FIRM PROFILE

We are?a general practice of law with concentrations in the areas of Family Law, Criminal Law and Elder Law.? We also represent clients in a wide variety of litigation, including probate matters, collections, construction disputes, landlord/tenant problems and tort claims.? In addition, we handle a variety of non-litigation matters, such as real estate transactions, zoning and land-use, and school issues, including disciplinary proceedings.

We have been located at?56 Maine Street in Brunswick since 1993.? Sharon Greene serves as paralegal assistant, receptionist/secretary and anchor-to-windward, and?Rylie P. Dog (a yellow-eyed razorback) is in charge of office security.?

THE FAMILY LAW CASE MANAGEMENT SYSTEM (and why you still need a lawyer) In July of 1997 Maine instituted a new system in the District Courts for handling any private case potentially involving child support. The system is designed to be of benefit for people without attorneys, and is also meant to keep family law cases on track and progressing towards a conclusion. The "new system" is not used in divorces where there are no children, with the surprising consequence that unrepresented parties without children may find the divorce process more confusing than similarly situated litigants who do have children.

The most significant aspect of the?Family Law Case Management?system is that family law litigants will meet with a Case Management Officer (and with their attorneys, if attorneys are involved) in the courtroom within a few weeks after the case is filed. This Case Management Conference is automatically scheduled by the Court without the necessity of a request for a hearing. After a general introduction of the proceedings to the litigants, and after having received an overview of the case, the presiding Case Management Officer ( CMO ) will enter an Order incorporating all of the agreements which the parties are able to reach at that time. In exigent circumstances, the CMO may decide to hear testimony and then enter interim Orders on contested issues (such as child support and parental contact). The object of this initial Case Management Conference is to stabilize the situation and make sure that both parties' rights are respected during the rest of the proceedings. You should leave the Case Management Conference with your next court date in hand, and a detailed Case Management Order regarding how the case is to proceed. You may, following your initial Case Management Conference, elect to have a Judge (as opposed to a CMO) handle the rest of the proceedings, and there are some issues which only a Judge (and not a CMO) may decide.

If you have a complex case (or a difficult ex-partner) you may have to return to Court several times before you can reach an agreement on all issues and/or have any contested issues decided by a Judge or CMO. If you reach an impasse to settlement, you will probably be required to attend mediation before the Court will agree to hear the contested issues and decide the case. (see "Mediation/Arbitration).

You should still have an attorney if your case involves child custody issues or alimony, or disputes over business interests, real estate, pension or retirement benefits, or abuse. While this is not meant to be an exhaustive list and there may be many other "red flags" to indicate that you need a lawyer, it would be an unusual couple who could successfully negotiate the family law system without an attorney if any of these issues were involved.

It must be remembered that the process is inherently adversarial and complicated, and that there is no substitute for experience. If both parties have good attorneys they should be able to find and implement solutions which are acceptable for all concerned. Only an experienced attorney is going to be able to help you to analyze how the different aspects of your case impact upon each other, and what your choices may be.

MEDIATION/ARBITRATION (and why you still need a lawyer) There are many so-called "alternate dispute resolution" mechanisms available in Maine. Mediation with a court mediator is required in any family law matter before the case may go to trial. That is, if the parties do not agree on all issues, they have to attend mediation in an attempt to resolve their dispute. In general, the requirement of mediation is helpful, because it forces the parties to actually talk to each other.

The difference between mediation and arbitration is that, in mediation, the neutral third party (mediator) has no power to impose a decision on the parties.

Arbitration is where the parties agree to let a privately hired third party actually decide their case. The perceived advantage of private arbitration over the Court system is that it can be more informal, speedy, and possibly less expensive. While the parties may agree to attend arbitration after any dispute arises, arbitration is often required by a prior contract between the parties (construction and employment contracts are typical examples).

There are many private mediators (as opposed to the Court mediators) and many persons offering arbitration services in the state of Maine. These alternate dispute resolution mechanisms can work well where the parties still have some measure of trust and respect for each other, but it is almost always advisable for each party to have an attorney.

Even though you may not want to have your attorneys present at the actual mediation or arbitration sessions (so as to avoid bluster, confrontation and defensiveness, stonewalling or "digging in of the heels") each party should have reviewed the case with an attorney of their own choosing so that they are aware of all of their possible options. In any negotiating session it is imperative to have some idea of what a Judge would decide, so that you know the strengths and weaknesses of your own case. Only an experienced attorney can provide this to you. You should feel free to ask your mediator or arbitrator to let you consult with your attorney at any stage of the proceedings, and you should always do so before making any agreements.

HOW TO BE A GOOD CLIENT (and save on legal fees) Essentially, the best way to save on your legal expenses is to be a good client. While this is not intended to be a comprehensive list, and is not arranged in any particular order as to priority, a good client should;