Welcome
Stephen Nelson, 2016 MSBA President
Welcome! I am very pleased to have this opportunity to address you for the first
time as the President of the Maine State Bar Association. We are looking forward
to an exciting and eventful year as we enter into our 125th year! We will kick off
our year by partnering with the Access to Justice Symposium for our Maine State
Bar Association Annual Meeting. The Symposium’s theme is Serving Those Who
Served. Meeting the Legal Needs of Veteran Service Members and Their Families.
There will be various sessions focusing on the rights and protections afforded
service members and their families in different substantive areas of the law.
At the luncheon on Friday, it will be the honor for the Maine State Bar Association
Board of Governors to be able to present the John Ballou Award for 2016 to,
Martha Phillips who is employed as a paralegal at the law firm of Sherman & Sandy
in Waterville and Peg Libby who is the founding executive director of Kids First
Center (KFC) in Portland.
We have also included a full offering of timely and interesting continuing legal
education topics throughout the day on Thursday and Friday. The topics not only
deal with practical guidance for use in your practice, but also include entertaining
case studies from recent months. Please join us in January as we look forward to
reconnecting with our colleagues!
Sponsors & Exhibitors
Major Meeting Sponsor:
Cross Employee Benefits
Sponsors & Exhibitors:
Allen/Freeman/McDonnell Agency
ARAG Group
BerryDunn
Evidox
Liberty Mutual
Maine Justice Foundation
Maine Probate Court
Access to Justice Symposium
Wednesday, January 20, 2016
Serving Those Who Served…Meeting the Legal Needs of Veteran Service Members and Their Families
12:30-2:00 Symposium Speakers’ Luncheon
1:30
Registration Opens
2:30-5:00
Symposium Panel
5:30-7:30 Symposium Reception
MSBA 2016 Annual Meeting
Thursday, January 21, 2016
Program titles appearing in red are part of the Access to Justice Symposium.
7:00
Registration Opens & Continental Breakfast
7:00 – 8:00
Past Presidents’ Breakfast
7:00 – 8:00
Section Business Meetings
Intellectual Property Section
Alternative Dispute Resolution Section
Intellectual Property Section
8:00 – 9:00 (1.0 CLE credit)
1. Plenary Session: Connect Your Legal Practice With Maine Veterans
Gen. Daniel B. Allyn, Vice Chief of Staff, U.S.Army
9:15 – 10:30 Concurrent Sessions (1.25 CLE credits)
2. Consumer Protection for Veterans and Service Members: State and Federal Resources
Moderator: Katherine R. McGovern, Esq.
Panelists: Brig. Gen. Gerard F. Bolduc, Attorney General Janet T. Mills & Holly Petraeus
3. Marital Agreements: Death, Divorce and Disability
Susan S. Bixby, Esq.; Jennifer L. Frank, Esq. & Jennifer L. Kruszewski, Esq.
4. Risk Management 101 for Not-for-Profits and Their Directors (ethics)
John D. Frumer, Esq.
5. A Practical Guide to Taking and Defending 30(b)(6) Depositions
Luis Dennis Carrillo, Esq. & Teresa M. Cloutier, Esq.
10:30 – 11:00
Break: Visit our Exhibitors
11:00 – 12:15 Concurrent Sessions (1.25 CLE credits)
6. Veteran and Military Cultural Matters (and they do matter...) (ethics)
Moderator: James C. Munch, Esq.
Panelists: Eric Banrevy Guerra, Maj. Adria O. Horn, Randall A Liberty, The Hon. Nancy Mills &
Hahna David Patterson, LCPC 7. Lawyers as Employers: Law Firm Landmines to Avoid From Hiring to Firing (1.0 ethics)
Julia G. Pitney, Esq. & Laura H. White, Esq.
8. Key Law Court Decisions in Maine Protection From Abuse Law
J. David Canarie Jr., Esq. & Melanie Stevens, Esq.
9. Executive Coaching: A Primer (ethics)
John M. O’Brien, Ph.D.
12:15 – 2:00
VLP Awards Luncheon
Campaign for Justice Update & Awards
2:00 – 3:15 Concurrent Sessions (1.25 CLE credits)
10. The Impact of Military Service on Family Law Issues: What Every Lawyer Should Know
Moderator: Heather T. Whiting, Esq.
Panelists: The Hon. Joseph H. Field, Sarah L. Glynn, Esq. & G. Brently Tanner, Esq.
11. Let’s Talk About Animal Law
Tom Linney, Esq. & Bonnie L. Martinolich, Esq.
