Winer and Bennett, LLP

Winer and Bennett, LLP

55 Years of Experience The law firm of Winer and Bennett, LLP has been providing exceptional legal advice and advocacy to its individual and corporate clients for over 50 years.

Firm Overview

Each of the firm's 8 lawyers has decades of experience in a select subset of the office's wide range of practice areas:

-Personal Injury
-Workers' Compensation
-Criminal Defense
-Family Law
-Civil Litigation
-Business Law
-Real Estate
-Condominium Law
-Insurance Recovery
-Estate Planning and Probate
-Landlord and Leasing
-Environmental Law

The attorneys at the law office of Winer & Bennett work as a team with the resources necessary to provide each and every client with the legal support required in an efficient and effective manner. If we can be of service, it would be our pleasure to hear from you. Our offices are located at 111 Concord Street in Nashua, New Hampshire.

Winer Bennett provides the quality of legal services you'd expect from a large law firm, without the bureaucracy, inflated cost and lack of personal responsiveness that all too often accompany it. The firm boasts stability spanning its entire fifty-five years of institutional presence, and lawyers with decades of high-level experience in their respective practice areas. In fact, our lawyers have structured many of the more significant business and real estate transactions in the area, conducted some of the most novel and successful litigation, and creatively managed some of the most challenging environmental liabilities in the region.

We are proud of our successful fifty-five year history of counseling and advocating for clients on a wide array of legal issues including small business, personal injury, criminal defense, family law, estate planning and probate, environmental law, land use and zoning, and condominium law.

At Winer and Bennett, LLP your work will receive the complete attention of the lawyers that you hire and our services will be provided in a responsive and cost-efficient manner. Winer and Bennett, LLP also has the flexibility to undertake, when appropriate, alternate fee arrangements to reduce or even eliminate the upfront costs of legal representation.
Main Office

Main Office
111 Concord Street
Nashua  NH  03061

Phone
  • 603 882-5157
Personal Injury
Nashua law firm Winer & Bennett specializes in personal injury law. If you've been wrongfully injured, the responsible party has a legal duty to compensate you for what happened to you.
The enforcement of that legal obligation helps make our streets, premises and products safer for everyone. Nevertheless, a personal injury claim is a complicated, risky and highly adversarial process. On one side is a liability insurance company with enormous resources. It is in their business interest to do whatever they can to minimize their financial exposure. On the other side is you. Your objective, as the law provides, is to be fairly compensated for what someone has caused you.

For decades, the lawyers at Winer and Bennett, LLP have been going toe to toe with insurance companies on behalf of injured clients. Personal injury attorneys Kent Barker and Peter Webb have over 65 years of combined experience representing clients throughout Nashua and New Hampshire. Their training and experience permits them to know what the rules are, what games are played, what works, what doesn't, and how to do it. With proper handling, most personal injury claims can be efficiently and fairly resolved for the client without the need for a lawsuit. Other cases will require litigation. A select few will have to go to trial. Recent jury verdicts in excess of $1,000,000.00 in cases tried by Winer and Bennett's personal injury lawyers have reminded the insurance companies who they are dealing with.

To enable you to protect your rights, it is usually an option for you to hire our personal injury attorneys on the basis that they are paid for the work only if and when they are successful.

Winer and Bennett, LLP's personal injury section, its experienced lawyers and staff, take pride in their reputation for having the resources, skills and determination to see to it that their injury clients receive the full compensation to which they are entitled.
Workers Compensation
Winer and Bennett, LLP is Nashua's most experienced law firm in matters of workers' compensation law.
In New Hampshire, a worker who is injured in the course of work is entitled to help. It is not only fair, it is the law of our State. Winer & Bennett attorney Peter Webb has over 30 years experience representing injured workers in matters of workers compensation.

Injured on the job? You have rights. Workers who suffer work injuries are to receive four basic workers' compensation benefits: weekly disability benefits to replace 60% of the wages lost, payment of related medical bills, help in returning to work, and an award for permanent loss of function of a part of the body. However, the reality is that those benefits are often not provided willingly or fully by workers' compensation insurance companies. Protecting your workers' compensation rights requires the assistance of someone who has a thorough command of the law and the process; the attorneys at the Nashua law firm of Winer and Bennett, LLP. Rest assured that the insurance company will work to minimize the cost of your workers compensation claim.

Having a knowledgeable legal advocate on your side early on can make all the difference. To enable you to afford to protect your rights, it is an option for you to hire our attorneys on the basis that they are paid only if they are successful. For decades, the workers' compensation lawyers at Winer and Bennett, LLP have been fighting on behalf of injured workers at the New Hampshire Department of Labor, the Compensation Appeals Board, the New Hampshire Supreme Court, as well as at the New Hampshire Legislature. They welcome the opportunity to put their experience to work for you.
Family
The Nashua law offices of Winer & Bennett specialize in family law practices.
Our lawyers have years of experience in all matters of family law, including divorce and child custody. Family law attorneys Kent Barker and Peter Webb are experts of civil litigation, and have found successful resolutions for countless cases dealing with family matters. With over 30 years each of litigation experience, the lawyers of Winer & Bennett combine knowledge of your legal options with the sensitivity necessary when dealing with family legal matters.

