For these reasons, one of the most important services that your lawyer provides as your advocate in civil litigation is to first and foremost cut through the fog, focus on what is legally significant, and keep the focus there for the duration of the case. While there may be deep seeded hard feelings between the parties by the time one of them decides to file suit, these feelings are not necessarily in of themselves actionable. North Atlantic Legal does its best to the focus on the rules of civil procedure, the rules of evidence and matter deadlines; and to narrow, to the greatest extent possible, the facts in dispute and legal issues in play. In doing so, we hope to take some of the stress and drama out of the process for our clients, avoid expensive and time consuming tactical motions practice, and get to the meat and potatoes of the case as quickly and efficiently as possible.

While any given civil ligation matter has its distinct commencement with the filing of a complaint, the potential for civil litigation and/or the threat of it deeply informs many other of North Atlantic Legal’s practice areas. This is especially so with respect to the transactional, contractual and operational work associated with our commercial and real estate practices. It informs our drafting and also how we counsel our clients to behave from the first sign of possible trouble in business and contractual relationships.

Often times we can see a dispute or claim coming from a distance. This presents an excellent opportunity to act, communicate or otherwise build a record that will be favorable to you should litigation eventually ensue. In other instances, you need a focused advocate to identify, locate and organize the relevant evidence and information to quickly mount a defense, or to obtain an emergency attachment or injunctive relief to protect your interests immediately. In any event, the sooner you have someone working for you in these matters the better.

Having your attorneys preparing for litigation early on sends a strong message to your potential adversaries at any phase of a disagreement or dispute that if necessary you are in it for the long haul. It’s often lost on people, including sadly many lawyers, that even where the vast majority of disputes and controversies settle, trial – real, or simply hypothetical in the distant future – remains the driving force behind the ultimate resolution of any given case or controversy. For this reason, having someone thinking about and signaling their preparation for the litigation/trial contingency as early as possible provides the greatest advantage and leverage. For more on this, visit the Insurance Claims and Personal Injury sections of our site.

We bring and defend debtor/creditor actions in the state courts of Massachusetts and New Hampshire and practice in the Federal Bankruptcy Court for the District of New Hampshire.

Attorney McPhee began practicing coincident to the onset of the great recession and mortgage/foreclosure crisis. Much of his initial case load was devoted to debtor/creditor matters. He derives a great deal of satisfaction resolving these cases early on when possible, as they often present as relatively simple economic/math puzzles. The analysis is on the one side what is reasonably owed, on the other side what funds are reasonably available – or likely to become available, and the diminishing returns for both sides and potential for bankruptcy associated with not settling the matter over the short term.

It has been said that there are lawyers who create problems and lawyers who solve problems. There is perhaps no other area of the law where things can become as upside down as they might in a troubled debt matter – especially when the debt is relatively small in comparison to potential fees that might accrue to collect it. Attorney McPhee strives to do his best to be a problem solver in these cases, to stop the waste and bleeding and hopefully negotiate an advantageous resolution over the shorter that ultimately saves the client money and yields a fresh start, whether they be debtor or creditor.

North Atlantic Legal welcomes personal and business bankruptcy inquiries.

You should be concerned. Your financial interests and those of the carrier are naturally at odds. Where you are looking to realize the full value of your claim, the insurance carrier on the other hand would like to pay you as little as possible. This doesn’t mean your adjuster is a bad person or that the carrier is evil. It just means that the parties are coming to the table from two very different positions.

As discussed more thoroughly in the civil litigation section of the site, the engine that ultimately drives any and all claims and disputes in our society is the prospect of a trial or some other judicial proceeding should negotiations fail. This is so even where the vast majority of civil claims and disputes are settled out court. In fact, is likely the reason that claims typically settle. Litigation generally means uncertainty, delay, and expense for both sides. The insurance carriers are always going to have experienced defense counsel on hand to assess the carrier’s potential exposure should the claim be placed in the hands judge or jury. For this reason, it is advisable for you to at the very least consult with an attorney of your own when you begin to negotiate a claim. Often, people just don’t recognize the most legally significant and important information about their claims. This is the information adjusters need to gather in order for the carrier’s legal department to fully appreciate the extent of the loss and the carrier’s exposure, and be motivated to advise compensation accordingly.

Attorney McPhee has enjoyed success assisting clients in their insurance claims through a variety of approaches. At times he has found simply consulting and coaching his clients on their personal communications with the insurance carrier are enough to achieve a good result. In other circumstances – especially for larger claims, Attorney McPhee has found barring the carrier’s access to his client, handling all communications himself, and drafting detailed demand communications accompanied by a comprehensive array of supporting documentation, all clearly ready to re-purposed into a lawsuit at moment’s notice, are the best approach.

At the end of the day, North Atlantic Legal is done when you say we are. We appreciate that insurance claims are often matters that you often just want to put behind you. We will never push you towards a trial that you don’t want to attend or testify at. However, we do sincerely believe that you should have legal professional assess your insurance claim, review the relevant documents and advise you as to coverage under a given policy and what any given claim might realistically be worth. You need help understanding what needs to be communicated to the carriers so that they fully appreciate the value of your claims, and by extension, the carrier’s potential exposure should negotiations fail and you decide to file a lawsuit.

