Alkalay & Smillie PLLC

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17 Years

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(603) 447-8994Visit WebsiteMap & Directions53 Technology LnConway, NH 03818 Write a Review

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TollFree: (800) 336-3795

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Smillie, Pamela Alkalay & Smillie P

Smillie Pamela L

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http://www.northconwaylawyers.com

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Phone: (603) 447-8994

Address: 53 Technology Ln, Conway, NH 03818

Website: http://www.northconwaylawyers.com

Alkalay & Smillie PLLC

Family Law

Divorce
Child Support
Uniform Interstate Family Support Act: A New Weapon in the Battle for Child Support, New York Law Journal, Mar. 26, 1998, at 1, reprinted in Pract. L. Inst. Tax L. and Est. Planning Handbook, 264 PLI/Est 121 (July 1998).
Adoption
Premarital Agreement
Recently, I received a call from a friend asking me to write up a prenuptial agreement for him and his fiancé. My initial question was why he thought that he needed one. He told me that he and his wife are no longer “young” and that they had both accumulated assets that they wanted to maintain separately. He indicated that his wife had started a business that she wanted kept separately from the marital assets. Additionally, he told me that he expected an inheritance that his family wanted to make sure went directly to him. He indicated that he and his fiancé were perfectly happy with one another but both agreed that a prenuptial agreement made sense for their particular relationship. While prenuptial agreements are not for everybody, they can provide valuable security and peace of mind to people under certain circumstances.
Guardianship
Attorney Smillie is a partner at Alkalay & Smillie PLLC and focuses her practice on business law, estate planning, probate and real estate. She is experienced in transactional law which includes but is not limited to buying and selling businesses, forming limited liability companies and advising business clients with respect to leases and contracts of all kinds; representation of clients regarding purchase, sale and refinancing of commercial and residential real estate, title issues and boundary disputes; and preparation of wills, trusts, powers of attorney for financial and health care as well as disclosures pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and guardianships.
Spousal Support
(2) What kind of debts cannot be discharged? Secured debts such as a home mortgage cannot be discharged. The bankruptcy code lists a number of other debts which cannot be discharged, including: taxes and tax liens, student loans, alimony and child support (domestic support obligations), debts obtained through fraud, and condominium or cooperative association fees or assessments, among others.

Criminal Law

Criminal Defense
Edward D. Alkalay is a co-founding member of Alkalay & Smillie, PLLC. His practice involves all civil litigation (including real estate, business and zoning and planning issues), employment law, personal injury law, and criminal defense.
DUI/DWI
The attorneys at Alkalay & Smillie thrive on positive results for our clients. Defending a DWI/DUI/OUI case (Driving Under The Influence of Drugs or Liquor) requires quick and forceful advocacy. With the penalties for such crimes increasing throughout New Hampshire and Maine, only an experienced and skilled attorney can combat the familiarity and knowledge of law enforcement officers and prosecutors.
Fraud
According to the bi-annual survey by the Association of Certified Fraud Examiners (ACFE), in 2008 businesses lost 7% of their revenue to fraud. Unfortunately, because of having fewer or weaker controls in place, small businesses (fewer than 100 employees) are less likely to discover problems than their larger counterparts; they suffer median losses of $200,000 compared with $116,000 for companies with 1,000 employees. The most common small business fraud schemes that small businesses fell victim to were check tampering and fraudulent billing. Strategies: Hire right and avoid employees that might give you trouble. Do careful background checks and restrict access to financial information. Find more tips about this at SCORE. Also, make it clear to your staff that you will pursue legal action, including a criminal complaint, for any employee theft or fraud.
Burglary
Theft
Misdemeanors
The attorneys at Alkalay & Smillie, PLLC have the experience and dedication to ensure that our clients' rights are protected and that each individual client receives the best possible outcome, whether accused of a serious felony or a minor violation. With invaluable experience as a former prosecutor and a former Department of Justice attorney, Attorney Alkalay provides aggressive, professional and effective representation in cases ranging from motor vehicle violations and misdemeanors to major felonies. Alkalay & Smillie, PLLC handles a wide range of criminal defense cases including but not limited to...
Drug Crimes
Assault

