Piela's Vocation and Avocation Both Involve Strategy By Kathie Ragsdale Andrew Piela credits dinner-table conversations with his father for helping to shape both his career choice and his fa- vorite hobby. An engineer with a deep interest in history, Piela's father, Jack, would regale his family at mealtime with anecdotes he'd read about the Civil War or World War 11, supplementing the tales by tak- ing his two sons to visit institutions like the Bradley Air Museum, the Battleship Massachusetts, and the former Higgins Armory, which had displays of medieval armor. Piela's maternal grandfather, Don Bryfonski, had served in World War 11, and the few oc- casions when he would talk about his experiences or . share his wartime photographs only deepened the mili- tary interest Piela's father had fostered m i him. The more I learned, the more interested I became in the military history of the world, Piela says. Fast-forward a few decades, and Pie- la is now a veteran attorney with a focus PIELA continued on page 19 NHBA News..................... 2-19 Opinions ............4 N H BA•CLE ........20-21 Practice Area Section .....22-30 NH Court News ..............31-35 Classifieds.......................36-39 Periodical Postage paid at Concord, NH 03301 President's Perspective. Reflections After a Year as NHBA President. PAGE 2 NHBA Welcomes New Staff. New Editorial and Marketing Coordinator Grace Yurish. PAGE 2 From the Editor. The importance of levity. PAGE 3 603 Legal Aid. Taylor Flagg is new DOVE Project Coordinator. PAGE 3 Fictional Lawyers. PAGE 6 Wellness Corner. PAGE 7 An Update on the $100 Million YDC Claims Fund. PAGE 8 Flying Solo. PAGE 9 Ethics Corner. Identifying the Client in Estate Planning Matters. PAGE 10 50-Year Member Luncheon. PAGE 5 NHBA's New Mobile App. PAGE 11 Intellectual Property and Municipal & Governmental Law Sections Articles with important information and updates regarding both areas of law. PAGES 22-30 NH Judicial Branch Mental Health Sum- mit on June 21. PAGE 31 Practice Information and Tips from the Federal District Court Clerk. PAGE 31 NH Supreme Court At-A-Glance. Summa- ries of recent NHSC cases. PAGES 31-35

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