603.228.1109
rstein@steinlawpllc.com

Robert A. Stein

Bob is now accepting clients, including other lawyers and law firms, for private consultation on litigation issues.  Bob is also available for advocacy training and/or trial preparation for individuals, small and large firms.

Robert A. Stein

603.228.1109

Super Lawyers Robert Stein

Since his admission to the bar in 1971, Bob has been consistently winning cases on behalf of his clients at the trial and the appellate level.  His current practice concentrates on:

  • Civil litigation
  • Products liability litigation
  • Probate litigation
  • Litigation involving the distribution of large marital assets
  • Criminal defense
  • Appellate law

A nationally and internationally known trial advocacy teacher, Bob was recognized and became a Fellow of the International Society of Barristers (ISOB), and a Fellow of the American Board of Trial Advocates (ABOTA).  For more than two decades, he has been listed repeatedly and in multiple categories in Best Lawyers in America.  He has an AV Preeminent rating in the distinguished legal directory Martindale-Hubbell, and has been selected for inclusion in SuperLawyers in New England since 2007.  “Winning” means judgments in his clients’ favor, and, in some cases, means a cease-fire should negotiations result in a “win”, a large monetary settlement, or an appropriate resolution of a complex matter.   Bob has the knowledge, experience, and wisdom to fight the right fights, to advocate for his clients’ cause, and the judgment to know when to seek alternative resolutions.  For over 50 years, Bob’s practice has involved trying cases, large and small, complex or simple, multi-party or single party.

Bob is a Fellow of the International Society of Barristers (ISOB), a Fellow of the American Board of Trial Advocates (ABOTA), and a nationally and internationally-known trial advocacy instructor.  For more than two decades, he has been listed repeatedly and in multiple categories in Best Lawyers in America.   Bob has an AV® Preeminent rating in the distinguished legal directory Martindale-Hubbell®*, and has been regularly selected for inclusion in SuperLawyers in New England.

Bob has briefed and argued more than 35 appellate cases, inter alia:

  • Baker v. Dennis Brown, 121 NH 640 (1981).  Tortious interference with contractual relations where a realtor persuaded a third party to intervene in a contract and undercut the plaintiff’s rights to purchase a home. Bob persuaded the Supreme Court to adopt the tort of tortious interference with a contractual relation even though there was no “privity” between the parties.
  • Shafmaster v. Shafmaster, 138 NH 469 (1994).  Dismissal of the case was reversed on appeal when Bob proved to the Supreme Court of New Hampshire that fraud in affidavits could serve as grounds for setting aside a divorce settlement agreement.  The initial divorce was based on a financial affidavit which was later proved to be fraudulent and dishonest, and the case was opened, remanded, and the enhanced assets re-divided.
  • LeBlanc v. Honda, 145 NH 579 (1997). This case set the standard for appropriate comment by counsel on racial or ethnic origins. Bob’s representation of a major car manufacturer in this products liability case showed the New Hampshire Supreme Court that his client was deprived of a fair trial because of the inflammatory racial comments made by plaintiff’s counsel.  The judgment was reversed, a new standard set for appropriate comments, and the matter remanded for a new trial.            
  • State v. Surace, NH SCt, 3JX, 2007-0422 (May 20, 2008). The initial appeal in this case was by the State, appealing Bob’s victory in suppressing blood alcohol tests relative to a double negligent homicide matter in which the defendant struck a motorcycle with a driver and a passenger.  The Supreme Court affirmed the suppression of the blood alcohol. On remand, the State dismissed the felony charges and brought two misdemeanor charges on which the defendant was prosecuted, and the defendant took an appeal to the Supreme Court relative to improper conduct of the prosecution in its closing arguments. The Court reversed the conviction and remanded the case, State v. Surace, 162 NH 17 (2011).
  • Shelton, et al v. Tamposi, et al, Hillsborough County Probate Court #316-2007-E Q-2109; and 164 NH 490 (2012) This is a landmark and precedent setting case in which a probate judge applied, in what is believed to be the first time in the history of the United States, an in terrorem clause to divest a litigant who challenged her father’s well-crafted estate and trust. The Court went on to make a finding of bad faith against the plaintiff, removed the trustee, and awarded attorneys’ fees.
  • Orvis v. Leisure Life, 165 NH 324 (2013); and Gray v. Vermont Castings, Orvis, and Leisure Life, Rockingham County Superior Court #07-C-953.  This is a personal injury case involving a woman who suffered burns to 60% of her body from a defective wood stove and robe.  Half the case was settled with the stove manufacturer for a substantial sum of money, and the remainder tried to verdict.  There were also complicated appellate issues regarding assignments, which the Supreme Court resolved and set the new standard for indemnification and assignments.

