The Brennan Lenehan Blog

Friday, June 5, 2015

Attorney Quinn to Discuss Grandparent Visitation at NBI's Advanced Family Law CLE

On June 12, 2015, Attorney William J. Quinn will present on several advanced family law topics at NBI’s Advanced Family Law CLE.  Among his topics of discussion will be the matter of grandparent visitation rights in New Hampshire.  The ability of grandparents to petition the courts for reasonable visitation with a grandchild is recognized under New Hampshire law where the child’s nuclear family dissolves.  The rights of grandparents however are subject to limitation, most notably, the presumption that fit parents act in the best interests of their children.  Litigating the matter of grandparent visitation therefore can be complex and involve a myriad of legal issues.  To learn more about grandparent visitation in the State of New Hampshire, you may register for the Advanced Family law CLE here.

Tuesday, May 26, 2015

Attorneys Quinn & Hickey will Present at the NBI Advanced Family Law CLE

On June 12, 2015, Brennan Lenehan Partners, William J. Quinn and Kathleen A. Hickey, will present at the National Business Institute's Advanced Family Law CLE.  Attorneys Quinn & Hickey will present on topics such as child support, alimony and non-traditional family structures.  For more information about the NBI Advanced Family Law Seminar, please click here.

Saturday, March 28, 2015



The requirement of a probable cause hearing . . .  protects 100 percent of felony arrestees 100 percent of the time. Felonies First eliminates that protection and diminishes justice.


For centuries people accused of felony crimes in New Hampshire have had an automatic right to a probable cause hearing. The burden of proof at probable cause hearings, although not a high one, is on the prosecution. A bill pending before the legislature effectively eliminates that automatic right and turns the burden of proof on its head.

Brennan Lenehan’s president, Mike Iacopino, has led the state’s criminal defense bar in opposition to the “Felonies First” proposal. The proposal, authored by Hon. Tina Nadeau, Chief Justice of the New Hampshire Superior Court and backed by most of the judicial hierarchy, effectively eliminates the right of an accused citizen to have an adversarial probable cause hearing after arrest. Iacopino has testified before the legislature and authored an Op-Ed opposing the measure.

Under the “Felonies First” proposal a person accused of a felony must “challenge probable cause” by asserting “a claim that a material element of the charge is without factual basis or that the charge is legally insufficient to constitute a felony offense.” Iacopino’s Op-Ed describes how this proposal eliminates dues process. Iacopino explains:

Such burden-shifting is incongruent with the notion that the state should bear the burden of proof in criminal proceedings. Requiring an accused person to allege the absence of a factual basis is also inconsistent with the right to remain silent as guaranteed under both state and federal constitutions. Moreover, even if the accused chooses to forgo his right to remain silent at this early stage of the proceeding, the court is not required to provide a hearing. SB 124 requires only that the court “determine whether a hearing is necessary to assist the court in its determination of probable cause.” Despite claims to the contrary, SB 124 does not mandate a probable cause hearing upon request of the accused. SB 124 relegates the important historical constitutional protections afforded by probable cause hearings to a matter of convenience for a judge.

Mike will continue to fight to protect due process rights for all of New Hampshire’s citizens. You can help by urging your state representative to say NO to SB 124. Tell them that Felonies First puts due process last.




Thursday, March 5, 2015

Thank you from BLIH & Bill Brennan

Brennan, Lenehan, Iacopino & Hickey and Bill Brennan would like to thank all the people who contributed to the American Red Cross Blood Drive in Bill Brennan’s honor on February 20, 2015. It was a huge success!

Thursday, February 19, 2015

Attorney Jaye Rancourt Speaks on Behalf of the ABA in Opposing a Rule Change in Child Neglect Cases

N.H. Supreme Court Hears Opposition to Rule Change in Child Neglect Cases 

Yesterday, the New Hampshire Supreme Court heard from attorneys who urged the state Supreme Court to reject a proposal that would limit free legal counsel for impoverished parents accused of child abuse or neglect.

The proposal would require the appointed attorney for a parent alleged of abuse and/or neglect of his/her child to withdraw from a case following an initial dispositional hearing, unless there was a court order for continued representation.

Presently, indigent parents alleged to have neglected or abused their children are statutorily entitled to court appointed counsel.  Prior to 2011, indigent parents were given access to counsel, but in 2011 lawmakers did away with the statute requiring that any parent accused of abusing or neglecting their child in a child protection case be appointed an attorney to represent them.

