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Bar News - June 3, 2005


An Associate's Perspective on 'The New Hampshire Way' of Practice

By:

Twice each year a new class of attorneys lines up in the New Hampshire Supreme Court to be sworn into the Bar. At each swearing-in, the newly admitted attorneys are reminded that New Hampshire is a unique place to practice law, most importantly because of the friendly and collegiate bar that exists here. Further, they are charged with the responsibility of carrying on this New Hampshire tradition by treating their colleagues, including their adversaries, with respect and courtesy.

Similarly, this charge to maintain professionalism is a primary focus during the two-day Practical Skills class required of all new admittees. Examples provided of this "New Hampshire Way" include granting a colleague an extension if requested, or cooperating to resolve discovery disputes without the need to involve the court. Again, the emphasis is on respectful and courteous interactions with each other.

As I think about my first two and a half years of practice, I find that by and large the New Hampshire bar has been exactly as promised during the swearing-in ceremony. Certainly the majority of the practitioners I have encountered, whether on the same side of the room as I, or on the opposite side, have been pleasant, friendly, and respectful.

However, when I was asked to reflect on professionalism, unfortunately it was the distasteful experiences that first came to mind. There was the attorney who stormed out of (my first) deposition with no provocation or cause. In another case, an attorney attempted to swindle me into abnormal (and short) deadlines at a structuring conference. There was the attorney who refused to return my phone calls, no matter how many messages I left. And the attorney who sent me letters thanking me for agreeing to things he had never called to request. Finally, there was the attorney who sent me a draft motion requesting my assent, then filed a substantially (though subtly) different motion from the one I agreed to, representing that I had assented.

In my opinion, the common thread among these few instances is that of the adversary attempting to gain advantage over the young novice attorney. In retrospect, each instance was probably a valuable learning experience for me. And yet, this type of conduct flies in the face of the culture of professionalism alive and well in New Hampshire.

It is easy to recognize the responsibility one has to mentor more junior attorneys within your own office, Bar Association section, or social group. The more difficult challenge is to recognize that New Hampshire practitioners have an equal responsibility to the junior attorneys they encounter on the other side of a case, and to live up to the responsibility. I am reminded of the eternal "Golden Rule" which we all learned as children: treat others as you yourself would like to be treated. In order to succeed in our charge to retain the unique character of the New Hampshire bar, this rule must be applied universally to young and old, friend and foe.

Melissa Hanlon practices with Sulloway & Hollis in Concord. She was admitted to the NH Bar in 2002 and is a member of the NHBA Standing Committee on Professionalism.

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