Additionally, whether we are disclosed as someone simply providing counsel and advice, or if we are handling all communications, our presence signals your willingness and intent to take things to the next level should the carrier fail to provide you just compensation for your loss. Presence of counsel typically inspires better offers of settlement on your claims.

We will prepare or review your purchase and sale agreements; notes, mortgages and all other documents associated with financing; and any necessary escrow or holdback agreements. We do thorough and effective title research and prepare deeds for both transactional and estate planning or business structuring purposes. We handle easement matters and petitions to quiet title when there are flaws, defects or “clouds” in the chain of title.

North Atlantic Legal represents landlords and tenants in negotiating residential and commercial leases. We also handle evictions. Landlord tenant law is highly technical, strictly construed and replete with many traps for the unwary. We help our clients avoid them and secure their rights in the leasehold from the time it is granted, and as quickly and efficiently as possible when those rights are threatened or subverted.

A large portion of North Atlantic Legal’s business involves real estate related disputes. Many of these are “hammer and nail,” construction type cases where issues over payment and/or the quality of work or materials provided arise between builders/contractors and property owners. North Atlantic Legal is intimately familiar with the industry, its customs and the various means, methods and products employed in the development, repair and improvement of real property. We work hard to get a just remedy for our clients in the pursuit and defense of these types of claims.

We also handle various other real estate related contract disputes, pre- and post-judgment attachments and mechanics liens, claims of misrepresentation, boundary and adverse possession claims, fraudulent transfers of real property made to thwart legitimate creditors, easement disputes, and trespass and nuisance matters.

One of the most important things many people often fail or do not wish to consider is that they may well experience a time near the end of their lives when for one reason or another they are unable to competently make decisions for themselves. This is why designating some trusted, responsible person for the management of your affairs and granting them a durable power of attorney to make decisions on your behalf is important. Often times, this same person is designated as your healthcare proxy and entrusted with communicating your wishes to your physician regarding palliative care and whether you want your life pro-longed through the use of machines and medical equipment to support your nutrition, respiration and circulation in the event your body is no longer able to maintain these functions for itself. Detailed, well-crafted advance health care directives are really as much for your loved ones and agents and their peace of mind as they are for you. In the absence of such documents your loved ones might have bitter disputes over your end of life healthcare. We periodically hear about these cases in the news. In the absence of a detailed and personalized healthcare directive, your designated proxy could be saddled with the emotional weight of wondering if they have faithfully carried out your wishes. For this reason, it is best to be as explicit and clear as possible so that those fulfilling your wishes may do so with confidence and a clear conscience.

A simple will can do a lot. If you have minor children it designates who you want to serve as their guardian. You can appoint an executor or personal representative to administer and distribute your estate. You can provide for the disposition of your real estate and individual items of personal property to designated beneficiaries – or simply set the rules by which your designated beneficiaries might take in or divide your estate amongst themselves. There is room for creativity here. Believe it or not, growing more and more popular are provisions to provide for the care of our pets.

Trusts, whether for an individual or entire family, can do all that wills can do and more. The downside is that they are more complicated and typically more expensive documents to prepare. However, first and foremost, trusts are generally not subject to probate proceedings (discussed below). This can save your loved ones a significant amount of time, aggravation and ultimately money, which arguably makes the added expense readily worth it. Trusts provide a place to put your assets for safe keeping and allow for the ongoing management of the same to generate income and make disbursements to your designated beneficiaries over a longer period of time. Trusts can be used to designate when beneficiaries receive all or some portion of their inheritances – even if these beneficiaries are beyond the age of eighteen. Trusts can also be useful with respect to Medicaid planning and the provision for special needs or disabled beneficiaries without affecting their benefit eligibility.

The most important thing with trusts in that they be properly utilized. It has been said that a trust is like a basket, you need to take steps to make sure all of your eggs are carefully placed inside of it in order to realize its benefit. This involves the transfer of accounts, real estate and other assets to the trustee -who can be you so long as you are alive and able to manage the trust. North Atlantic Legal weaves the basket and helps insure that you take the steps necessary for you, your loved ones and beneficiaries realize its full potential.

Probate is a formal court proceeding whereby a deceased person’s estate is administered. The estate consists of all of the deceased’s assets and all of their debts. While it can provide a forum for the resolution of disputed claims through litigation, it is usually an administrative proceeding where assets are marshaled and inventoried, debts are identified and paid according to priority provided for by statute and the remainder is distributed to either beneficiaries named in the will or to next of kin as provided by statute. After this, a final account is prepared and filed and the estate is closed. Wills are subject to the probate process. Trusts on the other hand are not because they (generally speaking) represent a separate and distinct entity from the deceased.

In addition to formal legal documents such as wills and trusts, powers of attorney, advance healthcare directives, etc., there is much that can be done with respect to how you conduct your affairs, maintain accounts, designate retirement, pension and insurance plan beneficiaries, and hold title to real estate that should be discussed as part of any estate plan. North Atlantic Legal will be happy to discuss any and all of these matters with you and your financial planner at a time and place most convenient for you. We’ll be happy to visit you at home if that works best.