Does it Matter Who Goes First?
Consider a situation where a person files for divorce. The non-filing spouse then files a counterclaim for [...]
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Truck Driver’s who Text while Driving
There is an agency called the Federal Motor Carrier Safety Administration – FMCSA for short. This [...]
Trial Notebooks for Any Case (DUI, Family Court, Custody Cases)
I like structure. As a result – I like the idea of a trial notebook. In my notebook, I break the [...]
Litigation Themes
Every attorney who has ever been serious about trying cases in court will understand the need to develop a [...]
Handling Accident Cases
Accident cases for attorneys are often regarded as bread and butter cases. So what are they all about and how [...]
Motions to Reconsider
You’ve probably heard of motions to reconsider. If you haven’t, think of a motion to reconsider as the [...]
Hope You Dance
Yesterday a man was sentenced in the Grafton County Superior Court. What differentiates this sentencing from [...]
Employer Liability
Let me start with some legal speak – at common law, a master was responsible for the torts of his [...]
The Fox, then Bear and the Art of Persuasion
We know about the fox. The fox is cunning and shrewd. The fox is also a survivor – one of the best [...]
Pain and Suffering
Pain and suffering. These two words are so often linked that we forget that each word – pain and [...]
A Tribute to my Father
I’ve been writing about the law for a number of months now. But today – March 25 – I am [...]
Invasions of Privacy
Years ago – more than a decade – I recall reading an article. The article predicted there would [...]
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 [...]
The Law of Defamation
On one occasion, I was researching the law of defamation. In doing so, I stumbled upon words written by [...]
Why You Should Have Your Record of Arrest, Conviction and Sentence Annulled
I was recently asked: “Why should I have my record of arrest, conviction and sentence annulled.” I was [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Abused and Neglected Children
The most recent numbers from the 2014 Children’s Defense Fund’s Annual State of America’s Children [...]
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 [...]
How to be Held In Contempt
No one wants to be held in contempt, whether it be by family, friends or acquaintances, but imagine being [...]
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. [...]
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 [...]
How to Analyze a Court Case
Every day a lawyer has to analyze a potential court case. They do this analysis because they eventually have [...]
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