2004 Fall, 4. Introduction.

AuthorBy Dean John D. Hutson

New Hampshire Bar Journal

2004.

2004 Fall, 4.

Introduction

New Hampshire Bar JournalFall 2004, Volume 45, Number 3INTRODUCTIONBy Dean John D. HutsonI am very pleased to continue the long tradition of Franklin Pierce Law Center students writing for the "Annual Survey of New Hampshire Law" issue of the New Hampshire Bar Journal. As New Hampshire's only law school and the alma mater of more than one-third of New Hampshire's lawyers, we feel a very strong responsibility to the state. This is one way to fulfill that duty to the state and the Bar.

You will see that the array of articles covers a wide range of topics important to practitioners. This is as it should be and is completely natural because our students have a wide range of interests.

I sincerely thank the New Hampshire Bar Association for giving Pierce Law this opportunity to meet our professional responsibility and for giving our students a forum in which to publish their thoughts.

I hope that you will find some articles that are of particular interest to you and that they will be informative and helpful in your practice. That's the goal.

From the Editor: By Marcus Hurn

Our survey this year is again an assortment of short, pointed articles about recent cases covering a variety of practice areas: the problem of the mentally impaired client; application of discrimination law to membership associations; criminal immunity and cooperation agreements; difficulties in preserving at-will status of employees; business successor liability; calculation of child support when income fluctuates; and the nature of a workers' compensation appeal proceeding.

Some of the most difficult and controversial matters of professional ethics involve relations with clients who appear mentally impaired. An appeal from a guardianship proceeding last year gave the New Hampshire Supreme Court a very limited opportunity to address this tricky issue. Starting from that decision, Ambre Brandis shows the inherent tension and ambiguity in both the New Hampshire Rules of Professional Conduct and the more elaborate provisions of the current A.B.A. Model Rules.

The significance of at-will employment and the best methods of preserving that status in the context of employee handbooks are not news, but the employment relationship is dynamic, not static. Standardized disclaimers are useful, but, as our court...

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