Thursday, January 21, 2016 - Continued
12.
13.
A “Top Ten” List of Topics From Maine’s Early Legal History
Emily K. Green, Esq. & Hugh G.E. MacMahon, Esq.
Strengthening Your Client’s Claim or Defense of Commercial Damages
Jonathan M. Dunitz, Esq. & Nancy J. Fannon, CPA, ABV, ASA, MCBA
3:15 – 3:30
Break: Visit our Exhibitors
3:30 – 4:45 Concurrent Sessions (1.25 CLE credits)
14. What Every Maine Lawyer Needs to Know About VA Benefits
Moderator: Nan Heald, Esq.
Panelists: Robert Liscord & Neil B. Riley, Esq.
15. How and Why a Bill Becomes Law: The Legislative Process and Compiling Legislative History in Maine
Elaine Apostola ; John R. Barden, Esq. & Jessica Lundgren
16. Digital Evidence
Carlos Diaz, Esq.
17. Demystifying the Business Valuation Process
Arthur H. Marshall, MPS, ASA, CBA, CVA & Seth E. Webber, CFA, ASA, CBA, CVA
5:00 – 7:00
Reception
Friday, January 22, 2016
7:30 Registration Opens & Continental Breakfast
7:30 – 8:45
Maine Justice Foundation Fellows Breakfast
7:45 – 8:45
Section Business Meetings
Family Law Section
Health Law Section
Elder Law Section
New Lawyer Section
9:00 – 10:15 Concurrent Sessions (1.25 CLE credits)
18. Family BBQ Gone Awry: Investigating, Litigating and Mediating an Interesting Product Liability Case
Jerrol A. Crouter, Esq.; Alicia F. Curtis, Esq.; Peter H. Del Bianco, Esq.; Michael K. Martin, Esq. &
James E. O’Connell III, Esq.
19. Rules of Order for Lawyers
Joseph G. Carleton Jr., Esq.
20. Recent Developments in Real Estate Law: The Latest From the Law Court
David A. Soley, Esq.
21. Managing Disruptive Behaviors (ethics)
John M. O’Brien, Ph.D.
10:15 – 10:45 Break: Visit our Exhibitors
10:45 – 12:00 Concurrent Sessions (1.25 CLE credits)
22. Deflategate: The Role of Arbitration, Collective Bargaining and Judicial Review
Moderator: Diane E. Kenty, Esq.
Panelists: Ann M. Freeman, Esq.; Paul Jeffrey Greene, Esq.; Michael C. Ryan, Esq.; Trevor Savage &
James Spizuoco, Esq.
23. Estate Planning and Family Law: Happily Ever After
David S. Bischoff, Esq.; Thomas Griffin Leschefske, Esq.; Molly P. Liddell, Esq. & Geraldine G. Sanchez, Esq.
24. Emerging Issues in Professional Negligence Litigation
Craig A. Bramley, Esq.; Travis M. Brennan, Esq. & Julian L. Sweet, Esq.
25. Finding the Road Home: Personal Stories of Recovery (ethics)
Moderator: William C. Nugent, Esq.
Panelists: Michelle Allott, Esq.; David G. Coolidge, Esq. & The Hon. John D. McElwee
12:00 – 2:00
Awards Luncheon
Presentation of the John W. Ballou Award
Thursday, January 21, 2016 - Session Descriptions
8:00 – 9:00 (1.0 CLE credit)
1. Plenary Session: Connect Your Legal Practice With Maine Veterans
Gen. Daniel B. Allyn, Vice Chief of Staff, U.S.Army
9:15 – 10:30 Concurrent Sessions (1.25 CLE credits)
2. Consumer Protection for Veterans and Servicemembers: State and Federal Resources
Some of most serious and challenging legal problems facing veterans and servicemembers fall in the area of consumer protection, particularly consumer finance. This panel will explore the consumer protection needs of veterans and
servicemembers and the ways that attorneys can most effectively help meet these needs. Panelists will provide specific
information about the state and federal laws, agencies, and other resources that attorneys can use to assist veterans
and servicemembers in need of consumer legal assistance, including: the Servicemembers’ Civil Relief Act; agency
complaint procedures; limitations on withholding from benefits and allotments; and mortgage assistance programs.
