Spring & Summer 2002

Inside This Issue:

• Auto Accidents
• Do I Need A Lawyer Before I Sign A Contract?
• Jim Normand's Tour of New Hampshire
• Finding The Win-Win Solution
• Where Do My Assets Go When There Is No Will?
• Proving Your Injuries - It May Depend On You
• Avoid Workplace Injuries
• Attention: Small Business Owners
• Do Grandparents Have Visitation Rights?
• Car Crash Tips Guide
• Statement Of Our Values

Auto Accidents
When Both Drivers Are At Fault!

It may have occurred to you that some accidents are not “black and white.” In some accidents, both operators may be at fault. What happens then? New Hampshire has a
law establishing rules of “comparative negligence.”

Suppose you have made a legal claim against someone you believe to be responsible for your injuries, but that someone turns around and claims that you were at fault! The judge hearing the case (or jury if there is one) will then compare the roles of both operators in causing the accident, and will assign a percentage of responsibility to each operator (such that both percentages add up to 100%). If your fault is equal to that of
the other operator (that is, 50%), you will recover 1/2 of your damages; if your fault is less than 50%, your damages will be reduced by the percentage by which you are at fault. If your fault is greater than 50%, then you recover nothing!

Comparative fault is certainly important if you are involved in a trial and the person against whom you have made a claim argues that you are at fault. But it is also important even if a lawsuit is never started. The insurance company evaluating your claim will question whether you were in some way responsible for causing the accident. If it can be argued that you were at fault to some extent, the insurance company will argue that the amount of money to be paid should be reduced by that same extent.

Do I Need A Lawyer Before I Sign A Contract?
Generally, contracts are very simple documents that are designed simply to spell out the rights, obligations, and duties of the various parties to a contract. These contracts can include residential purchase-and-sale agreements, commercial leases, partnership agreements, and any other transaction whereby two or more parties enter into an agreement. Sometimes the terms are spelled out on an envelope or cocktail napkin: if it’s signed and dated, it is a contract!

Far too frequently, the call to the attorney comes only after the fact when a dispute arises between the parties. Unfortunately, that is usually too late. The time to assure that a contract includes all provisions necessary to protect you is when the contract is being negotiated. Once a dispute arises, it is not likely that either party will voluntarily back down. Thus, while a dispute might have been avoided with a brief consultation with an attorney prior to signing, it now can become a complex and expensive litigation case in which a judge will decide who is right or who is wrong. Generally, no one wins. Ideally, a well-drafted contract would not only provide the terms of the transaction, but would also address future disputes and how they will be addressed in a fair and reasonable fashion.

Jim Normand’s Tour Of New Hampshire
“A Rewarding Experience…”
You may have heard that Jim Normand, who has been practicing law for 23 years and is founder of Normand & Associates, was considering a candidacy for Governor of New Hampshire for the past several months. He decided not to formally announce this year and will instead continue his work to expand the services of the Law Firm and to focus on other ways to help and serve citizens.

Jim’s interest in public service is strong. He will continue his networking with the government leaders he has met throughout the state and the country.

A Note From Jim Normand “A Rewarding Experience…”
“Considering a run for Governor of the State of New Hampshire is a rewarding experience
that I will never forget. Having the chance to go from Portsmouth to Pittsfield and Hanover
to Berlin and the many cities and towns in between talking about issues and meeting
new people is what our democracy is all about. I value my new friends.”

“Even though I will not be formally announcing my candidacy for Governor this year, I will stay involved. I continue to believe it is essential that individuals rich and poor have competent representation and a strong voice in their government.”

“I am optimistic about our future, and will continue to work to ensure that the values
we have maintained at Normand & Associates are values for our entire State.”

Finding The Win-Win Solution
Are you involved in a tough negotiation with someone? Do you have a “problem” that needs a negotiated settlement?

Many people are reluctant to go to court, feeling that to involve the legal process
will create more serious difficulties. However, we can assist you in “smart solutions” that avoid litigation and move toward a win-win solution for all parties involved.

At the Law Firm, we make every effort to arrive at out-of-court
agreements, if it is to the advantage of our client. We will protect your interests, and
since we are thoroughly experienced on so many matters of law, we know where the
pitfalls are in arriving at agreements and settlements which benefit our clients.

Before you venture out on your own to negotiate, whether it is with an insurance
company or any other legal matter, we encourage you to get competent legal
advice. It may save you money and heartache in the long run.

Where Do My Assets Go When There Is No Will?
When an individua dies residing in New Hampshire without a Will, New Hampshire law provides for distribution which is governed by the Probate Court. The distribution depends on who survives the individual and is as follows:

If there is a surviving spouse, the spouse gets everything unless there are children or a surviving parent. If there are children or a surviving parent of a person who dies, a surviving spouse may have to share the estate depending on the formula defined by state law. Clearly, most married folks expect their spouse to get everything, not their parents.Without a Will, the spouse loses.

Also, under certain circumstances, the state of New Hampshire will take the estate even if the person who dies had friends or charities that person would have liked to benefit from the estate.

These examples demonstrate that it is important that you have a formal Will signed before you die. You should do your loved ones a favor and review your estate plans now.

We strongly encourage you to contact us in order to prepare a Will and other necessary
estate-planning documents. The process is simple and will efficiently and accurately distribute your assets upon your death without leaving it to the hands of the State of New Hampshire.

