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21 New Hampshire Bar News (n.s.) 1 (2010-2011)

handle is hein.barjournals/nhbn0021 and id is 1 raw text is: ... Supporting Members of the Legal Profession & Their Service to the Public and Justice System New Hampshire BAR NEWS JUNE 18, 2010 An Official Publication of the New Hampshire Bar Association VOL. 21, NO. 1 Attorneys: S.A.F.E. Act Shouldn't Apply to Lawyers By Dan Wise Some attorneys say the NH Banking Department is try- ing to regulate the practice of law with its interpretation and enforcement of laws regulating mortgage modifications. The issue is more than academic to a number of consumers who have been unable to obtain legal representation to prevent or halt foreclosures due to the chilling atmosphere - as one attorney put it - of regulation in NH. [As an example, the NHBA Lawyer Referral Service refers clients inquiring about foreclosure prevention to the Banking Department.] And the issue is very real to Concord attorney Daniel Dargon, whose law firm is fighting an enforcement action - and a threatened $60 million in fines -for allegedly acting as loan originators AtaCLE last month, Banking Commissioner Peter Hildreth, at cent without obtaining necessary licenses. The law firm also faces (now on voluntary paid leave due to an unrelated matter) discus contempt charges for refusing to allow the Banking Depart- enforcement of the SAFE Act with Assistnt AG Karen Gorham (at ment to examine its client files to determine whether it was left) and Celia Leonard, Banking Department general counsel. complying with the limitations of an injunction which halted the original enforcement action. (See chronology on page 26.) to parallel. And the US Department of Housing and Urban Dargon maintains that he and his attorneys should not be Development has not yet completed the regulations to ad- subject to the Banking Department's oversight simply because minister the law, furthering uncertainties about how the law they are helping clients obtain mortgage modifications in the should be interpreted. The ABA has sought to broaden the course of attempting to avert foreclosures. narrow exemption in the national S.A.FE. Act, for attorneys Muddying the waters is that the state law (RSA 397-A) differs slightly from the national S.A.FE. Act it was meant S.A.F.E. continued on page 26 Outgoing NHBA President Tenn Reflects on Year When he accepted the president's gavel last June, NHBA Pres- ident James J. Tenn, Jr., referred to the Chi- nese proverb, May O you live in interest- ing times. On page 4, Tenn remembers how the Bar rose to the challenge of these interesting times and other highlights of his year as Bar president. Welcoming reriredJustice Daivd H. Souter back to New Hampshire at the Midyear Meeting was a highlight of Jim Tenn's year as Bar president. 2 School for leaders. NHBA Board approves cre- ation of a leadership academy for up-and-coming legal leaders to be launched this fall. 8 Expert witness tips. Attorney Jonathan Lax parses recent decisions on expert witnesses in tort cases. 9Innovations for websites. Wordpress is free, multi-faceted, and simple software that can make a lawyer's website a more effective marketing tool. 1IIOLTA awards. Bar Foundation announces IOLTA grants for this year. Guantanamo 'trials.' Two NH Bar members 1 discuss their experiences representing detain- ees at the Guantanamo offshore prison. 1 Lawyers and students. Reports on Law Day visits and the Bar's staging of the Project Citizen public policy portfolio exhibition for middle- schoolers. Try or mediate? Attorney Ellen Joseph reviews fellow Bar member Ora Schwartzberg's book on divorce mediation. Hammer and nails CLE. Seats will go fast for NHBA CLE's full-day Construction Law CLE on Sept. 29. 29 Bad budget news. The court budget suffered at the end of the legislature's special session to close the $295 million budget gap. At-a-Glance. Melissa Penson and Enrique Mesa team up to bring you summaries of May's Supreme Court opinions. The surprise ending is not helpful here. See page 13. www.nhbar.org Annual Meeting Honors Chief Justice Broderick, Keating, Andrews Editor's note: Visit www.nhbar. org for updated information on last-minute room availability or for banquet-only tick- ets for the 2010 NHBA Annual Meeting. On Sat- urday evening, Chief Justice John T. Broderic June 26, out- Justice Grimes Judicial Profes going NHBA tireless advocacy for access to President James J. Tenn, Jr., will present awards to the follow- ing members of the Association: Justice William A. Grimes Award for Judi- cial Professionalism - Chief Justice John T. Broderick, Jr. Ever since his initial appointment as Chief Justice, and especially in the past year, Chief Justice Broderick has been a tireless advocate for our courts and for access to justice for all citizens in New Hampshire. Throughout the difficult discussions with the k, testifying at a budget hearing in April, will receive the sionalism award at the Annual Meeting, recognizing his justice. Governor and the legislature over the court budget, the Chief Justice has demonstrated reasoned judgment, clarity of vision, and steadfast devotion to the cause of maintaining an adequate justice system for the state. The plaque for the Grimes award reads: As Chief Justice of the New Hampshire Su- preme Court, with passion, humor, diplomacy and quiet strength, he leads the state's court system - honoring its history and providing vision for its future. AM continued on page 17 Did You Know... ...in the past year, the Member Servic- es Department personally responded to more than 200 requests for help from Bar members? See page 11. Did you know? is a recurring feature from the NHBA Member Services Department, providing answers to questions about your Bar that you didn't even think to ask.