Tag Archives: Super Lawyers

Impact of Covid-19 on Evictions – Article by Dennis Morgan

February 11, 2021

Back in the Spring of 2020, New Hampshire’s Governor issued Emergency Order #4 regarding a temporary prohibition on evictions and foreclosures. Landlords were prohibited from starting an eviction proceeding during the State of Emergency. This has since expired however, between the CARES Act and CDC (Centers for Disease Control) moratoriums, most evictions have now been prohibited through the end of March, 2021. This is almost a full year of prohibitions on most evictions.  The pandemic’s impact on jobs has been great but there has also been a significant impact on landlords as well.

As it stands now, the CDC Order applies to “covered persons” and residential property. A Covered Person is a tenant of residential property who provides their landlord a declaration that says (1) the tenant has used their best efforts to obtain all government assistance for rent our housing; (2) the tenant earned less than $99,000 in taxable income for 2020 ($198,000 for joint filers); (3) the tenant is unable to pay the full rent or make a housing payment due to substantial loss of income, hours, wages, a layoff or extraordinary medical expenses; (4) the tenant is making best efforts to make timely partial payments; and (5) eviction would likely render the tenant homeless.

The CDC Order applies to any property leased for residential purposes, including any house, building, mobile home and or land in a mobile home park, or similar dwelling. It does not apply to hotel/motel rooms, guest house rentals on a temporary or seasonal basis.

If a tenant qualifies as a Covered Person and completes the CDC declaration, they must provide it to their landlord. If there is more than one person on a lease, each must sign the declaration and provide it to their landlord. Once the tenant completes the declaration, this will cause an eviction proceeding for non-payment of rent to terminate, even up until the point of a writ of possession being served to require a tenant to vacate the leased premises. Evictions that were completed prior to Sept. 4, 2020 are not subject to the CDC Order.

For landlords, this does not mean that there is no way to evict a tenant while the CDC moratorium is in effect.  There are 5 exceptions to the moratorium which are: (1) tenant(s) engaging in criminal activity on the rental premises; (2) threatening the health or safety of other tenants; (3) damaging or posing an immediate and significant risk of damage to property; (4) violating applicable building codes, health ordinances or similar health/safety regulation; or (5) violating any other contractual obligation of a tenant’s lease, other than timely payment of rent.

Tenants have an obligation to pay their rent up to the full amount due if able.  The moratorium does not suspend or cancel a tenant’s obligation to pay rent.  If a tenant is unable to pay their rent and is a “Covered Person”, they cannot be evicted once they submit their CDC declaration to their landlord, but once the CDC Order expires, all unpaid or past due rent will then be due, which will then be a basis for an eviction. This includes not only the past rent but any late fees, penalties, or interest resulting from a tenant’s failure to pay rent during the period of the Order. Best practice would be for tenants to pay their rent if they can afford to do so and for Landlords to know that if they attempt an eviction during the CDC Order there can be serious consequences. Violating the CDC Order can result in fines up to $100,000 and/or a year in jail.

As difficult as the pandemic has been for both tenants and landlords, there are resources available to help. The CARES Act has set aside billions of dollars in grants for the purposes of assisting people with support for rent and housing during the pandemic. Both tenants and landlords would be advised to contact the HUD as well as state and local authorities to find out what is available in their community. This is in the best interest of both the landlords and tenants. Tenants should take full advantage of any federal, state or local rental assistance programs available. The US Dept. of Housing and Urban Development (HUD) has Covid-19 resources on their website (www.hud.gov).

Dennis L. Morgan, Esq.
[email protected]
603-356-5439

Are you covered? – Article by Paul Chant

January 27, 2021

I have been representing people injured in accidents for over 30 years.  The single biggest category are motor vehicle accidents, cars, trucks and motorcycles.   Every year, sometimes more than once a year, I encounter this situation.  Good people, with assets, have failed to protect themselves when they have caused an accident or when they have been injured by another driver.

So, how do you protect yourself?  The answer is to carry appropriate, reasonable levels of coverage.  On TV these days, companies advertise that they are the cheapest, and that you “only get the coverage you need.”   You follow up to their corporate website that presents low cost, low coverage policies.  You never speak with a human being about what coverage you need to protect yourself if:  1.  You cause an accident and injure one or more parties; or 2.  Someone causes an accident in which you sustain injuries.

