Malicious Defense of a Civil Action
I like it when the law is even-handed. Imagine what life would be like if it wasn’t. Everything would be [...]
Peter’s Perspective
Abuse of Process
Abuse of process is the cousin of malicious prosecution. Abuse of process is to civil actions what malicious [...]
The Law of Defamation
On one occasion, I was researching the law of defamation. In doing so, I stumbled upon words written by [...]
Statutory Rape in New Hampshire
Statistics show that 16% of adolescents under the age of 15 have had sex. About one third of all high school [...]
Discrimination Sucks
You’ve likely seen the bumper sticker that says “Mean People Suck!” Well, I’m going to carry the [...]
The Legal Crystal Ball
I began to notice it about ten years ago. That’s when I first began to see judges, mediators and lawyers [...]
The Language of The Law
I’m in the business of explaining the law to my clients. There are times when I do a poor job of it. [...]
Daniel Webster and Me
Daniel Webster interests me. We even have some similarities. Part of my interest stems from the fact that [...]
The Injuction
It’s 1982. My father, mother and I are at a Lebanon City Council meeting. The meeting is packed with [...]
Don’t You Just Hate Bullies?
I’ve never liked bullies and I can’t imagine who does. My dislike for bullies started in childhood and [...]
The Guilty, Nolo and Alford Pleas
At an arraignment or at a plea and sentencing hearing, a defendant enters a plea. One of the plea options is [...]
You are Pulled over and You Did What>
You’ve gone out to a fine restaurant. The waiter has handed you a wine list. You make a selection. When the [...]
Felonies are Mortal Sins – Misdemeanors are Venial Sins
My office building was a former convent. For that reason, forgive me if I draw upon precepts of Christianity [...]
Why you might need a Lawyer.
If you’ve ever watched a television show that has a court trial in it, you’ve no doubt heard one of the [...]
Muffin Diplomacy
It’s 2001 and I have a case to mediate. The mediation is taking place about 100 miles away in a small, [...]
The Corpus Delecti and the Actus Reus
I don’t know how old I was when I first heard the words corpus delecti, but I can tell you I enjoyed saying [...]
Citizens Arrest, Citizens Arrest
You may or may not remember the episode of the Andy Griffith Show where Deputy Barney Fife stops and arrests [...]
Lesser Included Offenses
A lesser included offense is a criminal offense that is made up of some, but not all, of the elements of a [...]
Capital Murder in New Hampshire
New Hampshire has a capital murder statute. One clear way to commit capital murder in New Hampshire is to [...]
Annulments
When I was growing up, I was taught that once you married, you were married forever – the marriage [...]
Where Does Mercy Fit In When Sentencing A Defendant
Every lawyer practicing criminal law knows the objectives of sentencing. There are four of them: to punish [...]
Impeaching a Witness – A Perry Mason Moment
When a witness is impeached, you are calling into question his/her credibility. One way to impeach a witness [...]
Divorce Settlements and Boiling Pots
You’ve heard the saying – all boiling pots must come to a simmer. That’s obviously true, but how do [...]
Common Law Marriage in New Hampshire
A number of years ago, a local man died after living with a woman for about 25 years. Although the man asked [...]
The Story of Valentine’s Day
Yesterday, I’m in Norwich, Vermont. As I walk down the street, a young man carrying a 4 foot stuffed bear [...]
Is it Your Baby?
According to the US Department of Health and Human Services – childbearing by unmarried women has [...]
The Confusing Role of the Guardian Ad Litem
The role of the Guardian ad litem (GAL for short) took hold in the 1970’s. It came shortly after the [...]
Jurisdiction Issues in a Divorce Proceeding
Clients rarely know this, but during their first interview with an attorney, the first real issue to resolve [...]
Deviating from Child Support Guidelines
A judge is entitled to deviate from the strict application of guideline support. Guideline support is the [...]
How Child Support Obligations Are Calculated
“It wasn’t always the way it is.” That’s what I tell people when they ask how child support [...]
Interference with Parental Visitation
Forgive me for using the word visitation. We generally use the words physical responsibility or parent-child [...]
What Caused The Breakdown of The Marriage
I’m a bit of a dinosaur. If you want evidence of that – look at my bar number. It’s Bar Number 613. [...]
Dividing Property in a Divorce – How the Stew is Stirred
When I was first married, my wife cooked our first meal. It was beef stew. She didn’t think it looked [...]
Grandparent Visitation Rights in New Hampshire
Traditionally, the common law denied grandparents visitation with a child over a parent’s objections. [...]
Divorce and Military Pensions
A military pension is a retirement benefit just like other pensions. A military pension is provided to [...]
Cohabitation Agreements – Why They are Necessary
I married in 1968. According to Pew Research Center, at the time I married, about 9% of men and 8% of women [...]
Deflategate 2015 – My Review
I got home last night only to hear that the NFL had identified a “person of interest” in the [...]
Alimony/Maintenance Awards
Alimony/Maintenance Awards It appears there was a time when alimony/spousal maintenance was awarded as [...]
Proving Loss of Life Damages in New Hampshire
Part of the damages that can be claimed in a wrongful death action in New Hampshire are loss of life damages. [...]
Would You Leave Me Your Liver?
An anatomical gift is frequently a gift of life itself. It is a donation of organs and tissues for the [...]
Ruling from the Graveyard: Life Estates
Consider the following language that appears in a deed (but could also appear in a will): “The [...]
Ripping and Tearing – How to Revoke a Prior Will
You’ve just looked at the will you created ten years ago and you say “Whoa, what was I thinking?” Then [...]
You died First – No, you died First.
Most wills have provisions in them that say that property goes to a certain person if they survive them. If [...]
Nominating A Guardian
At one time, the English Parliament passed a provision that a father could appoint a guardian to take control [...]
Fighting Wills and Playing Tennis
In New Hampshire, we have a concept called self-proving wills. A will is self proving as long as it [...]
No Contest Clauses
It has been a long-standing rule in New Hampshire that a beneficiary who contests a will will forfeit his/her [...]
How an Intestate Estate Passes in Vermont
In Vermont, if you die without a will, but are survived by spouse, the spouse receives the entire intestate [...]
History of Living Wills
When doing an estate plan, a person should not only consider writing a will; they should also consider [...]
Will Substitutes
Whenever we think of the process of transferring property at death, we always think of wills; however, there [...]
Formalities of Writing a Will
The following actually occurred. A man’s aunt, a New Hampshire resident, is dying in the hospital. She has [...]
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