news

The Portland Press Herald reports on the latest in the fallout from former Verrill Dana attorney John Duncan’s massive theft from the firm’s clients.  The state bar ethics board is trying to find out more about what and when the firm knew about Duncan’s actions, but the firm is claiming attorney-client privilege.

Libby eventually reached an agreement with Verrill Dana regarding his resignation. He pledged not to disclose the information he had gathered unless a court ordered him to do so. That’s exactly what Davis seeks. He issued a subpoena to Libby on Sept. 8, 2008. Davis wants Libby’s testimony and all of the documents. Verrill Dana filed a motion to quash the subpoena. The dispute went to Justice Warren Silver of the Maine Supreme Judicial Court. Silver reviewed the documents in his chambers, and he denied Verrill Dana’s motion.  Silver ruled that no attorney-client privilege existed because Libby “may have uncovered criminal conduct by partners of Verrill Dana.

“Under federal and state law, communications between clients and lawyers are no longer protected if the purpose of the communications was to aid in the commission of a fraud or a crime, or to actively conceal past wrongdoing. Justice Silver ordered Libby to turn over the documents to Davis. But Verrill Dana appealed to the full state Supreme Court.

In the Oct. 27 decision, the majority of the justices felt that Silver did not include enough information in his order to support the disclosure of the documents. Justices Robert Clifford, Jon Levy, Andrew Mead and Ellen Gorman sent the case back to Silver for clarification. They essentially asked Silver to review the law again and to make sure that the documents obtained by Libby are exempt from attorney-client privilege. It is not known whether Silver has issued a second order, which will likely have a major impact on the course of Davis’ inquiry.

For most people on a day to day basis, there is no duty of care owed to other people. Some people do have a duty, such as doctors who have a duty to their patients, or landlords who have a duty to their tenants. In a recent case, the Maine Supreme Court weighed if people owe a duty to others if action could prevent further harm.* So while you may be considered a hero if you save someones life who is in danger, you do not have a legal obligation (unless you put that person in the danger).

Steven Cilley, 54, of Princeton, sued Jennifer Lane, of Princeton, over the death of Cilley’s son. Joshua Cilley died on Jan. 31, 2005, at age 27 in the Calais Regional Hospital emergency room of a gunshot wound to the abdomen from a .22-caliber bullet. He was shot while in Lane’s trailer, according to court documents.

Lane, described as the younger man’s on-again, off-again lover, allegedly sat with him for at least 15 minutes after he was shot before attempting to seek medical assistance. Steven Cilley said earlier this year that the doctor who treated his injured son told him Joshua Cilley could have been saved if he had arrived at the hospital five minutes earlier.
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“Because Cilley was a trespasser at the time of the incident, Lane’s only duty to him was to refrain from wanton, willful, or reckless behavior,” Justice Ellen Gorman wrote for the court. “Lane’s failure to contact emergency assistance for Cilley immediately after she heard the pop [of the gunshot] does not rise to the level of wanton, willful, or reckless behavior because Lane did not create the danger to Cilley, nor commit any act that led to his initial injury.”

via Bangor Daily News.

* I have not read the full case so I don’t know how the issue was exactly presented to the court.

Updated: The case indicates: The Estate contends that Lane owed Cilley a duty of care because he was a social guest in her home, and in the alternative has asked us to recognize a new common law duty: the affirmative duty to seek emergency assistance through reasonable means.

The maximum amount of a claim that can be brought to the Small Claims court is now $6000, up from $4500.

Title 14, §7482: Definition of a small claim:

Notwithstanding the total amount of a debt or contract, a “small claim” means a right of action cognizable by a court if the debt or damage does not exceed $6,000 exclusive of interest and costs. It does not include an action involving the title to real estate.

See here for more on Small Claims in Maine.

Portland Press Herald.:

Telecommunications services provider FairPoint Communications Inc. said Monday it has filed for Chapter 11 bankruptcy protection after agreeing on a deal with key lenders that will help lower its debt by $1.7 billion.

Charlotte, N.C. Fairpoint said the restructuring plan with lenders holding more than half of its outstanding secured debt is subject to bankruptcy court approval.The company said it expects to continue operating as normal while awaiting that approval.

Last week, the governors of Maine, New Hampshire and Vermont said they want assurances from FairPoint that any debt restructuring by the company won’t further erode customer service. FairPoint owns and operates phone companies in 18 states with a total of 1.65 million lines, but its largest holdings are in Maine, New Hampshire and Vermont.

The company, which bought Verizon’s land lines and Internet services for $2.3 billion in 2008, has been plagued with customer service and operational problems in those regions.

I will let Philip Schooner of Biddeford make the case.
[youtube=http://www.youtube.com/watch?v=GrEbJBFWIPk&hl=en&fs=1&]

I have posted a list of the legal services I offer at a flat rate instead of the usual hourly billing. This allows clients to take as much time as they need to ask questions and to discuss important issues without worrying about the clock. It also allows for the budgeting of these services which some people may skip if they think it will cost them too much.

Go to my rates page.

The list is not exhaustive of the work I will do at a flat rate, but can give a sense for what other services may cost. Feel free to contact me at ertlaw@gmail.com to discuss help you may need.

Seth Carey, who was suspended earlier in the year for another matter, was again sanctioned for conduct unbecoming a member of the bar.

The latest complaint lodged against Carey came from a woman who alleged he physically abused her German shepherd puppy at her home during an October visit last year. She said he was expressing his anger toward a prosecutor for the board who had been handling complaints brought by Maine lawyers and judges. Carey later refused to leave the woman’s home after being asked to. She described his behavior as “unhinged” and said she was wary about being in his presence.

via Sun Journal.

KITTERY — A New Hampshire teenager has been cited under Maine’s new distracted-driving law after allegedly crashing her car into a utility pole while texting on her cell phone.

Kittery police Sgt. Charles Denault told the Portsmouth Herald that 19-year-old Jessica Jones admitted that she was texting when she crashed into the pole on Leach Road at about 1:30 p.m. Sunday, knocking out power to the neighborhood for the remainder of the afternoon.
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via Portland Press Herald.

The state’s six nonprofit legal aid providers are struggling to meet the needs of Maine’s poor and elderly, as the demand for legal services continues to rise and funding for the agencies drops.

Over a two-month period this spring, the six agencies received about 6,400 requests for legal help, ranging from assistance in foreclosure proceedings to help with child custody cases.

They were able to fully meet the needs in only 1,500 of those cases – fewer than one in four. The other 4,900 received either limited help or no help at all, according to figures released Thursday.

“Having it in black and white confronts you with the reality that the folks who come to us for help already know,” said Nan Heald, executive director of Pine Tree Legal Assistance, Maine’s largest legal aid provider.

via Portland Press Herald.