Proving Your Injuries — It May Depend On You
After an accident, do not jump to conclusions about the extent of your injuries. You may have enough adrenaline pumping through your system that you are not immediately aware of your aches and pains. Also, so-called soft tissue injuries take time to become troublesome. Do not tell anyone you are “fine” unless you have the type of medical training to know for sure that you are fine. Unless the police officer is certain you are uninjured, he or she will probably help to arrange for your transport to a hospital emergency room to
be checked out. Again, it is a good idea to accept this offer unless you are certain that
you are uninjured. Cases are proved largely through the testimony of witnesses. You can testify on your own behalf and give the judge and jury a complete account of what happened from your point of view.

The only difficulty with your point of view is that you are not unbiased. For this reason, never assume that a witness to an accident is unimportant or unnecessary. To the extent
possible, try to record the names and addresses of all witnesses to whom the officer
speaks; unfortunately, you cannot rely on every witness to stay at the scene until the officer arrives. Do the best you can to compile your own list of witnesses.

Avoid Workplace Injuries
One of the toughest hardships to have to live through is a serious injury on the job that puts you out of work. Just one mistake today can cause pain, financial difficulty, and mental and
emotional distress for years. It is your right to work in a safe working environment. The equipment you use and the vehicles you drive should be in good condition. If you work with chemicals, it is your right under State law to know the impact of those chemicals on your health, and to be adequately trained in their proper use. If your employer requires
use of protective gear for certain tasks, be sure to follow those instructions fully.

If you do have an injury or disability that is caused by your employment situation, check with a lawyer before agreeing to any settlement. Some insurance companies and employers may offer settlements to you that are primarily in their own interests, not yours.

Attention: Small Business Owners
What Is A Limited Liability Company?

Are you still operating as a sole proprietor, otherwise known as a “d/b/a?” If you are, you are risking your personal assets and perhaps your family’s future in the event a claim is filed against your business.

Many small businesses in New Hampshire are simply operated by their owners, which
may consist of just one person. Historically, such an entity was commonly operated as a sole proprietorship or a “d/b/a.” However, due to changes in both the New Hampshire law as well as the Internal Revenue Code, a single owner business can, and should, be operated as a Limited Liability Company (LLC). By forming an LLC, you continue to enjoy the flexibility of a sole proprietorship, keep your old accounting system, yet
gain huge protections. An LLC enjoys the same liability protection as a corporation
whether that business is Joe’s Deli, LLC, or IBM, Inc.

So, if you are operating a business in New Hampshire and doing so as a sole proprietor, contact our attorneys to discuss the details of forming a Limited Liability
Company that will not change the way you do your business, but will certainly
give you added protection for your personal assets and your family’s future.

Do Grandparents Have Visitation Rights?
In light of the recent United States Supreme Court decision in the case of Troxel v. Granville, (2000), many New Hampshire residents may believe that grandparents no
longer have any rights to visitation. NOT SO! In the Troxel decision, the Supreme
Court decided that the Washington State non-parent visitation statute was unlawful
insofar as it burdened the rights of the immediate parents. The Supreme Court,
however, clearly limited its decision to the law passed in the State of Washington.
The U. S. Supreme Court did not decide that all non-parent visitation statutes were
unconstitutional.

The Washington statute failed because it lacked specific criteria for evaluating
grandparents’ visitation rights. New Hampshire’s grandparents’ visitation statute provides comprehensive and specific criteria which a court must evaluate in determining whether a grandparent shall have visitation rights to a grandchild. Under New Hampshire law, however, grandparents may only pursue visitation rights in the context of a divorce, custody battle, termination of parental rights, or death of the child’s parents.

Since the Troxel decision was handed down, several other states have had their
grandparent visitation statutes tested and some have been deemed constitutional. So
far, the New Hampshire Supreme Court has not been faced with evaluating our
statute in light of the Troxel decision. Thus, the potential right of New Hampshire’s grandparents to pursue visitation still exists.

Car Crash Tips Guide

• Cooperate with law enforcement authorities.
• Avoid any confrontations.
• If you are injured, be sure to get medical care immediately. Remember that many injuries will not be apparent for a day or two.
• Ask a family member to take photos of your injuries, your car, and the scene of the accident. Take photographs of all of your injuries again a couple of days later, when bruising may be more visible.
• Beware of insurance companies that often want to settle quickly. Be sure to consult with an attorney regarding your rights and then decide what course is best for you.

Statement Of Our Values
Trustworthiness. We are trusted advisors to our clients, because they know we will always do it right – or refer them to someone who will. We keep our word. We speak the truth, without exaggeration, even if the truth is not what the client wants to hear. Whatever needs to be done on their behalf will be accomplished properly and with their best interest in mind.

Service. We care about and identify with our clients. People come to our firm because they know we solve problems and get things done in a thorough, thoughtful, and timely manner. We approach every problem as if it were our own, every client as if he or she were a valued member of our family.

Excellence & Pride. The entire Law Firm team takes pride in the quality of our work. We understand that each of us must perform at the highest level of excellence if we truly are to serve our clients. But we never rest on our accomplishments: we continually learn and improve, always striving higher, seeking to get as close to perfection as possible.

Teamwork. We are committed to the mission and values of the Law Firm. This is more than a job. It’s a spirit, an attitude, a way of being. It shows in how we work together and on our own. We are ever mindful of the impact of our words and actions on our clients and each other. We respect and care about each other. We support one another in our jobs and lives.