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Bar News - January 21, 2005


Recalling When Bench and Bar Relations Were Closer

Editor's Note: The following is an excerpt of a letter by Londonderry attorney Bruce Dorner to NHBA President Jim Gleason that reflects tenets of the Statewide Professionalism Day.

When I was admitted to the NH Bar, we were told that you have to get involved to know what is happening in the Bar. We were encouraged to participate. Most of our employers were eager for us to get out and meet other lawyers. Sure, there were time constraints and the occasional "wallflower," but we jumped in.

We had good role models right from the start. I recall fondly that the official luncheon meeting at the Highway Hotel was attended by all the "big shots," right from the senior members of the large law firm all the way to the judges from the Supreme Court. Heck, I thought my introduction to Justice [the late Supreme Court Justice Maurice] Bois was going to be the end of my career. There we were at the Highway Hotel. There I was in a three-piece suit brimming with pride and totally lacking in social graces and knowledge of the local landscape. We had just been told that first names are used among members of the Bar. I reached across the table and introduced myself. The older gentleman across extended his hand and said, "Hi, I'm Moe Bois!" I replied, "Nice to meet you, Moe." We chatted. A few minutes later his former law clerk approached, groveled before him and used the words, "Justice Bois." I just about passed out! I offered a profuse apology for not knowing he was on the Supreme Court. He said, "We're not at the courthouse and this is a social occasion, so "Moe" is just fine."

That turned out to be a fortuitous event for me as Moe took me under his wing and kept me involved in Bar activities. Whenever I was at the Supreme Court to do research (in pre-Internet days we used real books), Moe would see me and come over. He wanted me to know that the Court was a friendly place and took me into the "back room" to "meet the boys." It was truly a humbling experience for a green attorney.

I soon found that there were many other like-minded senior attorneys and that it was easy to become involved in Bar Association activities to enhance the profession.

Today, I fear that with the pressures of the billable hour and the lack of old fashioned face-to-face time, we need to reinvent the Bar. We need to look toward more mentoring both for those within the firm and for those who are practicing alone or with a similarly experienced colleague.

I fear that there is a current perception that if a newer attorney seeks help or advice, it is a sign of weakness. I recall another event where I had a difficult (for me) case and I called opposing counsel. The attorney on the other side knew I was green, but I knew he was a gentleman. I figured there was no harm to revealing my lack of experience and he already knew he had the advantage in that area. I asked him, "if you were in my shoes, what information would you be seeking from opposing counsel?" He chuckled and replied, "I'm glad you asked that question as I want our relationship to be fair." He gave me several suggestions on how to manage my case and we were able to move forward quickly to an amicable resolution.

Today, I learn that there is opposing counsel on a matter when I receive a copy of an appearance and a pile of motions-matters that could easily be handled by a simple phone call and some professional courtesy. I fear that no one is teaching the new lawyers how to reach out, how to build relationships, and how to resolve conflicts without the formalities of court involvement.

Yes, our Bar now has far more members than in the "old days." It's not possible to know most of the members of the bar. Maybe it's time for another pictorial directory?

Well, Jim, just some rambling from one of the old guys. My time is a bit limited, but if I can act as a resource, I'm here to help.

Bruce L. Dorner
Londonderry

Editor's Reply: The pictorial directory is being developed. Programming is underway to add photos to the NHBA Member Directory on the Web site. Look to Bar News or the NHBA eBulletin in coming months for progress reports on this project.

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