The Daniel Webster Batchelder American Inn of Court
Past Materials: 2015 through Present

Past Materials: DWBAIC 2015 through Present

Materials for the 2023/2024 Inns Season

October 4, 2023 - Circuit Court Judges' Roundtable

Featuring Circuit Court judges who handle District Court, Family Court, and Probate Court matters, we will explore how family and criminal matters overlap among these three divisions of the Circuit Court, what advice judges have for attorneys who handle these cases, whether a lack of resources is adversely impacting their ability to reach the cases in a timely manner, and how delay may be impacting the problems they see in their courtrooms.

November 1, 2023 - JOINT MEETING/Generative Artificial Intelligence and the Practice of Law

Presented by the Charles C. Doe Inn, the presenting table requested the expertise of John F. Weaver, Esquire to present on this topic. Attorney Weaver is the chair of McLane Middleton’s Artificial Intelligence Practice, and a member of the Cybersecurity and Privacy Group. He is a sought-after national voice on legal issues involving artificial intelligence. His presentation involved PowerPoint and began with the message, “Everything is going to be fine,” which immediately caught the attention of the room amidst chuckles. The presentation went on to define artificial intelligence, discuss AI in legal context, and ended with the future of AI and the law, and access to justice. It was a riveting presentation that was followed up by a short lecture from Justice Hantz-Marconi and skits by the remaining members of the presenting table of the Doe Inn.

December 6, 2023 - Attorney/Client Privilege in the Corporate Context (Ethics)

A number of New Hampshire's Rules of Professional Conduct require an attorney to protect and preserve attorney-client privilege, or, in other circumstances, clearly communicate whether attorney-client privilege will not, or may not, attach to certain communications. The CLE will address the NH and applicable federal case law outlining the scope of attorney-client privilege when an attorney represents a corporation or other organization (including considerations of who is identified as the client) and provide a survey of the ethical obligations that need to be navigated in that context.

Materials

January 3, 2024 - Liens, Attachments & Writs of Executions

Often times one of the challenges neglected in an otherwise strong case is how will your client get paid at the end. The table should consider the tools available to help ensure that there is a pot of gold at the end of the rainbow for our clients. Topics to be considered are: when can you obtain a lien or attachment, what types of assets are lienable, how are lienable assets identified, how do you perfect a lien, how do you defend against a lien, when is an ex parte attachment justified, and once you have a lien, now what? While the best things in life are free, you can give them to the birds and bees. Money, that is what clients want. LEt's make sure the clients get what they want.

Materials

PowerPoint

February 7, 2024 - Client Interviewing: Groundhog Day All Over Again!

The focus was on the importance of client interviewing, with particular emphasis on civil litigation context. The premise was that in each scenario it was "Groundhog Day" and after the problematic client interview we could "go back" and re-live the interview to improve and learn from it. The interviews included missing important factual information in the initial interview, third party payer ethical dilemmas, and family members involving themselves.

Materials

PowerPoint

March 6, 2024 - Joint Representation and Waivers (Ethics)

New Hampshire Rule of Professional Conduct 1.7 allows for joint representation of clients in appropriate circumstances. Common situations requiring a joint representation analysis include representation of co-defendants in litigation, disputes between members of closely held entities, and representation of a corporate entity and its sole owner. The Table's presentation on this topic should consider the need for "informed consent" as defined under Rule 1.0(e) and the application of the "harsh reality test" referenced in the Ethics Committee Comment to Rule 1.7.

Fact Patterns

Materials

PowerPoint

April 3, 2024 - Appealing Administrative Agency Decisions

This program will focus on the procedural and substantive law around the appeal of New Hampshire state agency decisions. Possible areas of focus include the Administrative Procedure Act (RSA 541-A), appealing non-APA decisions under N.H. Supr. Ct. R. 10, preservation of issues around an agency, and how Chevron does - or does not - inform the N.H. Supreme Court's approach to resolving these appeals.

Materials

May 1, 2024 - Pro Bono/Contesting Evictions (Landlord Tenant)

This program will focus on defending landlord residential evictions for indigent tenants. While the table may want to partner with Legal Aid to briefly outline how individuals sign up for a pro bono eviction defense, the program should be by members of the Table and focus on both procedural and substantive defenses and strategies including: the required content and service of the Eviction Notice and possible Demand for Rent, whether to present your case on offers of proof of an evidentiary hearing, the effective use of the court mediation including advising the tenant of the effect of a court ordered eviction on their ability to obtain a future rental, conditions of the premises effecting landlord's right to evict, governmental rent assistance, a discretionary stay, appeals, and whether it operates as a stay.