Business and Corporate Law

Corporate Law
Business Disputes
Contract disputes: You should have clear written agreements among co-owners (e.g., buy-sell agreements), and with vendors and suppliers, and often with customers. A contract does not have to be a lengthy with a bunch of “legalese.” But it should be clearly written so that all parties understand their obligations. Most contract disputes arise because either there is not written contract or one or both parties do not understand the contract because it is confusing or ambiguous as to the parties’ obligations.
Limited Liability Companies
Helping to select the proper business entity for every client's business including limited liability companies, corporations or partnerships
Trade Secrets
Intellectual Property
While intellectual property law can be a very complicated and specialized area, there is no need to hire a team of lawyers to obtain a copyright for your music or lyrics. It is a simple process and will provide you protection and peace of mind for your music. For more information about registering an original composition with the Office of Copyright, visit the U.S. Copyright Office at http://www.copyright.gov.

Employment Law

Wrongful Termination
If an event arises which warrants an employee’s termination, do not fire the employee immediately while tempers are still flaring. It is far better for an employer and more fair for the employee (and more likely to avoid costly litigation) to investigate the event. You may even have to suspend an employee, with or without pay, while the investigation takes place. However, making a decision after a thorough investigation will be well worth the time and effort. It may resolve the issue entirely. At worst, it will provide a strong record and foundation for defending against a wrongful termination action.
Employment Litigation
The best way to handle employment disputes is to avoid them altogether. Putting practices in place to avoid such disputes will lessen employers stress, avoid disputes, and, most importantly, allow an employer to operate profitably.
Sexual Harassment
Employees can and often do bring claims against an employer for a variety of grievances, including sexual harassment, discrimination (based on age, gender, race, or national origin), and wrongful termination. Strategies: Make company policy very clear to staff. For example, communicate that sexual harassment won\'t be tolerated and provide procedures for lodging complaints and investigating complaints; then follow up on all complaints in accordance with your procedures. Include the company policy in your employee manual and have each employee sign a statement that he or she has read the manual. Also, consider carrying employment practices liability (EPL) coverage as protection in case actions can\'t be avoided. Having coverage means the insurance company\'s attorney will defend you against covered claims by employees or former employees (you are, of course, free to use your own attorney) and will pay claims to the limit of your coverage.

Property Law

Real Estate Litigation
Prior to co-founding Alkalay & Smillie, PLLC, Pamela L. Smillie spent over 15 years in private practice as an attorney for firms in Manchester and Conway, focusing on corporate law, real estate law, and estate planning and probate.
Construction Litigation
Attorney Alkalay is available as a mediator to help you resolve your disputes and court cases professionally and confidentially. During mediation, Attorney Alkalay does not represent either party, but seeks to help resolve the dispute quickly and inexpensively so that both parties are satisfied with the outcome and can avoid the high costs of litigation. Whether your dispute involves personal injury, construction law, breach of contract, employer-employee conflicts, corporations, partnerships, real estate and land use, consumer law, landlord-tenant, defamation, civil rights, or any other matter, Attorney Alkalay is a mediator with substantial experience resolving disputes. Because he has nearly twenty years experience representing both plaintiffs and defendants in a wide variety of matters, he is able to understand the concerns of individuals on both sides of the table
Real Estate Transactions
At Alkalay & Smillie, PLLC, our attorneys can assist you with all of your real estate needs. Our attorneys provide full service representation for individuals and businesses in the purchase, sale, development and management of residential or commercial real estate in New Hampshire and Maine. Specific services include...
Eminent Domain
Land Use and Zoning
The attorneys at Alkalay & Smillie recognize the important and evolving nature of land use issues. Whether these issues involve approvals before local boards, state issues, individual landowner issues, or complex developments, we have successfully advised, negotiated and litigated many such cases.
Landlord-Tenant Disputes