Family law is a particularly dynamic and demanding area of the practice of law. The dissolution of marriage, and the associated issues, often involve a wide range of financial, legal, and emotional questions. Winer & Bennett family law attorneys have decades of experience in navigating those rough waters for their clients. Reasonable effort is always made to minimize the costs, delay, and acrimony through voluntary settlement. However, when that is not an option, the seasoned trial skills of Winer & Bennett family lawyers are put to work to protect and advance the clients' interests before the Court.
Business
Winer and Bennett, LLP is a Nashua law firm specializing in business law.
Attorney Peter Bennett specializes in all matters of business law for businesses and corporations, locally in New Hampshire and throughout New England. The business attorneys at Winer & Bennett have over 30 years of experience assisting and advising companies in legal matters.

The expert attorneys at Winer & Bennett provide assistance and advice in connection with the formation of new business entities, including corporations, limited liability companies and partnerships. We also advise our clients with respect to employment matters, including employment contracts and employee manuals, contracting issues, licensing issues, and the resolution of disputes with customers, clients and other third parties. Winer and Bennett, LLP represents a number of companies involved in high-technology industry and has advised clients with respect to licensing agreements, distribution agreements, and OEM agreements.

In advising our client on business formation issues, we strive to work with other professionals to not only establish the entity, but to advise clients with respect to appropriate practices, procedures, and documents to minimize future problems and to encourage conflict resolution. However, once such problems arise, we are ready to address them in a prompt and effective manner.
Divorce
The Nashua law offices of Winer & Bennett specialize in family law practices.
Our lawyers have years of experience in all matters of family law, including divorce and child custody. Family law attorneys Kent Barker and Peter Webb are experts of civil litigation, and have found successful resolutions for countless cases dealing with family matters. With over 30 years each of litigation experience, the lawyers of Winer & Bennett combine knowledge of your legal options with the sensitivity necessary when dealing with family legal matters.

Family law is a particularly dynamic and demanding area of the practice of law. The dissolution of marriage, and the associated issues, often involve a wide range of financial, legal, and emotional questions. Winer & Bennett family law attorneys have decades of experience in navigating those rough waters for their clients. Reasonable effort is always made to minimize the costs, delay, and acrimony through voluntary settlement. However, when that is not an option, the seasoned trial skills of Winer & Bennett family lawyers are put to work to protect and advance the clients' interests before the Court.
Child Support
The Nashua law offices of Winer & Bennett specialize in family law practices.
Our lawyers have years of experience in all matters of family law, including divorce and child custody. Family law attorneys Kent Barker and Peter Webb are experts of civil litigation, and have found successful resolutions for countless cases dealing with family matters. With over 30 years each of litigation experience, the lawyers of Winer & Bennett combine knowledge of your legal options with the sensitivity necessary when dealing with family legal matters.

Family law is a particularly dynamic and demanding area of the practice of law. The dissolution of marriage, and the associated issues, often involve a wide range of financial, legal, and emotional questions. Winer & Bennett family law attorneys have decades of experience in navigating those rough waters for their clients. Reasonable effort is always made to minimize the costs, delay, and acrimony through voluntary settlement. However, when that is not an option, the seasoned trial skills of Winer & Bennett family lawyers are put to work to protect and advance the clients' interests before the Court.
Auto Accident
Nashua law firm Winer & Bennett specializes in personal injury law.
If you've been wrongfully injured, the responsible party has a legal duty to compensate you for what happened to you. The enforcement of that legal obligation helps make our streets, premises and products safer for everyone. Nevertheless, a personal injury claim is a complicated, risky and highly adversarial process. On one side is a liability insurance company with enormous resources. It is in their business interest to do whatever they can to minimize their financial exposure. On the other side is you. Your objective, as the law provides, is to be fairly compensated for what someone has caused you.

For decades, the lawyers at Winer and Bennett, LLP have been going toe to toe with insurance companies on behalf of injured clients. Personal injury attorneys Kent Barker and Peter Webb have over 65 years of combined experience representing clients throughout Nashua and New Hampshire. Their training and experience permits them to know what the rules are, what games are played, what works, what doesn't, and how to do it. With proper handling, most personal injury claims can be efficiently and fairly resolved for the client without the need for a lawsuit. Other cases will require litigation. A select few will have to go to trial. Recent jury verdicts in excess of $1,000,000.00 in cases tried by Winer and Bennett's personal injury lawyers have reminded the insurance companies who they are dealing with.

To enable you to protect your rights, it is usually an option for you to hire our personal injury attorneys on the basis that they are paid for the work only if and when they are successful.

Winer and Bennett, LLP's personal injury section, its experienced lawyers and staff, take pride in their reputation for having the resources, skills and determination to see to it that their injury clients receive the full compensation to which they are entitled.
Child Custody
The Nashua law offices of Winer & Bennett specialize in family law practices.
Our lawyers have years of experience in all matters of family law, including divorce and child custody. Family law attorneys Kent Barker and Peter Webb are experts of civil litigation, and have found successful resolutions for countless cases dealing with family matters. With over 30 years each of litigation experience, the lawyers of Winer & Bennett combine knowledge of your legal options with the sensitivity necessary when dealing with family legal matters.

