Andrea L. Daly
Associate
Andrea, an attorney in the Portsmouth office, is a member of the firm's litigation department. Her practice focuses on representation of a range of individuals and entities in probate actions, including guardianship proceedings, will challenges, and fiduciary duty matters. She has an expertise in mental health matters, and has successfully defended numerous physicians, psychotherapists and licensed social workers who are the subject of complaints filed with licensing boards. Andrea's mental health work includes civil lawsuits and risk management of licensed practitioners throughout the state. She also has experience in a variety of personal injury and commercial litigation matters.
Department
Litigation
Areas of Practice
- Professional licensing matters
- Risk management for mental health professionals
- Guardianship proceedings
- Durable power of attorney abuses
- Fiduciary duty challenges
- Mental health law
Representative Clients & Work
Probate Litigation - representative engagements include:
- Representing individuals facing inter-family struggles over abuse of durable powers of attorney, constructive trusts, conservatorships, guardianships, and other estate matters
- Actions against executors of estates for breaches of fiduciary duties
- Representing hospitals in petitions for guardianship of incapacitated persons
- Removal of executors
- Pursuit of and objection to Petitions for Estate Administration
Mental Health and Administrative Litigation - representative engagements include:
- Representing multiple physicians, social workers, psychotherapists and other practitioners before state licensing boards
- Representing patients who have brought claims against individual practitioners and organizations
- Advising practitioners in risk management practice
Personal Injury - representative engagements include:
- Representing multiple plaintiffs in medical malpractice action
- Representation of family in wrongful death action
- Numerous slip and falls
Commercial Litigation - representative engagements include:
- Defense of large corporation in substantial MTBE litigation
- Litigation related to valuation of company
- Defense of law firm in misrepresentation action
Admissions
- New Hampshire
- United States District Court, District of New Hampshire
- United States Court of Appeals for the First Circuit
Professional & Association Memberships
New Hampshire Bar Association, American Bar Association, New Hampshire Women's Bar Association, Charles C. Doe Inns of Court
Recognition
- Editor, Vermont Law Review, 1996-1997
- Recipient, Vermont Law School Alumni Association Award for Contribution to the School, 1997
Education
- J.D., Vermont Law School, magna cum laude, 1997
- B.S., Boston University, cum laude, 1991
Community Involvement
- Member, Board of Directors, National Alliance on Mental Illness - NH, 2005 - present
- Member, Board of Governors, The Warner House Association, 2001 - 2007
- Member, Board of Directors, Pro Portsmouth, Inc., 2004 - present
- Board of Directors, Vermont Law School Alumni Association, 1997 - 2003
- Board of Trustees, Vermont Law School, 1995 - 1997
Recent lectures include:
- "Legal Issues in Behavioral Health", sponsored by Medical Education Services (Sept. 7, 2007)
- "Managing Legal and Ethical Risks - Minors and Parents," sponsored by Hampstead Hospital (April 28, 2006)
- "Treating Children Caught in Family Conflict: Legal and Ethical Risk Management," sponsored by the New England Pastoral Institute (October 15, 2004 and March 8, 2005)
- "Balancing the Rights of Minors, Parents and the Provider," sponsored by Medical Education Services (September 16, 2003)
- "Minimizing Ethical and Legal Risk Throughout the Psychotherapeutic Relationship: From Informed Consent to Termination," sponsored by The New Hampshire Clinical Social Work Federation (March 22, 2002)
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