Health Law

Personal Injury
All of us trip or slip and fall down at some point. Some of us more than others. Whether it is a child’s toy left where it should not be, a wet spot on the floor, or a hole in the ground, we all know that feeling of falling and landing on the ground. Hopefully after a fall, you can simply brush yourself off and move on. However, some falls are caused by someone else’s carelessness or negligence and result in injuries that require medical attention. When this happens, you should consider contacting an attorney. As with most personal injury cases, you do not have to pay an attorney for representation unless you are successful and there is a monetary recovery. So there is no downside to meeting with an attorney to discuss your case.
Slip and Fall Injury
Personal injury claims can involve injuries resulting from automobile accidents, slip and fall injuries, children's injuries, defective products, and injuries resulting from a professional error such as medical negligence. Our representation of clients for personal injury claims typically involves recovering funds to pay for suffering and mental anguish, medical bills and expenses, lost earnings, pain, permanent disability and emotional or psychological injuries.

Trusts and Estates

Estate Planning
Alkalay & Smillie PLLC has substantial experience in the probate and estate planning area. Our attorneys provide a wide range of planning services including but not limited to...
Wills
The safest route to estate planning is to talk to an attorney. However, even if you cannot afford an attorney, you should still engage in estate planning. There are many viable (and free) options available to pursue estate planning. A research trip to the library or a book store may help you get started. There are many good books involving the drafting of wills and estate planning documents. Additionally, these days there are many valuable resources online to help individuals who cannot otherwise afford to pay for legal services. One word of caution – different states have different laws. Consequently, if you use a book or online resource, be sure that it takes into consideration New Hampshire laws.
Trusts
Power of Attorney
Most people will need fairly standard documents -- a will, a power of attorney, a living will, and a health care power of attorney. (Of course, if you have a large estate, more involved planning may be necessary.) A simple will functions to give your property, including money, land, and personal items, to those that you wish to have them. A power of attorney generally will grant the authority to another to make financial decisions for you in the event that you are incapacitated and unable to make them for yourself or if you simply want someone to be able to act for you with respect to any financial matters. A health care power of attorney enables you to appoint another to make health care decisions for you if you are incapacitated and unable to do so. Finally, a living will allows you to determine in advance how you will be treated by your health care providers under specific circumstances. The critical issue with all of these documents is that they allow you to have control now over how certain future decisions are made or who makes certain decisions for you.
Probate

Finance Law

Bankruptcy
Over the past two years, I have written several articles about bankruptcy law and the bankruptcy process. Many people continue to ask me questions about their own particular situation and new questions are raised at least once a week. Everyone who may be considering bankruptcy has a different situation with different considerations. For some people, it makes sense to file for bankruptcy immediately. For others it makes more sense to wait several months or longer. For others, there are options short of bankruptcy or bankruptcy simply does not make sense for them. This article will address the most common personal and small business Chapter 7 bankruptcy questions.
Foreclosure
Many people that I have talked to are struggling to make their mortgage payments, and are very concerned about the possibility of foreclosure. Fortunately, there is a government program entitled the “Home Affordable Modification Program (HAMP)” that was enacted by the Obama administration and Congress that addresses this very concern. If you can no longer afford to make your current monthly mortgage payments, you may qualify for a loan modification to make your monthly payments more affordable. Homeowners who are current with their mortgage payments, but having difficulty making their payments, as well as homeowners who have already missed one or more payments may be eligible for the government’s loan modification program. Moreover, you may utilize this program even if your home is already scheduled for a foreclosure sale or you have filed for bankruptcy.
Tax Law
(6) Tax issues: There are numerous tax credits, deductions and/or exemptions that you may be eligible for when you have a child. You should speak to an accountant or research yourself which tax breaks fit your particular situation.
Debt Collection
To help ensure the highest level of client representation and proper resolution of their debt collection claims, our attorneys work directly with our clients to make common sense decisions about the best way to pursue a debtor.

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