Family law is a particularly dynamic and demanding area of the practice of law. The dissolution of marriage, and the associated issues, often involve a wide range of financial, legal, and emotional questions. Winer & Bennett family law attorneys have decades of experience in navigating those rough waters for their clients. Reasonable effort is always made to minimize the costs, delay, and acrimony through voluntary settlement. However, when that is not an option, the seasoned trial skills of Winer & Bennett family lawyers are put to work to protect and advance the clients' interests before the Court.
Criminal Defense
Winer and Bennett, LLP specializes in all matters of criminal law.
Our expert criminal defense attorney, Kent Barker, has practiced criminal law and defended clients accused of criminal offenses for over 30 years, and has a tremendous record of the best possible outcomes for his clients. As a criminal defense attorney at one of Nashua, New Hampshire's top law firms, Kent Barker aggressively pursues justice and fair practices in the best interest of his clients.

There are a few experiences in life as devastating as being charged with a criminal offense. The criminal justice system is daunting and complicated. The effects of a criminal conviction could have permanent consequences and even loss of liberty. The threat that a criminal charge brings to one's family is not to be underestimated. When faced with a crisis of this magnitude, it makes no sense to trust the future to anyone other than a skilled and experienced lawyer who is familiar with byways and hidden passages of the criminal system. At Winer and Bennett, we understand that a quick response to your inquiry is the key to gaining an advantage in the litigation. We are experienced in the field and work with clients in a professional and efficient manner.

The lawyers at Winer and Bennett, LLP have the skill, experience, and compassion necessary to present the very best defense available for each individual client. We investigate, analyze, and prepare each step of the criminal process to ensure the very best result. Whether it is the most complicated criminal case or a simple traffic matter, trust the lawyers at Winer and Bennett, LLP to get the best result possible.
DUI and DWI
Winer and Bennett, LLP specializes in all matters of criminal law.
Our expert criminal defense attorney, Kent Barker, has practiced criminal law and defended clients accused of criminal offenses for over 30 years, and has a tremendous record of the best possible outcomes for his clients. As a criminal defense attorney at one of Nashua, New Hampshire's top law firms, Kent Barker aggressively pursues justice and fair practices in the best interest of his clients.

There are a few experiences in life as devastating as being charged with a criminal offense. The criminal justice system is daunting and complicated. The effects of a criminal conviction could have permanent consequences and even loss of liberty. The threat that a criminal charge brings to one's family is not to be underestimated. When faced with a crisis of this magnitude, it makes no sense to trust the future to anyone other than a skilled and experienced lawyer who is familiar with byways and hidden passages of the criminal system. At Winer and Bennett, we understand that a quick response to your inquiry is the key to gaining an advantage in the litigation. We are experienced in the field and work with clients in a professional and efficient manner.

The lawyers at Winer and Bennett, LLP have the skill, experience, and compassion necessary to present the very best defense available for each individual client. We investigate, analyze, and prepare each step of the criminal process to ensure the very best result. Whether it is the most complicated criminal case or a simple traffic matter, trust the lawyers at Winer and Bennett, LLP to get the best result possible.
Environment
Winer and Bennett, LLP is one of New Hampshire's leading law firms for environmental law, and is dedicated to preserving the natural beauty of New Hampshire and the environmental health and safety of our communities.
Winer & Bennett environmental attorneys like Dave Pinsonneault work closely with clients to get results. He has nearly 35 years of experience serving individuals and businesses before the justice system, and he applies his experience to environmental law issues for Winer & Bennett.

The environmental laws that protect the health of our communities can at the same time pose significant legal issues for business and property owners. Sometimes it is in the best interest of the client to fight the enforcement of environmental laws. Sometimes it is best to know when and how to compromise or concede rather than fight governmental enforcement of such laws. Winer & Bennett has both the skill and experience to guide a client through the maze of federal and state environmental laws and enforcement actions. Our lawyers have been involved in most major enforcement actions in this state during the past 20 years. Our lawyers have also helped clients deal with lower level but equally serious matters such as leaking underground storage tanks and finding funds to clean up the soils that have been contaminated by such leaks.
Estate Planning
Everyone needs a plan for their family and their assets in the event of incapacity or death.
Who will care for your minor children if something happens to you? How can you minimize estate taxation and inefficient administration of your assets? How will your family care for you if you become incapacitated? Our estate planning attorneys will thoroughly examine your assets and the dynamics of your family. They will listen to your goals and recommend a thoughtful, comprehensive plan that will serve you and your family well.

The estate planning attorneys at the law offices of Winer and Bennett, LLP work closely with our clients, dealing with matters of estate planning with utmost care and professionalism. Attorney Brian Kelly is Winer & Bennett's expert estate planning attorney, having carefully developed plans for families that include personal, business, and retirement assests in the event of a family members passing. In his several years of experience, Brian Kelly has worked with hundreds of families in New Hampshire and Massachusetts.

Our estate planning attorneys draft revocable and irrevocable trusts that minimize or eliminate estate taxation, avoid probate administration and structure responsible distributions to minor children and other beneficiaries with special needs. We also prepare wills for you to appoint guardians for your minor children and health care directives which allow your spouse or other family members to make health care decisions for you, if necessary. Once your documents are finalized, our attorneys will make the connection between your plan and your assets so that no assets fall through the cracks in the event something happens to you.