Moderator:Katherine R. McGovern, Esq., Pine Tree Legal Assistance
Panelists: Brig. Gen Gerard F. Bolduc, Acting Adjutant General of Maine
Attorney General Janet T. Mills
Holly Petraeus, Assistant Director, Servicemember Affairs, Consumer Financial Protection Bureau
3. Marital Agreements: Death, Divorce and Disability
The ability to draft an enforceable marital agreement (whether prenuptial or postnuptial) is an essential skill. This
session will address marital agreements from the perspective of three distinct practice areas. Trusts and Estates
attorney Jennifer Kruszewski will discuss rights and obligations associated with the death of a party to the agreement,
as well as provisions dealing with inheritances and gifts received before or during the marriage. Divorce attorney Susan
Bixby will offer an analysis of key issues relating to marital property, separate property and other divorce-related topics
such as spousal support and child support. Elder law attorney Jennifer Frank will highlight the importance of addressing
disability in a marital agreement, especially as it pertains to long term care and MaineCare.
Susan S. Bixby, Esq.
Jennifer L. Frank, Esq.
Jennifer L. Kruszewski, Esq.
4. Risk Management 101 for Not-for-Profits and Their Directors (ethics)
This seminar will consider best practices for not-for-profit risk management, risk mitigation, risk transfer and related
ethical issues. Prudent methods of identification and assessment of risks, statutory immunities and waivers, contractual
indemnifications, critical insurance provisions and concepts, as well as relevant burdens of proof in litigation will be
analyzed with an eye towards protecting those benefiting from the not-for-profit while also preserving the not-for-profit’s
assets which are at the heart of the directors’ fiduciary duty.
John D. Frumer, Esq.
5. A Practical Guide to Taking and Defending 30(b)(6) Depositions
Deposition notices pursuant to Rule 30(b)(6) of both the Federal and Maine Rules of Civil Procedure are powerful
tools that require organizations to produce one or more witnesses to testify on the organizations’ behalf with respect to
the noticed topics. This presentation will review the more significant developments that have taken place in the 30(b)
(6) arena and suggest some practice tips to improve the efficiency and effectiveness of the discovery process, from
the perspectives of both the deposing party and the deponent. Topics will include; the legal framework, the deposition
notice, the organization’s obligations to be prepared, motion practice, witness designation and preparation of witnesses,
and taking and defending the deposition.
Luis Dennis Carrillo, Esq.
Teresa M. Cloutier, Esq.
Thursday, January 21, 2016 - Session Descriptions
11:00 – 12:15 Concurrent Sessions (1.25 CLE credits)
6.
Veteran and Military Cultural Matters (and they do matter...) (ethics)
We all bring who we are, our culture, our backgrounds and our experiences, to our daily lives, and these factors
shape how we react to stressful events. For many, legal events, be they lawsuits, divorce, property or will disputes,
or encounters with the criminal justice system, are painfully difficult, and how we interact with those who represent
us -- our lawyers -- is fundamentally shaped by who we are. While lawyers no more need to be social workers or
psychologists to practice law effectively than medical malpractice lawyers need to go to medical school, all lawyers
need to know enough about the operation of their client’s emotional and cultural frames of reference to appreciate the
ways in which these forces may enhance or impede their work. Veterans bring unique perspectives, many of which
are deeply unfamiliar to most lawyers, which fundamentally affect their expectations and define the nature of their
interactions with and reactions to lawyers. This panel brings the perspectives of a recent combat veteran, a former
sheriff and the current Warden of the Maine State Prison, a lawyer, a Superior Court Judge and the Director of Maine
Veterans’ Services to explore these important and fascinating issues.
Moderator:
James C. Munch, Esq.
Panelists:
Eric Banrevy Guerra, Marine, Student University of Southern Maine, and Veteran’s Court Graduate
Maj. Adria Horn, director, Maine Veteran’s Services, US Army Reserves
Randall A. Liberty, Warden, Maine State Prison
The Hon. Nancy Mills, Maine Superior Court
Hahna David Patterson, LCPC, Director Behavioral Health, Maine Army National Guard
7. Lawyers as Employers: Law Firm Landmines to Avoid from Hiring to Firing (1.0 ethics)
While most attorneys would rather simply practice law (or go golfing), lawyers are employers too. Laura and Julia will
address a number of common employment law issues that can arise in the law firm setting. Ethical dilemmas and
practice management tips will be discussed, including hiring questions to avoid, new updates on social media, wage
and hour compliance and leave policies, termination issues, and claims avoidance.
Julia G. Pitney, Esq.
Laura H. White, Esq.
