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Bar News - March 19, 2004 The Bar You Know vs. ? By: Jeannine McCoy Exexcutive Director THIS YEAR, your NHBA Board election ballot mailing includes something new - something blue. In an effort to call attention to and keep separate the election ballot and the referendum ballot, the latter is coming to you in blue, with a color-coordinated envelope. Loyal reader ...you MUST be a loyal reader if you are reading a letter from me ... by now I am sure you have seen the Bar News coverage of the referendum on unification, and the challenge to the legislation dictating such a vote. The referendum asks: "Shall membership in the New Hampshire Bar Association be required for all attorneys licensed to practice in this state?" Our Board of Governors has unanimously resolved to urge members to vote "Yes" to preserve the unified Bar. An important implication of the unification referendum is who will control the processes of attorney licensure and registration in the future. No matter what the outcome of the referendum-or the challenge to the law's constitutionality-there will continue to be a NH Bar Association, and there will continue to be some form of attorney licensing. (Currently, annual "registration" is handled by your unified [mandatory] Bar association.) A "no" vote on the referendum (i.e. against unification) would introduce uncertainties in the area of cost. It is unclear from the law who is to handle the annual "registration" to practice law...and the decision of how much to charge would no longer be in the hands of a member-elected board. Will an administrative arm of the government see an economic opportunity in the setting of attorney licensing fees? Could the licensure of attorneys by a state agency result in additional regulation to satisfy political whims? There are pros and cons to voluntary and mandatory (unified) types of state bar associations. A "no" vote (for deunification) will indeed give you the choice of whether or not to join your statewide Bar Association. BUT that choice will come at a price. The services of a voluntary association will inevitably cost more if borne by a smaller number of members, and some of the Bar's resources will be diverted into the tasks of membership recruitment and retention. Casemaker, CLE, Bar publications, Web site and email interaction and other services will probably become more expensive. At that point, some who need them the most may be the least able to access them (in addition to paying the mandatory "licensure/registration" and other fees). There will be another cost - the cohesion of the legal profession. Replacing a mandatory, member-controlled Bar Association with a state licensing process and a voluntary Association divides the profession, making it more difficult for members to communicate with one another as well as to speak and to be heard with a unified voice as a profession. A "yes" vote on the referendum keeps the membership in control; the entire bar would continue to be governed by an elected board nominated through an open process. The attorneys who volunteer their time for Bar governance come from all backgrounds (as the biographies and statements of the candidates starting on page 8 attest), including transactional and litigation practices, the public as well as the private sector, and from firms or offices large and small, representing every county in the state. Please review the issues and viewpoints surrounding the referendum as they appear in Bar News and on this site, and/or participate in the information sessions slated for March 26 and April 2. For More on These Issues... Web resources - On this site, under Publications/News Releases there is a link to a "Deunification Discussion" where you will find links to articles previously published in Bar News and the Bar Journal that present differing views on the issue of the unification of the Bar. "Deunification Case Pleadings" provides links to briefs filed by the Bar, the Attorney General and the Legislature on the constitutionality of the law mandating the membership referendum on the unified Bar. The official recording of the March 10 oral argument also will be available on our web site. Information Sessions - An opportunity to speak with Bar leaders on these issues will be held at the Bar Center on Friday afternoon, March 26 and at noon on Friday, April 2. The Bar is investigating technology options to provide access to these forums for those who are unable to attend in person.
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