Death or incapacity of a loved one is particularly difficult for family members charged with the responsibility of administering their loved one's assets. Our attorneys counsel fiduciaries on how best administer trusts and estates, paying close attention to tax issues and other reporting requirements under New Hampshire law.
Litigation
The law office of Winer and Bennett, LLP in Nashua, New Hampshire specializes in civil litigation, aggressively putting years of experience to work for our clients.
Civil litigation attorney David Pinsonneault has worked for over 30 years representing clients in a complete range of civil matters.

To borrow from Von Clausewitz, a famous Prussian soldier and military theorist, litigation is business negotiation by another means. Winer & Bennett never loses sight of this central point. We initiate and pursue litigation on behalf of our clients always with the business goals of our clients uppermost in our minds. Using creative pre trial strategies we strive to assure that we cost effectively move toward outcomes that serve our clients' interests. This may mean negotiation, mediation or arbitration. If events compel or client goals require trial to a jury and judge or an administrative body, Winer & Bennett's lawyers have decades of successful trial experience in federal and state courts throughout New Hampshire and the Northeast.

We have successfully represented clients in the litigation of a wide range of subject matters including: Disputes between businesses, Defending against claims made against corporations and individuals, Financial institution claims against debtors, Real estate disputes, Claims of environmental violations, Insurance coverage disputes, Non-competition agreements and trade secrets, Planning Board and Zoning Board appeals.
Probate
Everyone needs a plan for their family and their assets in the event of incapacity or death. Who will care for your minor children if something happens to you?
How can you minimize estate taxation and inefficient administration of your assets? How will your family care for you if you become incapacitated? Our estate planning attorneys will thoroughly examine your assets and the dynamics of your family. They will listen to your goals and recommend a thoughtful, comprehensive plan that will serve you and your family well.

The estate planning attorneys at the law offices of Winer and Bennett, LLP work closely with our clients, dealing with matters of estate planning with utmost care and professionalism. Attorney Brian Kelly is Winer & Bennett's expert estate planning attorney, having carefully developed plans for families that include personal, business, and retirement assests in the event of a family members passing. In his several years of experience, Brian Kelly has worked with hundreds of families in New Hampshire and Massachusetts.

Our estate planning attorneys draft revocable and irrevocable trusts that minimize or eliminate estate taxation, avoid probate administration and structure responsible distributions to minor children and other beneficiaries with special needs. We also prepare wills for you to appoint guardians for your minor children and health care directives which allow your spouse or other family members to make health care decisions for you, if necessary. Once your documents are finalized, our attorneys will make the connection between your plan and your assets so that no assets fall through the cracks in the event something happens to you.

Death or incapacity of a loved one is particularly difficult for family members charged with the responsibility of administering their loved one's assets. Our attorneys counsel fiduciaries on how best administer trusts and estates, paying close attention to tax issues and other reporting requirements under New Hampshire law.
Real Estate
Winer and Bennett, LLP is a Nashua law firm specializing in real estate law for both commercial and residential matters in New Hampshire.
Real estate attorney Brad Westgate has practiced real estate law and land use law for over 30 years. He has successfully represented countless builders, developers, landlords and tenants, lenders, and more; navigating the legal system to get his clients the results they need.

Since its inception in 1957, the law office of Winer & Bennett has maintained an active practice in commercial and residential real estate. We advise developers on issues including title matters, zoning and planning, property acquisition, and local and state approvals. Our real estate lawyers also represent financing institutions in commercial loan transactions, as well as individuals and businesses in negotiating the terms of commercial loans and in reviewing the related documentation. The law firm of Winer & Bennett real estate practice includes real estate tax abatement, zoning and land use issues, and the purchase and sale of residential property.
Wrongful Death
Nashua law firm Winer & Bennett specializes in personal injury law.
If you've been wrongfully injured, the responsible party has a legal duty to compensate you for what happened to you. The enforcement of that legal obligation helps make our streets, premises and products safer for everyone. Nevertheless, a personal injury claim is a complicated, risky and highly adversarial process. On one side is a liability insurance company with enormous resources. It is in their business interest to do whatever they can to minimize their financial exposure. On the other side is you. Your objective, as the law provides, is to be fairly compensated for what someone has caused you.

For decades, the lawyers at Winer and Bennett, LLP have been going toe to toe with insurance companies on behalf of injured clients. Personal injury attorneys Kent Barker and Peter Webb have over 65 years of combined experience representing clients throughout Nashua and New Hampshire. Their training and experience permits them to know what the rules are, what games are played, what works, what doesn't, and how to do it. With proper handling, most personal injury claims can be efficiently and fairly resolved for the client without the need for a lawsuit. Other cases will require litigation. A select few will have to go to trial. Recent jury verdicts in excess of $1,000,000.00 in cases tried by Winer and Bennett's personal injury lawyers have reminded the insurance companies who they are dealing with.

To enable you to protect your rights, it is usually an option for you to hire our personal injury attorneys on the basis that they are paid for the work only if and when they are successful.

Winer and Bennett, LLP's personal injury section, its experienced lawyers and staff, take pride in their reputation for having the resources, skills and determination to see to it that their injury clients receive the full compensation to which they are entitled.

David Pinsonneault

Dave Pinsonneault believes in fair fights and just results, principles that have guided his professional judgment for more than 30 years. Until a fair result is achieved, he does not rest.