8. Key Law Court Decisions in Maine Protection from Abuse Law
This presentation discusses ten key Law Court decisions interpreting Maine’s Protection from Abuse statute, 19-A
M.R.S.A § 4001 et seq. In addition to reviewing how the Law Court decided each case, the presenters will identify
overarching tends in the development of Maine Protection from Abuse law, and discuss the best avenues for protecting
your client’s interests in protection from abuse cases.
J. David Canarie, Jr., Esq.
Melanie Stevens, Esq.
9. Executive Coaching: A Primer (ethics)
Many executives are faced with challenging situations in their varied roles within organizations. Most executives do not
have time to devote to simply sit and reflect on their responses to current stress or to develop skills needed as leaders.
Career and/or professional development lead the list of topics that are addressed in executive coaching. In addition,
difficulties with staff morale, disruptive behaviors of colleagues, and work-related stress reactions are some of the
challenges that today’s leaders face and that motivate them to seek out the support of a coach. Attorneys are faced
with these same challenges. The practice of law continues to become more and more complicated by factors such as
increased competition, technological demands and time constraints. Lawyers often do not have the time to shift gears
and develop the skills to manage daily demands. This workshop will provide an introduction to the concept of executive
coaching. We will explore the ways that coaching is different from other forms of training and clarify how working with
a coach can provide substantial benefits to an attorney. This lively presentation will involve both lecture and group
discussion to assist participants in exploring the world of coaching. By the end of this workshop, participants will be able
to: 1. Describe the difference between coaching and other forms of training. 2. Characterize typical issues addressed in
coaching. 3. Define elements of a typical coaching session 4. Identify ways to choose an executive coach.
John M. O’Brien, Esq.
12:15 – 2:00
VLP Awards Luncheon
Campaign for Justice Update & Awards
Thursday, January 21, 2016 - Session Descriptions
2:00 – 3:15 Concurrent Sessions (1.25 CLE credits)
10. The Impact of Military Service on Family Law Issues: What Every Lawyer Should Know
This workshop will discuss the impact of military deployment, benefits and regulations on resolution of domestic
violence, custody and support issues in family law matters and practical concerns such as service and representation
for those in service.
Moderator:
Heather T. Whiting, Esq.
Panelists:
The Hon. Joseph H. Field
Sarah L. Glynn, Esq.
G. Brently Tanner, Esq.
11. Let’s Talk about Animal Law
Tom Linney, pro bono coordinator for the national nonprofit Animal Legal Defense Fund (ALDF), will give a presentation
about ALDF, the rapidly growing field of animal law, and some of ALDF’s biggest cases in the last 35 years. The
discussion will include how animal law intersects with traditional areas of law including criminal, constitutional, torts,
wills and estates, and family law. Tom will also discuss ways that lawyers can get involved in animal law including
through participation in state bar animal law sections and pro bono opportunities with his organization. ALDF utilizes
volunteer attorneys to work on a variety of projects including legal research, filing amicus briefs, litigating cases, and
assisting prosecutors with animal cruelty cases. ALDF has more than 1,800 volunteer attorney members and works with
many of the largest and most well-respected law firms in the country. Tom has given this presentation in law firm offices
and to state bar sections and committees all over the country and many attorneys are excited to learn about animal
law. Bonnie Martinolich is a partner in Preti Flaherty’s Business Law Group and has been involved in many aspects of
animal law in her volunteer capacities. Bonnie will provide an overview of animal law issues in Maine, including those
affecting municipalities, farming, animal welfare and other animal related topics. She will also briefly discuss some of
the initiatives engaged in by other state bar animal law sections and the potential for an animal law section of the Maine
State Bar Association.
Tom Linney, Esq.
Bonnie L. Martinolich, Esq.
12. A “Top Ten” List of Topics from Maine’s Early Legal History
Viewing Maine’s early jurisprudence through the filter of a “Top Ten” list, this presentation aims to provide a focused
overview of some of the most significant legal lessons from the early years of Maine law that remain relevant for us
today. All of the topics selected for this presentation have been selected from Hugh MacMahon’s book on early Maine
law, “Progress, Stability and the Struggle for Equality –A Ramble through the Early Years of Maine Law (1820-1920),”
which was published in 2009. The importance of knowledge of legal history for the practicing attorney is there noted as
follows: “Viewing each judicial decision and rule of law in isolation . . . . the lawyer who disregards legal history is likely
to misconceive the direction in which the law is currently tending and the historical forces involved in that movement,
and thus in any given case is unsure whether he or she is going with or against the grain. In that state, the lawyer’s
judgment will lack an essential element of soundness, and his/her advocacy will not be as persuasive as it might be.”