Materials for the 2022/2023 Inns Season

October 5, 2022 - Female Judges' Roundtable

November 2, 2022 - Overview of the Attorney Discipline Office (Ethics)

Materials

December 7, 2022 - Hate Speech

Hate speech is (a) constitutionally protected, (b) actionable if it creates a hostile work environment, (c) grounds for expulsion from public school, (d) a statutory right enjoyed by New Hampshire public employees, (e) prosecutable if likely to provoke a violent response, (g) too often suppressed, (h) too often allowed, or (i) ALL OF THE ABOVE. You have one hour. Good luck.

Presentation

Hypotheticals

Proposed Audience Questions

PowerPoint

January 4, 2023 - How a Bill Becomes a Law and How You Can Get Involved

Understanding the process of the New Hampshire legislature in proposing and creating statutes helps us in the legal profession better appreciate the statutes we address in our jobs. This program will focus on explaining that process, what influences the legislators in that process, and provide the Inn members insights as to how we that are not lobbyists can get involved in the statute making process for an area that we have a passion about that is not tied to a particularly client advocacy.

FAQ

Glossary

Guide to Search Legislative Service Requests and Bills

February 1, 2023 - Data Privacy/Geofencing

A discussion of the constitutional and practical considerations regarding geofence warrants.

Introduction

Materials

Hypotheticals

March 1, 2023 - March Madness: Unauthorized Practice of Law and Developments in Representation by Paralegals and Out-Of-State Counsel

Materials

Hypotheticals

Answers to Hypotheticals

April 5, 2023 - Haaland v. Brackeen: The Indian Child Welfare Act and Equal Protection

The Indian Child Welfare Act (ICWA) was adopted in 1878 for the purpose of protecting the well-being of native children and their families, and keeping native children within their communities where possible. Accordingly, ICWA provides native families with preferential status related to the adoption of "Indian child[ren]." Several plaintiffs, including states, challenged ICWA's constitutionality on multiple grounds, including equal protection. The case is now being briefed to the United States Supreme Court.

A foundational tenant of Federal Indian Law is that Tribal membership is a political classification, not a racial classification, and has been considered settled law since 1974. This case brings that tenant into question. This program will provide a brief overview of Federal Indian Law concepts and address the arguments presented in the Brackeen case (as well as the Court's ultimate decision if issued by April 2023).

Materials

21-376 Haaland v. Brackeen (06/15/2023) Supreme Court Decision

May 3, 2023 - Annulment of Criminal Records

A criminal record can affect a person who is looking for employment or housing. RSA 651:5 permits a person to annul his or her criminal record under certain circumstances. This program will explain the process of annulment of a criminal record, including what records quality for annulment and the effects of annulment of a criminal record.

Joining us will be 603LegalAid to provide a presentation on their services and to register people to sign up to perform annulments for people on a pro bono basis.

Presentation

Pro Bono Panel Registration

Materials for the 2021/2022 Inns Season

October 6, 2021 - Judges' Roundtable - Supreme Court Perspectives

November 3, 2021 - The Turbulent Teen Years of Apportionment in Civil Cases

It has been 15 years since DeBenedetto v. CLD Consulting Engineers (and 18 years since Nilsson v. Bierman). My, how they've grown! The New Hampshire Supreme Court has refined the law of apportionment in civil cases during that time. However, there are still a lot of questions left unanswered. This program will explore apportionment in civil cases since DeBenedetto and Nilsson and will also discuss current issues being litigated in this area. This includes whether there should be apportionment of intentional and negligent tortfeasors, what to do with an unidentified tortfeasor, and what causes of action are subject to apportionment.

Materials

Case Law

December 1, 2021 - Intersection of Divorce and Estate Planning

Divorce changes everything, including decision on wealth transfer upon death and who will care for your clients when needed. This program will include educating Inn members on the basics of what happens under the law if the divorced client does not change her will or trust and life insurance that has the ex-spouse as a legatee/beneficiary to changes in the estate plan of the client due to the evolved circumstances related to the divorce. The client may not want her assets inherited by her children to be in the control of her ex-spouse as the custodial parent of their minor children. What about child support after death? What about trusts for the benefit of the minor or adult children? What about the client's parents' estate planning for their grandchildren? Time to change the healthcare and financial durable POA? What changes in your client's investments and lifestyle such as perhaps working longer to adapt to the evolving post-divorce retirement planning alter the estate plan? This program should provide Inn members with guidance on the right questions to ask the divorced client and the options for the evolving estate plan.

Materials

January 5, 2022 - Sentencing Advocacy and Restitution Agreements

This CLE has something for everybody. Prosecutors and criminal defense lawyers will like it because it will help them step up their game. Other lawyers will like it because it will help them avoid becoming criminal defendants. Also, there's an ethics component. The first part of the CLE will deal with written and oral sentencing advocacy in criminal cases, predominantly in state court. The second part of the CLE will deal with restitution agreements when there is a possibility of criminal liability.

