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Wednesday, July 12, 2017

William Quinn Named Nationally Ranked Top 10 Attorney for 2017

We would like to congratulate our partner, William J. Quinn, for receiving the National Academy of Family Law Attorneys 2017 Nationally Ranked Top 10 Attorney Award.  

 The award was presented to Attorney Quinn for his excellence in the field of family law.


Read more . . .


Friday, August 5, 2016

Mike Iacopino Co-Chairs National Seminar on Governmental and Prosecutorial Misconduct

There is an epidemic of Brady violations abroad in the land."

Hon. Alexander Kozinski 

In dissent United States v. Olsen (2013)


Read more . . .


Monday, July 20, 2015

Brennan Lenehan would like to Congratulate Attorney Rancourt on her Appointment to the Judicial Conduct Committee

We would like to congratulate our Partner, Shareholder and friend, Attorney Jaye L. Rancourt on her appointment by the New Hampshire Bar Association to serve as an attorney member of the Judicial Conduct Committee.  Attorney Rancourt will be replace Wilfred L. Sanders, Jr., Esq. whose term expired on July 1, 2015.  The term of her appointment will expire on July 1, 2018.


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

IACOPINO LEADS CRIMINAL DEFENSE BAR IN OPPOSITION TO FELONIES FIRST PROPOSAL

 

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.

 

Op-Ed: https://www.nhbar.org/publications/display-news-issue.asp?id=7784

 


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.

 


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


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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The receipt or viewing of this information is not intended to create an attorney-client relationship.