(Progress, Stability at 2).
Emily K. Green, Esq.
Hugh G.E. MacMahon, Esq.
13. Strengthening Your Client’s Claim or Defense of Commercial Damages
WACC, EBITDA, before-and-after, yardstick, sales projection, market model, lost profits, lost value, royalties, what does
it all mean? How is it proven or disproven? The liability or the defense of your case is clear, but all these acronyms,
methods and numbers are cumbersome and mysterious. In reality, just like the facts of the underlying liability (or lack
thereof), the numbers tell a story. In fact, one could argue that the numbers are the most unbiased part of the case. In
this session, we will provide some basic understanding of how commercial damages are calculated, what standards
must be met and how to tell the numbers’ story in a way that a jury can understand.
Jonathan M. Dunitz, Esq.
Nancy J. Fannon, CPA, ABV, ASA, MCBA
3:30 – 4:45 Concurrent Sessions (1.25 CLE credits)
14. What Every Maine Lawyer Needs to Know about VA Benefits
This presentation will cover the most common and important VA benefits, VA accreditation, and other resources to help
you ensure that clients with military service access the benefits and rights to which they are entitled.
Moderator: Nan Heald, Esq.
Panelists:
Robert Liscord, Veteran Outreach Coordinator
Neil B. Riley, Esq.
Thursday, January 21, 2016 - Session Descriptions
15. How and Why a Bill Becomes Law: The Legislative Process and Compiling Legislative History in Maine
Deciphering legislative intent can be a crucial strategy in the practice of various areas of law. Join librarians from
the Maine State Law and Legislative Reference Library for an in-depth look at how an individual piece of legislation
goes from concept to enactment and how the law develops over time. This presentation will describe each step in the
legislative process in Maine and will show you how to find the documents produced during consideration of a law. It will
distinguish between compiling the history of a single public law, the history of a certain legal topic, and the statutory
history of a code section. Learn how to do this research on your own by using the resources of the Maine State Law and
Legislative Reference Library.
Elaine Apostola
John R. Barden, Esq.
Jessica Lundgren
16. Digital Evidence
As digital technology becomes increasingly ubiquitous, lawyers and judges must understand how digital evidence fits
within the traditional legal framework of the rules of evidence. This presentation will address the challenges of laying
a proper foundation for the admission of digital evidence, particularly with respect to issues of authentication, hearsay,
and reliability. We will examine and analyze the rules of evidence and case law as they apply to specific types of digital
evidence, including email, text messages, social media posts, and electronic databases. Carlos Diaz, Esq.
17. Demystifying the Business Valuation Process
For many attorneys and their clients, business valuation is a mystifying process. Information is collected. An opinion is
rendered. How exactly does a vast pool of data get distilled into a concise opinion of value? Experts from BerryDunn’s
Valuation & Forensic Services Group present an overview of the valuation process, designed to lift the veil and make
the entire process more approachable for attorneys and their clients. Topics to be addressed include: The overall
process of developing an opinion of value, What kinds of information are considered to evaluate a business, The
importance of historic financial performance and forecasted financial performance, Different valuation methods, An
overview of discounts and when they might be applied, How a final opinion of value is determined and What to look for
in a valuation report.
Arthur H. Marshall, MPS, ASA, CBA, CVA, Senior Manager
Seth E. Webber, CFA, ASA, CBA, CVA, Principal
Friday, January 22, 2016 - Session Descriptions
9:00 – 10:15 Concurrent Sessions (1.25 CLE credits)
18. Family BBQ Gone Awry: Investigating, Litigating and Mediating an Interesting Product Liability Case
The plaintiff in this settled matter was injured as the result of swallowing a fragment of a barbecue grill brush
bristle. While the plaintiff was cleaning her grill with the brush, a small metal fragment broke off the brush and
became attached to the grill grate. The fragment then became attached to her burger and was ingested when the
she ate the burger. As a result, the plaintiff suffered an injury to her esophagus and required surgery to remove
the fragment. The plaintiff sued the seller and manufacturers of the grill brush, claiming that the brush was
defectively designed. The case was litigated in federal court and settled at mediation. The panelists for this one
hour presentation; representing plaintiff’s counsel, defense counsel and the mediator; will discuss their roles and
perspectives in investigating, litigating and mediating the case.
Jerrol A. Crouter, Esq.
Alicia F. Curtis, Esq.
Peter H. Del Bianco, Esq.
Michael K. Martin, Esq.
James E. O’Connell III, Esq.