In July 2013, the statutory authority requiring court appointment of counsel for indigent parents was reinstated after a state Supreme Court ruling in which the justices found that parents have a constitutional right to counsel in some neglect and abuse cases.  

Proponents of the new rule hope it will establish a middle ground.  Others however feel that the new rule is violative of the statutory rights of indigent parents.  

Shareholder and director of Brennan Lenehan, Jaye Rancourt, speaking on behalf of the Bar Association at yesterday's hearing, said: “Very often an attorney is a counselor, is a social worker, is a trusted adviser for a client. And if you remove the attorney after the disposition, you’re removing the role of that trusted adviser.”

Read more about the proposed rule change and yesterday's hearing here.


Wednesday, February 18, 2015

Donate Blood in Honor of Attorney William Brennan

A blood drive will be held in honor of our founding Partner and friend, William E. Brennan, on Friday, February 20th, 2015 from 8:00 a.m. - 2:00 p.m. at:

425 Reservoir Ave.

Manchester, NH 03104

Attorney Brennan is recovering from a serious and rare blood disorder called Thrombotic Thrombocytopenic Purpura (TTP).  TTP is a disorder where blood clots form in small vessels of the body blocking oxygen rich blood to organs.

We are all grateful that Attorney Brennan was able to receive all of the units of blood he needed, and are asking the legal community to take the time to donate blood to the American Red Cross. 

Donors who are unable to attend the scheduled blood drive can go to or call 1-800-RED CROSS to set up an appointment at the “Manchester Fixed Site.”  The entire blood donation center will be dedicated to the Brennan drive on Feb. 20th.

Please read more about the blood drive in honor of Attorney Brennan here.

Thursday, February 12, 2015



Today the New Hampshire Supreme Court decided that certain aspects of the NH Sex Offender Registry violate the constitutional prohibition against retrospective and ex post facto laws. In other words lifetime sex offender reigistration  is an unfair punishment for some former sex offenders convicted before the registry laws were enacted. Brennan Lenehan lawyers, Mike Iacopino, Iryna Dore and Jenna Bergeron filed a "friend of the court" brief for the New Hampshire Association of Criminal Defense Lawyers in support of a fairer sex offender registry. The Court agreed with the arguments contained in the Brennan Lenehan brief.  The case is John Doe v. State of New Hampshire, Docket No. 2013-496. You can read the Court's decision here: 

If you or a loved one is a Tier 3 former sex offender who was convicted many years ago you may be able to obtain relief from sex offender registration requirements. Contact us at Brennan Lenehan to learn if you may be entitled to relief under this new case.

Wednesday, February 11, 2015

Mike Iacopino Co-Hosts NACDL's Big Easy Cross in New Orleans, February 18 - 21, 2015

Brennan Lenehan senior partner Mike Iacopino along with Attorney Melanie Morgan of Kansas City MO. will co-host the Big Easy Cross Seminar in New Orleans from February 18, 2015 through February 21, 2015. Together Melanie and Mike have assembled experts in cross-examination from across the country to share their wisdom and expertise.  Don't miss the experience!  Register for the seminar here:





Friday, January 30, 2015

Criminal Law: When Victims Entice Violation: Rethinking Protective Order Enforcement

Please take a look at Attorney Jaye Rancourt’s recent article in the New Hampshire Bar News examining the current state of the law with respect to the violation of protective orders.

Criminal Law: When Victims Entice Violation: Rethinking Protective Order Enforcement

Thursday, January 22, 2015

Attorney Jaye L. Rancourt will receive the 2015 Philip Hollman Gender Equality Award

We would like to congratulate shareholder and director, Attorney Jaye L. Rancourt, who has been selected to receive the NH Bar Association Gender Equality Committee’s Philip Hollman Gender Equality Award for 2015.  The award, which was established on the occasion of Judge Hollman’s retirement from the Superior Court bench in 2003, is designed to honor Judge Hollman’s efforts as an advocate for gender equality in the legal system.  The Gender Equality Committee awards this honor to an individual who has taken initiative and exhibited dedication to promoting respect and fair treatment toward all members of the judicial system, and seeks to promote gender equality through leadership and educating others on such issues.  In selecting Attorney Rancourt to receive the award, the Gender Equality Committee recognized Attorney Rancourt as a role model for women, a strong advocate for gender equality, and a leader by example.   

Friday, January 9, 2015

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