Few things impact your life more than being charged with a criminal offense. The consequences range from bad to completely disastrous.  In New Hampshire, every criminal offense is classified as either a Misdemeanor or a Felony, and there are gradations within each of these major categories. Misdemeanors carry a possible penalty of up to 12 months incarceration and a $2,000 fine.  Felonies carry penalties that can greatly exceed Misdemeanors.  The two basic categories of felonies are Class A and Class B. They carry maximum penalties of 7 ½ to 15 years incarceration and 3 ½ to 7 years incarceration respectively, along with fines of $4,000 or even more, for drug felonies.

Having a skilled and seasoned trial attorney by your side every step of the way makes a huge difference in how such matters are resolved.  Attorney Nicholas Brodich has been successfully handling criminal matters in District, Superior and Federal Courts since 1988.  Let his experience guide you through your difficult situation.

Bankruptcy is designed to provide relief to individuals or businesses that are unable to repay their debts. It involves declaring inability to meet financial obligations and seeking protection from creditors. Bankruptcy can offer a fresh start to debtors burdened by overwhelming financial obligations, although it comes with consequences such as damage to credit scores and potential loss of assets. Its primary goal is to provide a fair resolution for both debtors and creditors when financial difficulties become insurmountable. Our attorneys have the experience you need to help navigate the Bankruptcy process and make sure you have the best outcome possible.

Family law requires patience, understanding and compassion of and for my clients throughout the divorce process.  I believe that as attorneys we have a duty to be diligent in negotiating a fair settlement that is satisfactory to our clients but at a reasonable cost.  I also believe that in some cases no amount of reasonableness works, and the need to become aggressive on behalf of our clients and proceed to full trial is necessary.

Tarbell & Brodich’s attorneys have decades of experience in virtually every aspect of municipal law.  Because New Hampshire has no income or sales tax, but instead a real property tax, tax abatements are matters we routinely handle for property owners and municipalities.  Our ability to represent both towns and property owners affords us a unique perspective on the process and outcome on initial property assessments and the strength or weakness of that assessment.  In tax abatement matters the value of the properties in play is key factor in establishing the tax owed. Our attorneys can assist you in appealing your tax assessment, and in the case of a town, defend your assessment.

It is often more effective, both in substance and cost, to use a lawyer before trouble starts.  When considering transaction or a major change in your business or personal life then it may be a good time to seek the assistance of an attorney.  Such a change may be buying or selling real estate, financing and changes to your real estate, whether it be improvements or boundary line adjustments. 

These types of changes may pose risk as there are often traps for the unwary.  Seeking an firm that regularly handles certain types of transactions can greatly mitigate these risks.  Generally when people enter into a given transaction they are optimistic that everyone involved with do as they promise.  Often, if people do, then all is well in the world.  However, the grim reality is that from time to time the best laid plans go astray.  By contemplating what may go wrong, it will allow us to put you in a better position to address the situation. 

Nearly every transaction will require some level of due diligence to make sure the funds, ownership status and representations are true and accurate.  This can be accomplished by performing title searches, preparing purchase and sale agreements, title insurance, preparation or review of leases, review of zoning or private encumbrances. Before investing in such due diligence, it normally makes sense to have a Purchase and Sale Agreement in place.  This will confirm that the buyer has the right to buy after performing the research and the seller will be obligated to sell.  Investing in this much of an investigation only to have the seller refuse to sell or unjustly increase the selling price would be maddening.  For this reason, we often start with a Purchase and Sales Agreement then proceed with the due diligence in an effort to keep all parties expectations in check and confirm the legal obligation to proceed.

For landlords, we also offer legal assistance with the preparation of leases, collection and evictions.  This includes both for residential and commercial properties.  Often we are asked to provide a template lease; this simply is not realistic nor is it well advised.  Real estate is unique and each landlord/tenant relationship is different.  Difference from unit to unit can include: rental amount, permitted use of the unit, utility liability, real estate taxes, area rented, snow removal, garbage disposal, subtenants, subordination and non-disturbance agreements, smoking, pets and anything else that may be unique to the landlord or tenant.