19. Rules of Order for Lawyers
Rules of order apply everywhere, from meetings of small nonprofits to local governments, to legislative bodies and
national conventions. Parliamentary authorities, whether Robert’s Rules, Rules of the Maine Moderators Manual,
Masons Manual for state legislatures or Congressional rules, are based on the same principles. This program will
explain the basics of rules of order, differences between parliamentary authorities, special rules for small bodies,
and the legal remedies that are available (and not available) if the rules are not complied with. The program will
include written materials describing how to properly conduct an election under Robert’s Rules. A list of references
and resources will also be provided.
Joseph G. Carleton, Jr., Esq.
Friday, January 22, 2016 - Session Descriptions
20. Recent Developments in Real Estate Law: The Latest from the Law Court
Recent Developments in Real Estate Law: The Latest from the Law Court. A scintillating discussion and analysis
of the ten most important Maine cases in 2014-2015. The program will include insights and practice tips on how
to use, and benefit from, these cases in the practice of real estate law and real estate litigation. The world of
Maine real estate law is ever changing. This program ensures that you don’t miss the latest events. This program
ensures that you are plugged into the latest decisions, ideas, and trends. David A. Soley, who has tried real estate
cases for over thirty years and who is the author of the American Bar Association’s critically claimed Real Estate
Litigation Handbook, leads the presentation.
David A. Soley, Esq
21. Managing Disruptive Behaviors (ethics)
Attorneys face numerous stressors in their work such as long days, billable hour expectations and demanding
clients. However, one of the most challenging stressors occurs when they experience conflicts within their
work environment. Staff, colleagues or supervisors can be the source of difficult or disruptive behaviors. These
behaviors are often difficult to quantify, hard to prove and challenging to address. This training will provide you
with the skills to manage disruptive behaviors in the workplace. Participants will learn to describe negative
behaviors and their effects on others. The presenter will review conflict management styles and discuss how they
can help/hinder the process of addressing conflicts. The workshop will end with a discussion of ways to effectively
respond to these challenging behaviors.
John M. O’Brien Ph.D.
10:45 – 12:00 Concurrent Sessions (1.25 CLE credits)
22. Deflategate: The Role of Arbitration, Collective Bargaining and Judicial Review
A panel of lawyers and law students will discuss “Deflategate” and how New England football fans came to pay
close attention to the arbitration and other legal proceedings involving Patriots’ quarterback Tom Brady. From the
perspectives of labor and employment law, sports law, arbitration and ADR, the panel will analyze provisions in
the NFL’s collective bargaining agreement, the NFL’s investigation and disciplinary procedure, the suspension of
Tom Brady by Commissioner Roger Goodell, and the court decision to overrule it. Everything you need to know to
talk authoritatively about the legal aspects of the “Tom Brady” case at your Super Bowl party.
Moderator:
Diane E. Kenty, Esq.
Panelists:Ann M. Freeman, Esq.
Paul Jeffrey Greene, Esq.
Michael C. Ryan, Esq.
James Spizuoco, Esq.
Trevor Savage
23. Estate Planning and Family Law: Happily Ever After
This presentation will examine issues at the intersection of estate planning and family law. We will review estate
planning and basic asset protection strategies then unpack what happens in the context of a divorce. What
strategies successfully “protect” assets from divorcing spouses? What provisions do divorce lawyers successfully
attack? And what are the policy implications? We will provide practical planning tips and traps for the unwary.
We will also survey important recent developments including a discussion of the recent decision in Pfannenstiehl
v. Pfannenstiehl, a Massachusetts appellate case in which the assets of an irrevocable spendthrift trust were
found to be marital property.
David S. Bischoff, Esq.
Thomas Griffin Leschefske, Esq.
Molly P. Liddell. Esq.
Geraldine G. Sanchez, Esq.
24. Emerging Issues in Professional Negligence Litigation
This presentation will discuss new issues that have arisen in the context of professional negligence claims,
including the scope of medical providers’ duties, the continuing course of negligent treatment doctrine and its
application to health care systems, the use of fraudulent concealment to enlarge the statute of limitations, and
negligence claims arising from the delivery of care by integrated health care systems. This presentation will
explore these emerging issues in the context of recent cases and discuss the practical implications that these
issues have in shaping the future course of professional negligence claims.
Craig A. Bramley, Esq.
Travis M. Brennan, Esq.
Julian L. Sweet, Esq.