Dave is chair of the law firm's Commercial Litigation Section. He is an advocate for clients in business, bankruptcy, probate and other civil disputes in state and federal courts as well as in arbitration proceedings. He has been given the highest peer review rating by Martindale Hubbell ("AV"). Dave's persistence, judgment and thoughtfulness have served his clients well:

-Dave negotiated a fair, financially sound and compassionate resolution to more than 30 sex abuse claims. Among other things, he achieved a degree of co-operation from his clients' insurers that larger institutions never approached.
-Dave concluded an agreement with the City of Nashua to take by eminent domain a manufacturing facility in the path of the proposed Broad Street Parkway years before the expected construction of that roadway. The early taking of this property was critical to the client's survival because the factory needed substantial renovations that could not be made while the Parkway project was pending.
-Dave successfully represented a national financial institution that provides floor plan financing for car dealers in a case where a dealer went out of trust and then went out of business owing the client hundreds of thousands of dollars plus lawyers' fees. The case involved not only proceedings to repossess the client's remaining collateral but also dealing with the N.H. Attorney General's office that acted on behalf of customers who did not get their cars and with a major financial institution that attempted to assert that the client's repossession of its collateral wrongfully caused the bank to suffer losses. The latter issue required an understanding of credit card industry processes and the Uniform Commercial Code as applied to that industry.
-Dave successfully represented a landowner in a claim against a manufacturer that dumped a substantial amount of hazardous waste on the client's property. In addition to making a financial recovery for the client, Dave negotiated a long term management plan with state environmental regulators.
-Dave made a recovery for a start-up company in a claim against its former counsel who failed to comply with state securities laws when creating a private stock offering for the client.
-Dave has represented regional and national financial institutions in Chapter 11 proceedings in the U.S. Bankruptcy Court. Among other things, he successfully negotiated appropriate plan provisions on behalf of a client with a $6 million claim.
-Dave and his partner, Peter Bennett, successfully represented senior management of a subsidiary to a publicly traded company in that management's buy-out of the subsidiary. This representation included securing several millions of dollars of startup funding from the seller.
-Dave has made recoveries against insurance agents and brokers for negligently providing services to their clients including failures to renew policies and failures to advise their clients of needed coverages.

Professional/Civic Activities
-New Hampshire Bar Association
-Nashua Bar Association (President, 1995)
-Trustee and Secretary, Nashua Public Library (1986 to present)
-Past Chairman, Nashua Catholic Regional School System

Bar Admissions
-New Hampshire (State and Federal Courts)
-1st Circuit Court of Appeals
-U.S. Court of Claims

Education
-J.D., University of New Hampshire Law School, formerly Franklin Pierce Law Center (1977)
-International licensing program, University of Strasbourg (1976)
-Nathan Burkan Memorial Competition prize in Copyright Law (1977)
-B.A., St. Anselm College (1973)
Education
  • University of New Hampshire Law School
    Juris Doctorate , 1973

Peter W. Bennett

Peter advises individuals and companies on a broad range of matters relating to the acquisition, formation, operation and sale of business enterprises. He has done so successfully for more than 30 years.

Peter advises clients with respect to the choice of entity, to the creation and implementation of appropriate company policies and procedures, employment matters, contracts and business disputes. He frequently represents clients in bank loan transactions and in the negotiation of commercial leases and business agreements.

Peter also represents medium-sized companies and small businesses involved in high-technology industries. Among other things, Peter successfully guided clients through a management buyout of a high technology subsidiary to a publicly traded company. He has considerable experience in negotiating and drafting technology licenses and distribution agreements.

Peter began the practice of law at the venerable Boston law firm of Ropes & Gray where his focus was estate planning. He continues to represent clients in areas of estate planning, including the creation of wills, irrevocable trusts, and probate administration. Peter was a member of the committee which established the Probate Court mediation system in New Hampshire. Not surprisingly, he has served as a Probate Court mediator on numerous occasions.

Peter's clients appreciate his role as a counselor of law. He uses his extensive legal expertise, common sense and direct style to efficiently resolve his clients' legal problems. Peter has been recognized by NH Business Magazine as a top corporate lawyer in New Hampshire and he has been given the highest peer review rating by Martindale Hubbell ("AV").

Professional/Civic Activities
-New Hampshire Bar Association
-Souhegan Valley Boys and Girls Club (Board of Directors)
-Beaver Brook Association (Past Trustee)
-Milford-Amherst Chamber of Commerce (Past President)

Bar Admissions
-New Hampshire (State and Federal Courts)
-Massachusetts (State and Federal Courts)

Education
-J.D., Northeastern University School of Law (1974)
-B.A., Trinity College (Hartford, CT) magna cum laude, Phi Beta Kappa (1971)
Education
  • Northeastern University School of Law
    Juris Doctorate , 1971

J. Bradford Westgate

Brad Westgate has practiced real estate and land use law for over 30 years. During this time he has represented builders, developers, individuals, corporations, non-profits, landlords, tenants and lenders.

It is common for Brad to take a project from beginning to end. He represents buyers to negotiate and execute purchase and sale agreements. He appears before land use boards to secure zoning, subdivision and site plan approvals. And, Brad processes closings while working with acquisition and construction lenders to bring projects to completion.

