Rory Parnell on Why Attorneys Should Consider Pro Bono Work
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Landlord and Tenant Law: The Eviction Process
Often clients, especially tenants, are confused by the eviction process. The first step in any eviction is to serve a “Notice to Quit” or Eviction Notice. The Eviction Notice spells out the basis for the eviction and specifies the time period the tenant has to leave. If the eviction is based on failure to pay rent, a Demand for Rent should accompany the Notice to Quit. Both the Notice to Quit and Demand for Rent forms are available online at the NH State website. If you are a landlord and are not sure what you should put on the form, and what you should be evicting your tenant for, you should contact an attorney to help you. Our firm handles Landlord and Tenant matters and…
UPDATE: Using A Phone While Driving: How The New Ban Is Affecting TORT Cases
As of July 1, 2015, the State of New Hampshire banned the use of a cell phones while driving, and limited any use of a handheld electronic device. This included not only cell phones, but tablets and GPS devices as well. Since the law was passed, the State of New Hampshire has tried to inform all citizens of New Hampshire and those that travel here that such use is banned. Since the inception of the law, police officers have been paying much closer attention to seeking out the use of cell phones while driving. This has led to increased tickets, and escalating fines for those that are using their phones while driving. Since the ban, we are discovering that police officers investigating motor vehicle accidents…
Unbundled Services and Limited Representation: How A Greater Portion of The Population Has Gained Access To Legal Services
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…
Limited License Legal Technicians: Is Allowing Non-Lawyers Give Legal Advice A Good Thing?
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…
Rory Parnell Named To Pro Bono Board of Governors
Parnell, Michels & McKay is happy to announce that Rory Parnell has been named to the New Hampshire Pro Bono Board of Governors. Rory will continue to work hard for those in need that cannot afford legal services. Rory was most recently awarded a 2014 Rising Star award from Pro Bono for his work for those in need, and he is proud to continue on the long-standing tradition of the firm of providing pro bono representation for indigent clients. New Hampshire’s Pro Bono Program has long been providing legal services for those clients who cannot afford the cost of legal representation. It is Pro Bono’s hope to expand on what they can do for lower-income clients, and hope to continue to attract more and more…
Your Driver’s License: A Privilege, Not A Right
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….
Using A Phone While Driving: To Be Illegal In New Hampshire By 7/1/15
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…
Property Law Series: Adverse Possession
At Parnell & McKay, we handle a large number of property litigation cases. One such type of litigation is claims made through adverse possession. It is one of the oldest forms of law in property, and involves the taking of title to property without having to execute a written deed. It most commonly arises in boundary line disputes, and can involve something as innocuous as the misplacement of a fence by a friendly neighbor. However, the effects this doctrine can have on people’s property can be immense, so it is important to try to understand the concept of adverse possession and to seek legal advice as soon as possible. Basically, the initial test is whether the person claiming adverse possession has acted as the true…
Interest on Judgments: How To Get The Most Out of Your Judgment
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…
