New Hampshire Attorneys Mcgrath Law Firm Concord NH

Efficiency, Excellence of Work Product, Zealous Representation

Practice Areas

Personal Injury
Medical Malpractice
Complex Litigation
Civil Litigation
Real Estate Law
Business Law


Featured Posts

Social Media and Divorce – Just Don’t!

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Do not let emotions take over your social media accounts

Social media and divorce can be a dangerous combination. As you know, divorce is a highly emotional process.  Feelings of anger, pain and betrayal are all too common.  When we have these feelings, our instinct is often to turn to social media so that we can vent our emotions or ask for support. Due to feelings of grief or longing for the person we are divorcing lead us to look at their social media pages and even to comment.

This behavior can easily backfire. While you may have your ex blocked on social media, there are likely people who can view your account who might feel sympathetic towards your ex and share information. 

Furthermore, your posts and comments can seem threatening to your ex, and are upsetting to family, friends, and children. All of this puts you in a poor position when discussing property division or parenting plans—your ex may be less flexible in negotiations, or even become unwilling to negotiate, and try to use your social media posts against you in court.

Additionally, it isn’t only negative social media posts that can backfire.  Sometimes, even happy posts can upset your divorce proceedings.  For example, posting on social media about partying and drinking can allow your ex to call your judgment into question during parenting discussions. Similarly, posting photos of yourself on expensive vacations or with your fancy new boat can give your ex ammunition to use against you when dividing up property.

Finally, if you are dating during your divorce, keep your relationship off of social media. Changing your relationship status or posting couple photos can cause a jealous reaction, even if your ex was the one who initiated the split. 

Contact us


The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

DUI and DWI tips

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DUI and DWI

It is well known by now that legendary golfer Tiger Woods was arrested and charged with DUI (driving under the influence) this past Monday.  Mr. Woods fully cooperated with the police and has represented to the public that a mix of prescription pills, and not alcohol, were the contributing factors.  This leaves many wondering where does Tiger Woods go from here?  As a public figure, he not only has to answer for his crime, but he has to perform damage control with respect to his reputation.

In New Hampshire, as in many other states, the standard now is “impairment to any degree.”  You don’t have to be intoxicated by alcohol or under the influence of illicit drugs.  As in Tiger’s case you can be impaired by an adverse reaction to prescription medications.  In some instances you can even be “impaired” from an illness if it affects you balance, vision, dexterity or ability to reason and the ability to operate a vehicle safely.

Tips

So what do you do if you are stopped for a suspected of DUI or DWI?  Produce your license and registration.  Be polite and respectful to the officer.  If you are not impaired or under the influence of anything then submit to a breathalyzer or blood test.  These tests render a result that is definitive.

Often times in these situation what you do not do is even more important than what you do.  For instance, don’t volunteer information.  Remember you have the right to remain silent, exercise it.  Don’t agree to perform Field Sobriety Tests.  These are not definitive tests, they have no hard results, but rather are based entirely on what the officer claims his observations were.  If you know you are impaired don’t submit to any testing.  It could mean the difference between a regular DWI or a more serious charge of Aggravated DWI and potential jail time.  The less evidence you give them against yourself the better.

Why hire an attorney for a first offense and not just plead guilty?  A conviction for DWI has a lot of collateral consequences attached to it that can and will affect you for years to come and cost you a lot of money.  Screenings, evaluations, classes, insurance costs, all at your own expense, a probationary license, and possible incarceration.  All of that can possibly be avoided by just saying, “I want my attorney.”  McGrath Law Firm can certainly help you and we will fight for your rights!

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From criminal defense, civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of criminal law. Call us to schedule your consultation at (603) 224-7111.

 

Making the Most Out of Your Consultation

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Booking your consultation.

Often when one books a consultation with an attorney they wonder how to get the most out of the meeting. Once you have decided on a law firm or attorney to meet with, the next step is to schedule an initial consultation. Making the decision to sit down and meet with an attorney to go over a legal matter can be a nerve-wracking ordeal. You probably have many thoughts racing through your mind. What’s going to happen, how much this going to cost, are they going to be able to help me, etc.… Below are a few suggestions that may help prepare you for your initial consultation and alleviate some of those fears.

Come Prepared for the Consultation:

Bring any paperwork related to your case or legal matter you plan to discuss. That way the attorney can make copies for your file and have a chance to look through it. Of course if you bring a box full of paperwork, the attorney will not have time to go through everything, so just bring what you think is important to the first meeting, as you can always bring other needed paperwork later.

Some of examples of good documents to bring for an initial consultation:

Criminal:              charging documents, citations, complaints, indictments, bail orders, bail bond, hearing notices

Divorce:               petition (if you are the respondent), financials

Real Estate:        if buying/selling bring the purchase and sale, deed, home inspection, survey, tax bill, opposing party’s Information, including attorney, if any

Probate:              Original Will (copy will do but the original is needed for the Court), trust, if any, names, address and phone numbers of all potential heirs

Personal Injury:  treating doctor’s contact information, medical records, if available, insurance policy, ability to communicate your story leading up to the event

Write Things Down:

Prior to your visit, make a list of questions you would like to get answered during your initial visit. List them in order of importance to you, as typically the initial consultation only lasts an hour. Sometimes it’s hard to remember questions you had, or items you wanted to discuss. If you write them down, you’ll have an easier time remembering them.