Brad has seen and experienced much during his years of practice. There have been at least two boom and bust cycles during that period. Regulatory processes have evolved. Brad's experiences provide him with unique insight into the minds of buyers, sellers, lenders and regulators all to his clients' great advantage.

Brad's veteran land development clients appreciate his creativity, diligence and, of most all, hours upon hours of toiling. His clients know that his efforts make their projects work. Brad also has earned unwavering professional respect from land use regulators because of his innovative and logically sound analysis of land use issues.

Brad has brought to life numerous projects, including residential communities, new commercial sites and the redevelopment of old. His projects include a major expansion of a hospital's main campus, the permitting of a substantial continuing care retirement community, the permitting and development of a facility for homeless veterans and the development of a non-profit's new athletic and community facility in a complex multi-party transaction.

Early on, Brad had the great fortune to be involved in a complex land use matter that involved a proposal to create a chemical recycling facility adjacent to a brewery and atop an aquifer. His work culminated in a successful appeal to the N.H. Supreme Court in the case of Applied Chemical Technology, Inc. v. Town of Merrimack, 126 N.H. 45 (1985).

He has received the highest peer rating by Martindale Hubbell ("AV") and continues to be named one of the Best Lawyers in America. He has been listed for a number of years as a leading individual in Chambers USA.

Despite spending countless hours for his clients, Brad has been generous with his time devoted to organizations assisting the homeless and single mothers. He takes particular delight in coaching kid's basketball.

Bar Admissions
-New Hampshire (State and Federal Courts)
-Massachusetts (State and Federal Courts)

Education
-J.D., Suffolk University Law School, cum laude (1978)
-L.L.M. in Taxation, Boston University School of Law (1983)
-B.A., Boston University, magna cum laude, (1975)
Education
  • Suffolk University Law School
    Juris Doctorate , 1978

Peter G. Webb

Peter Webb has been practicing law in New Hampshire since 1979. His work is limited to personal injury, workers' compensation and divorce. Peter has litigated such cases in all levels of the New Hampshire Court system.

His personal injury work involves car, motorcycle and truck crashes, as well as injuries from unsafe property conditions and from defective products and devices. Peter's reputation, experience, careful preparation and commitment his clients have yielded millions of dollars in recoveries in the past several years. In two recent jury trials, he received verdicts exceeding $1,000,000.00. On five occasions, his personal injury cases have gone to the New Hampshire Supreme Court: Swiezynski v. Civiello (1985), Baker v. Wilmot (1986), DiFruscia v. NH (1992), Palmer v. Nan King (2002), Ocasio v. FedEx (2010).

Peter has tried and resolved hundreds of workers' compensation cases on behalf of injured workers at the New Hampshire Department of Labor and Compensation Appeals Board levels. He has also testified on a number of occasions at the New Hampshire Legislature on proposed legislation involving the rights of injured workers.

For decades, Peter has brought the same skills and determination to bear in matters in which he is has counseled and advocated for clients involved in divorce. His family law work is characterized by a no-nonsense, cost-effective approach to the process, with an eye for fair voluntary settlement, but also with the seasoned skills, determination and attention to detail necessary for successful litigation.

Bar Admission
-New Hampshire Bar

Education
-B.A., Amherst College (cum laude) 1974
-J.D., University of New Hampshire School of Law 1979

Professional/Civic Activities
-New Hampshire and Nashua Bar Associations
-New Hampshire Association for Justice
-Brookline, New Hampshire Selectman, Planning Board, Melendy Pond Authority, School District and Town Moderator
-Brookline Historical Society
-Hollis-Brookline and Milford Rotary Cubs, past president
Freedom's Way Heritage Area Association, post chairman
Education
  • University of New Hampshire School of Law
    Juris Doctorate , 1979

Gary A. Braun

Gary primarily represents owners, managers and users of real property throughout New Hampshire. However, representation of condominium and homeowners' associations, manufactured housing interests and commercial landlords makes up a substantial fraction of his practice.

In addition, Gary has extensive general litigation experience. He has represented over a 22-year time span plaintiffs and defendants in environmental and commercial litigation, personal injury and worker's compensation claims, and in insurance defense matters. As a consequence, Gary has unique and invaluable experience that clearly provides an advantage to his current business clients.

Gary meticulously, but pragmatically, analyzes the various issues typically faced by both small and large groups of owners and users of condominium property. These skills serve Gary's clients well whether it is in his interpretation of a condominium bylaw, or in his exercising effective diplomacy on behalf of an association in handling the concerns of a disgruntled property owner, or in his guiding an association through a multi-million dollar capital improvement project. Gary's condominium services also includes the collection of past due debt owed by unit owners. He has also argued a number of appellate cases before the New Hampshire Supreme Court, including the seminal cases of

Technical Aid Corp. v. Allen, 134 N.H. 1, 134 N.H. 1

Del Norte, Inc. v. Provencher, 142 N.H. 535, 142 N.H. 535

Nordic Inn Condominium Owners' Assoc. v. Ventullo, 151 N.H. 571

Professional/Civic Activities
-Community Associates Institute (CAI) - New Hampshire Chapter: director 2004 present; President (2009)
-During the 2009-2010 New Hampshire Legislative session, Gary was instrumental in bringing about passage of a "super lien" law in New Hampshire, which will allow condominium associations to recover six months worth of regular assessments plus collection costs when a first mortgage lender forecloses on a unit.
-Gary continues to serve on the Legislative Action Committee of CAI, including in proceedings before the 2010-2011 New Hampshire legislature convened for purposes of investigating proposed, large-scale changes to New Hampshire's condominium laws.
-Member of Board of Directors, Big Brothers/Big Sisters of Greater Nashua, Inc. 1992-2005
-and 2-time President of organization (1995 and 2002)

