At some point, most attorneys make or receive a referral. Referring potential and existing clients is an integral part of the practice of law, contributes to the healthy ecosystem of the bar, and can be a means by which to maximize client outcomes. Referrals are also one of the primary income-generating activities available to practicing...
Law Articles
Defendant Seeks to Limit its Liability as a Matter of Law Does the duty of a tour bus operator to provide its passengers a reasonably safe discharge include a duty to drop passengers off at a location where they have a safe path to the front door of their destination? Or, is the duty limited...
In 2009, the Maine Legislature eliminated ten words from the state’s wrongful death statute. Although this bit of lawmaking was marked by little fanfare, it profoundly reshaped the scope of damages available to grieving beneficiaries of such claims in Maine. Prior to the 2009 amendment, Maine’s wrongful death statute provided, in pertinent part: The jury...
On October 18, 2021, new legislation went into effect that removed Maine’s statute of limitations for childhood sex abuse claims. It is a timely change that empowers survivors of sexual trauma to come forward and share their experiences when they are ready, rather than being constrained by an impersonal, sometimes impractical, one-size-fits-all deadline. The change...
Ask yourself: when is the last time you leveraged Rule 30(b)(6) to bolster your case? If your answer isn’t “recently,” you may want to pay close attention. A cousin of its federal counterpart, Maine Rule of Civil Procedure 30(b)(6) is often overlooked and perhaps misunderstood. When properly wielded, M.R. Civ.P. 30(b)(6) is a powerful tool...
by Michael T. Bigos, Esq. and Elizabeth A. Kayatta, Esq. Article originally published in the 2/24/22 edition of Maine Lawyers Review. Trauma-informed lawyering is a new and invaluable tool for Maine attorneys. When deployed correctly, the trauma-informed approach helps to strengthen client relations, improve communication, and build trust. Though originally developed to empower clients in...
As a litigator, I do my best work by making myself informed, anticipating obstacles to desired outcomes, and engineering a plan to overcome them. Be it procedural, evidentiary, or one of client management, I have long believed there is rarely an issue that cannot be “lawyered around” with thoughtful practice. Then the pandemic struck, and...
Written for the Brain Injury Association of America (BIAA) Rose is a board-certified obstetrician-gynecologist in a small but busy independent practice. Funny, smart, and dedicated, this mother of two was out walking her dog when a car jumped a curb and struck her on the sidewalk. The impact threw her to the ground; she was...