Also, be sure to jot down notes during your meeting with the attorney. That way you can go home and review what was discussed.

What to expect from the attorney:

The attorney you meet with should be knowledgeable and have experience in your type of case, whether it is criminal, real estate, divorce, probate, etc. They should listen to your side of the story and address any concerns you may have. They should be compassionate, yet honest with you about your situation. By the end of your consultation, they should advise as to what the next best steps would be for your matter. They will review the fee agreement, including hourly rates, a retainer (if necessary), a flat fee, etc. There should not be any pressure on you to sign anything, but do keep in mind, there may be upcoming court dates and deadlines, so it’s good to not wait too long to make a decision about how to proceed.

The Consultation fee is worth it:

If you are serious about receiving advice from an experienced attorney and it is not a personal injury or medical malpractice matter, then be prepared to pay for an initial consultation. It is definitely worth it whether you decide to hire the attorney or just see what your options are, depending on your case. It will be the best money you ever spend, and will most likely end up saving you money and frustration down the road.

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

Review your contracts – home improvements could get costly

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What is the law if a home improvement contract or contractor fails to provide the services advertised or contracted for?

It’s springtime and lots of home improvements are being performed.  It is important for the homeowner and contractor to have a written agreement in place that spells out all details of the project.

Both homeowner and contractor should review their contracts as home improvements could get costly if you don’t protect yourself.  Homeowners hire contractors to do home improvements such as install decks, additions, roofing, siding, or to make other improvements on their home.

Specifically, when the project begins and when it should be completed are important concerns.  Further, the contract should state when payments shall be made during the course of the project, i.e., 1/3, 1/3 and 1/3 at different stages of the contract.  It is very important that your contractor be responsible for consulting with the town and obtaining the necessary permits for the project.

 

A town would normally require that a building inspector inspect the project after it is completed. A good contractor will be familiar with the building industry standards, Town and State regulations.

If the contractor is installing special roofing, siding, or other products, the homeowner will want to have in their contract language that states that they will install the product in accordance with the manufacturer’s product specification, in addition to the building industry standards. Normally, the product manufacturer has stricter requirements than town, state and building industry specifications.

There should also be further provisions in the contract, among others, specifying a warranty on labor and a warranty on the product installed.  Obtaining at least a five (5) year warranty on labor is recommended.

What happens if the deck or addition is not constructed according to the contract and industry standards?

In a case involving repairs, a good contractor will put together a “punch list” of items to correct, which is not uncommon on any project. The homeowner and contractor do in fact have an obligation to work together.  Pursuant to RSA 359-G Residential Construction Defects, before any action is commenced the homeowner must provide a notice of claim to contractor no more than 60 days from initiating an action stating the construction defects and the result of the defect.

Further, the homeowner is required to provide the contractor with any evidence of the nature and cause of the construction defect. Within 30 days of the notice of claim by the homeowner, the contractor should offer to settle the claim by monetary payment, make repairs, or a combination of both without inspection.  The contractor can also propose to inspect the residence that is the subject of the claim or reject the claim.

If inspection is requested, the homeowner is required within 15 days to provide complete access to the residence to inspect the defects.

If the contractor is unreasonable and will not work with the homeowner, then the homeowner will be entitled to bring an action for breach of contract and/or related claims, and a consumer protection violation under RSA 358-A for deceptive conduct or practice in the trade.  The claim may result in enhanced penalties 2-3 times the amount of the judgment, plus legal fees.

Communication between the parties is key!

On the other hand, having recently defended a successful construction defect case, a contractor was successful in proving to the court that the contractor went out of his way to make the repairs. The homeowner refused to allow the contractor back to schedule repairs, adding years of wear and tear to the damage, which the contractor was not responsible for.  The contractor also gave the homeowner a five year warranty on labor which he was willing to honor through the trial in that action.

It would be practical to provide in a contract that states in the event of a dispute the parties agree to non-jury arbitration sponsored by the Better Business Bureau which has a quick and excellent forum for resolving such disputes if the claim is not excessive and punitive.

 

Contact counsel to learn your rights!

McGrath Law Firm recommends that before entering into any contract, you have the contract reviewed by one of our attorneys who are experienced with construction defect claims.
If a claim is made, that claim should be made through counsel. It may be very confusing for any party to handle a claim without an experienced attorney.  McGrath Law Firm can help prepare your claim and presentation of your evidence at trial.

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

Meet McGrath Law Firm Legal Team Member, Senior Paralegal

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Meet McGrath Law Firm Legal Team Member, Senior Paralegal, Marianna!