Bar Admissions
-New Hampshire (State and Federal Courts)
-U.S. Bankruptcy Court for the District of New Hampshire

Education
-J.D., Boston University, 1988
-B.A., The Colorado College, 1982

Personal
Gary was raised in Littleton, New Hampshire, where he gained a love for hiking and the wilderness. Now a resident of Nashua, Gary and his wife, Nancy, spend many weekend afternoons hiking the White Mountains or traversing the trails of the Monadnock region. Mr. Braun's other hobbies include collecting antique model trains and kayaking.
Education
  • Boston University
    Juris Doctorate , 1982

John M. Edwards

John Edwards concentrates his practice in the area of commercial and environmental litigation and appellate practice with a special concentration in the areas of insurance coverage for policyholders. He has litigated or arbitrated a broad range of cases in the contract, product liability, property, school funding and environmental areas. In the insurance coverage area, Mr. Edwards has handled coverage disputes for policyholders in the context of first party property insurance as well as third party liability insurance claims. In the area of first party property insurance claims, Mr. Edwards has represented several policyholders in connection with tens of millions of dollars in industrial or commercial property and business interruption losses. In the area of liability insurance, Mr. Edwards has represented policyholders in coverage disputes arising under commercial general liability insurance policies, professional errors and omission policies, directors and officers liability insurance policies and various specialty lines liability insurance policies. In these matters, he has recovered very significant sums to cover the defense settlement and/or judgment costs incurred in underlying environmental, construction, product liability, professional negligence and securities claims. He has litigated cases before juries or judges in Delaware, Illinois, Massachusetts, New Hampshire, Rhode Island, New Jersey, Pennsylvania, Texas and Wisconsin. In his appellate practice, Mr. Edwards has argued appeals before the state supreme courts of Massachusetts, New Hampshire and Wisconsin as well as the United States Circuit Court of Appeals for the First and Seventh Circuits.

Important Trials:
Welch Foods v. Liberty Mutual Insurance Co.
Worcester Superior Court (Massachusetts 2008) (successfully obtained jury verdict that Liberty Mutual breached its duty to defend underlying anti-trust claims and in so doing, acted in bad faith)

Enterasys Networks v. Gulf Insurance Co. et al,
USDC NH (2006)(successfully obtained substantial insurance recoveries for underlying SEC and class action claims that arose from allegations of improper revenue recognition practices)

Waste Management, Inc. v. Stonewall Ins. Co., et al,
NJ Super Ct. (2004) (successfully obtained very substantial insurance recoveries arising from liability at superfund sites in Washington State)

Health Reinsurance Management, Inc. v. Cologne Life Underwriting Management Co. et al,
USDC Mass. (2002) (successfully obtained breach of contract jury verdict for plaintiff)

Waste Management, Inc. v. Liberty Mutual Ins. Co., et al,
NJ Super Ct. (1999) (successfully obtained very substantial insurance recoveries arising from liability at superfund sites in Massachusetts, New Jersey, Ohio and Pennsylvania)

Interex Corporation v. Atlantic Mutual Ins. Co.,
USDC Mass. (1997) (successfully obtained substantial insurance recoveries arising from liability at superfund sites in Massachusetts and New Hampshire)

Important Appeals
Nortek Inc. v. Liberty Mutual,
65 Mass. App. Ct. 764 (2006)

In re Feld's Case
2002 NH 178 (NH 2002)

Aviators for Safe and Fairer Regulation, Inc. v. FAA,
221 F2d 222 (1st Cir. 2000)

Opinion of Justices,
712 NH 892 (NH 1998)

St. Paul Fire and Marine Ins. Co. v. Warwick Dyeing Corp.,
26F.3d 1195 (1st Cir. 1994)

City of Edgerton v. General Casualty Co of Wisconsin,
184 W.S.2d 750 (Wisconsin S. Ct. 1994)

Polaroid Corp. v. Travelers Indemnity Co.,
414 Mass 747 (Mass. 1993)

Trustees of Tufts University v. Comm'l Union Ins. Co.,
415 Mass 844 (1993)

Professional/Civic Activities
-American Bar Association (Vice Chair, Property Insurance Committee)
-Boston Bar Association
-New Hampshire Bar Association

Bar Admissions
-Bar of Massachusetts
-Bar of New Hampshire

Education
-J.D., Loyola University of Chicago School of Law (1989) (Executive Editor, The Loyola University of Chicago Law Review)
-B.A., McGill University (1984)
Education
  • Loyola University of Chicago School of Law
    Juris Doctorate , 1989

Kent M. Barker

Kent Barker has been a trial lawyer in New Hampshire since 1985 concentrating in the areas of criminal defense, personal injury and family law. One of the most experienced litigators in the State; Mr. Barker has tried scores of cases before juries in both State and Federal Court. During 2010, Kent tried a negligent homicide case (State vs. Marissa Andrews) before a jury in Hillsborough County. The trial resulted in a not guilty verdict.