Personal Information

Bob balances the practice of law with his other love, teaching trial advocacy.  In 1973, he attended the second session of the National Institute for Trial Advocacy (NITA), and has been teaching trial advocacy throughout the United States and abroad ever since. He has served as an adjunct professor of trial advocacy and/or lecturer at Franklin Pierce Law Center, Hofstra University, Harvard University, Widener University, Cardozo Law School, and Emory Law School. He served as a faculty member and team leader for NITA programs in New York, North Carolina, Colorado, California, Indiana, New Jersey, and New England.  He served as the original program director of the New England NITA Regional.  In Ireland and England, Bob leads seminars on achieving the rank of solicitor advocates for private law firms and law societies.

Bob graduated magna cum laude from Washington and Jefferson College in 1968 with a B.A. in English and minors in Philosophy and History.  At Washington and Jefferson, Bob was president of the student body. He won the John Livingston Lowes Award in English, and was elected to Phi Beta Kappa. He was also elected to the history, philosophy, and journalism honorary societies.  In 1971, after receiving his J.D. from the University of Michigan Law School, Bob joined the Philadelphia public defender’s office where he served at the trial, appellate and federal divisions.  In 1975, he moved to New Hampshire and became the Merrimack County Public Defender before entering private practice in 1978.

He was also on the Board of the International Society of Barristers Foundation, and served as its president. Bob is an active tennis player whose motto is “age and treachery will always overcome youth and skill.”  Unfortunately, Bob Stein has had an affinity for Quarter Horses and Saddlebreds, both of which he rides when time and conditions allow.

Bob can be reached by using the Contact Us form or by calling 603-228-1109. 

Having taught trial advocacy since 1975 at various venues, law schools, private firms, and for the National Institute for Trial Advocacy, Bob is now available for private coaching and mentoring.  Whether to help prepare for trial, refresh skills that have rusted, or to work with the trial team, Bob is uniquely situated to understand the dynamics of a courtroom presentation, and how to best “sell” a case.  Because he has been listed in Best Lawyers in America in multiple categories including civil litigation, products liability – plaintiffs, probate litigation, marital cases involving distribution of large assets, and criminal defense, he has a clear understanding of “what it takes” not just to win, but how to assist others who appear in matters like these, and in complex litigation.  Bob’s philosophy has always been “by your students you shall be taught”.  The successes of his mentees are every bit as important to him as his own personal successes in the courtroom.

Bob can be reached by using the Contact Us form or by calling 603-228-1109. 

Super Lawyers Robert Stein

Honors:

Professional Memberships:

  • Pennsylvania (1971)
  • U.S. District Court for the Eastern District of Pennsylvania (1971)
  • Third Circuit Court of Appeals (1974)
  • New Hampshire Supreme Court (1975)
  • U.S. District Court for New Hampshire (1977)
  • First Circuit Court of Appeals (1979)
  • U.S. Supreme Court (1986)
  • International Criminal Tribunal for the Former Yugoslavia (1998)

Publications:

  • “Tips from the Trenches,” American Bar Association Journal
  • “When the Boundary is Crossed:  A Protocol for Attorneys and Mental Health Professionals,” American Journal of Forensic Psychology; American Journal of Forensic Psychiatry; co-authored with Elliot L. Atkins, Ed.D.
  • “Drills Compendium,” National Institute for Trial Advocacy (NITA) (co-authored with Ben Rubinowitz, Esq.) (2006)

Presentations: 

  • Panelist, New Hampshire Bar Association:  “Can’t We All Just Get Along?” (2014)
  • Hofstra University, Trial Advocacy Course, Faculty (1984-Present)
  • National Institute for Trial Advocacy, Northeast Regional, Faculty (1984, 1985; Team Leader 1985-Present)
  • National Institute for Trial Advocacy, Master Advocates Program, Team Leader (1988-Present)
  • National Institute for Trial Advocacy, Mid-Central Program, Team Leader, Indiana University (March 2003-2013)
  • Presenter, United States District Court for the District of New Hampshire, Federal Practice Institute, Concord, New Hampshire:  “Electronic Evidence and Exhibits” (2012)
  • National Institute for Trial Advocacy, New York City Regional Program, Team Leader (March/April/May 2003-2009)
  • National Institute for Trial Advocacy, Law Society, Dublin, Republic of Ireland (2002, 2005), Belfast, Northern Ireland (2002 – 2009)
  • National Institute for Trial Advocacy, College of Law, London, England (2003)
  • Presenter, International Society of Barristers Annual Meeting, Nevis, West Indies:  “Life in the Bubble” (March 2002)
  • National Institute for Trial Advocacy, National Session, Boulder, Colorado,  Faculty (1993, 1994, 1998, 2000, 2001, 2012, 2013; Team Leader 1995, 2002)
  • Moderator, United States District Court for the District of New Hampshire, Federal Practice Institute (December 2000, December 2002)
  • Panelist, American Bar Association, Litigation Section Annual Meeting, “Mauet and the Master” (Phoenix, Arizona, May 2001)
  • National Institute for Trial Advocacy, Southeast Regional Team Leader (2000, 2002, 2003)
  • Emory University School of Law, Trial Advocacy Workshop (May, 1998)
  • Presenter, New Hampshire Psychological Association (1998)
  • National Institute for Trial Advocacy, Southeast Regional Session, Faculty (1995, 1998)
  • Harvard Trial Advocacy Workshop (January, 1997)
  • Presenter,  New Hampshire Public Defender Program, Deposition Seminar (May 1995)
  • National Institute for Trial Advocacy, Pacific Regional Session (Faculty, 1994)
  • Presenter, 20th International Congress on Law and Mental Health, “Patient-Therapist Boundary Violations: A Protocol for Attorneys and Mental Health Professionals” Presenter, American College of Forensic Psychiatry (1993)
  • Presenter, American College of Forensic Psychology (1993)
  • New Hampshire District and Municipal Court Judges Seminar, Lecturer, “DWI-Evidentiary Problems” (1984, 1990)
  • New Hampshire Continuing Legal Education Seminar, Lecturer, “DWI-The Offense and the Defense” (1984, 1989)
  • National Institute for Trial Advocacy, Mid-Atlantic Session, Faculty (March 1987)
  • New Hampshire Continuing Legal Education Seminar, Lecturer, “Criminal Practice” (1983)
  • Franklin Pierce Law Center, Concord, New Hampshire, Instructor, “Trial Advocacy” (1975, 1976)
  • University of Pennsylvania, Hill Hall Program Instructor, “Poverty and the Criminal Law – A Seminar” (1973, 1974)
  • Pennsylvania State Defender Conference, Carlisle, Pennsylvania, Lecturer, “Interstate Extradition” (1973, 1974)
  • National Institute for Trial Advocacy, Deposition Skills Programs
  • Widener University School of Law, Trial Advocacy Workshop
  • National Institute for Trial Advocacy, teacher training’s held at Notre Dame University, Harvard University, University of Toronto School of Law, and National Education Center