general litigation

It is common for most of our society to be on social media. At this point, even most of our grandparents have a Facebook page. While this is a great way to connect to people online, it also presents potential problems for those of us engaged in potential or ongoing litigation. As many people like to say, beware of what you post on social media! This is good general advice, but also good legal advice. Social media requests have become commonplace in litigation discovery requests, and courts are not as reluctant to order that information released.The most common requests are for Facebook posts. While most Courts will not allow complete access to a Facebook page of a party, they will look into specific posts related…

On July 14, 2016, the U.S. Court of Appeals for the Second Circuit denied Tom Brady’s petition for a rehearing en banc. Originally, two of three judges at the Second Circuit reinstated Brady’s four-game suspension. Brady was seeking a rehearing on the matter. This decision marks a victory for what might one of the final legal milestones for Deflategate. The decision by the Second Circuit is not surprising. The Federal Court of Appeals rarely grants rehearings save for particularly far-reaching and serious cases that implicate Constitutional rights. Over the past year, New Englanders became extremely knowledgeable in the ideal gas law, the NFL’s Collective Bargain Agreement (“CBA”), and the role of a Commissioner in pro sports. While the Deflategate controversy is a personal subject for…

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….