Tarbell & Brodich represents over 175 corporate clients comprised of small single owner businesses to large corporations.  Our services include representation of our corporate clients in litigation as well as managing their corporate record books, annual reports, annual minutes and preparing resolutions as required.  Eaton W. Tarbell, Jr., his son Eaton W. Tarbell, III and David Lefevre provide legal services to our corporate clients.

Tarbell & Brodich has a long history of helping people who have been injured by the carelessness of another.  Its experience and financial resources bring complex cases to successful resolution.  Whether a case will go to trial or settle is not easy to predict prior to discovery and depends on many factors, including the strength of the case and whether the parties are willing to compromise.   While most cases settle, there are no guarantees.  Knowing when to settle and when to try a case requires experience and judgment.  Our lawyers will provide you with the information and advice you need to make correct decisions and will do their best to make sure you are fully compensated for all of your injuries.   

The correct preparation of an estate plan can maximize the amount of assets passed to heirs, while minimizing taxes as well as an executor’s or trustee’s stress.   A simple estate plan involves such legal documents as wills, financial powers of attorney, health care powers of attorney and living wills, nomination of guardian forms and declaration of final arrangements.  A more complex plan could involve one or more revocable or irrevocable trusts, in addition to the documents mentioned above.  

There are various types of trusts.  Some, like a discretionary support trust, are created for heirs with addictions, debts or marital problems to ensure the proper management and use of trust assets from which they benefit.  While other trusts, like a special needs trust, are created for the benefit of disabled persons to ensure the proper future management and use of trust assets, and to secure their continued eligibility for public benefits.  Every estate plan is customized for the needs of the client.

Civil litigation covers virtually everything expect criminal matters. While we work hard to avoid litigation and reach amicable resolutions before matters go to court, settlements do not always occur. In the commercial context, a business realizes that the only real remedy available is a judicial remedy. Whether the issue is for money loaned via a promissory note, a breach of contract, the return and liquidation of collateral, the seeking of an attachment or lien against the defendants’ property and assets –including bank accounts, our attorneys can determinedly represent you and your interests while simultaneously keeping an eye on costs and the possibility of settlement.

Civil litigation also arises outside of the commercial world. Individuals, too, engage in business transactions. Whether buying a car, a house, or a product, dealing with a construction defect, or condominium issue, the law provides an aggrieved party a remedy. Civil litigation is also available to protect your property rights. When considering property rights, most people commonly think of their real property. Yet, property rights also exist in copyright, trademarks and trade secrets. Because property rights are important it is sometimes critical to protect them on an emergency basis. In those instances our attorneys can assist you in obtaining temporary restraining orders and inunctions to stop the harm to your property. As New Hampshire’s population ages as a whole the issues of elderly abuse and elderly financial exploitation have increased. Our attorneys work tirelessly to undo the unjust treatment and fraud against the elderly.

In New Hampshire, the Family Court will generally, but not always, attempt to equalize the division of assets in a divorce or legal separation when the marriage has exceeded 10 years.  Having an M.B.A. with an accounting major, I often see a financial issue in a different light than an attorney without an accounting background.  I can determine and properly analyze the tax ramifications when negotiating the division of marital assets so that I can properly advise that client to request marital assets which would result in the least amount of tax consequence for them.  This capability nearly always works to the advantage of my clients, particularly if there are family owned businesses involved or in those cases that involve significant investments in real estate.

Guardianships (Minors and Adults)

Guardianship over a person is established when the court determines the functional limitations of an individual have declined to the point where that individual’s ability to participate in and perform minimal activities of daily living is not present.  Guardianship over a person’s estate is established when the court determines that a person’s ability to understand and make decisions relative to financial matters is not present.  The probate court has jurisdiction over these types of guardianships.  To obtain guardianship, the applicant must prove beyond a reasonable doubt that the proposed incapacitated person is unable to provide for his or her basic needs, that he or she is incapable of making an informed decision to provide for his or her needs, that he or she will or has come to substantial harm as a result of his or her incapacity, and finally, the applicant must prove the guardianship is the least restrictive alternative available.  Our office regularly represents families in establishing guardianships over a minor or adult, as well as representing proposed wards.