Friday, January 22, 2016 - Session Descriptions
25. Findings the Road Home: Personal Stories of Recovery (ethics)
Numerous studies have confirmed that depression, substance abuse (and its alter ego, codependency) are
significant occupational hazards of the legal profession. Nevertheless many attorneys and judges fail to seek help
for these treatable conditions, largely out of fear, shame or embarrassment. In this session panel members will
undertake a frank and open discussion of their experiences in the hope that sharing their stories will encourage
others to avail themselves of readily available assistance, and begin the journey toward recovery. The presentation
will also be helpful to anyone who is concerned about a colleague, friend or family member or who seeks a better
understanding of depression, substance use disorder or codependency.
Moderator:
William C. Nugent, Esq.
Panelists: Michelle Allott, Esq.
David G. Coolidge, Esq.
The Hon. John D. McElwee
12:00 - 2:00
Awards Luncheon
Presentation of the John W. Ballou Award
GREAT THINGS ARE UNDERWAY
You probably know that the Maine State Bar Association established the Maine Bar Foundation in 1983. Now we have a new name. And we are expanding our work! You’ll want to hear about all the great things that are underway at the Maine Justice Foundation because now you can partner with us to make sure that civil legal aid is available to all.
Why the name change? What else is new? What’s so important? What can I do? Be sure to join us at the Friday lunch of the Annual Meeting of the Maine State Bar Association on January 22 to get your answers to these questions and more! Meeting Information
Registration Information
Pre-registration is available until January 13, 2016. Registrations will also be accepted on-site. No registrations will be
accepted without payment or credit card in advance. You may fax your registration to 207-623-0083. To register by phone, call
207-622-7523 or 1-800-475-7523. You may mail your completed registration form to:
Maine State Bar Association
P.O. Box 788
Augusta, ME 04332-0788
Cancellations
You may cancel your registration for a full refund less a $50 administrative fee up until January 8, 2016. NO REFUNDS will be
made after January 8, 2016, or for “no shows.” The date of cancellation is the date received at Bar Headquarters in Augusta.
We cannot accept on-site cancellations.
CLE Credits
Earn up to 8.50 CLE credits, including up to 5.0 ethics credits.
Committee and Section Business Meetings
Members attending only the various committee and section meetings are not required to pay a registration fee. However, we
do ask that you check in at the registration desk upon arrival.
Spouses/Guests
Spouses and other guests are welcome to attend. No registration fee will be charged; however, please remember to list guest
names on your registration form and purchase separate meal tickets for your guests.
Hotel Accommodations: Portland Marriott at Sable Oaks
A limited number of rooms have been reserved at the Portland Marriott at Sable Oaks at a special rate of just $132 per night. If
you are in need of lodging, please call the hotel at 1-800-752-8810 to reserve your room now. The discount rate is guaranteed
until December 28, 2015. After December 28, reservations will be accepted on a space-and rate-available basis. When you
call, remember to identify yourself as an attendee of the MSBA Annual Meeting to receive our special rate. All reservations
must be guaranteed by a major credit card or first night’s room deposit plus tax.
Cancellations must be received by 11:59 p.m. on the day prior to arrival, to avoid billing or forfeiting the room deposit.
2016 Annual Meeting Registration Form
Registrants, instructors, exhibitors and guests attending the MSBA Annual Meeting agree they may be photographed during the event. Photographic materials are the sole
property of the MSBA, and the MSBA reserves the right to use attendees’ names and likenesses in promotional materials without providing monetary compensation.
Name________________________________________________________________________________ME Bar #________________
Organization_________________________________________________________________________________________________
Address_____________________________________________________________________________________________________
City_______________________________________________________State_________________Zip__________________________
Tel #__________________________________ Email Address__________________________________________________________
Names of Guests______________________________________________________________________________________________
1
Full-Meeting Registration
Wednesday-Only Registration
Includes:Wednesday reception; Thursday breakfast, lunch and reception; and Friday breakfast and lunch.
Member .........................................................................$300
Non-Member...................................................................$375
Student ...........................................................................$150
Judge/Magistrate* ..........................................................$ 0
*Meals not included for judges.
Friday Lunch Choices:  Vegetarian Wedge Salad
 Steak Wedge Salad
 Shrimp Wedge Salad
 List food allergies:________________________________
Access to Justice Symposium Registration
Wednesday & Thursday
Includes: Wednesday reception, and Thursday breakfast
and lunch.*
Attorney...........................................................................$165
Non-Attorney...................................................................... $125
Student ...........................................................................$ 75
Judge/Magistrate**..........................................................$ 0
*Does not include Thursday reception.
