banner

Taking Care of the Business of your Life

MenuCallFind

Our Main Office

The Busiel Mill

One Mill Plaza

Laconia NH 03246

How can we help you?

                                                                Click on Office for map and directions

(opens a new window)

Laconia Office

Ph: (800) 439 - 5999
Ph: (603) 524 - 4121

Lancaster Office

Ph: (800) 439 - 3129
Ph: (603) 788 - 2410

Lebanon Office

Ph: (800) 439 - 5536
Ph: (603) 448 - 3080


Wolfeboro Office

Ph: (800) 924 - 1566
Ph: (603) 569 - 2977

Blog RSS Feed

NH Law Blog

French Intern Sees Differences in Legal Practices

Posted Aug 26, 2016

LACONIA — A 19-year-old law student from France is getting an up close and personal look at how the American law system operates and says he's struck by the differences he sees between the United States and his home country.


Quentin Douette of Rouen in northern France is in the final week of his month-long internship with the Martin, Lord and Osman law firm and said he's enjoying the opportunity to see how American law works. He's entering the second year of what will be a seven-year program to become a lawyer in France and is pursuing a double major in the law and English. 

What he sees in American courts is very different from what he has sees in France.  "Lawyers are leading the debate here much more than the judge. In France, the judge is the one asking the questions," said Douette.  The difference in the legal systems is in part explained by the English-speaking world's reliance on the common law based on consensus and precedent, according to Willard "Bud" Martin, head of the law firm, and the French reliance on the civil code originally developed under the Emperor Napoleon.

"Lawyers in France are much more apt to be looking at the written law than for precedents," said Martin. Douette has been exposed to many aspects of the law while here, attending court hearings, trials, discovery proceedings and even a real estate closing, and has worked with many of the lawyers and paralegals at the firm. He's also had the chance to speak with Judge James Carroll in Laconia Fourth District Circuit Court.


He said one thing he's noticed about American courts is that the system encourages communication between the parties involved in legal actions that promotes reaching agreements outside of the courtroom rather than going to a trial.
"Its very difficult to attend a trial in France. Many of our trials are not open to the public and often it's heard by the judge alone, rather than a jury," said Douette. He points out that in France judges attend a special school for judges and are not drawn from the ranks of lawyers, who attend different schools.


While in New Hampshire, Douette said he's had the opportunity to visit the Mt. Washington Hotel, site of the 1944 Bretton Woods conference which established the post World War II monetary system, as well as take in parts of Lake Winnipesaukee.
Last weekend he tried his hand at target practice, attending a shooting range in Belmont where he got to fire a pistol, a unique experience which he said he really enjoyed.


His internship with the local law firm was facilitated by Joseph Adrignola, administrator for the law firm, who said he was approached by a friend with whom he bicycles in France who was looking for a law internship in the United States for his grandson.  "I talked with the partners at the law firm and they gave it the green light," said Adrignola, who says that Douette speaks excellent English "and is absorbing everything like a sponge."


Martin says that the lawyers and staff at the law firm are finding that it is a two-way street with Douette and are enjoying the opportunity to deal with someone who brings a different perspective to the firm.


By ROGER AMSDEN, LACONIA DAILY SUN


Big Changes to Salary vs. Employee Laws

Posted Aug 23, 2016 by: Attorney Kristofer S. Wilson

Changes to Overtime Regulations

Starting December 1, 2016, there will be a big (over double)change to the federal requirements for classifying an employee as a salary rather than hourly worker. This change will increase the minimum compensation level as follows:

 

Current Requirements

Requirements as of December 1

Weekly

$455.00

$913.00

Annually

$23,600.00

$47,476.00

 

Salaried workers who earn less than $47,476.00 will need to be reclassified or have their pay adjusted. The department of labor estimates over 4 million employees will be effected by this change. As such, now is an ideal time to review the classification of your employees and prepare for the financial impact of the new law.


In order to classify an employee as salaried, there are three tests which must be satisfied:

1.      Salary Basis Test: compensation must be predetermined and fixed salary regardless of quality or quantity of work

2.      Salary Level Test: compensation must meet a minimum threshold which will be increasing from $455.00/week to $913.00/week

3.      Duties Test: The tasks and responsibilities must meet the requirements of the regulations as executive, administrative, or    professional.



With the new changes to the salary level test, it is important to evaluate employees making under $913.00 per week. Some options include:

A.     Raise salary to meet the new level.

B.     Keep the salary, report all hours worked, and pay overtime.

C.     Keep the salary, report all hours worked, but limit the work week to 40 hours (overtime will still need to be paid if the worker goes beyond 40 hours)

D.     Reduce the hourly rate to account for overtime increase of additional hours worked.



Businesses should plan for financial and legal consequences of the new changes. It is important to review all salaried employees in order to prepare for the financial impact higher wages or reduced hours. Additionally, reviewing your handbooks and internal policies will help ensure that you are in compliance with New Hampshire and Federal employment laws.


Elder Law Services

Posted May 27, 2016 by: Janice Hammond, Paralegal for Elder Services

Elder Law Services

 

“My aunt lives alone and daily activities are proving more difficult for her.  She can no longer do simple tasks such as cleaning, cooking, laundry or shopping.  She says she is not ready for a nursing home.”  "My father just had a stroke and wants to pass in his own home."

Janice Hammond
Paralegal for Elder Services
Martin, Lord & Osman, P.A.



Does this sound familiar?  Is your story about you and your mom, dad, grandparent?  Most adults want to age in their own home, but need some services to do so safely.  There are many instances where the family member does not have the time or energy to locate and follow through with services available to their loved one.  This is where we can help!

 

Martin, Lord & Osman, P.A.
Elder Law Services



Our firm is committed to providing elder law services to our senior clients and their families.  These services include:

 

  • Consultation - professional guidance to identify issues and explore options, at home or in our office
  • Legal Assistance as to care management - provide ongoing care coordination, monitoring and advocacy
  • In-Home Assessment & Long-Term Planning - Personal visit, written plan and family session to address needed care services, placement options, professional referrals and resources
  • Medicaid/Medicare advice
  • Review of Long Term Care Insurance Options
  • Wills, Trusts, Financial and Medical Powers of Attorney
  • Probate and Administration of Estates
  • Guardianships and Conservatorships
  • Personal and Trust Tax Returns
  • Real Estate Transactions
  • Prenuptial Agreements