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Bar News - June 7, 2002 NHBA Supports Concept, Expresses Cost Concerns IN A LETTER to the Professional Conduct Committee following a presentation to the NHBA Board of Governors on the PCC’s restructuring proposal last fall, the Bar endorsed the concepts of the plan. (The proposal was described in detail in Bar News articles on Oct. 5, 2001 and Jan. 18, 2002 – find them at under Publications – Archives.) In the letter, NHBA President Peter Hutchins noted in particular the value of PCC staff involvement in stages of the disciplinary process, since this would more likely result in timely investigation and prompt disposition of complaints than the current reliance on volunteers. The letter also expressed support for the plan because it provides a clearer opportunity for "diversion" or rehabilitative treatment in response to certain complaints filed with the PCC; it would address those complaints made by clients who feel they were inadequately served by an attorney (unreturned phone calls, lack of communication, disputes over fees, etc.), but which do not represent clear-cut violations of the disciplinary code. Under the current system, such complaints fall into a "gray area" that is often not suited to being handled by either the disciplinary process nor by voluntary dispute resolution. However, NHBA Board members, as reflected in Hutchins’ letter, said they were concerned about the scale of the changes and how the modifications would be financed. "The Board is concerned about the cost of these changes, and trusts that the committee will implement the proposal as efficiently and economically as possible," Hutchins wrote. "We commend the [PCC] for its excellent work to date, and recognize that [its ability to process complaints] is threatened by the current backlog. This proposal addresses that backlog and due process concerns, and also provides a long overdue diversion program," the letter concluded.
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