US Sentencing Guidelines Table

February 2, 2022 - Civility and Professionalism (Ethics)

Civility and professionalism are two distinct but related topics. With respect to civility, attorneys practicing in NH often remark that they are grateful to practice law in a jurisdiction that does not suffer from the "sharp practice" that characterizes so many larger jurisdictions. Table members addressing this topic should consider how maintenance of civility impacts their practice and in particular how it assists attorneys in beign better advocates for their clients, as well as the extent to which certain Rules of Professional Responsibility and similar materials encourage civil treatment of opposing parties and counsel. Professionalism includes civility, but also encompasses other concepts like preparation, honesty, and integrity. As with civility, table members should consider how these concepts translate into better advocacy and client service. Table members may also consider the extent to which principles of professionalism are contained within the Rules of Professional Responsibility, court rules, and other related materials.

Materials

March 2, 2022 - Implications of "Working from Home"

Prior to 2020, many employers allowed employees to work from home on a sporadic or as-needed basis, but the majority of employees were still expected to work from a primary office location. Due to the COVID-19 pandemic, many more employers have embraced "work from home" and/or broadened the type of remote work arrangements they will permit. As a result, many employees may be permanently working from a location distant from their employer, or temporarily working remotely from another state. Such arrangements create a number of legal issues for employers. This program will explore the issues and challenges faced by employers when employees ask to engage in telework from another state, such as tax considerations, wage and hour matters, employee leave/accommodation entitlements, workplace safety, and the application of employer work rules.

Materials

April 6, 2022 - To Vaccinate or Not to Vaccinate, That is the Question: Legal Issues Arising from Vaccines

Vaccines are a public health necessity. The vast majority of vaccinations cause no injury at all. However, in rare instances, serious injuries can occur. This program will explore the federal Vaccine Injury Compensation Program (VICP) and what relief is available to those injured by vaccines. The program will also briefly discuss the separate program for COVID vaccines. In addition, other issues surrounding vaccination will be discussed, including whether vaccinations can be required in workplaces, schools, and other settings.

May 4, 2022 - Municipal Law and Town Meetings

Town meetings are a valuable way for NH's citizens to interface and participate with their local government. The laws governing town meetings can at times seem byzantine, unintuitive, and outdated. The table is charged with providing a concise overview of how NH's municipalities conduct their annual meetings.

Materials

Appendix

Materials for the 2020/2021 Inns Season

Program Descriptions

October 7, 2020 - Zoom Virtual Meeting

Are We Already Stuck in the Weeds(s)?*

New Hampshire is quickly becoming an island among states that have legalized/decriminalized recreational marijuana. This changing landscape, as well as New Hampshire’s own legalization of medical marijuana, has created new opportunities and challenges for New Hampshire businesses and attorneys. This topic is broad. The table charged with this CLE is encouraged to consider covering some of the following issues: the ethical rules for attorneys assisting individuals and/or businesses with matters related to medical marijuana and/or the marijuana industry; business/transactional concerns related to businesses engaged in the sale of CBD (or THC) products, including banking and taxation matters; challenges faced by employers related to employee drug use, including drug testing, disability and accommodation concerns, and the intersection of state and federal laws; and, the New Hampshire Supreme Court’s recent decision in Appeal of Panaggio addressing reimbursement through workers’ compensation for medical marijuana.

CLE Materials

November 4, 2020 - Zoom Virtual Meeting

Patents, Copyright, and Trademarks . . . Oh My!: Intellectual Property Law for the Non-Intellectual Property Law Attorneys

We’re not in Kansas anymore! Most attorneys do not know much (or anything) about intellectual property law. Yet, we are likely to face intellectual property issues as attorneys. For the past few years, we have had joint meetings with the Gajarsa Inn, New Hampshire’s intellectual property law Inn. This year, the Gajarsa Inn will provide us with what we need to know about intellectual property law.

KRAKEN TANK

In this episode of KRAKEN TANK®, the Krakens hear pitches from three businesses asking for investments. The inventions behind these three investment proposals are a cure for COVID-19, a privacy wall that sets up in seconds, and a dog distractor. Our business owners have interesting backgrounds in criminal, domestic relations, and debtor-creditor issues. Watch and see if the Krakens invest! Businesses boom if a Kraken invests in them, almost without exception. Will any of these inventions get that miracle boost?

