General Litigation

People now have greater flexibility than ever before in accessing and utilizing legal services. “Unbundling” of legal services is now allowed and the effect should be greater accessibility has created greater access to legal services by segments of the population historically unable to secure needed assistance of counsel in dealing with legal projects. The one exception to this new form of representation is criminal law. Unbundled services is a development we at Parnell, Michels & McKay, PLLC offer in certain cases, as it means we will have much greater flexibility in customizing services to fit clients’ particular needs where money is a real issue for the client. Simply put, unbundling means breaking down a project into its component parts. Once a legal project is broken…

In 2012, Washington State implemented a new program that created the limited license legal technician (LLLT). LLLT’s are not lawyers. They cannot represent clients in Court, nor can they negotiate on their behalf. Yet, they are allowed to provide limited legal advice like preparing forms, explaining legal documents, drafting legal documents, and explaining Court procedures. This is very similar to the tasks paralegals perform, but paralegals are normally under attorney supervision. LLLTs are entirely independent of attorneys, and can pass along this advice without attorney supervision. Washington’s stated goal is to improve access to legal professionals, especially for those who cannot afford an attorney. There are two conflicting thoughts here. First, there is significant concern that allowing briefly trained LLLTs to give legal advice is…

It is often a concern of clients of ours that are facing violations of New Hampshire’s driving laws that they normally face two hearings after being arrested. The most common forms of these are when a person is arrested for driving while under the influence of alcohol or drugs. There is often concern and confusion about the dual hearings and what they both mean. In New Hampshire, when a person is arrested for driving under the influence they face two hearings. The first, if they request it, is called an “Administrative License Suspension Hearing” or “ALS hearing” for short. These hearings are done at an administrative office in Concord at the Bureau of Hearings, which is a part of the New Hampshire Department of Safety….

HB1360 (House Bill 1360) has made its way through the New Hampshire House of Representatives and the New Hampshire State Senate. The bill is set to prohibit the use of electronic devices while operating a motor vehicle. You can read the proposed text of the statute here. The bill is set to be signed by Governor Hassan in the near future. The basis of the bill stems from the many accidents that are caused by cell phone use while driving. Most commonly, this happens when a person is texting, surfing the web, or posting to social media sites like Facebook when they should be concentrating on the road. This bill goes beyond just texting while driving, and seeks to limit any use of a handheld…

Recently, our office appeared in front of the New Hampshire Supreme Court to argue on the issue of post-judgment interest. The Case was titled “Estate of Jack Bergquist” and the brief we prepared can be read here. In that case, the creditor obtained a Judgment on the Defendant, and periodic payments were made. Over the course of the next eight (8) years, the Defendant made all of his regularly scheduled payments until his death. Unfortunately, a balance remained on the Judgment, and the creditor claimed not only the amount of the Judgment minus any payments, but the interest accrued since the date the periodic payment order was made. The two main questions to be resolved were whether a Plaintiff is required to request post-judgment interest…