What a man does for others, not what they do for him, gives him immortality’ – Daniel Webster
Webster’s advice is what Tom lives by.
Thomas T. Barry
Tom Barry is a New Hampshire native who helps people whose lives are turned upside down by traumatic events such as workplace injuries, being injured in a car crash, falling on property, being injured by the use of products, or being fired from a job.
While attending law school, Tom worked on the Washington, D.C. staff of U.S. Senator Norris Cotton of New Hampshire. Senator Cotton had a long tradition of employing law students on his staff because that is how Senator Cotton himself was able to afford to attend law school while he was on the staff of U.S. Senator Moses of New Hampshire.
Following graduation from law school, Tom worked on the staff of the Supreme Court of New Hampshire before entering the private practice of law. While at the Supreme Court, he served on the Supreme Court Task Force on Permanency Planning, the Supreme Court Committee on Alternative Dispute Resolution Programs, the Supreme Court Committee on Pattern Civil Jury Instructions, and the Supreme Court Committee on Judicial Performance Evaluation. Tom well- remembered the advice of a family friend and lawyer who devoted his life to public service, but regretted never having engaged in private practice.
Hence, still with a goal of public service in mind, Tom entered the practice of law. Upon entering private practice, Tom appeared on behalf of clients in all courts in the state, as well as many administrative agencies. Tom was nominated by Governor Stephen E. Merrill to a part-time seat on the New Hampshire Circuit Court, where he served for 21 years. During his service as a Circuit Court judge, Tom presided over criminal arraignments and probable cause hearings, criminal, civil, and domestic violence trials, and juvenile hearings.
Tom has participated for many years in training volunteer attorneys to represent low income clients of crisis centers statewide who are the victims of domestic violence.
Tom was born and raised in Manchester, New Hampshire. The son of social worker parents, Tom is a graduate of Manchester Memorial High School. Following graduation from Saint Anselm College and Antonin Scalia Law School of George Mason University, Tom was admitted to the Virginia and the New Hampshire Bars. Tom and his wife, Margaret, a retired New Hampshire school teacher, have two daughters, one who is an assistant United States Attorney, and one who is working on her Ph.D. dissertation in social work and public policy.
In addition to the Virginia and New Hampshire Bar Associations, Tom is a Fellow of the New Hampshire Bar Foundation, New Hampshire Association for Justice, American Association for Justice, American Bar Association, Past President of the Merrimack County Bar Association, Past President and Master Member of the Daniel Webster Batchelder American Inns of Court, New Hampshire Bar Association Committee on Cooperation with the Courts, and New Hampshire Council of School Attorneys
Tom’s principal practice areas include: personal injury, worker’s compensation, products liability, insurance law, and employment issues. He also advises school districts.
Tom is admitted to the Bar in Virginia, New Hampshire, the United States District Court for the District of New Hampshire, and the United States Court of Appeals for the Fourth Circuit.
Tom is a co-author of the 1979 New Hampshire Revised Statute Annotated 169-C, The Child Protection Act; the New Hampshire Juvenile Justice Code of 1979: An Overview, 21 N.H. B.J.45(1980); co-author and editor of The New Hampshire District and Municipal Court Benchbook; and co-author, New Hampshire Civil Jury Instructions, Equity Publishing Company, (1989).
Representative Appellate Cases
Prime Financial Group, Inc. v. Masters, 141 N.H. 33 (1996): Represented the defendant lessee and guarantor of a commercial equipment lease agreement for breach of contract in a jury trial and verdict for the defendant, which was appealed to the New Hampshire Supreme Court. The Supreme Court upheld the jury’s finding for the defendant, holding that obligations under a contract or terms of a contract can be changed by either an express or implied mutual agreement between the parties.
Appeal of Westmoreland School Board, 132 N.H. 103 (1989): Represented the School Board in an appeal from the decision of the Public Employee Relations Board to the New Hampshire Supreme Court. The Supreme Court reversed the Public Employee Relations Board holding that the School Board’s decision not to retain or re-nominate a probationary, non-tenured teacher was not arbitrable under the Collective Bargaining Agreement between the School Board and the Teachers’ Association.