Kraken CLE Material

December 2, 2020 - Zoom Virtual Meeting

Developments in RSA 91-A Jurisprudence

One of the fundamental rights in the New Hampshire State Constitution’s Bill of Rights is the public’s right of access to governmental proceedings and records and that government “should be open, accessible, accountable and responsive.” N.H. Const. Pt. 1, Sec. 8. The General Court further developed this right by enacting Chapter 91-A Access to Governmental Records and Meetings which provides an individual access right to certain governmental records. This summer, the New Hampshire Supreme Court issued two published decision, Seacoast Newspapers, Inc. v. City of Portsmouth and Union Leader Corporation &. a. v. Town of Salem, and one unpublished decision, Marianne Salcetti & a. v. City of Keene examining issues related to RSA 91-A and overturned one of its prior decisions, State v. Fenniman, 136 N.H. 624 (1993). Since access to governmental records, including police disciplinary records, has been a topic of significant cultural discussion recently, please share the recent developments in NH 91-A caselaw with the Inn. In considering your presentation, it may make sense to look at some of the other related statutes, such as NH RSA 105:13-b, as well.

91-A Request Notes

All Case Law

Chapter91-A Access to Governmental Records and Meetings

January 6, 2021 - Zoom Virtual Meeting

Judges’ Roundtable

A panel of judges will discuss the anatomy of a trial with a focus on trial advocacy.

February 3, 2021 - Zoom Virtual Meeting

Virtual Advocacy

We are all working more remotely. The combination of fast, cheap online access and advancing videoconferencing technology means the Zoom deposition is here to stay. Indeed, many litigants have already concluded that it is better to complete even evidentiary hearings remotely than to wait for in-person court proceedings to resume in earnest. This CLE will help practitioners navigate this new reality. Questions that the table presenting should consider covering include the following. What is appropriate dress for a new client meeting via Zoom? What should you consider before agreeing to a virtual hearing? What sorts of non-verbal communication are important to keep in mind during virtual proceedings? How should you counsel a client when you have been ordered to participate in a virtual hearing? What are best practices for a virtual deposition? How should exhibits be handled? What steps are necessary to address any relevant confidentiality concerns? Do the benefits of a virtual trial outweigh the costs of a cumbersome socially-distanced in-person proceeding?

Bench Notes Five More Tips for Bringing Your Video Advocacy to the Next Level

Bench Notes Tips for Video Hearings

Checklist for Virtual Hearings and Bench Trials

Counsel AAAL Remote Task Force Recommendations for Counsel Final

Ethical Considerations for Remote Litigation

Principles for Continued Use of Remote Court Proceedings

Questions for Video Depositions

The Impact of Video Proceedings on Fairness and Access to Justice in Court

March 3, 2021 - Venue to be determined

COVID-Related Tort Claims and Liability

The resumption of economic activity across the country gives rise to numerous questions about the legal risks of operating in the midst of a pandemic. Personal injury claims based on COVID-19 have already been filed in a number of jurisdictions. Existing actions have been predicated a various theories of liability including failure to warn of the presence of a COVID-19 outbreak, failure to take reasonable steps to prevent viral spread, and even theories of public nuisance echoing strategies in response to other public health crisis such as in opioid, tobacco, and environmental litigation. Indeed, the potential for a high volume of lawsuits has prompted industry to seek tort immunity at both the State and Federal level. This CLE will explore what the COVID-era of tort litigation might look like, the most likely areas of success for the Plaintiff's bar, and the practical and legal responses that may be deployed by the defense bar.

April 7, 2021 - Venue to be determine

Parenting Plans

This program will look at the changes that have occurred to the Court’s standard form Parenting Plan and topics which are often overlooked by practitioners. These include issues such as Residential Responsibility and the abandonment of past concepts such as: (a) custody, primary residential responsibility, sole custody, and primary parent, (b) relocation, and (c) methods or resolving disputes. It will look at the importance of carefully describing the parenting schedule and decision-making, enforcement of Parenting Plans during the pandemic, enforcement of Parenting Plans where parental alienation or domestic abuse is alleged. It will also look at using a Guardian ad Litem in developing a Parenting Plan.

Index Parenting Plan Presentation

Parenting Plan Presentation

May 5, 2021 - Venue to be determined

Clients with Diminished Capacity (Ethics)

This program will focus on the numerous considerations and obligations attorneys have when working with clients whom have diminished capacity. It is anticipated that the program will cover attorneys’ obligations when representing such clients in a variety of circumstances, for example: wards or proposed wards in a guardianship proceeding; minors in a personal injury case; estate planning clients who while having a diminished capacity are still legally mentally competent but may be more susceptible to undue influence from relatives; clients with an alcohol or drug problem; and divorce clients that are emotionally distraught and not thinking as rational as they normally do. The different legal standards and overarching ethical standards will be discuss along with practical tips and insights.

Representing Clients With Diminished Capacity