First, you need to know that New Hampshire does not require mandatory automobile insurance for all drivers, and almost 10% of New Hampshire drivers carry no coverage.    Many people also carry pitiful, small levels of coverage.  The minimum limits of purchase you can purchase in New Hampshire for auto or motorcycle insurance, pursuant to R.S.A. 259:61 is “at least $25,000 on account of injury or death of any one person, and . . . at least $50,000 on account of any one accident resulting in injury to or death of more than one person . . . These statutory minimum limits have remained unchanged by the Legislature for 40 years!

Think for a moment of your health insurance premiums over the last 40 years.  Those costs have exploded.  Similarly, medical costs following auto accidents have grown substantially over the years. Think of your income over the last 40 years.  Hopefully, it, too grew substantially.  Yet, in many cases people carry the same limits they carried 10, 20, even 30 years ago.  Why?  Because no one told them to change their limits to protect themselves.

The two most common scenarios I see are the following:  First, we get calls from people who have received letters from their insurer following an accident they have caused telling them that they may have insufficient limits to cover a claim against them.  Those people fear for their houses and other assets.  We have even advised bankruptcy in these cases before.

The second scenario is the person or couple or family injured in an accident.  The driver carries low limits, and they do to.  In this case, there is no path for any reasonable financial recovery no matter how extensive the injuries, medical bills, or lost income. There is nothing we can do for these folks.  I represented a large family in an accident years ago in which 5 or more family members were injured.  They carried low limits.  The recovery was nominal.  I have had numerous death cases where $100,000 or less existed in total available coverage.  That is not enough for death or serious injury.

So, how do you protect yourself? The answer is simple.  Buy more coverage.  A local agent I spoke to told me that his office requires a waiver for any individual who insists on buying coverage of less than $250,000 per person, and $500,000 per accident.  The reason:  People need at least that much coverage to protect their assets in the events they hurt others, and at least that much to protect themselves if someone else injures them.

I have looked at the difference in costs for increased coverage. The difference between $50,000 per person/ $100,000 per accident coverage and $250,000/$500,000 coverage is often as little as $100 to $150 per year if you have a relatively clean driving record.  Isn’t protecting yourself worth that additional cost?  Finally, an easy way to cover the cost of increased liability and uninsured motorist coverage is to simply increase your deductible for your collision and/or comprehensive coverage.  Increasing your deductible from$250 per claim to $500 per claim might alone cover the cost of increased liability insurance. Be smart.  Buy enough coverage.

Stay safe and be well.

Paul W. Chant, Esq.
[email protected]
603-356-5439

Paul Chant recognized as a Super Lawyer

May 7, 2019

NORTH CONWAY, NH – Cooper Cargill Chant, PA is proud to announce that Partner Paul Chant was selected by Super Lawyers New England Magazine for recognition in its 2018 publication. Super Lawyers, a Thompson-Reuters business, is a prestigious honor awarded to attorneys who exemplify the highest standards and abilities in areas of law.

Attorney Chant was named a Super Lawyer for personal injury practice, on the Plaintiff side. He has over 30 years of experience representing Plaintiffs in personal injury and workers’ compensation litigation. Attorney Chant was selected by Business New Hampshire Magazine as its “Top Personal Injury Lawyer” for 2015 for the entire state of New Hampshire. Paul serves on the NH Access to Justice Commission. This is the fourth consecutive year that he was selected as a Super Lawyer.

Attorneys chosen to the list of Super Lawyers must pass a rigorous, research driven selection process that consists of peer nominations and ratings and in depth evaluations by a highly credentialed panel of attorneys. Lawyers who make the final list have attained the highest degree of professional achievement and recognition from their legal peers.

Super Lawyers Magazine was created to honor exceptional attorneys and to provide consumers in need of legal services in their region with access to an objective list of top lawyers in their area, because no more than 5% of attorneys in this state are named to the Super Lawyers Magazine list – and no more than 2.5% of attorneys are selected to the list of Rising Stars.™  (Honoring lawyers age 40 or younger or in practice 10 years or less). Consumers can feel confidence in choosing lawyers who have been recognized by the trusted publication. For more information, visit the Super Lawyer web site.

