Bail Revisited… Again

Note: Attorney Davis originally wrote this post as a contributor for SCOV Law. Here we are in the depths of bail troubles again. We’ve probably had more segments on bail than there are Harry Potter movies. We’ll call this one: Bail Problems & The Order of the SCOV. In this case, trial court denies bail […]

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My Statutory Prerogative

My Statutory Prerogative

Note: this blog was originally written and posted for SCOV Law. Demarest v. Underhill, 2016 VT 10 This case focuses on who gets the responsibility of maintaining an old, rough road in Underhill, Vermont: the Town that has historically maintained it, or the road’s neighbors. This road, known as Town Highway 26 (TH 26) has […]

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Defending against a Relief from Abuse Complaint or Domestic Violence Petition

Author’s Note:  Our firm represents both plaintiffs and defendants in New Hampshire and Vermont  in relief from abuse complaints (as they are called in Vermont) and domestic violence petitions (as they are called in New Hampshire).  This article deals with defense of such cases, in part because there are many sources of information for plaintiffs in both […]

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The Public Service Board, Industrial Wind Turbines, and the question of beauty

Vermont’s signature environmental law, Act 250, in place now for over 40 years, has protected Vermont’s environment through a process that requires developers to demonstrate that that they meet certain statutory criteria before they can begin their projects. Unfortunately, Act 250 does not apply to some of the largest developments Vermont has encountered in recent […]

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Finding hidden sources of a spouse’s income in a divorce

Obtaining an appropriate  award of spousal maintenance (alimony) or child support depends in large part on obtaining accurate information about your spouse’s income. Many people believe that their spouses are hiding income. There are ways to determine income, or to make an educated guess about income that the court will consider in determining alimony or […]

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Opinion: Unrepresented (pro se) parties in court should not have special treatment

A man  filed for divorce a year after he separated from his wife.  He was represented by an attorney at various times during the divorce, but at the final hearing, held two years after he filed, he was unrepresented.  The parties had been notified of the final hearing many weeks earlier.    The wife, who had an attorney, had […]

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Relationship with opposing attorneys—should it be adversarial or cooperative?

Author’s note: Litigation sometimes results in difficult relationships between attorneys.  This article is a reminder to myself as  much as it is a message to other attorneys and litigants.  Clients involved in litigation want to be sure that their attorneys are representing their best interests and have no conflicting loyalties. Thus clients are understandably uneasy […]

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