Mr. Barker believes that every person deserves fair and equal treatment within the judicial system. Kent assists his clients through what is often the most difficult times of their lives, compassionately and professionally steering them through the pain of bodily injury, the stress of divorce, and the fear of criminal prosecution.

He began his legal career as a prosecutor in New Hampshire's busiest Superior Court, trying criminal cases in rapid-fire succession against some of New Hampshire's best defense lawyers.

In 1988, Kent transferred his experience and energy to private practice, where personal injury, divorce, and criminal defense work dominated his busy trial schedule. Kent brought the skills of major crimes defense (negligent homicide, attempted murder) to those charged with lesser offenses, but also brought his fundamental understanding of people to the civil side of his practice. In addition to high profile criminal cases such as State v. Low, State v. Watson, and State v. Trombley, Kent has represented numerous injured clients in Superior Court, twice argued before the New Hampshire Supreme Court, and handled sensitive matters before the Immigration Court and the EEOC in Boston. He counts his representation of parties in family law cases among his most important successes.

Kent M. Barker is a graduate of the College of the Holy Cross and received his law degree from The University of New Hampshire School of Law, formerly Franklin Pierce Law Center, in 1985. He has served the Nashua community in varied roles, including as a board member and volunteer of United Way, Big Brothers and Sisters and as coach for the City of Nashua Recreational Sports Program in various sports. He is the 2010 recipient of the Ted Jordan Humanitarian Award given by the Nashua Bar Association.

Important Cases
State vs. Michael Guglieomo. Co-counsel with the Hillsborough County Attorney successfully prosecuting multiple counts of attempted murder;

State vs. Richard Low. Defended the "Deer Hunter" case in Carroll County, New Hampshire. Defendant served less than three months after conviction.

State vs. Andre Watson. Multiple counts of attempted murder. Charges reduced to first-degree assault.

State vs. Richard Trombley. Charged with first-degree murder. Charges dismissed after factual problems with the case were exposed at bail hearing.

State vs. Susan Bollen. Attempted murder charges dropped after defense witness testified at Grand Jury.

Daniel Odierno vs. Hopkinton Fair. Stunt show accident injured client when stunt car driver died from a heart attack during a stunt. Recovered full amount of policy available

In Re: Andrew S.. Represented juvenile in multiple felony counts. Released to foster family for adoption

State vs. Robert Stiriti. Defendant charged with negligent homicide. Charges dismissed in Rockingham Superior Court due to finding defendant's lack of competence after a contested hearing.

Eric Wolotschaj vs. T. S. Excavating. Settlement in excess of $600,000.00 on behalf of claimant who was injured in an auto accident.

State vs. Marissa Andrews. Defendant acquitted of negligent homicide by a jury in May, 2010.

Professional/Civic Activities
-New Hampshire Bar Association
-New Hampshire Association of Criminal Defense Lawyers
-New Hampshire Association of Trial Lawyers

Bar Admissions
-Bar of New Hampshire
-Bar of New Hampshire Federal District Court

Education
-JD /University of NH School of Law (formerly Franklin Pierce Law Center),1985
-BA/College of the Holy Cross, 1982
Education
  • University of NH School of Law
    Juris Doctorate , 1982

Brian C. Kelly

Brian Kelly practices in the areas of estate planning, probate administration, real estate, and condominium law. Mr. Kelly develops comprehensive estate plans designed to transfer clients' assets to family members during lifetime and at death in an efficient manner that minimizes taxation and administrative costs. He creates wills, revocable trusts and irrevocable trusts that provide a broad scope of benefits, including (i) reduction or elimination of estate taxes (ii) avoidance of probate administration, (iii) structured distributions of assets to minor children and beneficiaries with special needs, and (iv) removal of valuable assets from a client's taxable estate. Preparation of documents is only part of the estate planning process, however. With careful scrutiny, Mr. Kelly integrates personal, business and retirement assets into his clients' estate planning documents to provide flexibility and the least amount of burden, taxation and cost to family members following death. Mr. Kelly guides trustees, executors and other fiduciaries through the process of administering trust and probate estates and advises spouses and adult children on administering assets of incapacitated spouses and parents. With respect to real estate and condominium law, Mr. Kelly advises condominium and homeowner associations on effective management of their properties. He interprets governing instruments, drafts management contracts, and offers practical advice that always keeps the best interests of the community in mind. Mr. Kelly represents buyers, sellers and lenders in connection with both basic and complex residential and commercial real estate transactions. In this connection, Mr. Kelly drafts, reviews and interprets purchase and sale agreements, leases, easements, loan documents and develops solutions to complicated title issues.

Professional/Civic Activities
-Elder Law, Estate Planning & Probate Section of New Hampshire Bar Association
-Real Property Section of New Hampshire Bar Association
-Nashua Bar Association
-New Hampshire Estate Planning Council
-Trustee, The Huntington at Nashua continuing care retirement community
-Director, The Youth Council and NH Teen Institute

Bar Admissions
-New Hampshire
-Massachusetts

Education
-J.D., University of New Hampshire School of Law (formerly Franklin Pierce Law Center) 1997
-B.A., Saint Michael's College 1994
Education
  • University of New Hampshire School of Law
    Juris Doctorate , 1997
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