Cooper Cargill Chant is the largest law firm north of the lakes region in New Hampshire. The firm’s attorneys are recognized leaders of the New Hampshire Bar Association, have chaired the Boards of the New Hampshire Bar Association, the New Hampshire Association for Justice, and the New Hampshire Bar Foundation. Lawyers have won numerous awards for their representation of clients throughout New Hampshire, including awards for legal service to the poor, for work in domestic violence cases, in helping form and develop businesses, and in personal injury work. With offices located in North Conway and Berlin, New Hampshire, Cooper Cargill Chant is counsel to hundreds of small businesses and associations, and thousands of individual clients throughout northern NH and western Maine.

For more information, call 603-356-5439 or visit them online at www.coopercargillchant.com.

Cooper Cargill Chant is listed among NH’s largest law firms

March 19, 2018

Cooper Cargill Chant is listed among NH’s largest law firms. NH Business Review’s “Book of Lists” was recently released. Among the many lists compiled by NHBR is a list of the largest law firms in our state ranked by the number of NH Attorneys. CCC placed 29th in the state and 2nd among the four firms on the list headquartered north of Concord. Of course we were the only listed firm in the state headquartered north of the lakes region. While we may not be the biggest, we pride ourselves on providing our clients with the best quality legal services. We appreciate the trust our clients have placed in us. The book of lists can be found here. https://issuu.com/mcleancommunications/docs/2018_nh_business_review_book_of_lis

Leslie Leonard Named Partner at Cooper Cargill Chant

January 30, 2018

The law firm of Cooper Cargill Chant, PA. has named attorney Leslie M. Leonard a partner of the firm.

“We are pleased to welcome Leslie as a partner in the firm. She is a tremendous asset. Since joining the firm in 2010 Leslie has immersed herself in the community serving on many professional and nonprofit boards. We are confident that she will continue to use the experience, legal skill and work ethic she has demonstrated since joining our firm to achieve the best results for our clients” said Paul Chant, President of Cooper Cargill Chant.

Leslie began her career as a paralegal in Boulder, Colorado after graduating cum laude from the University of New Hampshire. During her years as a paralegal, she gained significant experience in the areas of personal injury and family law matters. Working in the field ignited her passion and she made the decision to attend law school. After eight years in Colorado she returned to New Hampshire to study law at Franklin Pierce Law Center (now UNH School of Law) where she graduated cum laude in 2006.

Since joining Cooper Cargill Chant in 2010, Leslie has focused her practice in the areas of family law, estate planning, employment law, personal injury and social security disability. She represents clients in both New Hampshire and Maine.

Leslie currently serves as President of the Rotary club of North Conway and President of the Carroll County Bar Association. She is a member of the Gibson Center Board of Directors and an ex officio member of the White Mountain Community Health Center board. She is a member of the New Hampshire Association for Justice and the Human Resources Association of Greater Concord. She is a past president of the Mount Washington Valley Children’s Museum board of directors and a past board member of the Ham Ice Arena. She was recognized as a “Rising Star” in 2015 and 2016 by Super Lawyers New England Magazine. Leslie was a member of Leadership Mount Washington Valley, Class of 2012.

Cooper Cargill Chant is the largest law firm in Northern New Hampshire with office in North Conway and Berlin. Its attorneys represent a wide range of individuals, businesses and organizations in central and northern New Hampshire and western Maine. Practice areas include: personal injury; real estate; business and corporate; planning; zoning and municipal; civil litigation; family law, bankruptcy, employment law, criminal defense and DWI.

For more information about Leslie Leonard or the firm, call (603) 345-5439 or visit the website at www.coopercargillchant.com/leslie-leonard

Cooper Cargill Chant Welcomes Attorney Andrew Dean

August 14, 2017

NORTH CONWAY & BERLIN, NH  –

Cooper Cargill Chant is pleased to announce that Attorney Andrew Dean has joined the firm. Andy has spent the last decade practicing commercial law with Mintz Levin Cohn Ferris Glovsky and Popeo in Boston, where he concentrated his practice in real estate acquisition, disposition, leasing, development, and financing.   He has represented national and regional businesses in sophisticated commercial transactions. While in Boston, Andy was recognized by Massachusetts SuperLawyers as a Rising Star – Real Estate (2013-2016).  Andy is a graduate of George Washington University and the University of Connecticut School of Law. He resides in Kearsarge with his wife, Jessica, and their two children.   Eager to join the Mount Washington Valley community, Andy is already a member of the Board of the Mount Washington Valley Housing Coalition. Cooper Cargill Chant partner Ken Cargill is pleased to welcome Andy: “He brings a wealth of solid, practical experience as a commercial attorney. We are thrilled to have him at our firm.”