McGrath Legal Team Member and Senior Paralegal, Marianna is originally from a little hamlet on Long Island called Copiague, which is located next to the more popular Town of Amityville, from which the Amityville Horror book and movies were derived.  She and her family moved to Bedford, New Hampshire in early 2004.

Marianna has known since high school that she wanted to make a career out of working in a law office environment, assisting attorneys.  In fact, she believes she was destined to end up at McGrath Law Firm and jokes that as a child she learned to ride a horse on a horse named Esquire, and occasionally visited Pelham, New Hampshire where she visited her relatives on McGrath Road.

Early in her career, while going to college and waitressing part time, Marianna took a job as a file clerk to simply get her foot in a law firm.  She worked her way up through the ranks by proving her abilities.  Learning all aspects of law firm operations has proven to be an asset and essential to developing the skills she has acquired to date.

In her downtime, Marianna enjoys spending time with her family, visiting with friends and family back on Long Island and traveling.

Marianna’s experience in the legal industry.

Marianna has 20+ years of experience as a legal assistant/paralegal. She really knows all the ins-and-outs of the industry. She holds an AAS-Paralegal from Nassau Community College, plus quite a few other credits through NCC.  Marianna enjoys and continues her education when the opportunity arises by taking various CLEs and other continuing education courses.

Marianna joined the McGrath Law Firm team in June 2005 as an assistant to Attorney Peter G. McGrath. Over the years, this role has grown to include working closely with most of the attorneys in the office and overseeing the company billing.  Marianna also assists on other McGrath business ventures in New Hampshire.  Marianna is a New Hampshire notary public and also holds her inactive New Hampshire real estate license.

Moreover, Marianna’s skills and 20+ years of legal industry experience make her someone you want assisting on your case.  Marianna’s experience in the field, past and present, includes the areas of bankruptcy, civil litigation, corporate documents and formations, and real estate matters.  Marianna has also been assisting with the marketing, press releases, blogs and social media, etc.  She looks forward to learning more about this aspect of the business.

In conclusion, one reason you want Marianna in your corner is that she attends conferences and continually stays up to date and enjoys learning about industry trends.  Marianna is also more than just what her job title suggests. She contributes to keeping the office working at maximum efficiency; mentors her peers and provides support to all attorneys in the office.

 

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

DIY Legal Matters – Not Always the Best Answer

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DIY legal matters are not always the best answer.

Depending on the issue at hand, legal problems can cost you a lot of time and a lot of money. Almost everyone has other responsibilities in their lives, whether it’s a job, children, school, appointments, or all of the above, and of course fitting sleep in there somewhere. Life is hectic. When it comes to tackling a legal battle on your own, you may want to reconsider. It can be a full-time job, in and of itself; between getting together and responding to all of the correct paperwork and documents needed, keeping track of court hearings and deadlines, etc….The list is endless and not to mention totally confusing. That is where attorneys come in. They are the experts and professionals and are always there to guide you in the right direction. There are plenty of reasons to seek out an attorney, no matter what your legal situation may be.

They are familiar with the laws and court proceedings.

Let’s face it, legal documents can be confusing and downright intimidating. Why not leave your legal matters up to the professionals, who went through years of college and law school for exactly this reason? They will know what paperwork needs to be filed and when, which motions to object to, what to write in a response to the opposing party, legal research and preparation of legal documents, and keeping track of important dates such as scheduled hearings and deadlines. This is just to name few. There is a lot more to dealing with a legal matter than you may realize, and it would be extremely beneficial to have an attorney by your side rather than DIY.

Despite what you might think, hiring an attorney may actually save you money in the long run.

Depending on the situation and the matter at hand, having a good attorney on your side could just end up saving you money and assets when all is said and done.

Take for example a divorce and trying to divide up property and finances.  As in many legal matters, there are numerous documents you must submit to the court and the opposing party. If you have a good attorney representing you, they will make sure those mandated documents are as accurate and complete as possible. This can play a huge role in the outcome of your case and results you wish to achieve.

If your case is a criminal matter, an attorney can help keep you from doing jail time, or at least minimize the sentence than you may have originally received. The legal fees of a great criminal attorney are worth every penny, especially when it’s regarding your life and your future.

They have the experience and have most likely worked on a case similar to yours.

Attorneys deal with all types of issues on a daily basis. There are some attorneys who specialize in certain areas such as Criminal Law or Family Law, but for the most part, attorneys handle a variety of cases throughout their careers. They will most likely be familiar with your situation and be able to provide the best possible advice and support necessary on your legal matters.

If you’re still not sure:

If your concerned about a legal matter, but hesitant to hire an attorney, consider at least scheduling an hour long consultation to sit down and speak with someone one on one. They can go over your case and help direct you in the right direction. Remember, you get what you pay for. Be wary about attorneys that offer free consultations. The money you spend for that hour long consultation will definitely be worth it.  It is highly recommended if you are facing a legal matter, to contact an attorney. It could be one of the best decisions you’ve ever made.

 

Contact us

 

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.