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Ralph Barbagallo Jr. Concludes his term as Rockingham County Bar Association President

The Rockingham County Bar Association has held its Annual Meeting and Spring Dinner . Guest speaker Chief Justice John T. Broderick spoke of the efforts of the Court to be more consumer friendly. He urged members of the Bar to embrace technological changes and not to resist them . He told of the Court’s efforts to seek input from the public at large to improve the administration of the system. Finally he urged lawyers to get involved and not to hesitate to suggest improvement in the system.
Richard Uchida President of the New Hampshire Bar Association spoke about the importance of County Bar Associations.
Board Member Paul Pudloski gave an entertaining history of the Loyal Order OF The Rock .Two new members were inducted Paul Mc Eachern from Portsmouth and Ralph Stein of Salem.
In his year in Review Report President Ralph A Barbagallo Jr. outlined this years accomplishments including [1] Presenting the first ever CLE sponsored by the Rockingham Read more…

New Office

We have opened an office to serve our clients in the New Hampshire seacoast area. It is located at the Offices of Holmes and Ells at 47 Winnicunnet Road, Hampton, NH (2 doors down from the Galley Hatch restaurant).

What to do in case of an Accident

  1. STOP YOUR CAR – Never leave the scene of an accident in which you or your car were involved. No matter how slight the collision, if you fail to stop, you may leave yourself open to criminal prosecution even though the accident was not your fault. Stop your car as soon as possible without further endangering any person or property and without blocking traffic.
  2. GET AID FOR THE INJURED – If any one has been hurt, call 911 and ask for an ambulance. Do not attempt first aid unless you are qualified to give it. You may make matters worse instead of better.
  3. CALL THE POLICE – Call 911 for the police even if there are no injuries. The police are trained to handle any situation that may arise after an accident. Even if you Read more…

Voir Dire

Introduction

“Whatever happened to good old-fashioned personal responsibility? We’ve now become a society of victims in search of a scapegoat to sue whenever anything goes wrong…”

This attitude is very common in America and very common in our juries. A national survey has confirmed that most Americans, 92 percent, believe that frivolous lawsuits are common. 2 This country was founded on the principle of a fair judicial system; an unbiased jury is needed in order to have a fair trial.

In order to prevent juror bias an effective voir dire system is needed. There are three methods for conducting the voir dire process. The first method is the Federal Method, in which the judge has complete control over the questioning of potential jurors and has ultimate discretion whether to allow attorneys to ask certain questions. In the second method the attorney controls the questioning and the judge monitors. And in the third method the judge conducts the initial questioning and then the attorneys conduct the rest of the questioning. 3

Read more…

Protect Yourself

To most folks an insurance policy may as well be written in a foreign language.  The only time its   attempted   to  be read  is when there has been a loss .It’s unfortunate this isn’t done when the insurance is purchased. All day long on television we are bombarded by ads from the Insurance Giants   boasting of the lowest rates. It’s too bad the discussion doesn’t continue and describe what protection you are getting for your  money . Most clients are only concerned in   protecting   themselves   in the event they cause an accident n[ie I don’t want to lose my house ]. But what   happens    if you are the victim of someone’s negligent  driving ? How are you   protected ? Uninsured /Underinsured motorist coverage is for the protection  of  you and the occupants in your vehicle .In New Hampshire where auto insurance isn’t required its especially important .With the cost of medical care today  and the prospect  of not being able to work due to injuries Uninsured /Underinsured motorist coverage can be a lifesaver.

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Loser pays or Goliath vs David

Loser pays or Goliath vs David

 

At this year’s New Hampshire legislative session there has been  an attempt to impose a loser pays provision for certain claims .This is not the first time this issue has surfaced. It sometimes has been debated  on the National Stage along with attempts to limit a persons right to damages from Catastrophic injuries caused by the negligent acts of another .Loser pays would impose legal fees by the prevailing party against the losing party .The rationale advanced is often, too many  frivolous lawsuits . The reality is it would put our legal system beyond the means of persons of modest means. The wealthy can afford legal representation and if they lose   ,so what. It’s only  money .  The threat of losing  would have a chilling effect on the rest of us even with meritorious claims .The solution already available would be to petition the Court early in the process to dismiss the lawsuit and if in the Court’s judgment the lawsuit is utterly lacking in merit then to assess costs and fees. The assessment of fees should not be done automatically .Someone always wins and someone always loses a lawsuit. It doesn’t mean because someone loses a lawsuit it is without merit . Loser pays puts the average person

at a disadvantage against Big Money .

 

Loser Pays or Goliath vs David

 

At this year’s New Hampshire legislative session there has been  an attempt to impose a loser pays provision for certain claims .This is not the first time this issue has surfaced. It sometimes has been debated  on the National Stage along with attempts to limit a persons right to damages from Catastrophic injuries caused by the negligent acts of another .Loser pays would impose legal fees by the prevailing party against the losing party .The rationale advanced is often, too many  frivolous lawsuits . The reality is it would put our legal system beyond the means of persons of modest means. The wealthy can afford legal representation and if they lose   ,so what. It’s only  money .  The threat of losing  would have a chilling effect on the rest of us even with meritorious claims .The solution already available would be to petition the Court early in the process to dismiss the lawsuit and if in the Court’s judgment the lawsuit is utterly lacking in merit then to assess costs and fees. The assessment of fees should not be done automatically .Someone always wins and someone always loses a lawsuit. It doesn’t mean because someone loses a lawsuit it is without merit . Loser pays puts the average person

at a disadvantage against Big Money .