Cooper Cargill Chant is the largest law firm north of the lakes region in New Hampshire. The firm’s attorneys are recognized leaders of the New Hampshire Bar Association, have chaired the Boards of the New Hampshire Bar Association, the New Hampshire Association for Justice, and the New Hampshire Bar Foundation. Lawyers have won numerous awards for their representation of clients throughout New Hampshire, including awards for legal service to the poor, for work in domestic violence cases, in helping form and develop businesses, and in personal injury work. With offices located in North Conway and Berlin, New Hampshire, Cooper Cargill Chant is counsel to hundreds of small businesses and associations, and thousands of individual clients throughout northern NH and western Maine.

For more information on Andrew Dean and Cooper Cargill Chant, call them at 603-356-5439 or visit them online at www.coopercargillchant.com or on Facebook at www.facebook.com/coopercargillchant.

Pictured (from left to right): Ken Cargill and Andy Dean.  Photo Credit: Countrypolitan Studios

Attorneys Paul Chant and Leslie Leonard voted Super Lawyers Again!

May 2, 2017

Cooper Cargill Chant Attorneys Receive Accolades From Super Lawyers

November 14, 2016

NORTH CONWAY, NH – Cooper Cargill Chant, PA is proud to announce that its Partner Paul  Chant has been selected by Super Lawyers New England Magazine for recognition in its 2016 publication.  Super Lawyers, a Thompson-Reuters business, is a prestigious honor awarded to attorneys who exemplify the highest standards and abilities in areas of law.

Cooper Cargill Chant, PA’s Super Lawyer for 2016 is Attorney Paul Chant.  Attorney Chant was named for personal injury practice, on the Plaintiff side.  He has 30 years of experience representing Plaintiff’s in personal injury and workers’ compensation litigation.   Attorney Chant was selected by Business New Hampshire Magazine as its “Top personal injury lawyer” for 2015 for the entire state of New Hampshire.  Paul is President of the Mount Washington Valley Economic Council and a Member of the New Hampshire Bar Association Board of Governors.

In addition to Attorney Chant’s selection as a Super Lawyer, Cooper Cargill Chant, PA Associate Leslie Leonard was named a Rising Star.  Attorney Leonard is an Associate whose practice is in family law, estate planning, personal injury  and employment law.  She is the Past-President of the Mount Washington Valley Children’s Museum Board of Directors, Vice President of the Rotary Club of North Conway, a member of the Board of Directors of the White Mountain Health Center. and a Graduate of the Mount Washington Valley Chamber of Commerce Leadership Program.

Attorneys chosen to the list of Super Lawyers must pass a rigorous, research driven selection process that consists of peer nominations and ratings and in depth evaluations by a highly credentialed panel of attorneys.  Lawyers who make the final list have attained the highest degree of professional achievement and recognition from their legal peers.

Super Lawyers Magazine was created to honor exceptional attorneys and to provide consumers in need of legal services in their region with access to an objective list of top lawyers in their area, because no more than 5% of attorneys in this state are named to the Super Lawyers Magazine list – and no more than 2.5% of attorneys are selected to the list of Rising Stars.™   (Honoring lawyers age 40 or younger or in practice 10 years or less). Consumers can feel confidence in choosing lawyers who have been recognized by the trusted publication.  For more information, visit the Super Lawyer web site.

Cooper Cargill Chant is the largest law firm north of the lakes region in New Hampshire. With its main office in North Conway, New Hampshire, Cooper Cargill Chant lawyers have over 150 years of experience. Cooper Cargill Chant attorneys are recognized leaders of the New Hampshire Bar Association, have chaired the Boards of the New Hampshire Bar Association, the New Hampshire Association for Justice, and the New Hampshire Bar Foundation. Lawyers have won numerous awards for their representation of clients throughout New Hampshire, including awards for legal service to the poor, for work in domestic violence cases, in helping form and develop businesses, and in personal injury work. With offices located in North Conway and Berlin, New Hampshire, Cooper Cargill Chant is counsel to hundreds of small businesses and associations, and thousands of individual clients throughout northern NH and western Maine.

For more information, call 603-356-5439 or visit them online at www.coopercargillchant.com.