**Meals not included for judges.
2
Thursday-Only Registration
Includes: Thursday breakfast, lunch and reception.
Member........................................................................... $200
Non-Member................................................................... $275
Student ........................................................................... $100
Judge/Magistrate.............................................................$ 0
*Meals not included for judges.
Friday-Only Registration
Includes: Friday breakfast and lunch.
Member...........................................................................$125
Non-Member................................................................... $200
Student ........................................................................... $ 65
Judge/Magistrate.............................................................$ 0
*Meals not included for judges.
Friday Lunch Choices:  Vegetarian Wedge Salad
 Steak Wedge Salad
 Shrimp Wedge Salad
 List food allergies:________________________________
Meals Only
Thursday Lunch......................... @ $35x_______ (#)= $_______
Thursday Reception.................. @ $45x_______ (#)= $_______
 List food allergies:________________________________
3
Includes: Wednesday reception.
Attorney........................................................................... $ 30
Non-Attorney................................................................... $ 20
Student ...........................................................................$ 10
Judge/Magistrate.............................................................$ 0
Friday Lunch
Vegetarian Wedge Salad....... @ $35 x_______ (#)= $_______
Steak Wedge Salad............... @ $35x_______ (#)= $_______
Shrimp Wedge Salad............. @ $35x_______ (#)= $_______
Payment Information: No Refunds After January 8, 2016
Total $____________
 Check Enclosed #_________ / MasterCard - VISA - Discover - AMEX
Card #____________________________________________________
Exp. Date _________________________ CSC Code _______________
Name on CC_______________________________________________
Billing Address______________________________________________
_________________________________________________________
Signature__________________________________________________
Program Materials
A link to program materials will be provided by email to
all registrants prior to the program. Printed materials
will not be available at the program.
(PLEASE RETURN THIS PAGE AND SESSION CHOICE PAGE)
4
2016 Annual Meeting: Registration Form
Your Name:________________________________________________________________________________
Please choose your sessions below. Sessions in red indicate Access to Justice Symposium programming. If you are registering for
the full meeting or for Thursday only, you may attend any sessions you wish. If you are registering only for the Access to Justice Symposium, you may only choose that programming.
Thursday, January 21, 2016
8:00-9:00
 1. Plenary Session: Connect Your Legal Practice with Maine Veterans
9:15-10:30 (choose one topic)
 2. Consumer Protection for Veterans and Servicemembers: State and Federal Resources
 3. Marital Agreements: Death, Divorce and Disability
 4. Risk Management 101 for Not-for-Profits and their Directors (ethics)
 5. A Practical Guide to Taking and Defending 30(b)(6) Depositions
11:00-12:15 (choose one topic)
 6. Veterans and Military Cultural Matters (and they do matter...) (ethics)
 7. Lawyers as Employers: Law Firm Landmines to Avoid from Hiring to Firing (1.0 ethics)
 8. Key Law Court Decisions in Maine Protection from Abuse Law
 9. Executive Coaching: A Primer (ethics)
2:00-3:15 (choose one topic)
10.The Impact of Military Service on Family Law Issues: What Every Lawyer Should Know
 11. Let’s Talk about Animal Law
 12. A “Top Ten” list of Topics from Maine’s Early Legal History
 13. Strengthening Your Client’s Claim or Defense of Commercial Damages
3:30-4:45 (choose one topic)
 14. What Every Maine Lawyer Needs to Know about VA Benefits
 15. How and Why a Bill Becomes Law: The Legislative Process and Compiling Legislative History in Maine
 16. Digital Evidence
 17. Demystifying the Business Valuation Process
Friday, January 22, 2016
9:00-10:15 (choose one topic)
 18. Family BBQ Gone Awry: Investigating, Litigating and Mediating an Interesting Product Liability Case
 19. Rules of Order for Lawyers
 20. Recent Developments in Real Estate Law: The Latest from the Law Court
 21. Managing Disruptive Behaviors (ethics)
10:45-12:00 (choose one topic)
 22. Deflategate: The Role of Arbitration, Collective Bargaining and Judicial Review
 23. Estate Planning and Family Law: Happily Ever After
 24. Emerging Issues in Professional Negligence Litigation
 25. Finding the Road Home: Personal Stories of Recovery (ethics)
PLEASE COMPLETE AND RETURN TO:
Attn: Shawna Melanson
Maine State Bar Association
P.O. Box 788 - Augusta, ME 04332-0788
Tel: 207-622-7523 Toll Free: 1-800-475-7523
Fax: 207-623-0083
Email: [email protected]