 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 
|
|
 |
||||||||||||||||
|
Bar News - February 21, 2003 Morning Mail Thanks for Representing NH Bar in Kamasinski Case I am writing this letter to publicly congratulate attorneys Joseph McDowell of Manchester and co-counsel Joshua Gordon of Concord for their excellent work representing the New Hampshire Bar Association against Theodore Kamasinski. Our office knows the absurdities of having to deal with Mr. Kamasinski. I can only imagine how difficult and stressful this assignment was. The New Hampshire Bar Association is deeply indebted to Joseph McDowell and Joshua Gordon for the great service they have provided, not only to the lawyers who practice in this state, but also to the people of New Hampshire who are our clients. Thank you for your dedication and work. William E. Brennan Insurance Disclosure Rule Questioned Two questions and a comment reference the new Rule 1. 17 that requires attorneys carrying less than $100,00/300,000 in professional liability insurance to disclose such fact, in writing, to all new and, subsequently, to existing clients. Please note that in submitting the following, I am assuming only good-faith intentions by all entities and persons. First question: If the purpose of the rule is to "...help clients make a more educated decision..." (on whether to hire a particular lawyer), why not require all lawyers to inform their clients of the amounts of malpractice insurance they carry. After all, while $100,000/300,00 might give comfort to a person undergoing a divorce or misdemeanor charge, a new-to-New Hampshire business looking to become involved with industrial real estate might want to know that a New Hampshire law firm carries only $1 million/2 million and not the $10 million/20 million that might be standard for a Boston or New York law firm. Why impose an unequal burden only on economically disadvantaged lawyers? Is this "equal protection of the laws"? Second question: If, on the other hand, the purpose of the rule is to protect clients from "...an attorney...(who) has committed malpractice and is without assets to compensate the client...", why not, instead of this rule, set up a self-insurance pool similar to the client's indemnity fund pool, providing every member of the Bar in good standing with the minimum in coverage. Yes, this would cause an increase in our mandatory dues, but for once it would be totally for the members' benefit, and I doubt would raise little in the way of objections And a comment: As one who, a year and one-half ago, "went inside" and became in-house counsel for a former client, I am exempt from this rule (though I do maintain insurance over the minimum limits, so I have no personal ox to gore). However, I do note that Rule 1. 17 was just proposed in the late spring and adopted in December. Would that the Supreme Court and the New Hampshire Bar Association exercise as much restraint and careful study in "lawyer reform" that they demand of the Legislature when proposals for "judicial reform" are made! Robert H. Fryer Vie for the Jordan Trophy in Corporate Ski Challenge The New England Handicapped Sports Association is conducting its 17th Annual Corporate Ski Challenge on Saturday, March 8, 2003, at Mount Sunapee. Our firm has had the privilege of sponsoring and participating in the Ski Challenge for the past couple of years. NEHSA was founded in 1972 as a non-profit organization run by and for physically disabled persons who want to enjoy active and independent lives through participation in sports. NEHSA's programs include ski instructions for developmentally disabled persons. The corporate ski challenge is a major fundraiser for NEHSA. This year, NEHSA is honoring the memory of our late partner, Ted Jordan. Ted was an avid skier, a fine lawyer and a wonderful human being who never met a person he did not try to help. Our firm's team, racing under the name the "Jordanaires," together with the team from Abramson, Brown and Dugan, a/k/a "Last Year's Winners," are this year proud to sponsor a trophy in memory of Ted to the top team in the Legal Division. We hope to make this an annual award. In order to qualify for the Legal Division, the team must be sponsored by a lawyer, law firm, judge or court and must have at least one member of the team from the sponsoring entity. Several lawyers and law firms have already signed up to sponsor teams, as well as a team of district court judges and a team of superior court judges. We invite all members of the Bar, judiciary and courts to participate in this worthwhile endeavor. For more information, please contact Jeanne and David Finley at 21 West Drive, Bedford, NH 03110 or e-mail jpfinley@attbi.com, or check out NEHSA's Web site at www.nehsa.org. Witness the triumph of the human spirit. Joseph R. Gall, Jr. Editor's note: See the Jan. 17, 2003 issue of Bar News or go to Archives in the Publications section for an article on the NEHSA Corporate Ski Challenge.
OPINIONS IN BAR NEWS UNLESS OTHERWISE INDICATED, opinions expressed in letters or commentaries published in Bar News are solely those of the authors, and do not necessarily reflect the policies of the New Hampshire Bar Association Board of Governors, the Bar News Editorial Advisory Board or the Bar Association staff.
|
|
Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store New Hampshire Bar Association |
